{"id":442,"date":"2023-12-14T14:00:21","date_gmt":"2023-12-14T13:00:21","guid":{"rendered":"https:\/\/plandutouriste.eu\/?page_id=442"},"modified":"2023-12-14T14:06:29","modified_gmt":"2023-12-14T13:06:29","slug":"conditions-generales-de-vente","status":"publish","type":"page","link":"https:\/\/www.plandutouriste.eu\/en\/conditions-generales-de-vente\/","title":{"rendered":"General Conditions of Sale"},"content":{"rendered":"<div class=\"wp-block-group alignwide has-small-font-size has-global-padding is-layout-constrained wp-container-core-group-is-layout-8cce52f6 wp-block-group-is-layout-constrained\" style=\"margin-top:0;margin-bottom:0;padding-top:0;padding-right:0;padding-bottom:0;padding-left:0\">\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/www.plandutouriste.eu\/images\/_pub\/CGV_2019.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">(Download the GTC Pdf)<\/a><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These general conditions of sale are applicable to the insertion of Advertising Messages in the PlanDuTouriste published by Aprime, Limited Liability Company, RCS Strasbourg APE 1813Z \u2013 SIRET 508 786 563 00017, having its registered office at No 10 Place du Temple-Neuf, 67000 Strasbourg, tel. 03 88 16 35 42 and on the website www.plandutouriste.eu.<\/p>\n\n\n\n<h5 class=\"wp-block-heading alignwide\">1-OBJECT \u2013 ACCEPTANCE<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>1.1 These General Terms and Conditions govern the sale by Aprime and the purchase by Advertisers or their agents of Advertising Spaces in the PlanDuTouriste, published by Aprime.<\/li>\n\n\n\n<li>1.2 These General Terms and Conditions shall prevail over any agreement or provision to the contrary, including, in particular, the General Terms and Conditions of Purchase of the Advertiser or its Agent. They cancel and replace the general conditions that may have governed previous relations between the Parties.<\/li>\n\n\n\n<li>1.3 The signature of the Advertising Order by the Advertiser or its authorised representative shall signify its adherence to these General Conditions.<\/li>\n\n\n\n<li>1.4 Aprime reserves the right to modify, at any time, the content of these General Terms and Conditions. Such changes result in a new version being edited, which will then apply to subsequent publicity orders.<\/li>\n\n\n\n<li>1.5 THE ANNOUNCER AND ITS MANDATE RECOGNIZE THAT THEY HAVE READ THESE GENERAL CONDITIONS AND THAT THEY PERFECTLY INCLUDE THE CONTENT AND ACCEPT THE TERMS AND CONDITIONS OF THESE CONDITIONS.<\/li>\n\n\n\n<li>In order to be enforceable against Aprime, any addition, deletion, modification or modification made to the order of Insertion or these \u2018GTCs\u2019 must be countersigned by Aprime.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading alignwide\">2- DEFINITIONS<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>\u2018Advertiser\u2019 means the advertiser wishing to purchase an Advertising Space from Aprime.<\/li>\n\n\n\n<li>\u2018General terms and conditions\u2019 means these general terms and conditions of sale, including any amendments and additions that Aprime may make to them.<\/li>\n\n\n\n<li>\u2018Advertising Space\u2019 means a location in the PlanDuTouriste, or on the Website, reserved for the insertion of an advertising message.<\/li>\n\n\n\n<li>\u2018Tariff Schedule\u2019 means the tariff schedule published by Aprime and in force at the time of the Advertising Order placed by the Advertiser or its Agent.<\/li>\n\n\n\n<li>\u2018Authority\u2019 means an intermediary duly authorised, under a mandate contract binding him to an Advertiser, to purchase Advertising Space in the name and on behalf of an Advertiser. Aprime may require that the mandate contract be communicated to it before the acceptance of a publicity order.<\/li>\n\n\n\n<li>\u2018Advertising message\u2019 means a message of an advertising, promotional or informative nature which the Advertiser or his authorised representative requests to be inserted under an Advertising Order.<\/li>\n\n\n\n<li>\u2018Advertising Order\u2019 means the order placed by the Advertiser for the insertion of an Advertising Message. The Advertising Order shall be evidenced by the signature of the Advertiser or his authorised representative of an insertion order, in writing.<\/li>\n\n\n\n<li>\u201cParty(s)\u201d means Aprime, and\/or the Advertiser.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">3- OBLIGATIONS OF THE ADVISOR<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>3.1 The Advertiser is fully responsible for the Advertising Messages \u2013 and their content \u2013 which it requests to be included in an Advertising Space purchased from Aprime, whether these messages are institutional, commercial, informative or of any other nature. Messages that may cause confusion between advertising and editorial should be submitted to Aprime for approval.<\/li>\n\n\n\n<li>3.2 In this respect, the Advertiser guarantees and will hold Aprime harmless against any action by third parties, including any public or administrative authority, based on the insertion of an Advertising Message which contravenes the legislation in force or which infringes public order, morality or the moral, religious, cultural and political convictions of the public, as well as the editorial line set by the publisher or its interests.<\/li>\n\n\n\n<li>3.3 The Advertiser or its authorised representative undertakes to draw up the Advertising Messages in accordance with the technical requirements defined and communicated in the annex to these GTC by Aprime, which has no obligation with regard to advertising messages which do not comply with those technical requirements.<\/li>\n\n\n\n<li>3.4 The advertiser is financially and legally liable for the payment of all fees and for obtaining the necessary authorisations for the publication of any advertisement.<\/li>\n\n\n\n<li>3.5 The Advertiser or its authorised representative undertakes to communicate to Aprime all the technical information necessary for the insertion of the Advertising Message within the time limits specified in the Advertising Order or otherwise communicated by Aprime. In case of non-compliance with these deadlines by the Advertiser, Aprime will not incur any liability.<\/li>\n\n\n\n<li>3.6 Digital files and other technical documents must be submitted to Aprime within the deadlines for completion. Their delivery out of time will lead to invoicing by Aprime, at the normal price even if publication could not have taken place.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">4- PASSATION, REQUIREMENTS, AMENDMENT, CANCELLATION OF PUBLICITY ORDERS<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>4.1 Advertising orders shall be sent in writing (e-mails, faxes or letters) by the Advertiser or his authorised representative on the pre-printed order form for Aprime, containing the estimate sent to them by Aprime. <a href=\"https:\/\/www.plandutouriste.eu\/devenez-annonceur\" target=\"_blank\" rel=\"noreferrer noopener\">(Ask for the 2019 Order Form)<\/a>.<\/li>\n\n\n\n<li>4.2 Any Advertising Order, in accordance with Aprime\u2019s quotation, sent by the Advertiser or its Agent irrevocably binds the Advertiser or its Agent to Aprime.<\/li>\n\n\n\n<li>4.3 Any order containing a specific requirement not defined by the tariffs must be expressly accepted by the publisher.<\/li>\n\n\n\n<li>4.4 <strong>No preferential location can be required<\/strong>, except by opting for the option described in \u00a7 4.5 below. Only Aprime reserves the choice of locations, which is exclusively motivated by graphic and visual condiderations (proximity of the same hues, \u2026 graphic similarities).<\/li>\n\n\n\n<li>4.4.1 Any claim concerning a preferential option shall be null and void and shall not give rise to any proceedings or justify a breach of duty on the part of the Advertiser.<\/li>\n\n\n\n<li>4.5 It is however possible to reserve a preferential location on the grand plan side by ordering Formula C (1 visual 5\u00d75 cm) or Formula D (1 visual 10\u00d75 cm) of the 2019 purchase order <a href=\"https:\/\/www.plandutouriste.eu\/devenez-annonceur\" target=\"_blank\" rel=\"noreferrer noopener\">(Ask for the 2019 Order Form)<\/a>. As the number of such places is limited, the order of arrival and the date of receipt of the order form duly completed and signed will be authentic.<\/li>\n\n\n\n<li>4.5.1 Locations on the large plan side not reserved by a formula C or D of the 2019 purchase order will be offered to partners as a priority on a fair rotation basis.<\/li>\n\n\n\n<li>4.6 Even after the Advertiser or its authorised representative has sent an Advertising Order and in particular when it receives the details of an Advertising Message, Aprime is still entitled to refuse, without incurring liability towards the Advertiser or its authorised representative, any Advertising Message which it considers to be contrary to its editorial policy, to the rules in force, to the rights of third parties or to public order, or which does not comply with the technical requirements, provided, however, that, conversely, its acceptance does not call into question the Advertiser\u2019s obligations set out in Article 3 and that it does not become liable for the content of the Advertising Messages.<\/li>\n\n\n\n<li>4.7 In the event that Aprime refuses to insert an Advertising Message in accordance with Article 4.3 above, it will inform the Advertiser or its Agent of its decision as soon as possible, explaining the reasons for its decision. If no changes can be made to the Advertising Message in question to allow its insertion or if the Advertiser does not wish to make any changes, the corresponding Advertising Order will then be terminated as of right.<\/li>\n\n\n\n<li>4.8 Any request for modification or cancellation of the order must be made in writing to Aprime and will take effect only upon acceptance.<\/li>\n\n\n\n<li>4.9 Cancellation of an advertising order can only be accepted if it occurs at least three weeks before publication.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">5- CONDITIONS FOR DISSEMINATION AND CLAIMS<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>5.1 Any complaint concerning, in particular, the technical aspects of the dissemination of the message must, on pain of inadmissibility, be sent by registered letter with acknowledgement of receipt to Aprime and indicate precisely the complaints complained of. This request must be made within one month of the publication of the advertisement, otherwise it will not be taken into consideration.<\/li>\n\n\n\n<li>5.2 Any complaint concerning the quality of the technical elements may not be admissible where they have been transmitted directly by the advertiser to the printer or an external service provider. Any other complaint, in particular concerning the commercial impact, the editorial or advertising environment of the insertion, may under no circumstances be taken into account.<\/li>\n\n\n\n<li>5.3 Only full compliance with the standards set by Aprime will render Aprime liable in the event of disputes.<\/li>\n\n\n\n<li>5.4 In the case of a grant, the same visual must be used for this new insertion, unless the advertising message displays a dated promotion. Any new distribution must be subject to a new insertion order.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">6- PRICES AND FINANCIAL CONDITIONS<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>6.1 Price: The prices applicable to the purchase of Advertising Space are those mentioned in the Price Schedule. They can be reviewed at any time by Aprime. Any tariff changes will automatically apply on the date indicated on the new tariff schedule in force. The reference tariff shall be expressed in Euros.<\/li>\n\n\n\n<li>6.2 Invoicing: Invoicing will take place upon publication of the Advertising Message defined in the relevant Advertising Order. Invoices shall be sent to the Advertiser with a copy to the Agent.<\/li>\n\n\n\n<li>6.3 Payment terms: Invoices shall be paid by the Advertiser or his authorised representative by draft, cheque or bank transfer within thirty (30) days of the date of the invoice. In any event, the Advertiser shall guarantee all payment obligations entered into by its authorised representative.<br>Taxes will be invoiced to the Advertiser in accordance with the rules applicable at the time of the chargeable event.<\/li>\n\n\n\n<li>6.4 Late payment: Aprime reserves the right to automatically suspend an Advertising Order and therefore its commitments in the event of non-payment of the sums due by the Advertiser or its authorised representative within the time limit set. In such a case, Aprime cannot be held liable for failure to perform its obligations. Penalties for late payment shall automatically be payable to the advertiser on the day following the settlement date on the invoice, without the need for a reminder, in accordance with the provisions of the Commercial Code. The rate applied by the imprest account is three times the Legal Interest Rate.<\/li>\n\n\n\n<li>6.5 Penal clause: If the advertiser\u2019s failure to act makes it necessary to recover a claim or legal action, the customer undertakes to pay, in addition to the principal, interest, costs, expenses and emoluments ordinarily and legally borne by him, an indemnity fixed at 15% the principal amount of the claim, by way of contractual and lump-sum damages. In accordance with articles 441-6 c. com. and D. 441-5 c. com., any delay in payment automatically entails, in addition to late penalties, an obligation for the debtor to pay a flat-rate compensation of \u20ac40 for recovery costs. Additional compensation may be claimed, on the basis of supporting documents, where the recovery costs incurred exceed the amount of the flat-rate compensation.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">7- RESILIATION<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Aprime may terminate an Advertising Order by operation of law if the Advertiser or its authorised representative fails to fulfil its payment obligation, which has not been remedied within thirty (30) days of Aprime sending a registered letter with acknowledgement of receipt.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">8- RESPONSIBILITY<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>8.1 Aprime\u2019s liability is limited to direct material damage suffered by the Advertiser or its Agent and due to Aprime\u2019s fault in the execution of the Advertising Orders. Under no circumstances may Aprime be held liable for any indirect damage suffered by the Advertiser or its Agent or for any commercial damage or commercial disturbance, loss of profit, loss of orders, loss of business, loss of image.<\/li>\n\n\n\n<li>8.2 During the entire duration of a Force Majeure event, Aprime may not under any circumstances be held liable for any failure or delay in the performance of a Publicity Order.<\/li>\n<\/ul>\n\n\n\n<h5 class=\"wp-block-heading\">9- APPLICABLE LAW \u2013 COMPETENT COURT<\/h5>\n\n\n\n<ul class=\"wp-block-list\">\n<li>9.1 These General Terms and Conditions are governed by French law.<\/li>\n\n\n\n<li>9.2 For any dispute relating to the interpretation, execution, termination or cancellation of a Advertising Order, the Parties shall endeavour to reach an amicable agreement.<\/li>\n\n\n\n<li>9.3 The fact that Aprime does not at any time rely on any of these General Terms and Conditions of Sale cannot be interpreted as a waiver to subsequently rely on any of these General Terms and Conditions of Sale.<\/li>\n\n\n\n<li>9.4 Any dispute arising from the validity, interpretation or performance of these general terms and conditions of sale, even in the case of multiple defendants or warranty claims, shall fall within the jurisdiction of the Commercial Court of STRASBOURG.<\/li>\n<\/ul>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>(Download the GTC Pdf) These general conditions of sale are applicable to the insertion of Advertising Messages in the PlanDuTouriste published by Aprime, Limited Liability Company, RCS Strasbourg APE 1813Z \u2013 SIRET 508 786 563 00017, having its registered office at No 10 Place du Temple-Neuf, 67000 Strasbourg, tel. 03 88 16 35 42 and [\u2026]<\/p>","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_vp_format_video_url":"","_vp_image_focal_point":[],"footnotes":""},"class_list":["post-442","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/pages\/442","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/comments?post=442"}],"version-history":[{"count":0,"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/pages\/442\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.plandutouriste.eu\/en\/wp-json\/wp\/v2\/media?parent=442"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}