Sales Conditions
This document was last updated on Thursday 7th July 2011.
Article 1: Introduction
ZIOUM, the People's Advertising Agency, is a service owned and operated by OMNIVUE S.A.R.L. OMNIVUE is a business registered on 23 January 2007 in France for the creation and sale of publicity. S.A.R.L. means "Société à Responsabilité Limitée", the French equivalent of "OMNIVUE Limited". OMNIVUE was set up with a starting capital of 10,000€.
OMNIVUE S.A.R.L.
BP °5
33350 Castillon-la-Bataille
France
FAX: +33 (0)9 57 21 85 48
Company registration number (or "Siren") is: 493 871 784 RCS Libourne.
V.A.T. number: FR 19493.871.78400010
These General Sales Conditions apply exclusively to dealings between OMNIVUE (hereafter known as "Us") and anyone who makes a purchase via the site www.zioum.fr (hereafter known as "You").
Any Web user can become familiar with these General sales conditions on the web site www.zioum.fr (hereafter known as the "Site"). These General Sales Conditions are subject to change; the relevant conditions for your transaction are those which are in vigour on the site on the date that you make your order.
Article 2: Contract
2.1 Conditions for making an Order You declare that you are at least 18 years old you and have the legal right - or you have parental authorization that allows you to make an order on the Site. 2.2 Your Order Once you have made your sales order, we will send you an e-mail confirming it. You have seven working days to change your mind, following the registration of your sales order. You do not need to give your reasons or pay penalties, and we will reimburse your funds.
Article 3: Price
3.1 Group Purchasing of Advertising Space
Group Purchasing in outdoor advertising works as follows: We have set up a group system for purchasing advertising space that lets each client specify how much money they wish to contribute, from 1€. There is no maximum amount. This transaction constitutes the purchase of advertising space and, by this purchase, you become one of our clients.
We pool together all the purchases of advertising space for the designated advertisement, to fund its production and distribution in the real world. Your small (or large) contribution becomes part of a group sales order for advertising space which can unite hundreds even thousands of clients. We call this "social advertising", because the advertising campaigns are defined and co-financed collectively.
Your social advertisements will be printed on high quality, large format materials. They will be placed on outdoor advertising media by professionals working for us under contract. Urban media formats include billboards, bus stops, and tramways. National campaigns are promoted on the outside panels of 35-ton hard-sided trucks that travel on French roads and motorways.
The media format for your advertisement was chosen by the creator of the campaign you are helping finance. Depending on the total sum of funds raised, your social advertisement will be displayed for three months on one or more trucks; or for one or more weeks on an appropriate network of urban media displays.
3.2 The Costs of the Service
In towns and cities, a production unit consists of one week's use of a network of urban media displays. Costs vary depending on the number of displays in the network, and the territory chosen.
For regional and national campaigns, a production unit consists of one truck on the road for three months, decorated on three sides (left, right and back). The all-in cost of producing this unit is fixed at 6,000€. These costs include:
- Production costs: printing, placing and removing the vinyls
- Maintenance costs
- The media support (truck companies)
- Agency costs
- V.A.T. @ 19,6%
The funds are raised by an online marketing initiative, via the social networks. The duration of a campaign can be extended beyond three months by the receipt of additional funds.
3.3 Our Pricing Conditions
The purchase of advertising space in France is regulated by "Sapin's Law" of 29th January 1993, which is part of a more general anti-corruption law. Sapin's Law imposes a principle of transparency, by which the pricing of advertising spaces must be fixed and made available directly to the advertiser(s).
The display costs of our urban media campaigns are determined by our sub-contractor, Clear Channel Outdoor (CBS Outdoor: 75 Rue Rateau, 93120 La Courneuve, France). Pricing indications are available here: Tarifs 2009 ClearChannel or by telephone: 01 48 36 92 53.
The value of a social advert on a truck is calculated by the number of opportunities to see the advert (ODV or "Opportunités de Voir"). Our calculations take into account the average daily number of cars on the roads (distinguishing between A roads, N roads, E roads), the season, and the number of hours each day that a truck is on the roads. The data on Average Daily Traffic is supplied by the French Councils' Equipment Divisions (Directions Départementaux de l'Equipement or DDE) which carry out regular road surveys in France. The ZIOUM trucks typically use national roads or motorways. The general public has between 50,000 and 70,000 opportunities to view an advertisement each day, and over three million viewing opportunities during the three months of a ZIOUM campaign.
Article 4: Payment
Purchases are paid for on Paypal, by bankers card, credit card or a Paypal account.
Article 5: Proofs
We will provide you with the following proofs that your ZIOUM campaign is going ahead as you would wish: ZIOUM will send you by email a "Proof of Placing" which will be a photograph of the media format(s) decorated with your advertisement. This photograph will be accompanied by:
- The dates of the Exhibition Period of your campaign
- The territory covered by your campaign
At the end of each Exhibition Period, ZIOUM will send you a campaign report that confirms the real level of visibility of your advertisement; ZIOUM will let you know of any event that affects the smooth execution of your campaign. If there is any interruption to the Exhibition Period, your campaign will be extended by the length of that interruption, depending on the availability of advertising space. Advertisements may be placed on the trucks up to 7 days before the beginning of the Exhibition Period, depending on the availability of the advertising space used. If there is a major incident beyond our control, such as any kind of strike, atmospheric conditions, social, political or civil unrest, which makes it impossible to place the advertisements on the day planned, then the Exhibition Period will be delayed, and re-booked. You accept that such events are beyond OMNIVUE's responsibility and you will not ask for any kind of damages to be paid.
Article 6: Additional Content
It is not impossible that complementary or competing messages will be present on the same truck on adjacent panels, at the same time or in succession during the same period. OMNIVUE will do all it can to keep conflicting messages separate from one another.
OMNIVUE has the right to add the ZIOUM logo, slogan, Web address and brief description, plus any other information (including promotional offers) related to OMNIVUE or the ZIOUM service, without entailing any objections from you, the advertiser. The space concerned may not take up more than 8% of the total advertising space used.
Article 7: Refunds and Reallocation Policy
All purchases on ZIOUM are definitive. You have the right to change your mind within the seven working days following your sales order. We also give you the right to reallocate your funds under certain circumstances:
7.1 After the marketing of an unsuccessful advertisement
Every social advertisement in the Funding Arena is the subject of an intensive marketing initiative, which lasts six months maximum. If, at the end of this period, your advert has not gathered enough funds to go into production, then either the reach of the advertising circuit will be reduced or you will be invited to reallocate your funds to another social advert on a similar theme. If you decide not to accept any of the alternative campaigns presented to you, then your funds will be refunded.
7.2 After a successful advertisement goes into production
When your social advertisement has gathered enough funds to pay for its production and distribution, then any left-over funds will remain designated to your advert, and a new marketing initiative of the same social advertisement will begin.
Article 8: Guarantees and Responsibility
You will not be held responsible for the content of any ZIOUM social advert, provided that you are not the artist who created the graphic.
We ensure that each ZIOUM social advertisement on the road complies with the professional regulations in vigour. We do this by submitting each social advertisement for review by the French Authority for the Professional Regulation of Advertising (ARPP, 23 rue Auguste Vacquerie 75 116 Paris).
The responsibility that we take for the content of the advertisements is subject to the Terms of Service of the ZIOUM Web Site, to which each ZIOUM member must adhere. In particular, article 1.8, where the creator of a social advertisement guaranties that he or she has the absolute right to authorize its reproduction. If this guarantee proves to be null or false for a particular advertisement, then OMNIVUE will no longer assume responsibility for that social advertisement.
Article 9: Court Cases
Should any conflict require a court of law, then the Bordeaux Tribunal of Commerce is the only competent court that will preside, even in cases where there is more than one defender, or if there is a case of appeal.
If any one of the stipulations in the present contract is found to be null with regard to a rule of law in force, or a judicial decision that is deemed definitive, then it will be considered not written, and will not in any way result in the invalidation of this contract, nor will it alter the validity of the other articles or stipulations.
Article 10: Communication
ZIOUM users are invited to Contact Us with any comments or concerns.
