Terms and conditions

  1. “Media order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements and the insertion of bound inserts and supplements by an advertiser in the publisher’s publications.
    “Media order” within the meaning of the following General Terms and Conditions is also the contract for participation in video and audio formats, for example podcasts, as well as the advertising use of the publisher’s online formats.
  2. In case of doubt, media orders must be completed within one year, unless otherwise agreed when the order is placed.
  3. Proofs shall only be supplied on express request. The client is responsible for the accuracy of the returned proof. If the proof is not returned on time, the approval for printing shall be deemed to have been granted.
  4. The publisher shall guarantee the technically flawless reproduction of the advertisement on the corresponding proof on production paper. The prerequisite for this is the sending of suitable printing material (see details in price list).
  5. ‘Media orders for specific positions’ (special placements) shall only be deemed accepted if the placements have been confirmed in writing by the publisher.
  6. The client shall be entitled to a reduction in payment or a claim for compensation if the advertisement is printed illegibly, incorrectly or incompletely in whole or in part, unless the purpose of the insertion is only insignificantly impaired by the defects. Complaints about defects must be made in writing to the publisher within four weeks of the invoice date at the latest.
  7. If any defects in the printing material are not immediately recognizable, but only become apparent during the printing process, the advertiser shall have no claims in the event of inadequate printing.
  8. Liability for direct or indirect damages arising from breaches of contract shall be limited to the net price of the advertisement in question, unless the damage is due to intentional or grossly negligent breach of contract.
  9. For material provided by the advertiser (bound inserts, supplements, etc.), the publisher assumes no liability for the accuracy of the quantities or qualities designated as delivered.
  10. The publisher reserves the right to reject media orders – including individual call-offs within the scope of a contract – and insert orders on the grounds of their content, origin or technical form in accordance with uniform, objectively justified principles if their content violates laws or official regulations or if their publication by the publisher is unreasonable. This also applies to orders placed with branch offices, receiving offices or representatives. Orders for inserts are only binding for the publisher after submission of a sample of the insert and its approval. Inserts which, due to their format or layout, give the reader the impression that they are part of the newspaper or magazine or which contain third-party advertisements will not be accepted.
  11. Media orders must always be canceled in writing. A media order can be canceled free of charge up to 4 weeks before the publication date (print and e-magazines and newsletters) or start or publication date (videos and website advertising). If the order is canceled more than 2 weeks before the publication date, the publisher will charge the full gross advertising price (100%). Cancellations of print and online advertisements with special placements (including cover pages, special formats and product overviews) as well as for front and inside cover pages and podcasts must be made in writing eight weeks before the start of the booked period. Cancellation less than eight weeks before the start of the booked period is not possible. The order will therefore be charged in full at the agreed price.
  12. The client is responsible for the timely delivery of the advertising media data and flawless print documents or inserts. The running times of the media formats shall begin and end in accordance with the periods booked. This applies to all formats in all publishing media. If the data is delivered to the publisher later than the deadlines published in the media data, the duration of the advertising measure shall be shortened accordingly. Irrespective of this, the publisher shall invoice the booked periods. The publisher shall immediately request a replacement for recognizably unsuitable or damaged advertising media data. The publisher guarantees the usual print quality for the booked title within the scope of the possibilities offered by the print material. Any damages incurred by the publisher as a result of the late submission of print material shall be borne by the client.
  13. The publisher shall deliver digital proofs to the client immediately after publication of the booked media orders. Printed copies will only be delivered at the express request of the customer.
  14. The discounts specified in the advertising price list shall only be granted to advertisers and only for advertisements appearing within one year. The period begins with the publication of the first advertisement, unless otherwise agreed.
  15. If the order is extended, an entitlement to a retroactive discount arises, provided that the basic order was already eligible for a discount: the entitlement expires if it is not asserted at the latest one month after the end of the advertising year. If an order does not reach the planned number of advertisements, the excess discount granted will be invoiced retrospectively.
  16. If the client does not make advance payment, the invoice shall be sent within one week of publication of the advertisement. The invoice must be paid within the period specified in the price list from receipt of the invoice, unless a different payment period or advance payment has been agreed in individual cases.
  17. Interest and collection costs shall be charged in the event of late payment or deferment of payment. In the event of late payment, the publisher may postpone further execution of the current order until payment has been made and demand advance payment for the remaining advertisements. If there are reasonable doubts as to the solvency of the customer, the publisher is entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, regardless of any originally agreed payment terms.
  18. The client shall pay the costs for significant changes to originally agreed designs and for deliveries of ordered artwork and digital data.
  19. In the case of box number advertisements, the publisher shall be responsible for the storage and expedited forwarding of incoming offers. Registered items will only be forwarded by registered mail if the postage amount is also sent. No guarantee can be given for the safekeeping and timely forwarding of offers.
  20. In the event of changes to the advertising price list, the new conditions shall also apply to current orders.
  21. A reduction in circulation shall only affect the contractual relationship if a circulation figure has been guaranteed and this falls by more than 20 %.
  22. Text advertisements that are not recognizable as advertisements due to their design shall be clearly identified as advertising.
  23. If a media order cannot be published due to force majeure, strike or the like, the publisher shall not be liable to the client.
  24. Advertising intermediaries and advertising agencies are obliged to adhere to the publisher’s price list in their offers, contracts and invoices with advertisers. The intermediary fee granted by the publisher may not be passed on to the customer, either in whole or in part.
  25. The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
  26. Place of performance and jurisdiction is Kaufbeuren. Only the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German. Insofar as claims of the publisher are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the domicile or habitual residence of the client is unknown at the time the action is brought or if the client has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the publisher
  27. If a clause is invalid, the validity of the remaining provisions shall remain unaffected.