General Conditions
General Terms and Conditions
1. In case of doubt, advertising orders have to be executed within one year of the
conclusion of the contract.
2. The deductions indicated in the advertising rate list are only granted for the ad-
vertisements of an advertiser, which are published in a publication within one year.
3. In their offers, contracts and settlements with the advertisers the publicity agents and advertising agencies are obliged to keep to the price list of the publisher. The
agency commission granted by the publisher may not, in whole or in part, be passed on to the advertisers.
4. If an order is not fulfilled for reasons for which the publisher is not responsible, with- out prejudice to possible further legal obligations the customer has to compensate the damage resulting from the non-performance of the contract.
5. The exclusion of competitors is not possible.
6. The insertion of advertisements in certain issues or at certain positions of the publi- cation cannot be warranted. Section 11 shall apply correspondingly.
No liability is assumed in the case of advertisements by phone or changes and cancellations by phone.
7. Advertisements which due to their editorial layout cannot be recognized as adver- tisements will be clearly identified as such by the publisher.
8. The publisher reserves the right to refuse advertisements or inserts – also individual
calls in the scope of a contract – at his own discretion on account of their contents, origin or the technical form. This also refers to orders which were accepted by publisher receiving offices or publisher agencies. By the refusal of an individual call the order is not cancelled. Orders for inserts are only binding for the publisher after receipt of a sample of the insert and its acceptance.
Any inserts that due to their format or layout give the impression to the reader to be part of the magazine or those which contain foreign advertisements will not be accepted.
The customer will immediately be informed of a refusal of an order.
9. The advertiser is responsible for the timely supply of the copy texts or the faultless manuscripts or inserts respectively. The publisher warrants the typographically faultless reproduction of the advertisement on the basis of the average printing per- formance according to the relevant printing process and the paper quality used.
conclusion of the contract.
2. The deductions indicated in the advertising rate list are only granted for the ad-
vertisements of an advertiser, which are published in a publication within one year.
3. In their offers, contracts and settlements with the advertisers the publicity agents and advertising agencies are obliged to keep to the price list of the publisher. The
agency commission granted by the publisher may not, in whole or in part, be passed on to the advertisers.
4. If an order is not fulfilled for reasons for which the publisher is not responsible, with- out prejudice to possible further legal obligations the customer has to compensate the damage resulting from the non-performance of the contract.
5. The exclusion of competitors is not possible.
6. The insertion of advertisements in certain issues or at certain positions of the publi- cation cannot be warranted. Section 11 shall apply correspondingly.
No liability is assumed in the case of advertisements by phone or changes and cancellations by phone.
7. Advertisements which due to their editorial layout cannot be recognized as adver- tisements will be clearly identified as such by the publisher.
8. The publisher reserves the right to refuse advertisements or inserts – also individual
calls in the scope of a contract – at his own discretion on account of their contents, origin or the technical form. This also refers to orders which were accepted by publisher receiving offices or publisher agencies. By the refusal of an individual call the order is not cancelled. Orders for inserts are only binding for the publisher after receipt of a sample of the insert and its acceptance.
Any inserts that due to their format or layout give the impression to the reader to be part of the magazine or those which contain foreign advertisements will not be accepted.
The customer will immediately be informed of a refusal of an order.
9. The advertiser is responsible for the timely supply of the copy texts or the faultless manuscripts or inserts respectively. The publisher warrants the typographically faultless reproduction of the advertisement on the basis of the average printing per- formance according to the relevant printing process and the paper quality used.
10. In the case of a reproduction of the advertisement which is in whole or in part illegi- ble, incorrect or incomplete the customer is entitled to an appropriate replacement in the form of additional advertising space free of charge to the extent in which the purpose of the advertisement has been impaired. The Publisher is excluded from
any claim for consequential losses or liabilities.
If possible errors cannot immediately be recognized in the copies but only become clear during the printing process, the advertiser is not entitled to any replacement of insufficient reproduction.
In the case of missing or incorrectly printed checking information the advertiser is not entitled to raise a claim.
Complaints have to be filed within four weeks after receipt of invoice and voucher.
11. Galley proofs are only submitted on express request. The customer is responsible for the
The customer is responsible for the accuracy of the galley proofs returned.
If the customer does not return on the due date the galley proofs that have been sent to him
in time, the approval for printing is considered to be given.
12. If no specific size prescriptions are given, in the case of page based advertisments standardized partial page area and in the case of individual or column, the actual
reproduction height is used as the basis for the price calculation.
13. The invoice is payable net immediately upon receipt. Possible deductions for early
payment are granted as detailed in the price list.
14. In the event of the term of payment being exceeded or granting of additional time to
pay, interest of minimum 2 % above the current discount rate of the German Federal Bank as well as the collection expenses will be invoiced without any prior reminder being required. In the event of default in payment the publisher can postpone the further execution of the current order until payment and demand payment in advance for the remaining advertisements.
In the case of a legal action, a cessation of payment, an arrangement or a bankruptcy, any deduction is forfeit. In the event of an arrangement or a bankruptcy and any other liquidation the total amount for the advertisements ordered will become due for immediate payment without deduction and without the obligation for a later publication.
15. Upon request the publisher supplies together with the invoice an advertisement
cutting. A voucher or a complete issue is supplied if this is justified by type and or size of the order. If such evidence can no longer be provided, it is replaced by a legally binding written confirmation by the publisher.
16. Sketches, drafts, proof sheets, changes of attached or transmitted data and similar
preparatory work, which has been caused by the customer, will be invoiced. The same refers to data transmissions (e. g. ISDN).
Subsequent changes caused by the customer including the machine down-time caused hereby will be invoiced to the customer. Also repetitions of galley proofs which are demanded by the customer because of minor deviations from the copy text are considered to be subsequent changes.
17. For box-number advertisements the publisher assumes no liability for the deposit and timely transmission of the offers. Telegrams, registered letters and express let- ters to box-number advertisements can only be transmitted by normal post. Offers which contain business recommendations or which do not directly refer to the ad- vertisement as well as offers from agencies are excluded from transmission to the advertiser.
In the interest and for the protection of the customer the publisher reserves the right to open the incoming offers for inspection purposes with the aim to exclude fraud,
indecency and other abuse of the box-number service, particular if the sender address
is missing.
The advertiser has no right to a transmission of such letters which have been sent under the abusive use of the box-number advertising service.
In the box-number advertising service the customer is liable for the return of the attachments to the offers.
18. In the event of a modification of the advertisement and insert prices the new con-
ditions come into force with immediate effect also for the current orders unless another written agreement has been made.
19. Any supplies (films, data carriers, transmitted data) by the customer or a third party engaged by him are not subject to an obligatory inspection on the part of the pub- lisher. This does not refer to data which are obviously illegible or which cannot be processed. In the case of data transmissions the customer is obliged to use prior to the transmission updated antiviral programs. The data backup is exclusively incum- bent on the customer. The publisher is entitled to make a copy. The customer de-
clares that no technical nor copyright copy protection exists and in this connection he releases the publisher from all liability risks.
20. In case of force majeure the publisher is discharged from any obligation to fulfil or-
ders and pay damages. In particular no damages are paid for advertisements not published or those not published in time.
21. Place of performance and jurisdiction for both parties is Dortmund. For contract
parties which are not businessmen or those who belong to the traders designated in § 4 HGB the jurisdictional clause is only valid for the case that claims are asserted by judgement note (§§ 688 ff ZPO).
The contract is subject to German law.
any claim for consequential losses or liabilities.
If possible errors cannot immediately be recognized in the copies but only become clear during the printing process, the advertiser is not entitled to any replacement of insufficient reproduction.
In the case of missing or incorrectly printed checking information the advertiser is not entitled to raise a claim.
Complaints have to be filed within four weeks after receipt of invoice and voucher.
11. Galley proofs are only submitted on express request. The customer is responsible for the
The customer is responsible for the accuracy of the galley proofs returned.
If the customer does not return on the due date the galley proofs that have been sent to him
in time, the approval for printing is considered to be given.
12. If no specific size prescriptions are given, in the case of page based advertisments standardized partial page area and in the case of individual or column, the actual
reproduction height is used as the basis for the price calculation.
13. The invoice is payable net immediately upon receipt. Possible deductions for early
payment are granted as detailed in the price list.
14. In the event of the term of payment being exceeded or granting of additional time to
pay, interest of minimum 2 % above the current discount rate of the German Federal Bank as well as the collection expenses will be invoiced without any prior reminder being required. In the event of default in payment the publisher can postpone the further execution of the current order until payment and demand payment in advance for the remaining advertisements.
In the case of a legal action, a cessation of payment, an arrangement or a bankruptcy, any deduction is forfeit. In the event of an arrangement or a bankruptcy and any other liquidation the total amount for the advertisements ordered will become due for immediate payment without deduction and without the obligation for a later publication.
15. Upon request the publisher supplies together with the invoice an advertisement
cutting. A voucher or a complete issue is supplied if this is justified by type and or size of the order. If such evidence can no longer be provided, it is replaced by a legally binding written confirmation by the publisher.
16. Sketches, drafts, proof sheets, changes of attached or transmitted data and similar
preparatory work, which has been caused by the customer, will be invoiced. The same refers to data transmissions (e. g. ISDN).
Subsequent changes caused by the customer including the machine down-time caused hereby will be invoiced to the customer. Also repetitions of galley proofs which are demanded by the customer because of minor deviations from the copy text are considered to be subsequent changes.
17. For box-number advertisements the publisher assumes no liability for the deposit and timely transmission of the offers. Telegrams, registered letters and express let- ters to box-number advertisements can only be transmitted by normal post. Offers which contain business recommendations or which do not directly refer to the ad- vertisement as well as offers from agencies are excluded from transmission to the advertiser.
In the interest and for the protection of the customer the publisher reserves the right to open the incoming offers for inspection purposes with the aim to exclude fraud,
indecency and other abuse of the box-number service, particular if the sender address
is missing.
The advertiser has no right to a transmission of such letters which have been sent under the abusive use of the box-number advertising service.
In the box-number advertising service the customer is liable for the return of the attachments to the offers.
18. In the event of a modification of the advertisement and insert prices the new con-
ditions come into force with immediate effect also for the current orders unless another written agreement has been made.
19. Any supplies (films, data carriers, transmitted data) by the customer or a third party engaged by him are not subject to an obligatory inspection on the part of the pub- lisher. This does not refer to data which are obviously illegible or which cannot be processed. In the case of data transmissions the customer is obliged to use prior to the transmission updated antiviral programs. The data backup is exclusively incum- bent on the customer. The publisher is entitled to make a copy. The customer de-
clares that no technical nor copyright copy protection exists and in this connection he releases the publisher from all liability risks.
20. In case of force majeure the publisher is discharged from any obligation to fulfil or-
ders and pay damages. In particular no damages are paid for advertisements not published or those not published in time.
21. Place of performance and jurisdiction for both parties is Dortmund. For contract
parties which are not businessmen or those who belong to the traders designated in § 4 HGB the jurisdictional clause is only valid for the case that claims are asserted by judgement note (§§ 688 ff ZPO).
The contract is subject to German law.
