Our Terms and Conditions
1. “Advertisement Order” in the sense of the following General Terms and Conditions is the contract for the publication of one or more advertisements of an advertiser or other advertiser in a publication for the purpose of dissemination.
2. In case of doubt, advertisements are to be called for publication within one year after conclusion of the contract. If the right to retrieve individual advertisements has been granted in the context of a contract, the contract must be completed within one year of the publication of the first advertisement, provided that the first advertisement is called and published within the period specified in sentence 1.
3. In the case of contracts, the client is entitled to call up further advertisements within the agreed or specified time limit in addition to the amount of advertising specified in the order.
4. If an order is not fulfilled due to circumstances for which the publisher is not responsible, then the client, without prejudice to any further legal obligations, must reimburse the publisher for the difference between the discount granted and the actual acceptance. The reimbursement shall cease if the non-performance is due to force majeure in the risk area of the publisher.
5 .When the purchase quantities are calculated, text millimeter lines are converted into display millimeters according to the price.
6. Orders for advertisements and third-party inserts, which are supposed to be published only in specific numbers, specific editions or at certain places in the publication, must be received by the publisher in good time so that the client can be informed before the advertisement deadline if the order is made in this way can not be performed. Classified advertisements are printed in the respective category without the express agreement being required.
7. Text-to-text ads are ads that border the text with at least three pages and not other ads. Advertisements that are not recognizable as advertisements due to their editorial design will be clearly marked as such by the publisher with the word “advertisement”.
8. The publisher reserves the right to refuse advertising orders – including individual releases within the framework of a contract – and insert orders because of their content, origin or technical form according to uniform, factually justified principles of the publisher, if their content violates laws or official regulations or whose publication is unreasonable for the publisher. This also applies to orders placed with branches, collection points or agents. Insert orders are binding for the publisher only after presentation of a sample of the supplement and its approval. Inserts which, by their format or presentation, give the reader the impression that they are part of the newspaper or magazine or contain third-party advertisements will not be accepted. The rejection of an order will be communicated to the client immediately.
9. The customer is responsible for the timely delivery of the advertising text and perfect printing documents or supplements. For recognizable unsuitable or damaged printing documents, the publisher demands replacement immediately. The publisher guarantees the print quality usual for the title in the context of the possibilities given by the printing documents.
10. In the case of completely or partially illegible, incorrect or incomplete printing of the advertisement, the customer is entitled to a reduction in payment or a flawless replacement advertisement, but only to the extent to which the purpose of the advertisement was impaired. If the publisher allows a reasonable deadline set for this purpose to elapse, or if the replacement advertisement is again not flawless, the customer has a right to a reduction in payment or cancellation of the order. Complaints must – except for non-obvious defects – be made within four weeks after receipt of invoice and receipt.
Under the terms of this agreement, the publisher is liable for damages of the customer which (1) the publisher or its legal representatives or vicarious agents caused intentionally or grossly negligently, (2) through the violation of an obligation by the publisher responsible for the (3) if these claims result from the Product Liability Act, if (4) in the case of purchase or service contracts the publisher has assumed a guarantee for the condition of the item or has fraudulently misled it or from injury to life, limb or health that is due to a breach of duty by the publisher or one of its legal representatives or vicarious agents.
The publisher is fully liable for damages caused intentionally or through gross negligence or in the event of injury to the body, life or health. Otherwise, the claim for damages shall be limited to the foreseeable damage typical for the contract, in case of default to 5% of the order value. Liability under the Product Liability Act remains unaffected.
In cases other than those mentioned in this paragraph 10, the liability of the publisher is excluded irrespective of the legal grounds.
11. Proofs will be delivered only upon express request. The client bears the responsibility for the correctness of the returned proofs. The publisher takes into account all corrections of errors that are communicated to him within the deadline set when sending the proof.
12. If no special size specifications are given, the actual impression height customary for the type of advertisement shall be used as the basis for the calculation.
13. If the client does not pay in advance, the invoice will be sent immediately, if possible 14 days after publication of the advertisement. The invoice must be paid within the time limit specified in the price list from receipt of the invoice, unless a different payment period or advance payment has been agreed in the individual case. Any discounts for early payment will be granted according to the price list.
14. In the event of late payment or deferral, interest and collection costs will be charged. In the event of late payment, the publisher can postpone the further execution of the current order until payment and demand advance payment for the remaining advertisements. In the case of justified doubts as to the solvency of the client, the publisher is entitled to make further advertisements dependent on the prepayment of the amount and on the settlement of open invoices, even during the term of an advertisement.
15. If requested, the publisher will provide an ad document with the invoice. Depending on the type and size of the advertising order, ad sections, document pages or complete document numbers will be delivered. If a receipt can no longer be procured, it will be replaced by a legally binding certificate from the publisher concerning the publication and distribution of the advertisement.
16. Costs for the production of ordered printing blocks, masters and drawings as well as for significant changes in the originally agreed designs desired or to be represented by the customer shall be borne by the client.
17. In the case of number advertisements, the publisher shall use the care of a prudent businessman for the safekeeping and timely transfer of the offers. Registered letters and express letters on numbered advertisements will only be forwarded by regular mail. The replies to keyed advertisements will be kept for four weeks. Communications that have not been picked up within this deadline will be destroyed. Valuable documents are returned by the publisher without being obliged to do so. “The publisher can be given individual contracts as a representative the right to open the incoming offers instead of and in the declared interest of the client. Letters that exceed the permissible DIN A 4 format (weight 250 g) as well as goods, books, catalogs and parcels are excluded from forwarding and will not be accepted. However, acceptance and forwarding can be exceptionally agreed in the event that the client accepts the resulting fees / costs. ”
18. Matern will only be returned to the client upon special request. The obligation to store ends three months after the end of the order.
19. Place of performance is the registered office of the publisher. In business dealings with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action is the registered office of the publisher. Insofar as claims of the publisher are not asserted in the dunning procedure, the place of jurisdiction for non-merchants is determined by their domicile. If the domicile or habitual residence of the client, even with non-merchants, is unknown at the time of filing the action or the client has moved his domicile or habitual residence out of the scope of the law after conclusion of the contract, the place of jurisdiction is the registered office of the publisher.
Additional terms and conditions of the publisher
a) The Client undertakes to bear the costs of publishing a counter-notification relating to actual allegations of the published advertisement, in accordance with the applicable advertising tariff. This only applies in the event that the publisher is obliged to print the counter-notification.
b) The client bears the responsibility for the content and the legal admissibility of the text and picture documents made available for the insertion. The customer is responsible for indemnifying the publisher against claims of third parties which accrue to the publisher from the execution of the order. The publisher examines orders and advertisements only with regard to obvious legal violations, but not as to whether they otherwise impair the rights of third parties. The client also indemnifies the publisher against all claims arising from copyright infringement.
c) Cancellations must be made in writing. If an advertisement is canceled, the publisher may charge the resulting rate.
d) In the case of advertisement orders placed by telephone, changes to dates and issues, text corrections and cancellations, the publisher assumes no liability for transmission errors.
e) Claims for faulty repeat advertisements are excluded if the client had the opportunity to point out the error before printing the next advertisement. The remuneration claim of the publisher remains unaffected.
f) If the client has received fewer advertisements within a year than he is entitled to after his advance payment, he is entitled to a reduction of the fee to the extent that corresponds to the value of the unsolicited advertisements, if this had previously been agreed. The entitlement to a reduction of the fee expires if it is not asserted within one month of the end of the one-year period.
g) A peer discount of 10% on the base price is only granted for direct insertion orders.
h) The publisher reserves the right to set special prices for advertisements in publisher’s supplements, special publications and specials / special issues.
i) The advertising intermediaries and advertising agencies are obliged to adhere to the price list of the publisher in their offers, contracts and settlements with the client. The averaging fee granted by the publisher may not be passed on in full or in part to the client.
As of March 2006