General terms and conditions
Address of the company
TeDo Verlag GmbH
P.O. Box 2140
D-35009 Marburg, Germany
Phone: +49 06421 3086-0
Fax: +49 06421 3086-380
Sales tax identification number according to § 27 a sales tax law: DE206476125
“Advertisement order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements by an advertiser or other advertiser in publications of the Publisher or the contract for the attachment of inserts or inserts to such publications for the purpose of distribution.
In case of doubt, advertisements shall be called for publication within one year of conclusion of the contract. If the right to retrieve individual advertisements is granted within the framework of a contract, the order shall be processed within one year of the publication of the first advertisement, provided that the first advertisement is retrieved and published within the period specified in sentence 1.
In the case of contracts, the client shall be entitled to call for further advertisements within the agreed period or within the period specified in section 2 beyond the quantity of advertisements specified in the order.
If an order is not fulfilled due to circumstances beyond the control of the Publisher, the Customer shall, without prejudice to any further legal obligations, reimburse the Publisher for the difference between the discount granted and the discount corresponding to the actual acceptance. The reimbursement shall not apply if the non-fulfilment is due to force majeure within the publisher’s sphere of risk.
Orders for advertisements, bound-in inserts and third-party inserts, which are declared to be published exclusively in specific issues, specific editions or at specific places in the publication, must be received by the publisher in good time so that the customer can be notified 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 in writing by the publisher in each case.
A cancellation of booked advertisements must always be made in writing, fax or e-mail is sufficient. Cancellation of advertisements already booked is possible free of charge up to 14 days prior to the advertising deadline, according to media data. Cancellation 13 to 7 days before the advertising deadline will incur a cancellation fee of 50% of the gross advertising price. For cancellations received later than 7 days prior to the advertising deadline, the publisher may 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) or for title and inside title pages. Cancellations of online advertisements must be made in writing eight weeks before the start of placement. Cancellation less than eight weeks before the start of placement is not possible. The advertisement will therefore be charged in full at the agreed advertising price.
The Publisher reserves the right to reject advertising orders – including individual call-offs within the framework of a contract – and insert orders on the basis of their content, origin or technical form in accordance with uniform, objectively justified principles of the Publisher if their content violates laws or official regulations or if their publication by the Publisher is unreasonable. This shall also apply to orders placed with branch offices, receiving offices or representatives. Orders for inserts shall not be binding on the Publisher until a sample of the insert has been submitted and approved. Inserts which, due to their format or presentation, give the reader the impression of being part of the newspaper or magazine or which contain third-party advertisements shall not be accepted.
The customer shall be responsible for the timely delivery of the advertisement text and faultless printing documents or inserts. The publisher shall immediately request a replacement for recognisably unsuitable or damaged print documents. The publisher guarantees the usual print quality for the title used within the scope of the possibilities offered by the print documents. Any damage incurred by the Publisher due to the late submission of printing documents shall be borne by the Client.
If the advertisement is printed illegibly, incorrectly or incompletely in whole or in part, the customer shall be entitled to a reduction in payment or a faultless replacement advertisement, but only to the extent that the purpose of the advertisement has been impaired. If the Publisher allows a reasonable period of time set for this purpose to elapse or if the replacement advertisement is again not faultless, the Client shall be entitled to a reduction in payment. Claims for damages arising from positive breach of contract, culpa in contrahendo and tort are excluded – even in the case of orders placed by telephone; claims for damages arising from impossibility of performance and default are limited to compensation for foreseeable damage and to the fee payable for the advertisement or insert in question. This does not apply to intent or gross negligence on the part of the publisher, his legal representative or his vicarious agent. Any liability of the Publisher for damages due to the absence of warranted characteristics shall remain unaffected. The Publisher shall only be liable for errors of any kind arising from transmission by telephone 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 all other cases, liability for gross negligence on the part of merchants shall be limited in scope 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 and receipt, except in the case of non-obvious defects.
If advertising motifs are transmitted digitally by the client, the publisher’s liability for completely or partially illegible, incorrect or incomplete reproductions of the corresponding advertisements is excluded.
For material provided by the client (bound-in inserts, inserts, etc.), the publisher does not guarantee the correctness of the quantities or qualities designated as delivered.
The TeDo Verlag assumes that picture rights and copyrights of data, which the TeDo Verlag receives from third parties, lie with the sender or his employer, if the data are not marked otherwise. The TeDo Verlag does not assume any liability if in such a case there is a warning action.
Proofs will only be supplied upon express request. The client is responsible for the correctness of the returned proofs. The Publisher shall take into account all error corrections that are notified to it within the period set when the proof is sent.
If there are no special size regulations, the actual print height customary for the type of advertisement shall be used as the basis for the calculation.
If the client does not pay in advance, the invoice will be sent immediately, but if possible 14 days after publication of the advertisement. The invoice is to be paid within the period indicated in the price list and running from receipt of the invoice, unless another payment period or advance payment has been agreed in individual cases. Any discounts for early payment shall be granted in accordance with the price list.
In the event of late payment or deferment of payment, interest and collection costs shall be charged. In the event of default in 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 is justified doubt as to 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 the settlement of outstanding invoice amounts, even during the term of an advertising contract, irrespective of any originally agreed payment period.
Upon request, the Publisher shall deliver a copy of the advertisement with the invoice. Depending on the type and scope of the advertising order, advertising clippings, pages or complete voucher numbers shall be supplied. If a voucher can no longer be procured, it shall be replaced by a legally binding confirmation from the Publisher of the publication and distribution of the advertisement.
The customer shall bear the costs for the production of ordered artwork as well as for substantial changes to originally agreed versions requested by the customer or for which the customer is responsible.
In the case of numerical advertisements, the Publisher shall exercise the diligence of a prudent businessman for the safekeeping and timely forwarding of offers. Registered letters and express letters in response to numbered advertisements shall only be forwarded by normal mail. Receipts in response to numbered advertisements shall be kept for four weeks. Letters which are not collected within this period will be destroyed. The publisher shall 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 incoming offers to eliminate misuse of the number service for verification purposes. The Publisher shall not be obliged to pass on business promotions and mediation offers.
CDs will only be returned to the customer upon special request. The obligation to store the CDs ends three months after the order has expired.
Advertising intermediaries and advertising agencies are obliged to adhere to the publisher’s price list in their offers, contracts and settlements with advertisers. The intermediary fee granted by the publisher may not be passed on to the customer either in whole or in part.
The place of performance and jurisdiction shall be the registered office of the Publisher. Insofar as claims of the Publisher are not asserted in the dunning procedure, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the Customer’s place of residence or habitual abode is unknown at the time the action is brought or if the Customer has removed his place of residence or habitual abode from the scope of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the Publisher.
In the event of partial or complete invalidity of individual provisions, the validity of the remaining provisions shall remain unaffected.