General terms and conditions for advertisements and loose inserts
(October 2018)
1. An “order” in the sense of the general terms and conditions that follow is a contract relating to the release of one or more advertisements and/or loose inserts of an advertiser in a publication of the publisher for the purpose of distribution in printed or digital form. Orders are accepted solely when directed to BahnWerk-Verlag Peter Lindemann e. K., no advertising agents or brokers being involved. Orders are deemed valid only when accepted and confirmed in writing by the publishing company.
2. The publishing company reserves the right to accept or decline the publication of an advertisement or loose insert. The company reserves the right not to publish when the form and/or content of an advertisement or loose insert does not comply with laws and public regulations or damages the financial interests of the publisher. Loose inserts have to be presented at least 14 days prior to the deadline as a sample. Copy must be in conformity with editorial content and no third party advertisements in loose inserts are accepted. Advertisers are immediately informed if their advertisement or loose insert is being declined.
3. Advertisements or loose inserts that are determined for a certain place in the magazine or for a certain time of publication have to be made available to the publishing company at least 14 days prior to the deadline. The client has no entitlement to a placement in a certain position in the magazine. The sequence of submission governs the priority of positioning requests. Advertisements that cannot be positioned as requested are only published elsewhere in the magazine with the approval of the client.
4. All advertisements are indicated with the word “Anzeige” (advertisement) if they cannot clearly be identified as such by their content (Hamburgisches Pressegesetz §10 / §10 Hamburg Press Act).
5. The client is responsible for the punctual delivery of correct and complete print masters. Advertisements that are to be designed by the publishing company have to be ordered 14 days prior to the deadline. Drafts are submitted to the advertiser in electronic form for approval. The publishing company has no liability for errors in content. Print quality is guaranteed to the usual standards of the publication as far as the quality of the master permits.
6. Masters or storage devices are not returned to the client, nor are they retained by the publishing company for possible future orders.
7. If BahnWerk-Verlag Peter Lindemann e. K. is unable to fulfil the order due to the negligence of the client, i.e. the delayed or incomplete delivery of the master, full payment is demanded. This does not apply if non-fulfilment is due to force majeure or the part of the publishing company.
8. In the event of wholly or partly illegible reproduction of an advertisement or textual differences from the released data, the client may demand a substitute advertisement is printed, provided the reasons lie within the responsibility of the publishing company. The client must report to the publishing company evident insufficiencies within four weeks after the receipt of the specimen copy. The liability of the publisher is limited to the fee for the advertisement or loose insert payable by the client. In business dealings the publisher is not liable for gross negligence of vicarious agents.
9. Advertising rates with all surcharges and rebates are published by the publisher via the media data and advertisement price lists. Prices are valid regardless of actually printed, sold or distributed circulation. All prices are understood as net prices, plus applicable VAT.
10. The invoice is presented to the client together with the specimen issue. This is to be paid in full within 14 days. The publishing company reserves the right to request advance payment. For discounted advertisements in consecutive publications, the invoice is presented with the first printing for all placements of this order.
11. Interest fees and bank collection charges are added in the event of any payment delays. The publishing company reserves the right to postpone current orders until payment is made and request advance payment for the remaining part of the order.
12. The place of jurisdiction and fulfillment for both parties is that of the registered office of the publisher.
13. The assignment of rights and obligations arising from agreements with third parties is excluded.
14. Any inoperativeness of a term or condition of these terms and conditions shall not affect the operativeness of the remaining terms and conditions. An inoperative term and condition is to be replaced by a term and condition that comes closest to the intended business import of the term and condition now considered inoperative. The same applies if these terms and conditions should prove to be incomplete.