GENERAL CONDITIONS OF SALE – HELIOS INTERNATIONAL
Any order placed with the Editor takes acceptance by the advertiser of the present general conditions of sale and renunciation of its own general conditions of purchases.
1. GENERAL POINTS
Prices and information in the catalogue, brochure and tariffs are given for information only.
2. INTELLECTUAL PROPERTY
The Editor fully keeps all the rights of intellectual property of his projects, studies and documents of all kind, which cannot be communicated nor executed without his written authorization. In case of written communication, they must be restored to him on his first request.
The technology and the know-how, patented or not, incorporated into products or services, as well as all the industrial and intellectual rights of property relative to products and services, stay the exclusive property of the Editor. It is only granted to the advertiser the right to the products non exclusive and non transferable use.
3. TECHNICAL ELEMENTS
Texts and digital files must be supplied by the advertiser within two weeks following the delivery of its advertising order. The fact that texts or pictures had not been returned to the editor during the required period does not imply the right of the advertiser to cancel its contract. As a consequence, the publisher reserves the right to mention, only in the reserved place, the name and the address of the advertiser. The fact of not supplying the text or the digital file to be inserted or not to indicate at the appropriate time the corrections or the modifications does not justify either a cancellation, or a reduction in price. The digital files are to be paid by the advertiser. In the case that they are not paid by the advertiser, they will be charged to him in the conditions of the photoengravers’ trade-union price list. All our drawings and models stay our exclusive property and cannot on any account be put to another use without our authorization.
The print for the "press-proof " will be submitted to the advertiser who have made the demand at the time of subscription. This proof must be returned, signed by the advertiser as soon as possible. In case of no return within two weeks, it will be considered as accepted. The advertiser has the right to make modifications to advertisements. These modifications must be indicated to the Editor before printing. For any later modifications asked before printing, the expenses entailed of printing and photo-engraving will be charged to the advertiser.
5. WORDING OF ADVERT
The Editor leaves to the advertiser the full and whole civil and judicial liability for the content of his advertisements. The Editor always reserves the right to deny any advertisements, even paid ones, without having to indicate the reasons of his refusal, except for reimbursements.
In case of delay advertising orders maintain their validity, regardless of the cause or duration of the delay.
7. ERRORS OR OMISSIONS
The Editor takes no responsibility in regards to errors or omissions that may occur in the printing of the Directory. . All advertisements which have been omitted will be fully reimbursed. An advertisement containing errors cannot imply the cancellation of the contract, whose total will be reduced in proportion to the price. Errors or omissions in documents cannot involve in any circumstance the editor, and be given as a reason for the advertiser to change or cancel the contract. Any errors made in carrying out a part of the advertisement does not give the right to compensation and cannot be used to cancel payment.
8. BUSINESS SALE OR TRANSFER
In case of the company being sold, a trade name modification or firm status change, the contract signer commits himself to the agreement by its successor or by the new firm. Any breach of contract will involve the personal responsibility of the signer.
9. CONDITIONS OF PAYMENT
The contract sets the terms of payment. The advertiser cannot claim non reception of of an invoice to refuse or postpone the payment of the regularly inserted advertising. This justification can be made in the Editor’s Head Office.
The invoice mentions the date when the payment must be done as well as the late payment charge payable the day after the date of settlement written on the invoice.
The payment is considered made on the date in which money is put by the advertiser at the disposal of the editor.
10. ADVERTISING CONTRACTS
The advertising contracts are valid only under acceptance of the Editor. They cannot be suspended, nor cancelled, nor modified except under special arrangements with the Editor. The current contract, with regards to cancellation, is strictly administered under article 1184 of the Civil Code and enforced in article 1794 of that same Code.
Any new taxes which could be added to the advertisement will be charged to the advertiser.
If mutual agreement cannot be reached, it is of express agreement that any dispute concerning the contract will be the exclusive reserve of the Court at the place of residence of the Editor.
The acceptance of the present contract also implies agreement the conditions mentioned above.
We accept no clauses or contrary claims.