TeDo Verlag GmbH
Phone: +49 6421 3086-0
Fax: +49 6421 3086-180
„Advertising order“ in the sense of the following General Terms and Conditions means the contract for the publication of one or more advertisements by an advertiser in publications of the publishing company or the contract for the addition of supplements or inserts to such publications for the purpose of distribution.
In case of doubt, advertisements are to be called up for publication within one year after conclusion of the contract. If the right to call up single advertisements is granted within the framework of a contract, the order must be processed within one year of publication of the first advertisement, provided that the first advertisement is called up and published within the period specified in sentence 1.
In the case of contracts, the client is entitled to call up further advertisements beyond the quantity of advertisements specified in the order within the agreed period or the period specified in item 2.
If an order is not fulfilled for reasons for which the publisher is not responsible, the customer must refund to the publisher the difference between the discount granted and the discount corresponding to the actual purchase, without prejudice to any further legal obligations. The refund does not apply if the non-fulfilment is due to force majeure in the risk area of the publisher.
Orders for advertisements, bound inserts and external inserts which are declared to be published exclusively in certain numbers, certain editions or at certain positions in the publication must be received by the publisher in sufficient time for the customer to be informed before the advertising deadline if the order cannot be executed in this way.
Advertisements will only be accepted at certain positions if these special placements have been confirmed by the publisher in written form.
Cancellation of booked advertisements must always be made in written form, fax or e-mail is sufficient. Cancellation of advertisements already booked is possible free of charge up to 14 days before the advertising deadline, according to media data. Cancellation 13 to 7 days before the advertising deadline will be charged with a cancellation fee of 50% of the gross advertising price. For cancellations received later than 7 days before the advertising deadline, the publisher can charge the full gross advertising price.
There is no right of withdrawal for print and online advertisements with special placements (including cover pages, special formats and product overviews) as well as for title and interior title pages. Cancellations of online advertisements must be made in written form eight weeks before the start of publication. Cancellation less than eight weeks before the start of the placement is not possible. The advertisement will thus be charged in full at the agreed advertisement price.
The publisher reserves the right to reject advertising orders – including single call-offs within the scope of a contract – and supplement orders due to their content, origin or technical form according to uniform, factually justified principles of the publisher if their content violates laws or official regulations or their publication by the publisher is unreasonable. This also applies to orders placed with branch offices, acceptance offices or representatives. Orders for inserts are only binding for the publisher after presentation of a sample of the insert and its approval. Inserts which, due to their format or presentation, give the reader the impression of being part of the magazine or contain third-party advertisements will not be accepted.
The client is responsible for the timely delivery of the advertisement text and flawless printing documents or inserts. The publisher will immediately request a replacement for noticeably unsuitable or damaged printing documents. The publisher guarantees the usual printing quality for the title used within the scope of the possibilities provided by the printing documents. Damages incurred for the publisher due to the late submission of printing documents are to be paid by the customer.
In case of illegible, incorrect or incomplete printing of the advertisement, in whole or in part, the customer is entitled to a reduction in payment or a faultless replacement, but only to the extent that the purpose of the advertisement has been impaired. If the publisher fails to meet a reasonable deadline for this purpose or if the replacement advertisement is again not faultless, the customer is entitled to a reduction in payment. Claims for damages arising from positive breach of claim, faults upon conclusion of the contract and unauthorised actions are – even when placing an order by telephone – excluded; claims for damages arising from impossibility of performance and delay are limited to compensation for the foreseeable damage and the remuneration paid for the relevant advertisement or supplement. This does not apply to intent and gross negligence of the publisher, his legal representative and his vicarious agent. The Publisher’s liability for damages due to the absence of warranted characteristics remains unaffected. The publisher is only liable for faults of any kind resulting from telephone transmission in the event of intent or gross negligence. In commercial business transactions, the publisher shall also not be liable for gross negligence on the part of vicarious agents; in other cases, liability towards merchants for gross negligence is limited to the foreseeable damage up to the amount of the relevant advertising fee. Complaints must be made within four weeks of receipt of the invoice, except in the case of non-obvious defects.
If advertising motifs are transmitted digitally by the customer, the liability of the publisher for completely or partially illegible, incorrect or incomplete reproduction of the corresponding advertisements is excluded.
For material provided by the customer (bound inserts, supplements, etc.), the publisher assumes no guarantee for the correctness of the quantities or qualities designated as delivered.
TeDo Verlag assumes that the image and copyright of data received by TeDo Verlag from third parties is held by the sender or his employer, unless otherwise indicated. TeDo Verlag assumes no liability if a warning notice is issued in such a case.
Proofs will only be supplied upon explicit request. The customer is responsible for the correctness of the returned proofs. The publisher will consider all error corrections that are reported to him within the deadline set in the proof.
If no special size regulations are given, the calculation is based on the usual print height for this type of advertisement.
If the client does not pay in advance, the invoice will be sent immediately, if possible 14 days after publication of the advertisement. The invoice is to be paid within the period indicated in the price list, running from receipt of the invoice, unless a different payment period or advance payment has been agreed in individual cases. Any discounts for early payment are granted according to the price list.
In the event of default or deferment of payment, interest 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 advertisements. If there are justified doubts about the solvency of the customer, the publisher is entitled to make the publication of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, irrespective of any originally agreed payment terms. This also applies during the term of an advertisement contract.
Upon request, the publisher supply a copy of the advertisement with the invoice. Depending on the type and scope of the advertisement order, excerpts of advertisements, document pages or complete document numbers are delivered. If a document can no longer be provided, it is replaced by a legally binding certificate from the publisher confirming the publication and distribution of the advertisement.
Costs for the production of ordered artwork as well as for substantial changes to originally agreed designs requested or for which the customer is responsible are charged to the customer.
In the case of numerical advertisements, the publisher exercises the care of a prudent businessman for the safekeeping and timely forwarding of the offers. Registered letters and express letters on numerical displays are only forwarded by normal mail. Receipts on numerical displays are kept for four weeks. Submissions that are not collected within this period will be destroyed. The publisher will return valuable documents without being obliged to do so. In the interest and for the protection of the customer, the publisher reserves the right to open the incoming offers to prevent misuse of the number service for verification purposes. The publisher is not obliged to pass on business promotions and brokerage offers.
CDs will only be returned to the client on special request. The storage obligation ends three months after expiry of the order.
Advertising agents and advertising agencies are obliged to stick to the publisher’s price list in their offers, contracts and invoices with the advertisers. The agency fee granted by the publisher may not be passed on to the customer in whole or in part.
Place of performance and jurisdiction is the registered office of the publisher. Insofar as the publisher’s claims are not asserted in the dunning procedure, the place of jurisdiction for non-merchants is determined by their place of residence. If the domicile or habitual abode of the client is unknown at the time the lawsuit is filed, or if the client has moved his domicile or habitual abode out of the scope of application of the law after conclusion of the contract, the place of jurisdiction is agreed to be the registered office of the publisher.
In the event of partial or total invalidity of any provision, the validity of the remaining provisions will remain unaffected.