terms of trade
An "advertising order" in the sense of the following General Terms of Trade is a contract about publication of one or more advertisements by an advertiser (purchaser) in the periodical magazine published by the publisher for the purpose of dissemination.
An advertising order covers all advertisements appearing within 12 months. The duration of the advertising order begins with the appearance of the first advertisement in the magazine.
Should the advertising order not be fulfilled, the purchaser of the advertising must repay to the publisher the difference between the discount granted and the usual price of the actual space bought. If the publisher is responsible for circumstances preventing fulfillment there is no repayment obligation on the purchaser.
The acceptance of advertisements in certain editions and in certain spaces is subject to agreement between the publisher and the purchaser of the advertising.
Advertisements not immediately recognizable as such from their design will be designated as such by the publisher with the word "Advertisement."
The publisher reserves the right not to accept advertising orders or individual advertisements within the framework of an advertising order (withdrawal from contract) that breach laws and/or regulations of authorities or are morally offensive, or which run counter to the unified principles of the publisher because of their content, their origin or technical form, or whose publication cannot be expected of the publisher. The purchaser will be notified of the rejection of the advertising order without delay.
The purchaser provides flawless and suitable printing inputs on time. For recognizably unsuitable or damaged printing inputs the publisher demands replacements. Under these conditions the publisher guarantees proper reproduction of the advertisement in line with the technical conditions.
The purchaser is entitled to a partial refund of payment or a replacement advertisement should the advertisement printed be partly or wholly illegible, wrong or incomplete, on the scale on which the purpose of the advertisement was compromised. If the publisher lets an appropriate period of set notice pass without taking remedial action or if the new advertisement is also faulty, the purchaser has the right to withdraw from the contract.The publisher is liable for damages arising from the lack of representations. Damage claims because of faulty contracting, positive breach of contract and/or impermissible action are ruled out, unless the publisher, its legal representative or agents are guilty of intent or gross negligence. Damage claims arising from impossibility or delay are not ruled out inasmuch as the impossibility or delay are the responsibility of the publisher, its legal representative or agents. In such cases the liability of the publisher is limited to restitution of the foreseeable damage and the payment due for the advertisement. In the case of multiple insertion orders, claims must be lodged by the advertising deadline of the issue following the one faulted, in case of a single advertisement within 14 days of receipt of the bill.
Printing inputs supplied by the purchaser will be returned only on request. The duty to keep them ends three months after expiry of the contract.
The invoice has to be payed without pay discount in 14 days. By direct debit we afford you 2% payment discount.
For delayed or deferred payment interest at the level of one percent above the contemporarily valid discount rate of Deutsche Bundesbank (the German central bank), or at least six percent, plus collection costs, will be charged. In case of delayed payment the publisher can stop further fulfillment of the running advertising order until payment is made, and demand advance payment for the remaining advertisements. If there are grounds to assume that the purchaser is unable to pay, the publisher is entitled during the contractual period to make the publication of further advertisements dependent on the advance payment of the sum and the settlement of open bills, regardless of any payment mode originally agreed.
Costs of changing originally agreed designs and of delivering ordered print inputs are borne by the purchaser.
The publisher grants the discounts described in the advertising price list for the advertisements placed by a purchaser within the contracted year.
14.The purchaser is liable to the publisher for damages caused it by the claims of third parties based on press law or other provisions of law (e.g. publication of a disclaimer).
In the case of operational disturbances or events beyond human control the publisher is entitled to full payment of the advertisements published if 80 percent of the print run assured for the advertising order is met. If the print run is higher or lower, 20 percent surcharge or rebate applies per thousand copies of the run, in line with the page price of the edition named in the price list.
Cancellations of advertisements or unusable print inputs preventing publication of the advertisement are charged for at 35 percent of the advertising price.
Settling place and jurisdiction is the seat of the publisher.

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