These General Conditions of Sale apply to the sale of space by Tao Media, advertising agency for the lelavandou.eu site and/or associated domains and/or tourism publications for the Europe area, under an agency contract with WinAsia.Asia Ltd, the publisher and owner, subject to the special conditions of sale signed by the advertiser, hereinafter referred to as “Purchase order”. These General Conditions of Sale shall prevail over all other general conditions (regarding space or other matters) established by the advertiser. All Purchase Orders are subject to the publisher’s prior consent, which may be refused under the Terms and Conditions (T&Cs) of the lelavandou.eu site and/or associated domains and/or tourism publications.
This agreement is concluded for the period specified in the Purchase Order, duly signed by the parties. The dates of visibility on lelavandou.eu and/or associated domains and/or tourism publications are approximate and depend on the technical integration period.
3.1 The deadline for submission of graphic elements is 72 (seventy-two) working hours, unless other deadlines are stated in the Purchase Order.
3.2 The banners are placed on the pages of the lelavandou.eu site and/or associated domains and/or tourism publications by the advertiser according to availability and technical constraints - as detailed in the Purchase Order. Their formats are shown on lelavandou.eu. All banners are subject to technical fees for animated GIF formats in addition to the price of the space, except if the advertiser makes these elements themselves.
3.3 Internet banners are always placed in the page border.
3.4 If applicable, technical constraints and special advertising conditions must be stated in the purchase order in order to be taken into consideration.
4.1 The advertiser is personally responsible for all rights of use, operation, reproduction, representation, adaptation, circulation and more generally all the intellectual property rights relating to technical elements presented to the agency. Tao Media cannot be held responsible if the advertiser does not comply with this obligation.
4.2 The Advertiser grants to Tao Media, personally and non-exclusively, the right to use the distinctive signs of its products, brands, services, etc. (logos, graphics, typography, photos, maps, text, music, etc.) and/or the hyperlink, in the course of fulfilling the purchase order.
4.3 Banners or advertisements created or adapted in all formats remain the property of Tao Media, which prohibits any other use, unless they are provided by the advertiser or by special agreement duly signed by Tao Media and the advertiser.
5 Conditions of payment.
5.1 This Purchase Order is subject to the local VAT applicable to the agency. The amount is displayed in €.
5.2 In all cases, the advertiser is liable to pay for the Purchase Order under the agreed conditions. A representative of the advertiser who signs a Purchase Order also acts in their own name. They are therefore jointly liable for payment to us.
5.3 Cancellation of a Purchase Order by the advertiser (by registered letter with acknowledgment of receipt) received by the advertising agency before the advertisement is placed online does not exonerate the advertiser from making the payment in full.
5.4 Upon signing the Purchase Order, the advertiser accepts the following terms of payment a) A deposit by cheque or bank transfer on the order date b) A cheque or transfer for the full amount under the payment conditions set out in the purchase order.
5.5 In accordance with Articles 441-6 c. com. and D. 441-5 c. com., in the case of delayed payment, from the 31st day onwards, the debtor shall ipso jure be liable to pay a fixed penalty for recovery costs of forty (40) euros, without prejudice to any other right or remedy available to the creditor. The legal interest rate for the late payment penalties in the 2nd half of 2016 is set at 0.93% plus 10 percentage points (Late payment penalties = amount due (incl. tax) X annual int. rate X (number of days late / 365).
This Purchase Order may be cancelled without further notice by the advertising agency or publisher in the following cases:
6.1 Removal of the url by the advertiser before the end of the term.
6.2 Non-payment or cessation of activity by the advertiser.
6.3 Inappropriate redirection not concerning the advertiser.
6.4 Legal restrictions on advertising concerning the advertiser.
7.1 Neither the agency nor the publisher may be held responsible for losses in the following cases: technical malfunction caused by the web user, and interruption of the service by the advertiser, voluntary or otherwise.
7.2 Neither the agency nor the publisher may be held responsible for losses linked to the use of the Internet network, in particular: Interruption of the service by the internet service provider (ISP), intrusions or computer viruses, diversion of links or forced redirection by a third party, etc. or cases of force majeure.
7.3 By technical necessity, the publisher reserves the right to put lelavandou.eu and/or associated domains in maintenance mode when carrying out any update work, in order to guarantee the proper operation of the aforesaid site. The consequences of these interruptions do not provide grounds for any compensation, exemption from payment or discounts.
7.4 This Purchase Order in no way constitutes search engine optimisation or indexing of the advertiser’s pages, which remain the advertiser’s responsibility.
8.1 In accordance with European laws on information technology, file and electronic document signatures are provided as evidence equivalent to written documents in paper format. E-mails may be considered proof of final order validation.
8.2 The computerized files are kept in the storage systems of the publisher or its delegates, in conditions that ensure their integrity and provide proof of the communications, orders and payments made by the advertiser.
8.3 The advertiser agrees to present as a minimum one advertisement or link in one of the languages used on the lelavandou.eu site and/or associated domains and/or tourist publications, which will be used by default in all language versions of the publications.
8.4 These conditions were originally written in English and translated into several languages. In the case of a conflict in the meaning of certain terms between the different versions, the English text will prevail for interpretation purposes.
9- Applicable law and jurisdiction.
9.1 Tao Media may delegate all or some commercial and/or collection activities to authorised third parties under the jurisdiction of the advertiser. This Purchase Order is freely transferable by Tao Media as part of the proper implementation of this contract.
9.2 In the case of a dispute, emergency or protective proceedings, resulting from or relating to this Purchase Order, and in the absence of an amicable agreement between the parties, only the courts in Tao Media’s area of jurisdiction shall be deemed competent, even in cases of multiple defendants.