General Conditions for Advertisements and Inserts in Journals and Newspapers
- An "Advertisement Application" in the context of the General Conditions below shall be the contract to publish one or more advertisements of an advertiser in a publication for the purpose of distribution.
- In case of doubt, advertisements shall be called for within one year after the publishing agreement is concluded. If the right to call for individual advertisements is reserved in the context of an agreement, the order shall expire within one year after the appearance of the first advertisement as long as the first advertisement is called for and published within the period named in Section 1.
- With agreements, the Customer is also entitled to call for other advertisements in addition to the number of advertisements named in the order within the period agreed upon or that cited in Section 2.
- If an order is not filled for reasons that are not the fault of the Publisher, the Customer, without prejudice to any additional legal obligations, shall pay the Publisher the difference between the promised discount and the discount corresponding to the actual purchase. This payment is not required if the non-fulfillment is due to force majeure within the risk area of the Publisher.
- When calculating the purchase quantities, text millimeter lines shall be converted to advertisement millimeters according to the price.
- Orders for advertisements and inserts, which are expressly to be published exclusively in specific numbers, issues or in specific places of the publication, must be received by the Publisher in sufficient time so that the Customer can be informed before completion of the advertisement if the order cannot be executed in this manner. Categorized advertisements shall be printed in their respective categories without requiring this to be expressly agreed upon.
- Textual advertisements are advertisements that border the text on at least three sides and do not border other advertisements. Advertisements which are not recognizable as advertisements due to their editorial form will be clearly indicated as such by the Publisher with the word "Advertisement".
- The Publisher reserves the right to refuse advertisement orders - as well as individual call-ups within a contract - and insert orders based on the content, the source or the technical form according to uniform, fact-based principles established by the Publisher, if their content violates applicable laws or official regulations or if their publication is unreasonable for the Publisher. This also applies to orders placed by agencies, receiving agents or representatives.
Insert orders are only binding for the Publisher after presentation and approval of a sample of the insert. Inserts, whose format or presentation creates the impression in the reader that they are part of the publication or which contain outside advertisements, shall not be accepted. The Customer will be informed immediately of the refusal of an order.
- The Customer is responsible for the timely delivery of the advertisement copy and error-free print documents or of the insert. For recognizably unsuitable or damaged print documents, the Publisher shall request a replacement immediately.
The Publisher guarantees the usual print quality to the extent possible within the framework of the print documents.
- In case of illegible, incorrect or incomplete printing of the advertisement, in whole or in part, the Customer is entitled to reduce payment or to an error-free replacement advertisement, but only to the extent to which the purpose of the advertisement was impaired. If the Publisher allows a reasonable time period set for this purpose to pass or if the replacement advertisement again contains errors, the Customer has the right to reduce payment or to cancel the order.
Claims for damages arising from positive breach of obligation, negligence in contracting and mishandling are excluded - including orders placed by telephone. Claims for damages due to impossibility of performance and delay are limited to replacement of predictable damages and to the compensation to be paid for the affected advertisement or insert. This does not apply to intentional and gross negligence of the Publisher, its legal representatives and subcontractors. The liability of the Publisher for damages due to lack of promised characteristics shall remain unaffected.
The Publisher is also not responsible for the gross negligence of subcontractors in commercial transactions; in all other cases the liability for gross negligence with respect to businesspersons is limited to the scope of the predictable damages up to the amount of the cost of the affected advertisement.
All complaints - except for non-obvious defects - must be effected within four weeks after receipt of invoice and sample.
- Proofs are provided only by express request. The Customer bears responsibility for the correctness of returned proofs. The Publisher shall take into consideration all error corrections which are communicated to it within the period established when the proof is sent out.
- If no specifications are provided as to size, the invoice shall be based on the standard actual font size according to the type of advertisement.
- If the Customer does not pay in advance, the invoice shall be sent immediately, but no later than fourteen days, after publication of the advertisement when possible.
The invoice shall be paid within the current period as shown in the price list unless a different payment period or prepayment is agreed upon in individual cases. Any discounts for early payment are granted according to the price list.
- In case of delayed or deferred payment, interest and collection fees will be charged. In case of delayed payment, the Publisher can hold back further execution of the current order until payment has been made, and can demand prepayment for the remaining advertisements.
In case of reasonable doubt of the Customer's ability to pay, the Publisher shall be entitled to make the appearance of further advertisements dependent on prepayment of the amount and the settlement of any open invoice amounts, even within the duration of an advertisement contract and without regard to the originally agreed-upon payment terms.
- The Publisher shall deliver a sample of the advertisement with the invoice on request. Depending on the type and scope of the advertisement order, excerpts, sample pages or complete samples may be delivered. If a sample can no longer be obtained, the Publisher shall provide instead a legally binding certification of the publication and distribution of the advertisement.
- Costs for the production of requested print documents and for significant changes desired or caused by the Customer to the advertisements originally agreed upon shall be borne by the Customer.
- In case of an agreement for multiple advertisements, a price reduction can be claimed due to a reduced edition size if the average edition size for the entire insertion year, beginning with the first advertisement, is below the average edition size cited in the price list or in some other manner or - if an edition size is not cited - the average purchased (for technical periodicals the average actually distributed) edition of the last calendar year. A reduced edition is only deficient enough to justify a price reduction if it amounts to
- 20% for an edition of up to 50,000 copies
- 15% for an edition of up to 100,000 copies
- 10% for an edition of up to 500,000 copies
- 5% for an edition of greater than 500,000 copies.
In addition, claims for price reductions are excluded for agreements if the Publisher has notified the Customer of the reduction of the edition in sufficient time for the Customer to withdraw from the contract prior to the appearance of the advertisement.
- For advertisements with box numbers, the Publisher shall apply the diligence of a conscientious business person for the safekeeping and timely forwarding of offers. Certified and express mail in response to such advertisements shall be forwarded using standard mail only. Responses received to advertisements with box numbers shall be retained for four weeks. Replies not received within this period shall be destroyed. The Publisher shall return valuable documents, but is not obligated to do so.
In the interest of and for the protection of the Customer, the Publisher reserves the right to open incoming offers for the purpose of checking and ruling out misuse of the box number service. The Publisher is not obligated to forward commercial appraisal and mediation offers.
- Print documents are returned to the Customer on express request. The obligation of retention shall end three months after the order is completed.
- The place of performance shall be the location of the Publisher.
In commercial transactions with business persons, legal persons under public law or special assets under public law, the place of legal jurisdiction in case of legal action shall be the location of the Publisher.
Should claims of the Publisher not be enforced in collection proceedings, the place of legal jurisdiction for non-business persons shall be determined in accordance with their place of residence.
If the address or habitual place of residence of the Customer is unknown at the time the complaint is made or if the Customer has transferred its address or habitual place of residence outside the jurisdiction of the law after the conclusion of the contract, the place of jurisdiction shall be agreed to be the location of the Publisher.
Wiley-VCH Verlag GmbH & Co. KGaA