PRINTED ON THE ADVERTISING ORDER FORM

PUBLICATION

Subject as hereinafter provided, the item of advertising designated will appear in the Voucher Book designated (“the Booklet” or “Booklets”) as published by Designamagik, is Spanish registered  (“the publisher”). The (“Advertiser”) being the person, persons, partnership or company who is/have placed an order for advertising or similar in one or any of the Booklets published by the publisher. The Booklets of the Publisher are distributed as detailed by the publisher. The total circulation for each Booklet may vary. The agreement shall not be binding on the Publisher until the same has been accepted and executed for and on behalf of the Publisher at its’ registered office in Spain, agreed to as being the actual place of sale.

CONTENT OF ADVERTISEMENT

The Publisher shall have the right to delete or reject the whole or any part of the item of advertising without prior notice to the Advertiser if so instructed by The Publisher .The Publisher shall have no liability whatsoever to the Advertiser in respect of any such deletion or rejection.

The Publisher shall have the right to reject all or any advertising copy or any item of advertising or any entry in the Booklet and gives no guarantee of any kind whatsoever as to the position in the Booklet of any display advertisement. The Publisher shall have the right to edit, truncate, re-size and concatenate entries in order to get them to fit and gives no guarantee of any kind whatsoever on the final position or layout in the Booklet of any entry or display advertisement.

TERMINATION

The Publisher may where is considers it appropriate, delete or remove any advertisement or refrain from proceeding with any advertisement ordered by the Advertiser if the Advertiser fails to observe any term or condition of this Agreement.

STANDARD TERMS & CONDITIONS

There is no fact or matter, which has not been disclosed by the Advertiser to the Publisher, which renders the information, materials, representations and statements of fact contained in any item of advertising, which the Publisher agrees to publish in the Booklet untrue or misleading, whether before or after the date of execution of any Agreement between the Advertiser and the Publisher. Full disclosure has been made by the Advertiser to the Publisher of all materials, information, representations and statements of fact concerning any item of advertising or other information published or to be published in the Booklet; The Advertiser agrees to notify the Publisher immediately of any alteration in the material, information, representations and statements of fact made by the Advertiser to the Publisher at or prior to entering into this Agreement concerning any item of advertising published or to be published in the Booklet; The wording for any item of advertising is supplied to the Publisher by the Advertiser in good faith and the Advertiser has the legal right to use all names, logos and trademarks included in such wording and artwork.

The Advertiser hereby agrees and undertakes to indemnify the Publisher against all loss and damage whatsoever including specifically but not limited to any award of damages or compensation or other order made by any court or tribunal in favour of the Advertiser or any third party together with all costs and expenses (including all legal costs and expenses arising from breach of the representations and warranties set out herein and without prejudice to the generality of the foregoing, arising from any incorrect, incomplete, untrue or misleading materials, information and/or representations and/or statements of fact made by the Advertiser at or prior to entering into this Agreement and/or contained in or repeated in any item of advertising or other information which the Publisher agrees to publish in the Booklet for and on behalf of the Advertiser.

LIABILITY

All implied conditions and warranties whether statutory, contractual, or otherwise relating to the provision by the Publisher of services under these Terms and Conditions are hereby excluded to the fullest extent permitted by law. The Publisher shall not be liable to the Advertiser for any damages whatsoever resulting from failure to include all or any of the items of advertising referred to herein in the Booklet nor from any errors or omissions or inclusions whatsoever in the advertising printed in the Booklet where such damages would be in excess of the agreed price with the inclusion of such items in the Booklet in which the error or omission occurs. The Publisher shall not be liable to the Advertiser for any loss of profits or any other consequential loss, damage, expenses whatsoever, or howsoever caused. The Publisher shall not be liable to the Advertiser in respect of any failure to carry out any of the Publisher’s obligations hereunder which is attributable to any cause of whatsoever nature, which is outside the Publisher’s reasonable control.

PAYMENT

The Advertiser shall pay to the publisher in accordance with the total price shown on any invoice for the publication of the items of advertising in an issue of the Booklet. The Advertiser shall pay to the Publisher on demand the charges for each item of advertising set out in communication with the Advertiser, on or before the due date stated. 

GENERAL

Publication of the advertisement is based on these Terms and Conditions, which will govern the contract to the exclusion of any other terms, and conditions subject to which the Order Form is executed or purported to be executed by the Advertiser No variation to these Terms and Conditions shall be binding on the Publisher unless agreed in writing between the Advertiser and an authorised representative of the Publisher. The employees and agents of the Publisher are not authorised to make any representations concerning the subject matter of this agreement unless confirmed by the Publisher in writing. On entering into this Agreement, the Advertiser acknowledges that it does not and waives any claim for breach of any such representations, which are not so confirmed. Unless otherwise agreed in writing, this Agreement cancels and supersedes all or any previous agreements between the Advertiser and the Publisher in respect of the items of advertising set out.

No right or remedy herein conferred upon or reserved to the Publisher is exclusive to any other right or remedy herein, by law, or by equity provided or permitted. The Advertiser hereby waives all and any future claims and rights of set off against any payments due hereunder and agrees to pay the charges to the Publisher regardless of any equity, set off or cross claim on the part of the Advertiser against the publisher. No forbearance, indulgence or relaxation on the part of the Publisher shown or granted to the Advertiser in respect of any of the provisions of these terms and Conditions shall in any way affect, diminish, restrict or prejudice the rights or powers of the Publisher under these Terms and Conditions or operate as or be deemed to be a waiver of any breach of the Agreement.

The records and documents (including information in any form) of the Publisher may be created, recorded, stored, maintained, transmitted, reproduced and communicated by any electronic, photographic, computerised or other process.. Where, in pursuance of this Clause, such records or documents are created, recorded, stored, maintained, transmitted, reproduced or communicated by any electronic, photographic, computerised or other process any document or record produced by any such admissible in evidence in any court, tribunal or other forum.  

All orders are subject to these terms and conditions.

Designamagik registered no: X-05910935-G