General Terms and Conditions for Advertisements and other Advertising Media in Magazines
Section 1
"Advertising order" within the meaning of the following General Terms and Conditions is the contract between the publisher and the client for the publication of one or more advertisements or other advertising media (hereinafter collectively referred to as "advertisements") of advertisers or other advertisers (hereinafter collectively referred to as "advertisers") in a magazine for the purpose of distribution.
Clause 2
A "contract" is a contract for the publication of several advertisements, taking into account the discounts to be granted to the advertiser in accordance with the price list, whereby the respective publications are made on call by the client. Discounts are not granted to companies whose business purpose is, among other things, to place advertising orders for various advertisers in order to claim a joint discount. If the right to call off individual advertisements is granted as part of a contract, the order must be completed within one year of publication of the first advertisement.
Clause 3
If individual or several call-offs of a contract are not fulfilled due to circumstances for which the publisher is not responsible, the client shall, without prejudice to any further legal obligations, reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual acceptance. Unless otherwise agreed, the customer shall be retroactively entitled to the discount corresponding to his actual acceptance of advertisements within one year.
Item 4
Concerning text section advertisements. Not applicable.
Item 5
Orders for advertisements which are only to be published in specific issue 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 executed in this way. Classified advertisements shall be printed in the relevant section without this requiring express agreement.
Item 6
Advertisements that are not recognizable as advertisements due to their design shall be clearly identified as such by the publisher with the word "advertisement".
Item 7
The publisher reserves the right to reject advertisements - including individual call-offs within the framework of a contract - if
- their content violates laws or official regulations or
- whose content has been objected to by the German Advertising Council in a complaint procedure or
- the publication of which is unreasonable for the publisher due to its content, design, origin or technical form.
form is unacceptable
- advertisements that contain advertising by third parties or for third parties.
Orders for other advertising media are only binding for the publisher after the sample has been submitted and approved. Advertisements containing advertising by third parties or for third parties (combined advertising) require the prior written declaration of acceptance by the publisher in each individual case. This entitles the publisher to charge a compound surcharge. The client shall be informed immediately of the rejection of an advertisement.
Section 8
The client shall be solely responsible for the timely delivery and flawless condition of suitable print material or other advertising media. In the case of the delivery of digital print documents for advertisements, the client shall be obliged to deliver proper templates for advertisements, in particular those corresponding to the format or technical specifications of the publisher, in good time before the start of placement.
Costs incurred by the publisher for changes to the artwork requested by the client or for which the client is responsible shall be borne by the client.
The usual quality of the advertisements for the booked title in accordance with the information in the price list and in the order confirmation is agreed within the scope of the possibilities provided by the print documents. This shall only apply in the event that the client complies with the publisher's specifications for the creation and transmission of print documents.
Item 9
Print documents shall only be returned to the client on special request. The obligation to retain the print documents shall end three months after the first distribution of the advertisement.
Clause 10
If the publication of the advertisement does not correspond to the contractually owed quality or performance, the customer shall be entitled to a reduction in payment or a faultless replacement advertisement or replacement publication of the other advertising material, but only to the extent that the purpose of the advertisement or the other advertising material has been impaired. The publisher has the right to refuse a replacement advertisement or replacement publication if
- this requires an expenditure which, taking into account the content of the contractual obligation and the requirements of good faith, is grossly disproportionate to the client's interest in performance, or
- this would only be possible for the publisher at disproportionate cost.
If the publisher fails to meet a reasonable deadline set for the replacement advertisement or the publication of the other advertising material, or if the replacement advertisement/replacement publication is again not flawless, the client shall be entitled to a reduction in payment or to cancel the order. Cancellation of the order is excluded in the event of minor defects in the advertisement or the publication of the other advertising material. Complaints regarding non-obvious defects must be made within one year of the start of the statutory limitation period.
The publisher shall be liable for all damages, whether arising from contractual breach of duty or tort, in accordance with the following provisions: In the event of gross negligence, liability in commercial transactions shall be limited to compensation for typical foreseeable damage; this limitation shall not apply if the damage was caused by legal representatives or executives of the publisher.
In the event of simple negligence, the publisher shall only be liable if a material contractual obligation has been breached. In such cases, liability shall be limited to the typical foreseeable damage.
In the event of claims under the Product Liability Act and in the event of injury to life, limb or health, the publisher shall be liable in accordance with the statutory provisions. Complaints must be made within four weeks of receipt of invoice and receipt, except in the case of non-obvious defects.
All claims against the publisher arising from a breach of contractual obligations shall become time-barred one year after the statutory commencement of the limitation period, unless they are based on intentional conduct.
Clause 11
Proofs will only be supplied on express request. The client shall be responsible for the correctness of the returned proofs. The publisher shall take into account all corrections of errors that are communicated to it by the advertising deadline or within the deadline set when the proof is sent.
Item 12
Concerning calculation according to print height. Not applicable.
Item 13
The invoice must be paid within the period shown in the price list, unless a different payment period or advance payment has been agreed in writing in individual cases. Any discounts for early payment shall be granted in accordance with the price list.
Clause 14
In the event of late payment or deferment of payment, the usual bank interest and collection costs will be charged. In the event of late payment, the publisher may defer further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. If there are reasonable doubts as to the solvency of the customer, the publisher is entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on the advance payment of the amount on the advertising deadline and on the settlement of outstanding invoice amounts, regardless of any originally agreed payment terms.
Item 15
Upon request, the publisher shall supply an advertising voucher with the invoice. Depending on the type and scope of the advertising order, advertisement cuttings, voucher pages or complete voucher numbers will be supplied.
If a voucher can no longer be procured, it shall be replaced by a legally binding certificate from the publisher regarding the publication and distribution of the advertisement.
Item 16a
Subject to the provisions of Clause 16b, a claim to a price reduction can be derived from a reduction in circulation in accordance with sentence 2 in the case of a contract for several advertisements if the total average of the insertion year beginning with the first advertisement falls short of the guaranteed circulation. A reduction in circulation shall only constitute a defect entitling the advertiser to a price reduction if and insofar as it
in the case of a guaranteed circulation of up to 50,000 copies, at least 20%,
in the case of a guaranteed print run of up to 100,000 copies, at least 15%,
at least 10 percent for a guaranteed circulation of up to 500,000 copies,
in the case of a guaranteed circulation of more than 500,000 copies, at least 5%.
A reduction in circulation for reasons set out in clause 23 shall not be taken into account. The guaranteed circulation shall be the guaranteed circulation expressly designated as such in the price list or otherwise. In addition, claims for price reductions are excluded in the case of contracts if the publisher has informed the client of the reduction in the guaranteed circulation in sufficient time for the client to withdraw from the contract prior to publication of the advertisement.
publication of the advertisement.
Item 16b
(Special provision for circulation reductions for titles that publish issue-related circulation data) In deviation from Clause 16a, a circulation reduction for titles that publish issue-related
circulation data shall only entitle the publisher to a price reduction if and to the extent that it exceeds 10 percent (fluctuation margin) for a circulation (guaranteed circulation) of up to 500,000 copies and 5 percent (fluctuation margin) for a circulation (guaranteed circulation) of over 500,000 copies. A reduction in circulation for reasons set out in clause 23 shall not be taken into account. The circulation on which the guarantee is based is the total paid circulation as defined by the IVW. It is calculated for the insertion year from the circulation average of the four quarters prior to the insertion year, unless the publisher has specified an absolute circulation figure as a guarantee in the respective price list. The prerequisite for an entitlement to a price reduction is a discountable contract based on the volume scale and for at least three issues. The basis for calculating the price reduction is the order per advertiser, unless billing by brand, which must be defined when the order is placed, has been agreed. The possible circulation reduction shall be calculated as the balance of the circulation overruns and underruns of the booked issues within the insertion year. A claim for reimbursement must be made within six months of the end of the insertion year. Reimbursement shall be made on the basis of the customer net, taking into account the agency remuneration already granted as a credit in kind or, if this is no longer possible, as remuneration. The amount of the reimbursement is determined by the extent of the net shortfall in circulation outside the fluctuation margin. An entitlement to reimbursement shall only exist if the reimbursement amount is at least EUR 2,500.
Item 17
In the case of box number advertisements, the publisher shall exercise the diligence of a prudent businessman for the safekeeping and timely forwarding of offers. Registered letters and express letters in response to box number advertisements will only be forwarded by normal post. Receipts of classified advertisements will be kept for four weeks. Letters that have not been collected within this period will be destroyed. The publisher will return valuable documents without being obliged to do so. The publisher may be granted the right by individual contract as a representative to open the incoming offers in place of and in the declared interest of the client. Letters that exceed the permissible DIN A 4 format (weight 50 g) as well as goods, books, catalogs and small packages are excluded from forwarding and will not be accepted. Acceptance and forwarding may, however, be agreed as an exception in the event that the client assumes the fees/costs incurred.
Clause 18
The place of performance is Speyer. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action shall be Speyer. Insofar as claims of the publisher are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the domicile or habitual residence of the customer, even in the case of non-merchants, is unknown at the time the action is brought or if the customer has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, Speyer shall be agreed as the place of jurisdiction.
Clause 19
Advertising intermediaries and advertising agencies are obliged to adhere to the publisher's price list in their offers, contracts and invoices with advertisers.
Item 20
Price changes for advertising orders placed are effective vis-à-vis entrepreneurs if they are announced by the publisher at least one month before publication of the advertisement. In the event of a price increase, the client shall have the right to withdraw from the contract. The right of withdrawal must be exercised in text form within 14 days of receipt of the notification of the price increase.
Clause 21
If a joint discount is claimed for companies belonging to the group, written confirmation of an equity participation of at least 50% is required.
Clause 22
The Client warrants that it holds all rights required to place the advertisement. The client shall bear sole responsibility for the content and legal admissibility of the text and image documents provided for the insertion as well as the advertising material supplied. Within the scope of the advertising order, the customer shall indemnify the publisher against all claims by third parties that may arise due to the violation of legal provisions. Furthermore, the publisher shall be indemnified against the costs of any necessary legal defense. The client is obliged to support the publisher in good faith with information and documents in the legal defense against third parties.
The client transfers to the publisher all copyrights, ancillary copyrights and other rights necessary for the use of the advertising in print and online media of all kinds, including the Internet, in particular the right to reproduce, distribute, transmit, broadcast, make available to the public, extract from a database and retrieve, in terms of time and content to the extent necessary for the execution of the order. In all cases, the aforementioned rights shall be transferred for an unlimited period of time.
Clause 23
In the event of operational disruptions or in cases of force majeure, labor disputes, confiscation, traffic disruptions, general shortages of raw materials or energy and the like - both in the publisher's operations and in third-party operations used by the publisher to fulfill its obligations - the publisher shall be entitled to full payment for the published advertisements if the publishing object has been delivered by the publisher with 80% of the average circulation sold or otherwise guaranteed in the last four quarters. In the event of lower deliveries by the publisher, the invoice amount shall be reduced in the same proportion as the guaranteed paid or guaranteed circulation is to the circulation actually delivered.
Clause 24
The Client shall permit the Publisher to make its advertisements publicly accessible online on the websites of the Publisher and its titles (e.g. www.klambt.de) and, if applicable, as part of the e-paper edition, as well as to reproduce and distribute them offline (e.g. on CD-ROM, DVD, paper presentations). The publisher may use advertising material designed by it for its own advertising on its Internet website and in presentations created by it for the purposes of self-promotion for an unlimited period of time.
Status: 01.01.2017