General terms and conditions of business:
1. An “advertising order” within the meaning of the following General Terms and Conditions is a contract for the publication of one or more advertisements by an advertiser in the magazine published by the publisher for the purpose of distribution. 2. An advertising order includes all advertisements published within one year. The term of the advertising contract begins with the publication of the first advertisement in the magazine. 3. If the advertising contract is not fulfilled, the client must reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual purchase. If the publisher is responsible for the circumstances that prevent fulfillment, the obligation to refund shall cease to apply.
4. Advertisements will only be included in specific editions and at specific locations if the client and publisher have agreed that the advertisements will appear in specific editions and at specific locations.
5. Advertisements which are not recognizable as advertisements due to their design will be identified as such by the publisher with the word “advertisement”.
6. The publisher reserves the right not to accept advertising orders or to reject individual advertisements within the scope of an advertising order (withdrawal) which violate laws, official regulations or common decency, which contradict the publisher’s uniform principles due to their content, origin or technical form, or whose publication is unreasonable for the publisher. The client will be notified immediately of any rejection of the advertising order. 7. The client shall ensure the timely delivery of flawless and suitable printing materials. The publisher will request replacement of any printing materials that are obviously unsuitable or damaged. Under these conditions, the publisher guarantees proper reproduction of the advertisement, given the technical circumstances. 8. If the advertisement is printed in a completely or partially illegible, incorrect, or incomplete manner, the client is entitled to a reduction in payment or a replacement advertisement to the extent that the purpose of the advertisement has been compromised. If the publisher fails to comply with a reasonable grace period granted to him or if the advertisement is again faulty, the client shall have the right to withdraw. The publisher is liable for damages resulting from the lack of guaranteed properties. Claims for damages due to negligence in the conclusion of the contract, positive breach of contract and/or tort are excluded, unless the publisher, its legal representative or vicarious agents are guilty of intent or gross negligence. Claims for damages due to impossibility or delay are not excluded insofar as the impossibility or delay is attributable to the publisher, its legal representative or vicarious agents. In these cases, the publisher’s liability is limited to compensation for foreseeable damage and the fee payable for the advertisement. Complaints regarding multiple orders must be submitted by the advertising deadline for the issue following the one in question; for single advertisements, complaints must be submitted within fourteen days of receipt of the invoice. 9. Printing materials supplied by the client will only be returned to the client upon specific request. The retention obligation expires three months after the expiration of the contract. 10. Invoices are due within 14 days net without deductions. We grant a 2% discount for payments by direct debit. 11. In case of late payment or deferment of payment, interest will be charged at a rate of 1% above the current discount rate of the Deutsche Bundesbank, but at least 6%, plus collection costs. In the event of late payment, the publisher may postpone further execution of the current advertising order until payment is received and may demand advance payment for the remaining advertisements. If there are reasonable doubts about the client’s ability to pay, the publisher is entitled to make the publication of further advertisements, even during the term of a contract, dependent on the advance payment of the amount and the settlement of outstanding invoice amounts, regardless of any originally agreed payment deadline.
12. Costs for changes to originally agreed designs and for the delivery of ordered printing materials shall be borne by the client.
13. The publisher grants the discounts specified in the advertising rate card for advertisements published by an advertiser within a financial year.
14. The client shall be liable to the publisher for any damages incurred by the publisher as a result of third-party claims based on press law or other statutory provisions (e.g. publication of a counter-statement). 15. In the event of operational disruptions or force majeure, the publisher shall be entitled to full payment for the advertisements published if the advertising order has been fulfilled with 80 percent of the guaranteed circulation. For larger or smaller print runs, a 20% surcharge or discount per thousand copies will be calculated based on the page price of the print run stated in the price list. 16. Advertisement cancellations or unusable printing materials that result in the cancellation of the advertisement will be charged at 35% of the advertisement price. 17. The place of performance and jurisdiction is the publisher’s registered office.