Edies Consulting owns a website for the transportation and logistics industries. This platform, named talkinteractive, is accessed and used daily by their clients from various sectors (Viticulture, industry, trade, etc.), available at https://talkinteractive2021.tedies.fr/. These general terms and conditions of sale govern the sale of advertising spaces by Edies Consulting. By checking the box "I accept the General Terms and Conditions of Sale" when placing a new order, the Buyer agrees to be bound, without any reservation, by these general terms and conditions of sale, excluding any other documents such as brochures or catalogs issued by Edies Consulting, which are for informational purposes only. No special conditions can prevail over these general terms and conditions of sale unless formally accepted and written by Edies Consulting. With this in mind, the following has been agreed upon:
Buyer: refers to an advertiser interested in purchasing Advertising Spaces. Advertising Spaces: refers to one or more spaces allowing the display of an Advertising Banner. Advertising Banner: mentioned on the Site under the terms "Advertising" or "Ad-Press Release," the Advertising Banner refers to a message or feature with promotional content for a brand, product, or service. This banner links to a webpage of your choice. An Advertising Banner is displayed, subject to availability on the Site, on the following medium:
Site: refers to all pages of Talkinteractive developed by Edies Consulting, including data of various types, notably texts, sounds, still or animated images, videos, databases, intended to be accessed by users of Talkinteractive through either free or paid access at the following address https://talkinteractive2021.tedies.fr/
The purpose of this contract is the sale of Advertising Spaces on the Site, for the benefit of the Buyer, according to the technical and financial terms defined below. Article 3. - Procedure for placing orders
Access to the Site is available via the Internet network 24/7, except in cases of force majeure, events beyond Edies Consulting's control, or due to maintenance operations, updates, or technical improvements, or to evolve its content and/or presentation. For any order, the Buyer is responsible for telecommunication costs related to internet access and the use of the Site.
To place orders for Advertising Spaces on the Site, the Buyer must first create a customer account. Additional information will be requested from the Buyer based on the selected profile:
Upon validation of the account by Edies Consulting, the Buyer will receive their login details by email. These are strictly personal and confidential. The Buyer agrees to provide truthful and accurate information and to inform Edies Consulting of any changes. The Buyer will be solely responsible for any consequences arising from the use of their account, until the account is deactivated.
In case of non-compliance with all or part of these General Terms and Conditions of Sale, Edies Consulting reserves the right to deactivate the Buyer’s account automatically after sending an email that remains without effect for a period of 30 days, without any compensation. In the case of fraud by the Buyer, the account will be deactivated automatically, without notice and without compensation. The same applies if, after verification, the additional information requested from the Buyer is found to be inaccurate.
To place an order, the Buyer must follow the instructions provided on the Site. The Buyer agrees to provide Edies Consulting with Advertising Banners that meet the quality criteria and technical specifications of the media, as described on the Site. If not, Edies Consulting cannot be held responsible for poor reproduction quality of the Advertising Banners on the Site.
Orders must be submitted with a minimum notice of five (5) working days before the publication date of the Advertising Space.
The order will first be summarized, listing the Advertising Spaces ordered by the Buyer. The Buyer then confirms the order by clicking the "validate" icon. These two clicks, along with the authentication procedure, constitute a valid electronic signature.
Edies Consulting does not guarantee any exclusivity to the Buyer when placing an order. The Buyer’s attention is particularly drawn to the fact that other Buyers may, at any time, upload Advertising Banners alongside those of the Buyer in adjacent or contiguous Advertising Spaces during the same period. The Buyer waives any liability action against Edies Consulting due to this lack of exclusivity, which the Buyer fully accepts. Furthermore, the order in which Buyers and all other targets appear in the lists is at the discretion of Edies Consulting. The company reserves the right to change this order at any time without notice.
Once the Advertising Space is validated, Edies Consulting will confirm the reservation by sending an automatic email to the Buyer, summarizing the essential characteristics of the Advertising Spaces and, if applicable, any issues or reservations regarding the order. An order is only considered effective when the relevant payment centers have given their approval.
Payment for orders is made by direct debit once the SEPA form has been completed and returned to Edies Consulting. Any order for Advertising Spaces is only considered effective once the relevant payment centers have given their approval. If the payment is irregular, incomplete, or absent for any reason during the order processing, Edies Consulting reserves the right to block the display of the Advertising Space. The Buyer will be informed by email. Edies Consulting reserves the right to request proof of identity and address from the Buyer. In such cases, the order will only be confirmed upon receipt and validation of the supporting documents. In such an event, the online publication of the Advertising Banners may be delayed due to any delays in the submission and validation of these documents. If these documents are not submitted within 24 hours, Edies Consulting reserves the right to cancel the order and refund the Buyer.
The invoice is issued at the end of each month, once the Advertising Banners are online.
The obligations of the Buyer are mandatory and directly affect Edies Consulting’s ability to fulfill its obligations. In case of total or partial failure to meet these obligations, Edies Consulting's liability cannot be engaged in any way. The Buyer agrees to:
Any total or partial failure to meet the obligations mentioned above will grant Edies Consulting the right to suspend, at any time and without notice, the online publication of Advertising Banners that do not meet the conditions set in Article 4.
Edies Consulting agrees to display the Advertising Banners according to the specifications provided on the Site. Edies Consulting is committed to deploying the necessary resources to ensure the availability, continuity, and quality of the Site and is under an obligation of means. The company will make efforts to maintain 24/7 access to the service, except in cases of force majeure, as described below (Force Majeure), or during maintenance operations, updates, technical improvements, or content and presentation updates. Edies Consulting will, where possible, inform the Buyer in advance of any maintenance or update. The Buyer waives the right to hold Edies Consulting responsible for the operation and management of the Site. Similarly, Edies Consulting cannot be held liable in the case of malfunctions, access issues, or poor usage conditions of the Site due to inadequate equipment, disturbances from the Buyer’s internet provider, network congestion, or any other external reason unrelated to Edies Consulting.
This contract is concluded for the duration selected by the Buyer when placing the order. The contract will automatically renew for an indefinite period unless the Buyer notifies Edies Consulting by email one (1) month before the desired end date. Any month started is fully payable, even if the termination occurs mid-month. Edies Consulting may terminate this contract by registered letter with acknowledgment of receipt at any time in case of a breach by the Buyer of their obligations, after sending a formal notice via registered mail with acknowledgment of receipt, which remains without effect for fifteen (15) days, without prejudice to other rights and actions Edies Consulting may pursue to seek compensation for its damages.
In case of any modification or change in French legislation, the new rules will apply immediately. If such modifications are aimed at prohibiting the display of the Advertising Space, making it impossible to execute the contract, Edies Consulting may interrupt, without compensation, the display of the Advertising Banners by sending a registered letter with acknowledgment of receipt to the Buyer.
The descriptions of the Advertising Space on the Site specify the features included in the price. The prices are quoted in Euros and are exclusive of taxes. The applicable rate is the one at the time of billing. Prices depend on the Buyer’s profile and can be consulted on the site after identification, or directly upon request from Edies Consulting at commerce@edies.fr. Edies Consulting reserves the right to change its prices at any time without notice. These changes will take effect as soon as they are published on the Site, but it is understood that the order of Advertising Spaces will be based on the rates in effect and agreed upon at the time of the transaction. If not, the Buyer is deemed to have accepted these changes by continuing to use the Site. The Buyer is therefore encouraged to check the most recent price version online on the Site.
The Buyer declares that all documents, texts, images, sounds, software, databases, and generally all data or information of any kind inserted into the Advertising Banners submitted to Edies Consulting are the full and entire property of the Buyer, or at least that the Buyer holds the necessary rights to use them by Edies Consulting and to incorporate them into the Advertising Space by Edies Consulting. The Buyer grants Edies Consulting the rights to reproduce, use, adapt, translate, load, and distribute these documents exclusively for publication on the Internet, within one or more Advertising Spaces, on an exclusive basis and for the duration of this contract. The Buyer guarantees Edies Consulting against any third-party claims regarding the ownership of these Advertising Banners and their freedom of use and exploitation. In this regard, the Buyer ensures that Edies Consulting will not be disturbed in any way, notably regarding the use, reproduction, adaptation, translation, loading, distribution, and representation of all or part of the Advertising Banners within the Advertising Spaces submitted by the Buyer. The Buyer agrees to indemnify and hold harmless Edies Consulting from any judgment or ruling made by a final or enforceable court decision that may be issued against Edies Consulting regarding these Advertising Banners provided by the Buyer under this contract. The same applies to any amounts paid by the Buyer in the context of a settlement designed to resolve a dispute amicably concerning the Banners provided by the Buyer under this contract.
The Advertising Banners appear solely under the responsibility of the Buyer, with Edies Consulting being released from any liability. In this regard, the Buyer must be insured for the consequences of their civil liability in relation to the dissemination of the Advertising Banners. The Buyer agrees to indemnify Edies Consulting for any damage suffered and guarantees Edies Consulting against any actions based on these advertisements. Edies Consulting excludes any liability for indirect damages such as loss of earnings, commercial or financial prejudice, claims from third parties, or damages resulting from the Advertising Banners, even if Edies Consulting had been previously notified, as well as damages caused to individuals or property not related to the subject of the contract. Furthermore, Edies Consulting is in no way responsible for any harm suffered by the Buyer due to:
In any case, if Edies Consulting's liability is found to be applicable, the total amount of indemnities that Edies Consulting may be required to pay to the Buyer will not exceed the amount received by Edies Consulting under this contract, regardless of the legal basis for the claim and the procedure used to make it.
The Buyer authorizes Edies Consulting to mention their trade name on a reference list that it may distribute to its prospects.
Edies Consulting may modify these General Terms and Conditions of Sale at any time. The modifications will take effect as soon as they are published on the Site. Buyers are therefore invited to consult the constantly updated version of the General Terms and Conditions of Sale on the Site. Therefore, several options will be available to Buyers:
The responsibility of either party cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or an unforeseen event, caused by the other party, a third party, or external causes such as social conflicts, intervention by civil or military authorities, natural disasters, fires, water damage, interruptions to telecommunications or electrical networks, etc.
Any tolerance by one of the Parties toward the non-execution or imperfect execution by the other party of one or several clauses or obligations of these General Terms and Conditions, whether temporary or permanent, shall not be construed as a waiver, even implicitly, of the rights arising from said clause. If any of the clauses of these General Terms and Conditions is invalidated by a court decision or due to a modification in the law, the parties expressly agree that the other provisions of the contract will remain unaffected and agree to negotiate as soon as possible to find a legally valid clause to replace the invalidated clause.
These General Terms and Conditions are governed by French law. By mutual agreement, the parties agree to grant exclusive jurisdiction to the Commercial Court of Auxerre for any dispute arising from the interpretation, execution, or termination of these General Terms and Conditions.