Sales Conditions and Policies
GENERAL CONDITIONS OF SALE
1) DEFINITION OF THE PARTIES
This service supply contract is stipulated between the company Sanremo Reti and Media S.r.l. – Piazza Cristoforo Colombo 10 – 18038 Sanremo IM hereinafter simply referred to as RADIO SANREMO and the customer as signatory of the contract or membership form, hereinafter simply referred to as “customer”.
2) EFFECTIVENESS AND PROHIBITION OF ASSIGNMENT OF THE ORDER DEROGATIONS THEREOF
2.1 The order sent via our site immediately and irrevocably binds the customer.
2.3 It cannot be used for the benefit of third parties and is subject to prior written acceptance by RADIO SANREMO.
2.4 Partial execution does not constitute acceptance of the entire order.
2.4 Any exception, in addition to being in writing, must be expressly authorized by RADIO SANREMO.
2.5 Otherwise, the customer remains obliged to the content of this order.
3) ABSENCE OF EXCLUSIVE RIGHTS
3.1 The customer does not have any exclusive rights. And therefore the broadcaster will also be able to broadcast immediately, before or after the client's advertising, advertising for competing companies and/or competing products.
3.2 The customer has no right to use special spaces except in cases to be specifically decided by RADIO SANREMO with the broadcaster.
4) TRANSFER OF COMPANY BY THE CUSTOMER
4.1 In the case of transfer of the company by the customer, the customer undertakes to have the transferee take over the rights and obligations of the orders placed, without prejudice to RADIO SANREMO's right to resolve the commission within 30 days of communication of the transfer.
4.2 The transferor is, however, responsible with the transferee for all obligations assumed, including the fees already accrued.
5) CESSATION OF ACTIVITY BY THE LICENSEE OR ISSUER
5.1 In the event of cessation of activity by RADIO SANREMO and succession of concessions, the broadcaster or the new concessionaire may take over the rights and obligations of the orders placed.
5.2 RADIO SANREMO has the right to resolve commissions within 30 days of cessation of activity or succession.
5.3 In the event of cessation of activity by the issuer, the orders will be considered automatically terminated.
5.4 Payments are due to the customer for the partial execution of the order itself. The customer is only entitled to demand the refund of the sums advanced, net of the costs incurred for advertising not broadcast
6)ACCEPTANCE OF THE ADVERTISING SELF-DISCIPLINE CODE
The customer declares to accept the provisions of the advertising self-discipline code. And therefore, both in the preparation of the advertising material and in the indications provided by the issuer, the same will comply with the aforementioned provisions, obliging itself to accept any decisions from the JURY.
7) DELIVERY OF ADVERTISING MATERIAL FOR NON-COMPLIANCE WITH THE DEADLINE
In the case of advertising material prepared by the client, quotations are not permitted, just as direct or indirect references to the creator and producer of the same are not permitted.
8) PROHIBITION OF QUOTING THE CREATOR AND PRODUCER OF THE ADVERTISING MATERIAL
In the case of advertising material prepared by the client, quotations are not permitted, just as direct or indirect references to the creator and producer of the same are not permitted.
9) USE OF ADVERTISING SPACE
9.1 If the booked advertising space cannot be used due to the client's fault, and/or if the duration of the broadcasts does not entirely cover the space itself, again due to the client's fault, the latter will also be required to pay the agreed fee.
9.2 In the event that the duration of the transmission exceeds the booked space, the customer will owe the proportionately increased fee, without prejudice to RADIOO SANREMO's right not to have the committed message transmitted.
10) REPLACEMENT OF ADVERTISING SPACE
The customer can request that the advertising material prepared by him and already in the process of transmission be replaced by giving precise notice, by registered mail with return receipt, at least 30 days before the date on which the new message must be transmitted and observing the method of referred to in the previous clause n 8.
11) SUSPENSION AND INTERRUPTION OF ADVERTISING BROADCASTS
If due to technical needs of the broadcaster, or due to suspension of activities by the same, or due to the entry into force of new restrictive legal provisions, or to use material prepared by the customer, requests for advertising broadcasts should be suppressed or interrupted , the order will be considered automatically cancelled. The customer may only request the refund of any advance amount without prejudice to the obligation of the expenses incurred for the partial execution of the order itself, thereby expressly renouncing for now and then any refund.
If due to technical needs of the broadcaster, or due to suspension of activities by the same, or due to the entry into force of new restrictive legal provisions, or to use material prepared by the customer, requests for advertising broadcasts should be suppressed or interrupted , the order will be considered automatically cancelled. The customer may only request the return of any amount advanced, without prejudice to the obligation of the costs incurred for the partial execution of the order itself, thereby expressly renouncing for now and then any compensation for damages. RADIO SANREMO and the broadcaster however have the right not to broadcast advertising messages whose content is contrary to the law, public order or morality, the customer remaining obliged to pay.
13) CHANGE OF TRANSMISSION TIMES
For needs related to programming, both RADIO SANREMO and the broadcaster expressly reserve the right to change the days, times and frequency of broadcasts as may be indicated in this document.
14) COMPLAINTS FOR IRREGULARITIES IN TRANSMISSIONS
Any complaint by the customer for the irregularity of the transmission must be made, under penalty of forfeiture, within 30 days of the transmission of the same, by means of a registered letter with return receipt. If the complaint is found to be well founded, the customer can only demand the repetition of the transmission. For the purposes of the dispute, the findings of the issuer will prevail for all purposes.
15) RIGHTS TO ADVERTISING MATERIALS
15.1 RADIO SANREMO retains all rights inherent to the ownership of the advertising material of its product, expressly including the exclusive right to technical use and other economic exploitation.
15.2 In the absence of a written request for return, RADIO SANREMO also has the right to destroy advertising material not produced by it after 90 days from the date on which the last message was transmitted
16) DISCLAIMER OF LIABILITY
16.1 The customer exonerates both RADIO SANREMO and the broadcaster from any liability and/or any third party claims, including tax obligations, deriving from the transmission of the advertising material which is the subject of the orders placed, whether prepared by the customer or the broadcaster on the instructions of the latter.
16.2 The customer undertakes to guarantee and release RADIO SANREMO and the broadcaster from any action in this regard.
17) FEES
17.1 The customer will pay the fee for the service in advance of its activation.
17.2 The prices and conditions of the agreement may vary with market or service provider conditions. The clients will be promptly informed of the changes via e-mail, they will be able to choose to accept them or terminate them upon the following monthly renewal of the contract, exempting RADIO SANREMO from any and all liability.
18) RIGHT OF WITHDRAWAL
The right of withdrawal can be exercised by the consumer:
- for physical goods: within 14 working days of receipt of the goods by the consumer
- for radio commercial services: within 14 working days from the conclusion of the contract (first commercial issue).
In the case of the sale of goods, the consumer must return the goods (at his expense), always within 14 days from the date of sending the communication relating to the withdrawal. An essential condition for exercising the right of withdrawal is the substantial integrity of the goods to be returned. According to the law, the consumer is solely responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods themselves (art. 57 Legislative Decree 206/2005).
The right of withdrawal does not apply:
- to the supply of goods or services whose price is linked to fluctuations in the financial market that Sanremo Reti e Media S.r.l. cannot control and which may occur during the withdrawal period;
- to the supply of tailor-made or clearly personalized goods (such as the creation of an advertising spot);
- to the supply of goods which are likely to deteriorate or expire rapidly;
19) TAXES AND TAXES AND MISCELLANEOUS CHARGES.
Taxes, duties and other present and future charges established by law, depending on the order of accessories and related documents, are the sole responsibility of the customer even if payment has already been made in advance
20) COURT OF JURISDICTION
For any dispute arising or deriving from the application of this contract, the parties conventionally waive jurisdiction in favor of the court of Imperia (IM).
21) EXECUTION OF THE ORDER
21.1 The advertising message included in orders placed through our site must be sent within six months of acceptance by RADIO SANREMO.
21.2 The programming cannot last longer than one year from the start of the broadcast
PERSONAL DATA PROCESSING – LAW N. 196/03