General Terms and Conditions for Editorial Contributions

Terms & Conditions

1.

The term “Advertising Order” within the meaning of the following Terms and Conditions shall refer to the contract for the publication of one or more advertisements by an advertiser or other client in a publication of bulkmedia – division of bsb-communication group for the purpose of distribution.

2.

Unless otherwise agreed, advertisements must be called off for publication within one year of the conclusion of the contract. If the contract grants the right to call off individual advertisements, the order must be fulfilled within one year of the publication of the first advertisement, provided that the first advertisement is called off and published within the period specified in sentence 1.

For electronic advertisements, a processing period of 14 days from order placement and confirmation is assumed until entry into the web portal powderbulkprocess.com and the start of the agreed term.

3.

In the case of framework agreements, the client is entitled to call off additional advertisements beyond the quantity specified in the order within the agreed period or the period specified in Clause 2.

4.

If an order is not fulfilled for reasons beyond the control of bulkmedia – division of bsb-communication group, the client shall reimburse the publisher for the difference between the discount granted and the discount corresponding to the actual volume purchased, without prejudice to any further legal obligations.

This reimbursement shall not apply if the non-performance results from force majeure within the publisher’s area of risk.

5.

Orders for advertisements and inserts that are intended for publication exclusively in specific issues, editions or positions within a publication must be received by the publisher in sufficient time so that the client can be informed before the advertising deadline if the order cannot be executed as requested.

Classified advertisements shall be published under the corresponding category without requiring an explicit agreement.

1.

Advertisements that are not recognizable as advertisements due to their editorial design shall be clearly marked by the publisher with the word “Advertisement”.

2.

bulkmedia – division of bsb-communication group reserves the right to reject advertisement and insert orders, including individual call-offs under a framework agreement, on the basis of their content, origin or technical form, according to uniform and objectively justified principles of the publisher, if their content violates laws or official regulations, or if publication is unreasonable for the publisher.

Orders for inserts shall only become binding upon submission and approval of a sample copy. Inserts that, due to their format or appearance, may lead readers to believe they are part of the publication shall not be accepted.

Rejection of an order shall be communicated to the client without delay.

3.

The client is responsible for the timely delivery of advertisement copy, print-ready materials or inserts. In the case of obviously unsuitable or damaged materials, bulkmedia – division of bsb-communication group shall request replacement without delay.

The publisher guarantees the print quality customary for the respective publication within the limits of the materials supplied.

4.

If an advertisement is printed wholly or partially illegibly, incorrectly or incompletely, the client shall be entitled to a reduction in payment or a replacement advertisement free of defects, but only to the extent that the purpose of the advertisement has been impaired.

If the publisher fails to provide such replacement within a reasonable period or if the replacement is also defective, the client shall be entitled to a reduction in payment or cancellation of the order.

If an advertisement appears in a smaller format than agreed, an advertising effect shall nevertheless be deemed to have occurred and the client may reduce the invoice amount by no more than 25%.

Claims for damages arising from breach of contract, fault at the time of contracting, or tort are excluded, including in the case of telephone orders.

Claims for damages arising from impossibility of performance or delay are limited to foreseeable damages and to the amount payable for the advertisement or insert concerned.

This limitation shall not apply in cases of intent or gross negligence by the publisher, its legal representatives or vicarious agents.

Liability for the absence of guaranteed characteristics remains unaffected.

In commercial transactions, bulkmedia – division of bsb-communication group shall also not be liable for gross negligence by vicarious agents; in all other cases involving merchants, liability for gross negligence shall be limited to foreseeable damages up to the amount of the advertising fee.

Complaints must be submitted within four weeks of receipt of the invoice and proof copy, except in the case of hidden defects.

5.

Proofs shall only be supplied upon explicit request. The client shall be responsible for checking the accuracy of returned proofs.

The publisher shall consider all corrections communicated within the deadline specified when the proof is sent.

6.

Unless specific size requirements are agreed, the calculation shall be based on the actual publication size customary for the type of advertisement concerned.

1.

Unless advance payment has been agreed, invoices shall be issued immediately, preferably within eight days of publication of the advertisement, together with a proof copy.

Payment is due within the period stated in the applicable price list, unless another payment term or advance payment has been agreed in individual cases.

Any discounts for early payment shall be granted in accordance with the price list. Cash discounts are not granted, as all discounts are specified in the order confirmation.

Orders may only be cancelled in writing, by fax or e-mail, and no later than the editorial deadline. If the advertisement has already gone to press, the client remains liable for payment. Otherwise, the publisher may claim reimbursement of costs incurred up to the cancellation date in accordance with statutory provisions.

2.

In the event of late payment or deferred payment, interest and collection costs shall be charged.

In the event of default, the publisher may suspend further execution of current orders until payment has been made and may require advance payment for remaining advertisements.

If there are justified doubts about the client’s creditworthiness, bulkmedia – division of bsb-communication group shall be entitled, even during the term of an advertising agreement, to make the publication of further advertisements dependent on advance payment and settlement of outstanding invoices, irrespective of any originally agreed payment terms.

1.

Upon request, bulkmedia – division of bsb-communication group shall provide proof of publication with the invoice.

Depending on the type and scope of the order, advertisement clippings, proof pages or complete specimen copies may be provided.

If no proof copy can be obtained, a legally binding certificate issued by the publisher confirming publication and distribution of the advertisement shall be provided instead.

2.

The client shall bear the costs for the preparation of ordered print materials and for substantial modifications requested by or attributable to the client after the original agreement.

3.

In the case of contracts covering multiple advertisements, a claim for price reduction due to a reduction in circulation may only arise if the average circulation stated in the price list or otherwise announced, or, if no circulation is specified, the average sold circulation (or for trade journals, the average actually distributed circulation) of the previous calendar year, is not achieved over the entire insertion year beginning with the first advertisement.

Furthermore, claims for price reductions are excluded if the publisher informs the client of the decline in circulation in sufficient time to allow withdrawal from the contract before publication.

4.

For box number advertisements, the publisher shall exercise the due care of a prudent merchant in storing and forwarding responses.

Registered and express letters relating to box number advertisements shall be forwarded via normal postal channels only.

Responses shall be retained for four weeks. Correspondence not collected within this period shall be destroyed.

Valuable documents shall be returned without any obligation to do so.

In the interests and protection of the client, the publisher reserves the right to open incoming responses for inspection to prevent misuse of the box number service.

The publisher is not obliged to forward commercial promotions or brokerage offers.

5.

Print materials shall only be returned to the client upon specific request. The publisher’s obligation to retain such materials ends three months after completion of the order.

6.

The place of performance shall be the registered office of bulkmedia – division of bsb-communication group in Germany.

In business transactions involving merchants, legal entities under public law or special public-law funds, the place of jurisdiction shall be the publisher’s registered office in Germany.

If claims by the publisher are not pursued through payment order proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence.

If, at the time legal proceedings are initiated, the client’s residence or habitual place of residence is unknown, or if the client has moved such residence outside the scope of the applicable law after conclusion of the contract, the registered office of bulkmedia – division of bsb-communication group in Germany shall be agreed as the place of jurisdiction.