General Terms & Conditions
1. Within the scope of the Terms & Conditions below, an „Advertisement Order“ shall be an agreement on the publishing of one or more advertisements in a publication, placed by advertisers or other advertise space buyers for the purpose of dissemination.
2. In case of doubt, advertisements shall be released for publication within the term of one year after contract conclusion. If respective contracts grant a right to request the publishing of single advertisements, the order shall be completed within one year as of the first advertisement's publication, provided that this first advertisement is published within the term stated in Clause 1 hereof.
3. Within the scope of concluded contracts, Client shall be entitled to release further advertisements within the agreed term or the term stated under Clause 2 hereof, respectively.
4. In the event orders are not fulfilled due to circumstances beyond Publisher's control, Client shall be obliged to reimburse Publisher with the difference between the discount allowed and the one corresponding to the actual acceptance. This provision shall apply without prejudice to any other possible legal obligations. The respective refund shall not fall due in case the non-fulfillment is based on reasons of force majeure within the sphere of risks on Publisher's part.
5. In the calculation of advert volumes, text millimeter lines shall be converted according to price into advert millimeters.
6. Orders for advertisements and inserts, which are expressly to be published exclusively in specific issues, editions, or at specific positions in the publication, shall be submitted to Publisher in due time, in order to facilitate Client's information before the respective closing date in case orders cannot be performed in the manner requested. Categorized advertisements shall be printed in respective categories without express agreement.
7. Textual advertisements shall be advertisements that adjoin to text on at least three sides, and do not adjoin to other advertisements. Advertisements which - due to their editorial design - are not discernible as such shall be clearly indicated by Publisher as advertisements by adding the term „Advertisement“.
8. Publisher reserves the right to reject Advertisement Orders - including individual publications within the scope of contract conclusion - as well as insert orders due to their content, origin, or technical nature, in accordance with consistent and reasonably justified principles of Publisher, in the event their respective content infringes applicable laws or regulatory provisions, or their publishing should be unacceptable for Publisher. Insert orders shall be binding for Publisher not before presentation and approval of a respective sample. Inserts, which - due to their format or layout - convey the impression of being part of the newspaper or magazine to the reader, or which contain third-party advertisements, shall not be accepted. Client shall be immediately informed on the non-acceptance of orders.
9. Client shall be responsible for the timely delivery of the advertising copy and error-free print documents, or of the insert, respectively. Publisher shall immediately request obviously unsuitable or damaged print documents to be replaced. To the extent possible within the scope of respective print documents, Publisher shall guarantee the standard print quality for documented titles.
10. In the event advertisements are - in whole or in part - published illegible, incorrect, or incomplete, Client shall be entitled to reduce its payment or request for an error-free replacement advertisement. However, this shall apply only to the extent to which the advertisement purpose is affected. In case Publisher fails to fulfill its respective obligations within reasonable time, or the re-published advertisement should again not be of faultless nature, Client shall be entitled to reduce its payment or cancel the order. Unless deficiencies are of non-obvious nature, any and all complaints shall be made within four weeks upon invoice and sample receipt.
11. Proofs shall be supplied on explicit request only. Client shall be responsible for the correctness of returned proofs. Publisher shall observe all corrected errors communicated within the period specified upon sending the proof.
12. In the event specifications as to size are not provided, the invoice shall be based on the standard actual font size according to the type of advertisement.
13. Unless Client advances the payment, the invoice shall be sent immediately; however, if possible after the advertisement's publication. Unless deviating payment terms or advance payment have been agreed for individual cases, invoices shall be payable within the term stated in our price list, starting from the date of invoice receipt. Possible prepayment discounts shall be granted in accordance with the price list.
14. In the event of delayed or extended payment, interest and collection fees shall be charged. In suchlike cases, Publisher shall be entitled to defer further execution of open orders until payment has taken place, or demand advance payment for remaining advertisements, respectively. In presence of reasonable doubt with respect to Client's solvency, Publisher shall be entitled to subject the publication of further advertisements to the prepayment of respective amounts and settlement of open invoices, even during the term of an advertisement contract, and regardless of any previously agreed terms of payment.
15. Upon request, Publisher shall provide an advert record along with the invoice. Depending on type and scope of Advertisement Orders, excerpts, sample pages, or complete sample editions shall be delivered. In the event obtaining samples should be impracticable, Publisher shall instead provide a legally binding certification on the advertisement's publication and dissemination.
16. Any and all costs arising in relation to the production of ordered printing blocks, matrixes, and drawings, as well as costs arising due to significant modifications to initially agreed designs, requested for or initiated by Client, shall be borne by Client.
17. The place of fulfillment shall be at Publisher's registered office. In business transactions with merchants, corporate bodies under public law, or special funds under public law, the place of jurisdiction in the event of lawsuits shall be at Publisher's registered office. Unless Publisher's claims are asserted within the scope of dunning proceedings, the place of jurisdiction for business transactions with non-commercial clients shall be at the respective Client's place of residence. In the event Client's (usual) place of residence should be unknown at the commencement of proceedings, or in case Client has relocated its place of (usual) residence outside the legal territory after con- tract conclusion, Publisher's registered office shall be the agreed place of jurisdiction. The aforementioned shall also apply to non-commercial clients.
Publisher's Additional Terms & Conditions
a) Client shall be obliged to bear the costs arising due to the publishing of counter statements, referring to actual statements made in or by published advertisements. Respective costs shall be calculated according to applicable advertising rates. This provision shall exclusively apply if Publisher is obliged to print respective counter statements.
b) Client shall be responsible for content and legitimacy of text and graphic material provided for the purpose of insertion. Furthermore, Client shall be responsible for keeping Publisher indemnified against any and all third-party claims, which might arise as a result of Publisher's execution of Client's order. Publisher shall only revise orders and advertisements with respect to obvious statutory violations; however, Publisher shall not be obliged to revise orders and advertisements with respect to the infringement of third-party rights. Furthermore, Client shall keep Publisher indemnified from and against any and all copyright infringements.
c) Cancellations shall require written form in order to become effective. In the event of cancelled advertisements Publisher shall be entitled to charge Client the accrued typesetting costs.
d) If Advertisement Orders, changes in appointments and editions, text corrections, and/or cancellations are communicated by phone, Publisher shall not be liable whatsoever for transmission errors.
e) Claims arising due to incorrect repeat advertisements shall be excluded if Client had the opportunity to inform Publisher on respective errors prior to the printing of the subsequently following advertisement. Publisher's right to claim for remuneration shall remain unaffected.
f) In the event Client has published fewer advertisements than due as per the respective prepayment within the term of one year, Client shall be entitled to reduce its payment by the value of suchlike non-published advertisements, provided that a respective prior agreement has been made. Suchlike rights to claim payment reduction shall lapse unless they are exercised within the term of one month after expiration of the respective year.
g) A trade discount in the amount of ten percent on the base price shall exclusively be granted for direct Advertisement Orders.
h) Publisher reserves the right to define special prices for advertisements published in supplements, special releases, and special editions.
i) With respect to their offers to, and/or contracts and settlements with Client, advertising agents and agencies shall be obliged to comply with Publisher's price list. The agent's fee awarded by Publisher may not be passed on to Client, neither in whole nor in part.
MeBu Verlag E. Eckstein
Am Kurfuerstenweg 2A