GENERAL TERMS AND CONDITIONS

1. “Advertising order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements by an advertiser or other interested party in a printed publication for the purpose of distribution. Our General Terms and Conditions of Business shall apply exclusively to all advertising orders; any terms and conditions of business or purchase of the customer are hereby rejected.
2. In case of doubt, advertisements must be called off for publication within one year of the conclusion of the contract. If the right to call off individual advertisements is granted within the framework of a contract, the order must be processed within one year of the publication of the first advertisement, provided that the first advertisement is called off and published within the period specified in sentence 1.
3. In the case of contracts, the customer is entitled to call off further advertisements within the agreed period or the period specified in Item 2, even beyond the quantities of advertisements specified in the order.
4. If an order is not fulfilled under circumstances for which the publisher is not responsible, the client must reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual acceptance, without prejudice to any legal obligations. The reimbursement shall not apply if the non-fulfillment is due to force majeure within the publisher’s sphere of risk.
5. Advertisements that are not recognizable as advertisements, for example, due to an editorial layout, will be identified as advertisements by the publisher by adding the word “advertisement”.
6. Orders for advertisements and third-party inserts that are to be published exclusively in certain issues, editions or in certain places in the publication must be received by the publisher in good time so that the customer can be notified before the advertising deadline if the order cannot be executed in this way. Classified advertisements will be printed in the respective section without the need for express agreement.
7. The price of an advertisement is subject to the price lists valid at the time. Discounts according to the advertising price list are only granted for advertisements of an advertiser appearing within one year. The time limit for probate orders begins with the appearance of the first notice entitled to probate.
8. The publisher reserves the right to reject orders for advertisements and inserts – including individual call-offs within the framework of a contract – on the grounds of content, origin or technical form in accordance with uniform, objectively justified principles of the publisher if their content violates laws or official regulations or if their publication is unreasonable for the publisher. This also applies to orders placed at branch offices, receiving offices or representatives. Orders for inserts are not binding on the publisher until a sample of the insert has been submitted and approved. Inserts which, due to their format or presentation, give the reader the impression that they are part of the newspaper or magazine, or which contain third-party advertisements, will not be accepted. The client shall be notified immediately of the rejection of an order. The client bears sole responsibility for the content and legal admissibility of the text and image documents provided for the insertion. The customer shall indemnify the publisher against claims by third parties that arise against the publisher from the execution of the order, even if it is cancelled. The publisher is not obliged to check orders or advertisements to determine whether they infringe the rights of third parties.
9. The customer is responsible for the timely delivery of the advertisement text and flawless print documents or inserts. The publisher shall immediately request replacements for recognizably unsuitable or damaged print documents. The publisher guarantees the usual print quality for the title occupied within the scope of the possibilities given by the print documents.
10. In the event that the advertisement is wholly or partially illegible, incorrect or incomplete, the customer shall be entitled to a reduction in payment or a replacement advertisement, but only to the extent that the purpose of the advertisement has been impaired. If the publisher fails to meet a reasonable deadline set for this purpose or if the replacement advertisement is again not faultless, the customer shall be entitled to a reduction in payment or cancellation of the order. In dealings with entrepreneurs, claims for damages are excluded regardless of the nature of the breach of duty, including tortious acts, except in cases of intent or gross negligence. In the event of a breach of material contractual obligations, the publisher shall be liable for any negligence, but only up to the amount of the foreseeable damage. These limitations and exclusions shall not apply in the event of fraudulent conduct or liability for guaranteed characteristics. In dealings with consumers, liability in the event of a slightly negligent breach of duty shall be limited to the foreseeable, direct average damage typical for the contract. Complaints must be made within 4 weeks of receipt of invoice and receipt, except in the case of hidden defects.
11. Proofs will be supplied only upon express request. The client is responsible for the accuracy of the returned proofs. The Publisher shall take into account all error corrections communicated to it within the deadlines set when sending the proof.
12. If there are no special size requirements, the actual impression height will be used as the basis for calculating the price.
13. If the client does not make advance payment, the invoice will be sent immediately, but preferably 14 days after publication of the advertisement. The invoice is to be paid within the period indicated in the price list, starting from the receipt of the invoice, unless a shorter payment period or advance payment has been agreed in individual cases. Any discounts for early payment are granted according to the price list.
14. In the event of late or deferred payment, interest and collection costs will be charged. In the event of default in payment, the publisher may defer further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. In the event of justified doubts about the customer’s ability to pay, the publisher shall be entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on the advance payment of the amount and the settlement of outstanding invoice amounts, irrespective of any originally agreed payment deadline.
15. The publisher will supply up to two complete voucher numbers with the invoice upon request. If a receipt can no longer be obtained, it shall be replaced by a legally binding certificate from the publisher confirming the publication and distribution of the advertisement.
16. Costs for the production of ordered artwork as well as for significant changes to originally agreed designs requested by the customer or for which the customer is responsible shall be borne by the customer.
17. In the case of a contract for several advertisements, a reduction in circulation may give rise to a claim for a price reduction if the overall average of the insertion year beginning with the first advertisement falls short of the average circulation stated in the price list or otherwise, or if a circulation is not stated, the average paid circulation (in the case of trade journals, if applicable, the average actually distributed circulation) of the previous calendar year. Furthermore, claims for price reductions are excluded if the publisher has informed the customer of the decrease in circulation in such good time that the customer was able to withdraw from the contract before the advertisement was published.
18. Artwork will only be returned to the client upon special request. The obligation to retain the data ends three months after expiry of the order.
19. The place of performance is the registered office of the publisher. In business transactions with entrepreneurs, legal entities under public law or special funds under public law, the place of jurisdiction for legal actions shall be the registered office of the publisher. Insofar as claims of the publisher are not asserted in dunning proceedings, the place of jurisdiction for consumers shall be determined by their place of residence. If the domicile or habitual residence of the client is unknown at the time the action is filed, even in the case of non-merchants, or if the client has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the publisher. These General Terms and Conditions and the entire legal relationship between the publisher and the client shall be governed by the laws of the Federal Republic of Germany.
20. The General Terms and Conditions of the Publisher shall apply mutatis mutandis to orders for bound inserts, tip-ons or other special technical designs.
21. Should any provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic sense and purpose of the invalid provision.