Conditions

1. The Publisher reserves the right to use his discretion in the acceptance, rejection or cancellation of advertisements or inserts – including individual advertisements within a single order. The Publisher also reserves the right to accept or reject individual advertising texts following acceptance of an advertising order. Acceptance or rejection can be based on the application of uniform principles because of the content, origin or technical specifications of the advertisement. Orders for the inclusion of inserts shall not be binding until a sample has been submitted and may not contain advertisements from third parties. The Publisher also reserves the right to reject orders for advertisements taken by representatives of the Publisher or other recipients of orders. Customers shall be informed immediately in the event that an order is rejected. Binding orders cannot be cancelled, even if the internal layout, appearance, scope, title or ownership of the periodical is changed, or if individual drafts of advertisements have been rejected by the Publisher in accordance with the second sentence of Point 1. If the advertising charges are changed, the new charges also apply to current orders, with immediate effect for price reductions, and with one month’s delay for price increases. The masthead of the periodical lists the charges valid at the time of publication.
   
   
2. Customers are responsible for furnishing the Publisher with advertising copy within the requisite period of time. The costs for drafts, fair copy etc. are not included in the advertising charges. If Customers do not supply print materials, they shall therefore bear the expenses for those required. All printed materials shall be archived for a maximum of three months after fulfilment of the contract.
   
   
3. The Publisher cannot accept responsibility for errors arising from information given in telephone calls or any form of correspondence or for the accuracy of translations of advertising copy.
   
   
4. Unless otherwise agreed, advertisements appear continuously from the next edition of the periodical. The Publisher reserves the right to postpone the date of issue for technical or other reasons. No guarantee can be given that advertisements shall appear at specified sites or in specified editions. If contracts for advertisements nevertheless contain specified sites, the contract for the advertisement is still binding under any circumstances, even if the specified site is not available. Advertisements contracted to be at specific sites shall be charged at the valid rates. It is not possible to exclude competitor companies. Advertisements which would not be recognisable as such by the reader because of their editorial form shall be identified as such by the addition of the word ‘Anzeige’ (advertisement) by the Publisher.
   
   
5. The Publisher guarantees that the print quality of the advertisement shall be the best possible within the given timeframe. Any complaints should be addressed in writing to the Publisher at the latest 30 days after the appearance of the advertisement or date of the invoice. If any deficiencies in the print materials cannot be identified immediately and only become obvious when the printing actually occurs, the Customer has no redress if the print quality is deficient. In all other cases, in the event that the reproduction of the advertisement is partially or totally illegible, incorrect or incomplete, the Customer shall be entitled to compensation in the form of replacement advertising space at no charge, however only to the extent that the purpose of the advertisement was diminished as a result. The Publisher is liable only to this extent. The absence of proofs or incorrect proofs do not entitle the Customer to a claim.
   
   
6. Liability for damages as a result of a positive breach of contract, culpa in contrahendo or tortious conduct – including with orders placed over the telephone – shall be excluded. Damages arising from impossibility and default shall be restricted to compensation for foreseeable loss or damage and the fee payable for the advertisement or insert in question. This shall not apply to wilful intent or gross negligence on the part of the Publisher, his legal representative or his agents. This provision shall have no effect on compensation for damage or loss incurred as a result of non-compliance with any warranty given. Furthermore, with respect to commercial transactions, the Publisher shall not be liable for the gross negligence of his employees. In all other cases, liability towards business persons for gross negligence shall be restricted to the foreseeable damage or loss incurred up to the amount due for the advertisement in question. With the exception of non-apparent faults, all claims shall be entered within four weeks of receipt of the invoice and the voucher copy.
   
   
7. Customers placing advertisements have the right to cancel the advertisement provided the Publisher is informed of this in writing at least 8 weeks before the date of issue of the periodical in question. The cancellation is only valid of it is confirmed in writing by the Publisher. The Publisher has the right to charge the Customer any costs already incurred for the preparation of the advertisement, print materials, fair copy, and typesetting and lithography costs.
   
   
8. Sample proofs shall only be supplied at the Customer’s express request. The Customer bears the responsibility for the accuracy of the sample proofs returned. If Customers do not return sample proofs sent to them in good time by the Publisher within the requisite period of time, the Publisher shall assume that the proofs have been approved and they shall be used as final copy.
   
   
9. The Customer is responsible for ensuring that the contract is fulfilled within the requisite period of time. The Publisher is not liable should any deadlines not be adhered to by the Customer. If the circulation of the periodical decreases, this has an effect on the contract only if a specified circulation has been guaranteed and the actual circulation is more than 20% below this.
   
   
10. In cases of doubt, contracts for advertisements must be fulfilled within one year of signing of the contract. In cases of doubt, the advertisement is published at even intervals over the agreed advertising period. The discounts given in the list of advertising charges are granted only for series of advertisements from a Customer that appear within a period of one year in a periodical. This period begins with the appearance of the first advertisement, unless the contract determines in writing a different starting time. In the case of multiple advertisements, the discount shall be based on the total amount. If a larger format is selected for one advertisement in a series, this shall still represent only one advertisement, unless the total millimetre length justifies a higher discount. If fewer advertisements than agreed are inserted within a period of one year, the Publisher has the right to reimbursement of the difference between the discount given and the discount corresponding to the actual number of advertisements based on the list of charges.
    
    
11. In their offers, contracts and invoices, advertising contractors and agencies are obliged to comply with the Publisher’s list of charges. The agency commission granted by the Publisher shall not be passed on to the Customer either in part or in full.
    
    
12. The Advertiser has a retrospective right to the discount corresponding to the actual number of advertisements which appear within a period of one year, if the contract signed at the beginning of this period incorporates the possibility of discount. The right to extended discount expires if it is not claimed within one month of the end of the advertising year. Retrospective discount on advertisements shall be paid in cash if claimed. It is the duty of the Advertisers to demonstrate their right to discount.
    
    
13. The contract is not invalidated if the publication of a series of adverts was demonstrably interrupted on a temporary basis by force majeure, strikes, lockouts, or for technical reasons. In such cases, the period of the contract is extended accordingly. Claims for damages are excluded.
    
    
14. If a contract is not fulfilled, wholly or in part, due to reasons beyond the control of the Publisher, the Customer is still liable to pay the full price for the advertisement. Residual invoices due, which, under certain circumstances, may only be able to be made out initially for partial amounts, must be paid in accordance with point 17, regardless of whether the entire advertising period has passed or not.
    
    
15. The cession of claims from the advertising contract on the part of the Customer is excluded.
    
    
16. The Publisher assumes no responsibility for the storage and timely forwarding of responses to box number advertisements. Registered letters and express letters in response to box number advertisements can only be sent by standard post. In the interests of Customers and for their protection, the Publisher reserves the right to open the responses received to exclude the possibility of abuse of the box number service. The Publisher is not bound to forward business recommendations or offers to act as agents. Responses to box number advertisements shall be stored for four weeks. Responses that cannot be forwarded during this period shall be destroyed. Documents of value shall be returned, although the Publisher is not bound to do this.
    
    
17. On request, the Publisher shall issue a voucher copy of the advertisement after its appearance. The Customer shall receive a complete voucher issue of the periodical, in so far as the size of the advertising contract justifies this. In the event that a sample of the advertisement in question is no longer available, a duly signed certificate that the advertisement in question has been published and circulated shall be issued in lieu thereof.
    
    
18. Advertisements shall be invoiced according to page fractions. Occasional advertisements shall be charged according to the actual height published.
    
    
19. If the Customer does not pay a deposit in advance, the invoice shall be issued at the latest at the end of the month in question. The invoice must be paid within the requisite period given in the list of charges, if no prepayment was agreed. Any discount given for early payment shall be in accordance with the list of charges.
    
    
20. Late or deferred payments shall be subject to interest 1% higher than the valid base rate of the Federal German Bank plus administrative costs. The Publisher can defer further fulfilment of the contract until payment is made, and can require advance payment. In the case of bankruptcy, the entire amount for advertisements that have not yet appeared becomes due immediately, even if § 17 Sec. 1 of the Bankruptcy Regulations (Konkursordnung) applies. Any discount granted does not apply in the case of bankruptcy, receivership or legal proceedings.
    
    
21. If any of the provisions in these General Terms of Business does not apply or becomes invalid, all other terms of the contract and provisions of these General Terms of Business still apply.
    
    
22. In doing business with Customers, GIT VERLAG stores relevant data for automatic processing.
    
    
23. The place of delivery and sole place of jurisdiction for all contracts is Darmstadt Municipal Court, regardless of the amount in question.