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SIRET numbers in advertisements


Hereford
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We edit a newsletter for a local association and we include advertisements from our members. These adverts are free.

The disclaimer on the adverts page is as follows:  " The association cannot be held responsible or liable for any loss or damage of any sort incurred through dealings with any advertisers and cannot vouch for the accuracy or legality of any advertisement.  Any contract resulting from an advertisement in this publication is solely between the client and the advertiser."

Our query is that some of our "trade" advertisers, who with one exception are all British, show their SIRET numbers and others do not.  Do forum members think that we should insist on a SIRET number and refuse to accept adverts from those that cannot produce them?  Should non-trade adverts be marked "particulier" (as they seem to be in the local press)?

Our committee could of course make it a policy not to accept adverts without a number but we would be glad to know if anyone knows the legal position.

Thanks in advance

H.

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If you do, you could be making a rod for your own back. By making conditions like that there is an implication that you will only accept advertisements from properly-registered, bona fide businesses. This means that if they fail to measure up then you have, in effect, endorsed them, which reflects badly on you. As a result you have to check each Siret number yourself to make sure that it covers the services advertised (something that is beyond the scope of most of the free checking websites which only give the main activity, or that which was first registered).

I've been through this with a similar local association, and also in discussions about advertisers on a certain chain of regional ex-pat websites where the admins insist all advertisements have Siret numbers and that they check them all, but that is evidently not the case with some advertisers. I am involved in magazine publishing in the day job, by the way.

A much better solution is to publish a disclaimer to say that you accept advertising in good faith, the appearance of an advertisement is not a recommendation, and it is up to individuals to check the registration and insurance details of any advertisers before entering into a contract with them.

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I think Will's advice is spot on.

On a broader issue and more to do with those who have SIRET numbers, there has been a discussion this week on the French www.auto-entrepreneur.fr website about where and when it is obligatory to publish a SIRET number, eg; on flyers, in advertisements etc. I cautioned against this for reasons of privacy and identity fraud - anyone can pinch your SIRET and my feeling is that, like references and my bank account details, I will discuss these with an actual bona fide client (when I have checked him/her out first!), and that my SIRET number is only of concern to the tax and social security people and no-one else.

Re websites and others asking for a SIRET number before allowing you to advertise with them, I find that the online checking systems such as infogreffe simply do not work and cannot be relied on. In my own case I don't appear either under my SIRET number or my own name......

Best regards, P-D de R.

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My husband is a registered artisan and we have also considered the pros and cons of publishing the SIRET no, due to the same concerns as yourself.

Our concern however, as someone primarily selling our services to the ex-pat market, is that if we don't publish the SIRET no, people would assume we are not registered. This would then work against us as people would hesitate to make contact, due to the fear of inadvertently using unregistered artisans.

It would be interesting to hear your thoughts, as when I have raised this elsewhere, it was considered that I was being paranoid about identity/SIRET theft!

Regards

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The disclaimer on the adverts page already says we take no responsibility.  We were just trying to see whether legally  this is enough. We are going to re-word and strengthen our disclaimer but in the meantime are making further enquiries re the law. 

H.

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