Terms And Conditions
- “Advertisment order” within the meaning of the following general conditions of acceptance is the contract for the publication of one or more advertisments by an advertiser or other space buyer in a publication for the purpose of dissemination.
- Where doubt exists advertisments are to be released for publication within one year of conclusion of a contract. If a contract allows for the release of individual advertisements, the order must be processed within one year of the advertisment appearing for the first time, provided the first advertisment is released and published within the period specified in sentence 1.
- In the event of a contract being concluded the orderer is entitled to release further advert isements exceeding the advertisement volume specified in the contract within the period agreed or the period specified in section 2, whichever is applicable.
- In the event of a contract not being performed for reasons for which the publishing company is not responsible, the orderer, notwithstanding any other legal obligations, must reimburse the publishing company the difference between the discount granted and the relevant discount for the number of advertisments actually published. Reimbursement need not be effected if the failure to perform is attributable to force majeure within the scope of the publishing company´s risk.
- When calculating the amount of text to be published the text millimetre lines are converted into advertisement millimetres in accordance with the price.
- Advertisments and inserts shall only be included in specified issues, specified editions or in specified positions in the publication if the orderer has stated that the advertisment or in sert must appear in specified issues, specified editions or in specific positions in the publication and the publishing company has provided written confirmation to this effect. Classified advertisments will appear in the appropriate special section without express agreement being required.
- Textual advertisements are advertisements which border on text on at least three sides and do not border on other advertisements. Advertisements which from their copy or layout are not recognisable as advertisements shall be rendered recognisable as such by the publi shing company by the addition of the word “advertisement”.
- The publishing company reserves the right to reject both advertisement orders, including individual releases within the framework of a contract, as well as insert orders, on account of their content, their origin or their technical form in accordance with uniform, objectively justified principles, if, in the due judgement of the publishing company, their contents contravene laws or official directives or are likely to cause offence, or their publication cannot be expected of the publishing company. This also applies to orders placed at registered or branch offices or agencies. Insert orders are only binding for the publishing company once a specimen copy of the insert has been submitted and approved. Inserts shall not be accepted which, by nature of their size or appearance, give the reader the impression of being a part of the newspaper or maga zine, or which contain advertisements of a third party. The orderer will be notified without delay of the rejection of an order.
- Prompt submission of the advertising text and fautless copy or of the inserts, glued-in inserts etc. is the responsibility of the orderer. The publishing company shall demand im mediate replace ments for recognisably unsuitable or damaged copy. The publishing company warrants usual printing quality within the scope of possibilities of the copy provided for the issue in which the order is to appear.
- In the event of the printed advertisement being partially or entirely illegible, incorrect or incompletely reproduced, the orderer may claim price abatement or a faultless replacement advertisement, but only to the extent to which the advertisement was impaired in its purpose. In the event of the publishing company allowing a reasonable extension period granted to it to elapse, or of a replacement advertisement again failing to be acceptable, the orderer has the right of candellation. Claims for compensation for collateral negligence, culpa in contrahendo or wrongful act are excluded even for orders placed by telephone; claims for compensation resulting form im possibility of performance and default are limited to compensation for forseeable damage and the compensation payable for the advertisement or insert in question. This does not apply to intent and gross negligence on the part of the publishing company, its legal representative or its vicarious agent. The liability of the publishing company for damage caused by lack of warranted qualifications remains unaffected. Nor is the publishing company liable in commercial business deal ings for gross negligence on the part of vacarious agents; in all other cases the liability to merchants for gross negligence is limited to the forseeable damage to the value of the compensation to be paid for the advertisement in question. All claims by the orderer, with the exception of obvious deficiencies, must be asserted with in four weeks of receipt of invoice and voucher copy.
- Proofs will be supplied at the orderer´s express wish. The orderer is responsible for the correctness of the returned proofs. The publishing company will act on all corrections to which attention is drawn within the period set at the time of despatch of the proof.
- Provided no particular size has been specified the order will be charged on the basis of the print height actually used usual for the type of advertisement.
- Unless the orderer effects prepayment the invoice will be sent immediately, at all events however, fourteen days following publication of the advertisement. The invoice is to be paid within the period specified in the price list an commencing from the receipt of the invoice, unless another period or prepayment has been agreed for the case in question. Any discounts for early payment will be granted in accordance with the price list.
- In the event of default or delay in payment interest charges in accordance with those list ed in the pricelist together with collection expenses will be levied. However, the orderer retains the right to furnish proof that the loss incurred is substantially less serious. In the event of default the publishing company may delay further performance of the current order until payment has been effected, as well as demand prepayment of the remaining advertisements. In the case of justified doubt in the ability of the orderer to effect payment the publishing company has the right, even during the duration of an advertisement contract, to make the appearance of further advertisements dependent upon the prepayment of the sum in question and of settlement of outstanding invoices without regard to the terms of payment originally agreed upon.
- Upon request the publishing company will supply a voucher copy of the advertisement together with the invoice. Depending on the nature and size of the advertisement order clippings, tear sheets, or complete voucher copies will be supplied. If it is no longer possible to obtain a voucher copy, a legally binding certification confirming that the advertisement was published and disseminated will be provided by the publishing company in its stead.
- The orderer shall bear the expense of the preparation of copy and drawings ordered, or of alterations requested by the orderer, or of reasonable alterations which differ substan tially from the version originally agreed upon.
- Where a contract has been signed for the publication of a series of advertisements a claim can be deduced in the event of a reduction in the number of copies printed, if, on overall average for the insertion year commencing with the appearance of the first advertisement, the circulation falls below the average circulation quoted in the price list or otherwise specified, or, in cases where no circulation is specified, the average number of copies sold in the previous calendar year (in the case of specialist publications this may be the average number of copies actually disseminated). A reduction in the print run is only a deficiency justifying a reduction in price if the reduction amounts to
20 % in the case of a circulation of up to 50,000 copies
15 % in the case of a circulation of up to 100,000 copies
10 % in the case of a circulation of up to 500,000 copies
5 % in the case of a circulation exceeding 500,000 copies
- Furthermore, reductions in contract price are excluded in cases where the publishing company informed the orderer of the reduction in circulation sufficiently early so as to allow the latter enough time to terminate the contract before the advertisement appeared.
- In the case of box number advertisement the publishing company entrusts the custody and prompt forwarding of the offers to the care of a serious businessman. Registered letters and express letters in reply to box number advertisements will be forwarded by standard post. Letters received in reply to box number advertisements will be kept for four weeks. Letters not collected within this period will be destroyed. The publishing company returns valuable documents, although no such obligation exists. In the interest and for the protection of the orderer the publishing company reserves the right to open offers received for examination to ensure that the box number service is not misused. The publishing company is not obliged to forward commercial recommendations or offers of mediation.
- Text and layout will only be returned to the orderer in response to a specific request so to do. The obligation to keep text and layout in safe custody elapses three months after expiry of the contract.
- Place of performance is the registered office of the publishing company. In business trans actions with merchants, juristic persons under public law or separate estates under public law the place of jurisdiction for legal action is the registered office of the publishing company. If the domicile or place of habitual residence of the orderer, even in the case of non-merchants, is unknown at the time of the commencement of an action, or if the orderer alters his/her domicile of place of habitual residence to a place outside the jurisdiction of the law following conclusion of the contract, the place of jurisdiction is agreed upon as being the registered office of the publishing company. Additional conditions of acceptance of the publishing company
a) While exercising all due diligence when accepting and examining the advertisement copy, no liability attaches to the publishing company if misled or deceived by the orderer. By placing an advertise ment order the advertiser undertakes to bear the expense of the publication of an counter representation referringt to actual claims made in the published advertisement in accordance with the advertisement rates valid at the time.
b) The orderer bears the responsibility for the content and the legal permissibility of the text and illustrations provided for the insertion. It is incumbent upon the orderer to indemnify the publishing company with respect to the claims of third parties arising against the publishing company from the execution of an order, even if it was not suspended in time. The publishing company is not obliged to check orders and advertisements with a view to their infringing the rights of third parties. In the event of advertisements appear ing which were not suspended in time, no claims of the advertiser can be made against the publishing company. The orderer also releases the publishing company from all claims resulting from infringement of copyright.
c) Notification of cancellations must be given in writing. In the event of an advertisement being cancelled the publishing company can demand payment of the composition costs incurred.
d) Cases of force majeure and industrial action for which the publishing company bears no respon sibility release the publishing company from the obligation to fulfil contracts and to pay compensation.
e) The publishing company accepts no liability for errors in the transmission by telephone of adver tisements, changes of the appointed date of appearance or of the issue in which the advertisement is to appear, of corrections to the text, or of cancellations.
f) Claims arising from incorrect printing of repeat advertisements are excluded if the advertiser had the opportunity of drawing attention to the error prior to the printing of the advertisement immediate ly following. The claim to payment of the publishing company remains un affected.
g) The advertiser may lay retrospective claim to the corresponding discount for the actual number of advertisements printed within the one-year period if, at the beginning of the period, he concluded a contract which, in accordance with price list, would have entitled him to a rebate from the very beginn ing. The claim to retrospective rebate lapses if not pressed within one month of the expiry of the one year period.
h) A trade discount of ten percent on the standard price shall only be granted for direct advertis ing orders.
i) The publishing company reserves the right to fix special rates for advertisements in publishers in serts, special publications and specials/special editions. The publishing company further reserves the right to correct (credit notes, additional charges) incorrect invoices within six months of the making out of the invoice.
j) Space brokers and advertising agencies are obliged to adhere to the prices listed by the publishing company when making their offers to, as well as concluding contracts and settling accounts with advertisers. The agency commission granted by the publishing company may not be passed on to the advertiser either in full or in part.
k) Personal liability of the representative of an orderer: If the orderer is a juristic person, or other wise limited liability (eg. GmbH), the person signing on behalf of the orderer is personally liable to the publishing company as a guarantor who has waived his plea of primary recourse against the principal debtor.
l) Data protection: Pursuant to §26 of the (German) Federal Data Protection Act we draw attention to the fact that within the framework of the business relations the required customer and supplier data are stored with the aid of electronic data processing equipment.
Stand: March 2006