General Terms and Conditions of Sale
1. DEFINITION
Fashion Network, 126, rue Réaumur, 75002 PARIS. RCS PARIS 439 284 191
"The Company" refers to Fashion Network.
"Buyer" refers to any Advertiser or Agent who has signed an Advertising Order.
"Advertiser" refers to any individual or any company or group of companies that purchases Advertising Space, directly or through an Agent.
"Client" refers to any Advertiser/Agent or Buyer who has signed a Purchase/Advertising Order.
"Support(s)" refers to the FashionNetwork websites.
"Service(s)" refers to advertising banners and/or sponsored articles.
2. OBJECT OF THE CONTRACT
Our sales are subject to these general terms and conditions. In the event of a contradiction between these general sales conditions and a client's purchase conditions, it is agreed that these general conditions shall prevail.
Any request for the insertion of sponsored articles, advertising banners, and/or press releases on the website FashionNetwork.com is deemed firm and irrevocable by the client upon the signing of the contract.
Our sales are deemed acquired and due as soon as the order form has been stamped, dated, and signed by the client for the following services: Advertising Banners, and Sponsored Articles.
If this request is made by an agent, it jointly commits both the agent and the client, particularly for the proper payment of this advertisement. The agent must act under the cover of a notice from the client specifying the scope and duration of its mandate. Every new Client agrees to transmit the necessary administrative data to qualify for opening an account.
3. PRICE - PAYMENT TERMS
The prices stated in the contract are exclusive of taxes and are those in force on the date the order is signed.
Prices for service provisions are listed on our commercial brochures, downloadable from our websites.
The duration of this Contract begins on the date the Client accepts these terms and ends at the expiration of the last of the periods of effect of the products the Client purchased from Fashion Network.
Payment is made at the time of order by check, bank transfer, or credit card (via Stripe.com for credit card payments).
Opening of the services occurs upon receipt of payment for Advertising Banners, and Sponsored Articles.
In case of a granted delay or a down payment made by the Company, payments must be received on the due date specified in the contract and reminded on the invoice, otherwise, the subsequent installments will become immediately due, and access to the site may be interrupted without prior notice.
Payment for Advertising Banner services may be made up to 40 days from the invoicing date.
Any payment delay will automatically and without prior notice incur interest charges at a rate of 1% per month from the date of due. If debt collection involves our legal department or any other collection agent, the debt will be increased by a flat rate of 15% of the total invoiced amount under the penalty clause. The applicable VAT rate and taxes are those imposed by legislation in force at the date the contract is concluded. The pricing conditions of the offer made by the Company to the Client or its agent have a validity period of 30 days from the issuing of the offer.
These general terms and conditions of sale and the rates charged by the Company may be modified at any time, without notice. These changes are without impact on ongoing contracts and issued offers. Case opening, the performance of graphic services, setting up statistical elements, and backups generate technical costs which vary from 20% to 50% of the total order amount. This cost is included in the contract price.
For monthly subscriptions, rates may be modified at any time with a 3-month notice.
4. RESPONSIBILITIES
The Client commits, in all Banners and Sponsored Articles published on the Company's site, to comply with current legislation related to the labor code (ART. L 311-4) which specifies that no defamatory or discriminatory term harmful to third parties is mentioned.
The Client must respect any case law, code, custom, practice, or law to which it is subject for the reception and handling of CVs.
The Client must ensure compliance with the French "Informatique et Libertés" law no. 78-17 of January 6, 1978 as well as the adoption of the General Data Protection Regulation that came into force on May 25, 2018, and be in compliance with the CNIL.
The Client agrees not to submit, copy, resell, or make available in any form whatsoever articles published on FashionNetwork.com.
Only the site FashionNetwork.com owns the contents hosted on site, and no reproduction is possible; therefore, none of the information can be reproduced, modified, redistributed, translated, commercially exploited, or reused in any way without the prior written agreement of the publisher. The publisher cannot be held responsible for delays, errors, omissions which cannot be excluded, nor the consequences of actions or transactions carried out based on this information or any other information received from the Company to another physical or legal person.
Advertising Banners/Sponsored Articles:
The Client agrees to pay the sums due to the Company in exchange for the services performed by the latter.
Advertising Orders may be placed by an Agent subject to the express written consent of the Advertiser, transmitted to the Company. Any request made by an Agent regarding the insertion of an advertising message must be necessarily accompanied by the mandate attestation signed by the Advertiser and its Agent,
The Client is solely responsible for the content of the text, videos, and illustrations, especially the brands and denominations it mandates FashionNetwork.com to distribute on its supports. In particular, the reproduction rights of any photographic documents are at its charge.
The Client absolves the Company of civil responsibilities it might incur due to the contents of the banners and sponsored articles it has published at its request. The Client agrees to indemnify the Company for all damages it suffers and guarantees it against any third-party actions because of these insertions.
Any reservation request must be notified to the Company at least two (2) days before the first online posting of the advertising message, by email, and must be accompanied if necessary by the completed and signed Mandate Attestation by the Advertiser and its Agent.
The reservation request must specify:
- the name of the Advertiser and that of the eventual Agent,
- the precise nature and name of the product or service subject to the request,
- the Advertisements/Sponsored Articles will be provided by the client,
- the date of the online posting of the advertising message and its duration of the online presence,
- the selected targeting criteria,
- the budget allocated to the reservation request, according to the current rate.
The Service provision may be published only once over a given period with a maximum number of impressions to be reached defined in the Order Form.
Every order form received dated, stamped, and signed concludes the sale of the Service provision.
Any delay, suspension, or cancellation in the broadcast of the Service provision due to technical failures inherent to the operation of the Internet network, external to the Company and independent of its will, cannot motivate a refusal of payment, even partial on the part of the Client or its agent, nor open the right to a new insertion at the expense of the Company or to compensation, in any form, of the Client or its agent.
The responsibility of the Agency can in no case be sought if the failure or delay of insertion of the advertising message results from the non-compliance by the Client of any of the stipulations of the present
The Client has a right to access, modify, correct와 and delete personal information concerning them, in accordance with the Data Protection Act No. 78-17 of January 6, 1978 and the General Data Protection Regulation that came into force on May 25, 2018. To exercise this right, the Client must contact the Company.
The Company is free to refuse, according to the uses of press and publication, the insertion of a Service provision without having to justify its refusal.
The Company cannot be held responsible for accidental or voluntary damages caused to the Client by third parties because of or through their connection to the Internet network.
5. USE OF CONFIDENTIAL CODES
All elements permitting the Client to identify and connect to the Company's services are personal and confidential, they can only be changed after an Online request by the Client. The Company reserves the right to modify them by notifying the Client. The Client undertakes to maintain the constituent elements of their identifier and not disclose them in any form.
Each user of the Client must be identified to the Company.
6. DURATION OF THE CONTRACT - TERMINATION - MODIFICATION
The duration of the contract is stated therein and constitutes an irrevocable commitment on the part of the Client.
Any termination of an order shall occur within two (2) business days following the order date and can only be accepted if it is formulated in writing and sent to the email [email protected].
Without notice, the Company reserves the right to suspend or permanently interrupt the online services on the site in the following cases: Site hacking, use contrary to article L.311-4 of the labor code, payment incident, non-payment of sums due at the deadlines set in the contract.
The subscriber of an advertising order has the opportunity to retract their order, by written notification, provided that this retraction occurs (3) three weeks before the scheduled date for the first publication of the advertisement.
Regarding insertions that have appeared on the site, any dispute on the substance or form must be brought to the attention of the Company within a period of eight (8) days from its publication; disputes raised beyond this deadline will be inadmissible.
In case of modification of the order form before or during execution, the discounts and various rebates will be recalculated, and a rectifying invoice will be issued if necessary, payable in cash.
7. DISPUTE RESOLUTION
Any dispute related to this contract, even in the case of warranty claims or multiple defendants, would in the absence of an amicable agreement be subject to the exclusive jurisdiction of the Paris Commercial Court within whose jurisdiction the Company's registered office is located.