general business terms
2. the publisher reserves the right to refuse advertising banners/content ads within the framework of a contract if their content violates laws or official regulations, or if their content has been objected to by the german advertising council in a complaint procedure, or if their publication is unreasonable for the publisher due to their content, design, origin or technical form, and banners which contain advertising by or for third parties. orders for other advertising media are only binding for the publisher after submission of the sample and its approval. the client will be notified immediately of the rejection of a banner or other advertising media.
for the timely delivery and perfect condition of suitable images and texts the client is competent. in the case of the delivery of images and texts, the client is obligated to deliver proper artwork, in particular that which corresponds to the format or the technical specifications of the publisher, in good time before the start of the placement. the client shall bear the costs incurred by the publisher for changes requested by the client or for which the client is responsible.
4. if the publication of the advertising banners/content ad does not correspond to the contractually owed quality or performance, the client shall only be entitled to a faultless replacement publication of the other advertising medium, but only to the extent to which the purpose of the banners or the other advertising medium was impaired. in the case of other advertising media, the publisher shall have the right to refuse a substitute publication if this would require an expenditure which is grossly disproportionate to the client’s interest in performance or if this would only be possible for the publisher at disproportionate cost. if the publisher fails to meet a reasonable deadline set for the replacement publication of the other advertising medium or if the replacement publication is again not faultless, the client shall be entitled to a reduction in payment of the order. however, cancellation of the order shall be excluded. complaints in respect of defects which are not obvious must be made within three months of publication. the publisher shall be liable for all damages, whether arising from a breach of contractual duty or from 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 damages; this limitation shall not apply insofar as the damage was caused by legal representatives or executive employees of the publisher. in the event of simple negligence, the publisher shall only be liable if a material contractual duty has been breached. in such cases, liability shall be limited to the typical foreseeable damage. in the case of claims under the product liability law and in the case of injury to life, limb or health, the publisher shall be liable in accordance with the statutory provisions. complaints must be made – except in the case of non-obvious defects – within four weeks of receipt of invoice and receipt. all claims against the publisher arising from a breach of contractual duty shall become statute-barred within one year of the statutory commencement of the limitation period, unless they are based on intentional conduct.
5. order confirmations by e-mail are legally binding even without a signature. each order only becomes legally binding after written confirmation by the publisher. invoicing takes place on the date of the first publication and is due in full in advance immediately upon, receipt, unless a different payment deadline or advance payment has been agreed in writing in individual cases. the client can see the transfer account details on the invoice.
6. in the event of default or deferment of payment, interest at the usual bank rates 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 orders.
8. in the case of advertising banners or content ads from abroad, invoicing shall take place without calculation of value added tax, provided that tax exemption exists and is recognised. the publisher reserves the right to calculate the value added tax in the legally owed amount in the event that the tax authorities affirm the tax liability of the advertisement (insert).
9. the publisher shall not be liable for damages and reductions in performance due to force majeure (e.g. delayed publication or non-appearance due to strike, military lockout, etc.).
10. after publication of the advertising banner/content ad, changes of sizes, formats, and the change of colours within the booked term are not possible.
11. prices and discounts are listed in our media data. the applicable statutory vat rate must be added to all prices.
12. media and advertising agencies are obliged to adhere to the publisher’s price list in their offers, contracts, and invoices with advertisers. the prices for advertising banners and content ads and all other advertising media shown in these media data are not eligible for remuneration. if a media or advertising agency insists on the payment of an interim remuneration, this must be added to the prices shown. any interim remuneration granted may not be passed on to the client, either in full or in part.
13. if the joint discount is claimed for affiliated companies, written confirmation of a capital participation of more than 50 % is required.
14. agency fees will only be granted to proven advertising agencies. in the event of late discovery that no proven advertising agency is involved, the publisher reserves the right to reclaim the agency fee paid.
15. the client is solely responsible for the content and legal admissibility of the text and image material provided for the insertion. the client is obliged to indemnify the publisher against claims of third parties arising from the execution of the order, even if it has been cancelled. the publisher is not obliged to check orders to see whether they affect the rights of third parties.
16. in the event of operational, network and internet disruptions or in cases of force majeure, industrial action, confiscation, traffic disruptions, general raw material or energy shortages and the like – both in the publisher’s operations and in third-party operations used by the publisher to fulfil its obligations – the publisher shall be entitled to full payment for the published advertising banners.
17. please note the following when placing an order: if a claim cannot be collected from a media or advertising agency, regardless of the reason, the claim will automatically be transferred to the client. cancellations are possible within 7 days after receipt of the written order confirmation without invoicing, after which the full invoice amount will be due.
18. general duty to provide information, § 36 vsbg
we are neither obliged nor willing to participate in arbitration proceedings before a consumer arbitration board.