Version in force as of October 19, 2026. This is a translation: the French version prevails.
This summary does not replace the clauses below.
These general terms and conditions of sale (the "Terms") apply to services provided by JOUR DE CHANCE, a French SAS with share capital of €1,000, whose registered office is at 31 rue Diaz, 92100 Boulogne-Billancourt, France, registered with the Nanterre Trade and Companies Register under number 838 114 619 ("Jour de Chance"), to its business clients (the "Advertiser"). They cover:
They are provided to any Advertiser on request (Article L. 441-1 of the French Commercial Code) and can be consulted at any time on this page.
Each assignment is governed by specific terms: a framework agreement, quote, commercial proposal or media plan approved in writing by the Advertiser (an email is sufficient), together with the signed mandate certificates (the "Specific Terms"). Approval of the Specific Terms constitutes acceptance of these Terms.
In case of conflict, the Specific Terms prevail over these Terms, which in turn prevail over the Advertiser's general purchasing conditions, unless otherwise agreed in writing. The applicable version of these Terms is the one in force on the date the Specific Terms are approved.
3.1 Principle. Jour de Chance buys advertising space, as well as services for the publishing or distribution of printed advertising materials, in the name and on behalf of the Advertiser, as its agent, in accordance with Articles 20 et seq. of French Law No. 93-122 of 29 January 1993 (the "Sapin Law"). The Mandate results from these Terms and the Specific Terms, which notably set its remuneration. The Advertiser also signs a mandate certificate, generally in the SNPTV format, provided to the relevant sellers: media owners, sales houses and providers of publishing or distribution of printed advertising materials (the "Sellers").
3.2 Tasks. Within the limits of the mandate certificate, Jour de Chance negotiates, books and buys the space and services concerned; signs proposals, purchase orders and insertion orders; manages and follows up orders (technical materials, proof of broadcast, make-goods); and checks the Sellers' invoices.
3.3 Commitments. Jour de Chance only commits the Advertiser after written approval of the media plan, the budget and the Seller's terms, and does not exceed the approved budget without further written agreement.
3.4 Sellers' terms. Purchases are subject to the Sellers' general terms and conditions of sale (rates, cancellation, delivery of technical materials, payment), which the Advertiser acknowledges knowing and which Jour de Chance provides on request.
4.1 Direct invoicing. In accordance with Article 20 of the Sapin Law, the Sellers invoice the Advertiser directly, and the Advertiser pays them directly on their terms. Jour de Chance receives no funds for these purchases; it receives copies of the invoices for verification.
4.2 Indemnity. The Advertiser alone owes the amounts due to the Sellers. Should a Seller claim from Jour de Chance payment for a purchase made on the Advertiser's behalf, in particular under a joint liability clause, the Advertiser shall indemnify Jour de Chance and promptly reimburse any amount paid on that basis.
4.3 Transparency. Discounts, price benefits, free space and make-goods granted by the Sellers accrue in full to the Advertiser and appear on the Sellers' invoices. Jour de Chance receives no remuneration or benefit of any kind from the Sellers (Article 21 of the Sapin Law).
4.4 Reporting. Sellers of advertising space report directly to the Advertiser on the conditions of broadcast (Article 23 of the Sapin Law). For digital advertising, including digital out-of-home, Jour de Chance ensures that the Advertiser receives the report required by Decree No. 2017-159 of 9 February 2017. It also provides the signed orders and proof of broadcast, and reports any incident noted and the make-goods obtained.
Jour de Chance may provide, on an accepted quote, Services separate from the Mandate, including: media strategy, recommendations and projections; coordination of technical suppliers (manufacturing, production, affiliate marketing); production or adaptation of creative assets; reporting and studies; consulting on and implementation of marketing tools, automations and artificial intelligence.
6.1 Mandate commission. For the Mandate, the Advertiser pays Jour de Chance a commission equal to a percentage of the net amount, excluding taxes, of the space purchased on its behalf, at the rate set in the Specific Terms. The calculation basis is the price of the space after all discounts, as shown on the insertion orders and the Sellers' invoices. It excludes technical, production, printing and upload costs, as well as taxes, including the French local tax on outdoor advertising (TLPE). For publishing or distribution services for printed advertising materials, Jour de Chance's remuneration is set in the Specific Terms.
6.2 Services. Services are paid on a fixed-fee basis (one-off or monthly) or on a time-spent basis, according to the accepted quote.
6.3 Specific arrangements. Success fees, equity-based remuneration (media for equity) or any other arrangement apply only if provided for in the Specific Terms.
6.4 Expenses. Expenses incurred by Jour de Chance on the Advertiser's behalf are re-invoiced only with its prior written consent, at cost and on presentation of supporting documents.
6.5 Prices. Prices are exclusive of taxes; VAT at the applicable rate is added. For the Mandate, Jour de Chance receives no remuneration other than that paid by the Advertiser.
7.1 Invoicing. Unless otherwise provided in the Specific Terms, the Mandate commission is invoiced at the end of each campaign on the basis of the signed insertion orders or, for campaigns lasting more than one month, monthly in arrears; monthly fixed fees are invoiced at the beginning of each month; other Services according to the schedule in the quote or, failing that, upon delivery. Invoices state the campaign or Service concerned and the calculation basis.
7.2 Payment. Invoices are payable by bank transfer within thirty (30) days of the invoice date. No discount is granted for early payment. Jour de Chance may request a deposit for a first assignment.
7.3 Bank details. Jour de Chance never changes its bank details by email alone. Any such request must be verified by telephone with the Advertiser's usual contact at Jour de Chance before any payment. A payment made to an account that is not Jour de Chance's does not discharge the Advertiser.
7.4 Late payment. Any late payment automatically incurs, without prior reminder, penalties at the rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, as well as a fixed indemnity for recovery costs of forty (40) euros per invoice (Articles L. 441-10 and D. 441-5 of the French Commercial Code). Additional compensation may be claimed, on presentation of evidence, if the recovery costs incurred are higher. If a formal notice has not been complied with within eight (8) days, Jour de Chance may suspend any new booking and any Service until full payment.
7.5 Disputed invoices. Any dispute over an invoice must be raised in writing within fifteen (15) days of receipt. The undisputed portion remains payable on the due date.
Any cancellation, reduction or change to an approved campaign must be notified in writing to Jour de Chance, which forwards it to the Sellers. Cancellation, change or re-production fees charged by the Sellers are borne by the Advertiser. By way of exception to Article 6.1, the Mandate commission is also due on cancellation or change fees invoiced by the Sellers. Services already performed remain payable.
The Advertiser undertakes to:
Jour de Chance performs the Mandate loyally, in the sole interest of the Advertiser and with the care of a diligent professional. It advises the Advertiser on the choice of media, negotiates the best terms and informs it of any event likely to affect a campaign.
Jour de Chance is bound by an obligation of means (obligation de moyens), not an obligation of result. It is not liable for failures of the Sellers (late or missed posting or broadcast, screen failure, refusal to broadcast); it assists the Advertiser in obtaining make-goods or credit notes. Audience and performance figures provided are estimates from the Sellers or research institutes, not commitments by Jour de Chance.
Jour de Chance's total liability is limited to the amount of fees invoiced for the campaign or Service concerned. Indirect damages (loss of revenue, customers or reputation) are excluded. Nothing excludes liability that cannot be excluded by law, in particular in the event of gross negligence or wilful misconduct.
Neither party is liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. Amounts already due remain payable.
The Advertiser's creations, trademarks and data remain its property. Jour de Chance's deliverables (plans, recommendations, reports) may be freely used by the Advertiser for its own needs once paid in full; Jour de Chance retains its methods, tools and templates.
Unless the Advertiser objects in writing, Jour de Chance may mention the Advertiser's name and logo and present the campaigns carried out as commercial references, without disclosing budgets. Any quote attributed to an executive or employee of the Advertiser requires that person's prior written consent.
Each party keeps confidential any non-public information received from the other, including budgets, pricing terms and customer data, throughout the relationship and for three (3) years after it ends, and uses it only for the performance of the Specific Terms.
Where Jour de Chance processes personal data on behalf of the Advertiser (for example, a customer file for a direct mail campaign, or advertising audiences), it acts as a processor within the meaning of Article 28 of the GDPR, on the documented instructions of the Advertiser, which remains the controller. The parties sign the required data processing agreement before any data is transferred. Data relating to the Advertiser's contact persons is processed in accordance with our privacy policy.
In accordance with Article 24 of French Law No. 93-122 of 29 January 1993, Jour de Chance declares that neither it nor its group has any financial link with the sellers referred to in Article 20 of that Law.
One-off assignments end upon completion. Ongoing relationships (recurring mandate, monthly retainer) are entered into for an indefinite term, unless otherwise provided in the Specific Terms: either party may terminate them at any time, by registered letter or by email with acknowledgement of receipt, subject to three (3) months' notice. Campaigns approved before the end of the notice period are completed and give rise to commission.
In the event of a serious breach not remedied within thirty (30) days of formal notice, the other party may terminate as of right. At the end of the relationship, the Advertiser notifies the relevant Sellers of the end of the Mandate and Jour de Chance hands over the documents and access relating to ongoing campaigns.
The parties are independent professionals. Neither may assign its rights and obligations without the other's written consent. Failure to enforce a breach does not constitute a waiver; if a clause is held invalid, the others remain in force. The Specific Terms may be signed electronically (Articles 1366 and 1367 of the French Civil Code). Jour de Chance may amend these Terms at any time; the new version applies to Specific Terms approved after it is published online. The French version of these Terms prevails over any translation.
These Terms and the Specific Terms are governed by French law. The parties shall first seek an amicable solution within thirty (30) days of written notification of the dispute by either of them. Failing that, any dispute falls under the exclusive jurisdiction of the Tribunal des activités économiques de Nanterre (Nanterre Economic Activities Court), or any court succeeding it, notwithstanding multiple defendants or third-party claims. This prior amicable step does not apply to urgent proceedings or to order-for-payment proceedings (injonction de payer).
Jour de Chance · contact@jourdechance.com
