General terms and conditions
General terms and conditions
General terms and conditions for advertising space and other advertising content provided in online services and for use of the web sites of the individual publishing companies of Keppler Medien Gruppe
I. Relationship to the user
- The user of this site shall be any person who accesses this site. The supplier shall be the individual publishing company concerned in each invididual case.
- Use of this site shall be based exclusively on the following terms. Conditions of the user to the contrary shall only apply with our written consent.
- The content published in this site has been researched with great care. The content of this site is nevertheless meant solely for general use and general information. The supplier does not provide a guarantee for the content of this site and its accuracy. The content of this site should not therefore be used for making decisions. The supplier reserves the right to change the content of this site at any time without prior announcement.
- The mere use of this site does not lead to obligations of any kind between the supplier and the user.
- The supplier does not accept any liability for a possible infection of this site by viruses or for other damage suffered by the computer system of the user or third parties due to use of this site. This site is used at the user's own risk.
- No liability of any kind shall not be accepted for links either.
- If the user transfers data of any kind to the supplier, this shall be done at the user's own risk.
- Data about the user shall be stored in accordance with the provisions of the German Data Protection Act (BDSG). Notification in accordance with § 33 of the BDSG shall be considered made herewith.
II. Relationship to the party placing the order
- An advertisement order in the following general terms and conditions of business shall be a contract about the publication, circulation or linking of one or more advertisements in communication services (the Internet in particular) between an advertiser (hereinafter referred to as: the party placing the order) and the individual publishing company concerned in each invididual case (hereinafter referred to as: the party accepting the order).
The advertising order shall be governed exclusively by these general terms and conditions of business and the price list, which forms an integral part of the contract. Any general terms and conditions of business of the party placing the order shall not apply where they conflict with these general terms and conditions of business.
- The contract shall not be effected until
a) written or e-mail confirmation is issued by the party accepting the order or
b) the advertisement is published online.
Oral or telephone confirmations shall not be legally binding.
- The advertising documents shall be submitted to the party accepting the order in excellent, suitable, electronic condition in good time before the advertising is due to appear. If the documents are obviously unsuitable or damage, the party accepting the order shall request replacement without delay. Changes to the advertising documents and locations shall not be possible any longer from 7 working days before the advertising is due to appear onwards. The party accepting the order shall not accept any responsibility for proper publication of the advertisement if the documents are delivered late, if they are changed subsequently or if corrections are communicated by telephone. This shall also apply if faults in the original only become apparent when the advertisement is published. The obligation to store the originals ends for the party accepting the order 3 months after the last publication of the advertising.
- Originals shall be transmitted by digital means at the risk of the party placing the order. The party placing the order shall be responsible for unintentional changes. They shall not justify a price reduction or the payment of damages. If the party placing the order discovers such a change, he shall be required to provide notification of this immediately after inclusion in the site and at the latest 5 working days after inclusion in the site. At the request of the party placing the order, the party accepting the order shall then replace the changed file after reception of the corrected file in return for payment of the work and expense involved.
- Extra expenditure incurred by the party accepting the order in processing image originals, original alterations etc. shall be charged separately.
- The party accepting the order reserves the right to refuse advertisement orders - including individual call-offs within the framework of a contract - because of their content or origin or for technical reasons on the basis of consistent, objectively justified principles, if their contents violate laws, government regulations or public morality or if publication of them by the party accepting the order cannot reasonably be expected. The party placing the order shall be informed immediately when the order is rejected. He shall be reimbursed any payments that have already been made in this case. No further claims can be made.
- The party placing the order guarantees and warrants on placing the order that he owns all the rights to use required for publication of the advertisement, i.e. copyrights, brand rights, ancillary copyrights, personal rights and other rights to the files made available by him to the party accepting the order (e.g. texts, photos, graphics etc.) or to any other documents that are made available. The party placing the order shall indemnify the party accepting the order from all claims by third parties that might be made on the latter because of the violation of the provisions of competition, criminal, copyright or other legislation. This indemnification also extends to include the costs incurred in the necessary defence of rights against third parties. The party placing the order undertakes to support the party accepting the order in good faith in defending his rights against third parties by providing information and documents, to the extent that the party placing the order is able to do this without violating commitments of his own towards third parties and without disclosing secrets of his own.
- The party placing the order shall be liable for the content, original and technical form of the advertising. The party accepting the order shall only check the advertising with regard to obviously illegal contents. He shall not make any other checks, particularly regarding interactive connections such as hyperlinks or user-induced operations. The party placing the order who requests a link gives the assurance that the links included on the site that is now connected hyperactively do not violate legal regulations. The party placing the order shall assume the liability for this too and shall indemnify the party accepting the order against this liability - to the extent that this is legally possible - as well as against the costs of legal proceedings and legal advice needed to safeguard his rights.
- Unless agreement is reached to the contrary, advertisements shall be meant for immediate publication. If agreement is reached on a right to call off several advertisements, this arrangement shall be completed within one year of the publication of the first advertisement.
- If the party placing the order does not call the advertisement off within the agreed period of time or if he falls into arrears with payment of the invoices, the party placing the order shall be required to make subsequent payment of the difference between the discount granted and the discount due in accordance with the actual call-offs. Further claims by the party accepting the order shall not be affected by this. If the failure to call off is attributable to force majeure within the area of responsibility of the party accepting the order, this obligation to make subsequent payment shall not apply.
- The advertisement shall appear in the area provided for the advertisement in agreement with the party placing the order. If this is not possible, the party accepting the order shall place the advertisement by exercising reasonable discretion and taking the interests of the party placing the order into consideration as far as is at all possible.
- In mutual commercial transactions, the party placing the order shall check immediately whether the advertisement has been published in the way provided for in the contract and shall submit notification of any faults within two weeks, with the exception of the cases covered in 4. The notification period for faults shall begin when the advertisement is published in the case of obvious faults and when they are discovered in the case of latent faults. If the party placing the order does not provide notification of any faults, publication of the advertisement shall be considered approved. The notification period for faults amounts to 6 months in the case of parties placing the order who are non-merchants.
- Except in the cases covered in 4., if the advertisement is partly or completely illegible, incorrect or incomplete when it is published or if warranted characteristics are missing, the party placing the order shall have a warranty claim to immediate elimination of the fault or, if this is not possible, the right to a reduction in payment or a replacement advertisement, but only to the extent to which the purpose of the advertisement has been impaired. If the party accepting the order lets a reasonable deadline pass that has been set for him in this context or if the replacement advertisement is not flawless either, the party placing the order shall have the right to a reduction in payment or cancellation of the order, to the exclusion of all other claims.
- There shall be no right to damages due to positive violation of claims, fault in the conclusion of contracts and tortious acts - including cases where orders are placed by telephone. Claims to damages arising from the impossibility of performance and delays shall be limited to replacement of the foreseeable damage and to the payment that has to be made for the advertisement or insert in question. This shall not apply in the case of intent and gross negligence on the part of the publishing company, its legal representative and persons it employs to discharge its duties. Liability on the part of the publishing company for damage because of the lack of warranted characteristics shall not be affected by this.
- The publishing company shall not be liable for gross negligence on the part of persons it employs to discharge its duties in commercial business transactions either, except if the liability relates to cardinal obligations. The scope of the liability for gross negligence in relation to merchants shall in all cases be limited to the foreseeable damage up to the payment made for the relevant advertisement.
- If force majeure or other circumstances that are not the responsibility of the party accepting the order (particularly faults in communication networks or electricity supply; industrial action) make it considerably more difficult to carry out the order for a lengthy period of time, there shall be no obligation to perform and to pay damages. If the advertisement is published within a reasonable period of time after the disruption, the party accepting the order shall continue to have the right to full payment.
- The price list of the party accepting the order shall apply that is in force on the date when the order contract is concluded. Changes to the price list shall only affect current orders after a waiting period of three months. Advertising brokers and advertising agencies undertake to abide by the price list of the party accepting the order in their quotations, contracts and account settlements with the advertiser. The agency commission guaranteed by the party accepting the order may not be passed on to parties placing orders either in whole or in part. Orders for which a discount is granted can only be concluded in favour of one and the same natural person or legal entity. Companies in which a majority interest is held can be included in the calculation of the discount.
- Except if the party placing the order pays in advance, the invoice shall be sent immediately, if at all possible, however, 14 days after the first publication of the advertisement. The invoice shall be paid within the period of time indicated in the price list, which starts on the date of the receipt of the invoice, unless a different payment period or prepayment has been agreed in the particular individual case in question. The party placing the order shall only be allowed to set off payments against other claims if these counterclaims have been recognised by a court.
- Default interest at the normal bank rates for personal overdraft facilities as well as the collection costs shall be charged to merchants in cases of a default in payment or extension in the term of payment. If there is a delay in payment, the party accepting the order shall be entitled to suspend further execution of the current order until payment has been made and to demand prepayment of the remaining advertisements.
If justified reasons arise subsequently for doubting the solvency of the party placing the order, the party accepting the order shall be entitled to make the appearance of further advertisements dependent on the payment of outstanding invoice amounts, irrespective of the originally agreed payment period and during the term of a contract too.
- The party accepting the order shall provide a sample of the advertisement placed with the invoice on request. If it is no longer possible to obtain a sample copy, this shall be replaced by a legally binding statement by the party accepting the order about publication of it.
- The place of performance shall be Offenbach am Main / Germany. The place of jurisdiction in the case of legal disputes with merchants who have been entered as such in the commercial register, legal entities under public law and special funds under public law shall be Offenbach am Main / Germany. If the residence or the customary place of abode of the party placing the order is unknown at the time when the suit is filed or if the party placing the order has moved his residence or customary place of abode outside the reach of the law after concluding the contract, the registered office of the party accepting the order shall be arranged as the place of jurisdiction.