Buy-in-France.com
Terms & Conditions of Trading
1. All Advertisements accepted for publication on Buy-in-France.com by RIF Property Services Limited ('RPS') in any of its online publications are accepted subject to these terms and conditions. Any other conditions proposed by the customer placing the advertisement ( the Buyer ) shall be void unless accepted by RPS in writing.
2. In these conditions:
Advertiser means the person whose property, goods or services are advertised.
Advertisement means a directory listing or display, recruitment, online, email, mail order, personals and classified advertising and shall include inserts, supplements and re-directed advertisements;
Buyer means the person placing the order for the insertion of the Advertisement;
Medium means the print or online publication taking the booking.
3. All Advertisements are accepted subject to space being available in the Medium.
4. RPS reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
5. These conditions and all other express terms of the contract between RPS and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
Buyer to contract as Principal
6. The Buyer warrants that the Buyer contracts with RPS as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with RPS.
Delivery and Ownership of materials
7. Copy must conform to RPS's requirements and RPS reserves the right to charge for any additional work involved in amending the copy of the Advertisement to conform to its requirements.
8. Any intellectual property rights in designs prepared by RPS shall remain the property of RPS and Advertisements including such designs may not be reproduced without RPS's consent.
Booking procedures
9. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to RPS on request.
Prices and Payment terms
10. Prices published by RPS from time to time are subject to revision at any time and orders are accepted on the condition that the price binds RPS only in respect of the period specified in the applicable rate card.
11. Series discounts apply only to orders placed in advance and completed within the agreed period. RPS reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 23, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
12. Prices are subject to applicable Value Added Tax.
13. Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In Default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the Barclays Bank Minimum Lending Rate.
Limitations on RPS's Liability
14. Except to the extent specified in paragraph 15, RPS shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of a printing error or omission caused by RPS, which detracts materially from the Advertisement, RPS will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission.
15. The total liability of RPS to the Buyer for any act or omission of RPS, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to RPS for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, RPS shall not be liable for any loss of profits or business or for indirect or consequential loss. RPS accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
16. RPS accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or suspension
17. Cancellation or suspension of an Advertisement by the Buyer must be received in writing by RPS within the period specified by the appropriate Medium. Periods for acceptance of cancellation or suspension vary in accordance with differing production requirements.
18. RPS reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or Default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyer's Warranties and Indemnities
19. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Race Relations Act 1976, the Sex Discrimination Act 1976 (both as amended), the Disability Discrimination Act 1995 and the Obscene Publications Act and also including any legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
20. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
21. The Buyer will indemnify and hold harmless RPS from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. RPS reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make RPS or the Advertiser liable to any complaint, claim or proceedings.
22. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold RPS harmless accordingly.
Internet/Online Advertising
23. The Buyer must deliver complete creative content to RPS at least 2 working days before 9am on the go-live date in a format which complies with RPS's online ad formats for such content. To cancel or alter an order the Buyer must inform RPS by e-mail or fax to the number or address on the order, at least 2 working days before 9am on the go-live date Otherwise, RPS may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
24. If the Buyer is supplying creative content in the form of a redirected advertisement the Buyer must inform RPS by email at least one working day prior to go-live date or change of creative of all the creative to be used in rotations and before creative content is changed following the go-live date.
25. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. RPS may remove any Advertisement which contains content or links to a site which, in RPS's opinion, is defamatory or objectionable or will bring RPS into disrepute. The Buyer will indemnify RPS from and against any claims or liability arising from links contained in an Advertisement.
26. If RPS receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
27. Where an Advertisement is sold on a cpm basis, RPS will provide the Buyer with a password to enable it to monitor the number of impressions served in lieu of any other right of audit. The Buyer may not use the password, or the system to which it gives access, for any other purpose.
28. The Buyer's sole remedy if RPS, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither RPS nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
Refund Policy
29. We do not offer refunds for any scheme memberships, payment plans, directory listings or classified advertisements placed online with BuyaHolidayHouse.com by the Buyer.
Job Recruitment Advertising
30. Any Buyer or Advertiser who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
Suitability
31. Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to an Advertisement and to indemnify RPS from and against any claim brought by an individual against RPS arising from a breach of this obligation or any other of these terms and conditions.
32. RPS does not guarantee any response to Advertisements or that responses will be from individuals suitable for the advertised service. It is the Advertiser's responsibility to carry out such checks and procedures as are necessary to ensure that persons responding to their Advertisements are suitable and trustworthy tenants. RPS accepts no responsibility for any loss whatsoever resulting from damage caused by any third party to an Advertiser's property.
