CONDITIONS OF SALE AND PAYMENT.
1. The placing of all advertising orders implies acceptance of our conditions of sale and payment.
2. The cancellation of an advertising order will not be accepted unless it is notified no less than 3 months prior to publication or 6 months in the case of orders for the back cover, inside front cover (or second spread of magazine), centre spread or opening spread.
3. Advertisements are published at the advertisers’ risk. The publisher reserves the right to refuse, at any time, an advertisement which, by its nature, text or presentation, would appear to be contrary to the spirit of the publication or likely to provoke objections from its readers or from third parties.
Advertising rates are expressed in the currency elected by the publishers. For publishers located in the Member States of the European Economic and Monetary Union, such rates may, at the election of a publisher and/or the advertiser, be expressed in Euros.
Our rates are exclusive of taxes; the advertiser pays all existing taxes and all new taxes.
Positioning cannot be guaranteed without the payment of a surcharge. Lagardère Global Advertising (LGA) is only bound by those positionings mentioned in its acceptance of an advertising order.
LGA reserves the right, by 4 weeks prior notice, to modify the advertising rates in force, even for those advertising orders being processed at such time.
Discounts must comply with the scales specified in the rate card for the particular magazine invoiced.
VI. A professional discount, calculated on the net rate, namely, the gross rate after deduction of all discounts, shall be applied to all invoices relating to advertising orders processed within the context of an agency agreement, as defined in Article VIII. Details of the amount of discount applied are set forth on the front of this page
VII. The advertiser is, in all respects, responsible for the payment of the advertising orders in accordance with the conditions specified in the rate card. Notwithstanding the foregoing, the advertising agent who places an order also acts in its own name and is, in this respect, severally liable for the payment of such advertising order.
VIII. If the advertising order is placed within the context of an agency agreement, LGA must be provided with a certificate confirming the existence of the agency agreement between the advertiser and its agent, which agreement must be for an unlimited duration until terminated by the advertiser.
In the context of an agency agreement, the original invoice will be sent to the advertiser and a duplicate will be sent to the agent.
An agent is considered to be an intermediary duly mandated by an advertiser to purchase advertising space in a magazine on its behalf.
IX. All claims must be made in writing within one week following the date of publication of an advertisement to LGA Sales Administration 23 rue Baudin 92300 Levallois - France.
X. Payments must be made 60 days end of the month from the last day of the month in which the advertisement is published, by bank transfer and to such accounts as stated in the relevant invoice therefore.
XI. In the event of any delay in payment, then all outstanding advertising orders may be suspended and penalty interest shall accrue on the unpaid amount from the due date of payment set forth in the relevant invoice therefore until the date of payment thereof, at a rate equal to three times the legal interest rate in force. Such a penalty interest shall be due and payable upon receipt of a demand for payment of it pursuant to a decision of LGA to claim such a penalty interest.
XII. Without prejudice to article XI, it is expressly agreed that, unless LGA agrees upon a request duly made, to postpone any fixed date for payment, in the event of any failure to pay an invoice on its due date for payment, then:
1. All outstanding sums invoiced in respect of all advertising orders placed by the defaulting advertiser shall become immediately due and payable, irrespective of the means of payment agreed upon; and
2. An indemnity equal to 15% of all sums due in respect of each advertising order placed by the defaulting advertiser, except for interest and legal costs, if any, shall become due and payable.
XIII. It is expressly agreed between the parties that the Tribunal de Commerce of Nanterre shall have exclusive jurisdiction in respect of any dispute, which may arise out of or in connection with this Agreement.