Terms and Conditions (T&C)
- “Advertisement order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements from an advertiser or other advertiser in a printed publication or in an electronic medium for the purpose of distribution.
- In case of doubt, advertisements must be called up for publication within one year of the conclusion of the contract. If the right to call up individual advertisements is granted as part of a contract, the order must be processed within one year of the appearance of the first advertisement, provided that the first advertisement is called up and published within the period specified in sentence 1.
- In the case of contracts, the client is entitled to call up further advertisements within the agreed period or the period specified in Section 2, even beyond the number of advertisements specified in the order.
- If an order is not fulfilled due to circumstances for which the publisher is not responsible, the customer must, without prejudice to any further legal obligations, reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual purchase. There will be no reimbursement if the non-performance is due to force majeure in the publisher’s risk area.
- Orders for advertisements and third-party supplements that are declared to be published exclusively in specific numbers, specific issues or in specific places in the publication must be received by the publisher in good time so that the customer can be informed before the advertising deadline if the order cannot be carried out in this way is. Classified advertisements are printed in the respective section without this requiring an express agreement.
- Text part ads are ads that border on at least three sides of the text and not on other ads. Advertisements that are not recognizable as advertisements due to their editorial design are clearly marked as such by the publisher with the word “advertisement”.
- The publisher reserves the right to reject advertising orders – including individual calls within the framework of a contract – and insert orders because of the content, origin or technical form in accordance with the publisher’s uniform, objectively justified principles, if their content violates laws or official regulations or their publication is unreasonable for the publisher. This also applies to orders that are placed with offices, acceptance points or representatives. Insert orders are only binding for the publisher after submission of a sample of the insert and its approval. Inserts that give the reader the impression of being part of the newspaper or magazine due to their format or presentation or that contain third-party advertisements will not be accepted. The rejection of an order will be communicated to the client immediately.
- The client is responsible for the timely delivery of the advertisement text and flawless print documents or inserts. The publisher will immediately request a replacement for clearly unsuitable or damaged print documents. The publisher guarantees the usual print or media quality for the title in question within the scope of the possibilities given by the print documents.
- If the advertisement is printed completely or partially illegibly, incorrectly or incompletely, the client is entitled to a reduction in payment or a flawless replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. If the publisher allows a reasonable period of time to elapse or if the replacement advertisement is again faulty, the customer has the right to a reduction in payment or to cancel the order. Claims for damages from positive breach of contract, culpa in contrahendo and tort are excluded – even if the order is placed by telephone. Claims for damages due to impossibility of performance and delay are limited to compensation for the foreseeable damage and to the fee to be paid for the advertisement or supplement in question. This does not apply to intent or gross negligence on the part of the publisher, his legal representative and his vicarious agent. Liability of the publisher for damages due to the lack of promised properties remains unaffected. In commercial business transactions, the publisher is also not liable for gross negligence on the part of vicarious agents: in other cases, liability for gross negligence towards merchants is limited to the foreseeable damage up to the amount of the relevant advertising fee. Except in the case of non-obvious defects, complaints must be made within four weeks of receipt of the invoice and receipt.
- Proofs will only be supplied upon express request. The client is responsible for the correctness of the proofs sent. The publisher takes into account all error corrections that are communicated to him within the deadline set when sending the proof.
- If there are no special size specifications, the calculation will be based on the usual, actual print height for the type of advertisement.
- If the client does not pay in advance, the invoice will be sent immediately, but if possible fourteen days after publication of the advertisement. The invoice is to be paid within the period shown 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.
- In the event of late payment or deferral, interest and collection costs will be charged. In the event of a delay in payment, the publisher can postpone further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. If there are justified doubts as to the solvency of the customer, the publisher is entitled to make the appearance of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, even during the term of an advertisement contract, regardless of an originally agreed payment term.
- Upon request, the publisher will provide proof of the advertisement with the invoice. Depending on the type and scope of the advertising order, ad excerpts, sample pages or full sample numbers will be delivered. If a voucher can no longer be obtained, a legally binding certificate from the publisher regarding the publication and distribution of the advertisement will take its place.
- The customer shall bear the costs for the production of ordered printing blocks, matrices and drawings as well as any significant changes to the originally agreed designs that the customer requests or is responsible for.
- A price reduction can be derived from a reduction in circulation in the case of a contract covering several advertisements if the overall average for the year of insertion beginning with the first advertisement is the average circulation specified in the price list or in some other way or – if a circulation is not specified – the average sold (in the case of trade journals, if applicable, the average actually distributed) circulation of the previous calendar year is fallen short of. A reduction in circulation is only a defect justifying a price reduction if it amounts to 20% for a circulation of up to 50,000 copies, 15% for a circulation of up to 100,000 copies, 10% for a circulation of up to 500,000 copies, and 5% for a circulation of more than 500,000 copies. In addition, claims for price reductions are excluded in the case of contracts if the publisher has informed the customer of the decrease in circulation in good time so that the customer can withdraw from the contract before the advertisement appears.
- The place of performance is the publisher’s registered office. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for lawsuits is the publisher’s registered office. Insofar as claims by the publisher are not asserted in the dunning procedure, the place of jurisdiction for non-merchants is determined by their place of residence. If the domicile of the client, even for non-business people, is unknown at the time the action is filed, or if the client’s domicile or habitual residence after the conclusion of the contract is outside the scope of the law, the place of jurisdiction is the publisher’s registered office.