I. General Terms and Conditions for Advertisements and Third-Party Inserts in Newspapers and Magazine Publications

These terms and conditions are applicable for use in the advertising and insertions business of the publisher in conjunction with the rate card. Additional conditions of the advertiser which deviate from the terms of the publisher are therefore not legally binding.

1. “Advertising order“ in the intendment of the following general terms and conditions shall be the contract on publishing one of several advertisements of an advertising party or other advertisers in a publication for the purpose of distribution. Advertising orders from agencies shall be accepted in their name and on their account.

2. In case of doubt, advertisements shall be called within one year after concluding a contract.

3. If the right to call individual advertisements has been conceded in the framework of concluding a contract, the order shall be handled within one year since the publication of the first advertisement to the extent that the first advertisement was called and published within the period of time specified in sentence 1. When contracts are concluded, the client shall be entitled to call other advertisements within the period of time agreed upon or specified in sentence 2 even beyond the number of advertisements specified in the order.

4. If an order is not fulfilled under certain circumstances that the publishing house is not responsible for, the client, notwithstanding any other legal obligations, shall reimburse the publishing house for the difference between the reduction granted and the reduction corresponding to the actual procurement. Reimbursement shall not apply if non- compliance is based upon force majeure in the publishing house’s area of risk.

5. The publishing house shall make advertisements that cannot be recognised as such because of their editorial layout clearly recognisable as advertisements with the word “advertisement”.

6. The publishing house reserves the right to accept or reject advertisements or inserts or single orders at its own discretion at any time during the process of concluding a scheduled contract. The publishing house also has the final decision on accepting or rejecting orders that were accepted by its representatives or anyone assisting the company or its representatives. Clients will be immediately informed about a potential cancellation.

7. Orders for inserts shall only be binding for the publishing house after a sample of the insert has been submitted and approved. Clients will be immediately informed if an order is rejected. Inserts that advertise two or more companies will be invoiced as two or more inserts. The publishing house is not responsible for checking the number of inserts submitted. Outsourced inserts must be received by the publishing house within sufficient time before the advertising closure deadline to enable the client to be informed if the order cannot be fulfilled in the manner stated above.

8. The client shall be responsible for delivering the text of the advertisement in due time and the printing documents or inserts being in proper order. The publishing house will request a replacement for printing documents that are recognisably unsuited or damaged. The publishing house shall guarantee the printing quality normal for the attached titles in the framework of the possibilities given by the printing documents.

9. The client shall have a claim to reduction of payment or a flawless substitute advertisement if the print is wholly or partially illegible, incorrect or if the print of the advertisement is incomplete, however only to the extent that the purpose of the advertisement was impaired. If the publishing house allows an appropriate period of time set him for this to expire or if the substitute advertisement is not flawless again, the client shall have the right to reduction of payment or cancelling the order. Claims to compensation for damage from positive breach of an obligation, fault when the contract was concluded and wrongful acts, even if the order was issued by telephone, shall be excluded. Claims to compensation for damage because of the impossibility of performance and delay shall be limited to the remuneration to be paid for the advertisement or supplement concerned. The publishing house shall only be liable in commercially organised business transactions with gross negligence limited to the amount of the remuneration for the advertisement concerned. Complaints have to be as- serted within four weeks after receiving the invoice and document.

10. Proofs shall only be supplied upon express request. The client shall bear the responsibility for the correctness of the proofs sent back. The publishing house shall include all corrections of errors that it is notified of within the period of time set when sending the proof.

11. If no special size specifications have been given, the calculation shall be based upon the actual printing height usual for the type of advertisement.

12. If the client has not made an advance payment, the invoice will be sent immediately, but not later than 14 days after the publication of the advertisement. The invoice must be paid in net cash according to the conditions in the mediapack. The time limit begins on receipt of the invoice, unless a different payment date or advance payment has been agreed in advance.

13. If a special price has been agreed upon, the client forfeits any further listed discounts, such as frequency discounts and agency commission.
14. If there is a delay or a respite in payment, interest shall be charged in accordance with our price list and collection costs. The publishing house may set back the further implementation of the current order until payment is made and it may demand advance payment for the remaining advertisements. If there is a justified reason to doubt the client’s ability to pay, the publishing house shall be entitled to make publishing further advertisements dependant upon advance payment of the amount and settling outstanding amounts invoiced even during the term of an advertisement contract without taking the originally agreed-upon date of due payment into consideration.

15. The publishing house shall supply a proof of advertisement. If it is no longer possible to procure a proof, it shall be replaced by a legally binding certificate of the publishing house on publishing and distributing the advertisement. The publishing house will deliver with the invoice an example of the advertisement, if desired. Depending on the type and measurements, advertisement samples, insert pages or  the full number of inserts will be delivered. If an example is not possible, then the legally binding certificate of the publishing house on publishing and distributing the advertisement takes effect.

16. Printing documents shall only be sent back to the client upon special request. The duty to store shall end three months after the order has expired.

17. The place of fufilment is the publishing house’s principal place of business. In cases involving legal proceedings concerning business transactions with merchants, legal entities of public law or with special funds regulated by public law, the place of jurisdiction  is the headquarters of the publishing house. If the address or usual place of residence of the client, including non commercial persons, is not known at the time of commencement of legal proceedings, or if the client has changed his or her address or usual place of residence beyond the jurisdiction of statutory law, then the local jurisdiction of the place of the publishing house takes effect.

18. Advertising agents and advertising agencies are required to abide by the prices set by the publishing house when making offers, contracts and invoices with advertising clients. 

19. The client bears single responsibility for the contents and the legal permissibility   for the insertion of the text and art materials that are made available. The client is deemed to discharge the publishing house of any claims by third parties that might arise through the infringement of laws or regulations. The publishing house is not  required to verify whether the legal rights of third parties have been infringed by its accepting these materials. In addition, the publishing house is discharged from the costs of any resulting legal defense costs.

20. Terminations of advertisement orders are not possible.

21. The placement of the advertisement is carried out by the publisher and placement requests included in the advertisement order are considered recommendations; the publisher will endeavour to fulfill these requests in the context of the technical and design alternatives. Excluded from these rules are advertisements within specified categories or those which have had a specific placement surcharge.

22. In the case of stoppages or in cases of force majeure, industrial dispute, illegal confiscation, traffic disturbances, general raw material or energy shortage and the like - in both the publishers‘ plant and external plants used by the publishers to fulfill their obligations - the publishers are entitled to demand full payment for the published ads, provided that 80% of the average circulation of the publication sold in the last four quarters has been delivered by the publishers. In the case of lower output by the publishers the invoice amount is to be reduced in direct proportion to the extent to which the guaranteed sold circulation has been reduced.

23. In accordance with §§ 26 and 34 of the Bundesdatenschutzgesetz of 1. 1. 1978 we herewith give notice that we shall be employing electronic data processing for administration and invoicing of the contract. For this purpose we or a third party shall be storing personally applicable data insofar as it is of significance for the performance of the contract.

 

 

§ 1 General

(1) The business relationship between the publishing house NEW IN THE CITY e.K., Kaiser-Wilhelm-Str. 26, 82319 Starnberg (hereinafter referred to as newinthecity.de) and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

(2) Deviating conditions of the Customer are not recognized by newinthecity.de, unless the Provider has confirmed this in writing. Individual agreements between the provider and the customers always have priority.

(3) The customer can retrieve, save and print the order overview as well as these General Terms and Conditions. Otherwise, the text of the contract is not stored by the provider after the conclusion of the contract and is therefore not accessible. The contract language is German.

§ 2 Applicable law, place of jurisdiction

(1) The business relations between the provider and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.

(2) The place of jurisdiction shall be Munich if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.

§ 3 Services of the provider

(1) Customers can purchase print products from the publisher online on the website. These are sent to the customer immediately by mail after receipt of payment.

(2) On the website, customers can purchase digital media, e.g. ebooks, articles, PDFs for private use. The use usually takes place by logging into the password-protected area of newinthecity.de. After logging in, the purchased digital media are available for download on our website for a maximum of 12 months.

(3) The Provider may restrict access to the Website if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so requires. Furthermore, the provider expressly reserves the right to change, supplement or delete parts of the Internet site or the entire offer without prior notice, or to discontinue publication temporarily or permanently. Existing contractual obligations remain unaffected by such measures.

§ 4 Conclusion of the contract

(1) The sale of goods takes place only in household quantities. The presentation of the assortment of newinthecity.de on computers accessible via the Internet does not constitute an offer within the meaning of §§ 145 ff BGB (German Civil Code), but a non-binding invitation to the Customer to order these products.

(2) By sending an order to newinthecity.de via the Internet, e-mail, telephone, fax or other communication channels, the Customer submits a binding offer to conclude a purchase contract with newinthecity.de. The Customer receives a confirmation of receipt of the order by e-mail (order receipt confirmation), in which the order data are listed. This order receipt confirmation does not represent an acceptance of the offer, but is only intended to inform the Customer that the order has been received by newinthecity.de.

(3) The contract with newinthecity.de is concluded when newinthecity.de accepts this offer by sending the ordered product to the Customer or by confirming the shipment to the Customer with a second e-mail (shipping confirmation). No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation. In case of prepayment of the invoice amount, the purchase contract is concluded with the instructed prepayment of the Customer to newinthecity.de.

§ 5 Delivery, shipping costs

(1) newinthecity.de is entitled to make partial deliveries and partial settlements at any time, provided that these are reasonable for the Customer. If partial deliveries are made by newinthecity.de, newinthecity.de will bear the additional postage costs. In case of delivery delays, the Customer will be informed immediately.

(2) The shipping costs to be paid by the customer are already added to the sales price per print issue and can be seen on the final price. The shipping costs vary depending on the country of destination. If shipping costs are incurred as a result of a cancellation of individual or several order items initiated by the Customer after the order has been placed and prior to delivery of the goods, because the order value falls below the limit of no shipping costs, the Customer will be invoiced for the shipping costs accordingly. If newinthecity.de cancels an order item for reasons other than at the Customer's request, e.g. because an item is no longer available, the shipping costs will not be recalculated..

(3) When importing goods into countries outside Germany, export restrictions may exist and import duties may be incurred, which the customer must bear. These vary in different customs territories. The customer is responsible for the proper removal of the necessary customs duties and fees.

(4) If the consumer makes use of his right of revocation according to § 5 of the GTC, he shall bear the costs for the return of the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40.00 Euros or if, in case of a higher price of the goods, the consumer has not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation.

§ 6 Due date, payment and retention of title

(1) newinthecity.de only accepts the payment methods displayed to the Customer in each case during the ordering process. Newinthecity.de always issues an invoice to the Customer, which is handed over to him upon delivery of the goods or - if newinthecity.de has a valid e-mail address of the Customer - is sent to him by e-mail.

(2) All prices include the statutory sales tax.

(3) The purchase price as well as shipping costs, if any, are due upon invoicing, unless payment has been made in advance. In case of payment by direct debit and credit card, the charge will be made on the day of invoicing.

(4) newinthecity.de reserves the right to demand payment in advance in the amount of the order value, especially in cases where open invoices are already in the reminder process at the time the order is received. The same applies if the value of all orders, the total of outstanding invoices or orders already on the shipping route at the time of a new order exceeds an amount of 200.00 EUR. A request to pay in advance will also be sent to any customer whose credit notes reach or exceed 30 percent of their previous total invoice volume. The order will be processed after receipt of payment.

(5) The Customer is entitled to offset only if and to the extent that his counterclaims have been legally established, are undisputed, or have been recognized by newinthecity.de. The Customer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.

(6) Until full payment, the delivered goods remain the property of newinthecity.de.

§ 8 Warranty

(1) newinthecity.de will be responsible for defects that are present at the time of delivery of the goods within the scope of the statutory provisions. For contracts with consumers according to § 13 BGB the warranty period is 2 years from delivery of the goods.

(2) For orders from customers who are entrepreneurs according to § 14 BGB, the warranty period is limited to one year.

§ 9 Liability

newinthecity.de excludes liability for slightly negligent breaches of duty, provided that

(1) this does not concern guarantees or obligations essential to the contract, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely,

(2) it is not a question of damage resulting from injury to life, limb or health,

(3) Claims under the Product Liability Act shall remain unaffected. The same applies to breaches of duty by our vicarious agents.

§ 10 Privacy

(1) See privacy information.

§ 11 General Terms of Use eBook, PDFs

(1) Right of Use, Third Party Access, Duplication, Printing, Storage

The user receives a simple and non-transferable right of use, which entitles him to private use of the eBook and all associated files. The posting of the eBook or the download link on the Internet or other networks against payment or free of charge, the resale and/or any kind of use for commercial purposes are not permitted. The making of copies, printing or saving on other reproduction devices is only permitted for personal use. Third parties may not be given access by doing so. The transfer of the entire eBook into an own print and/or online publication is not permitted. The contents of the eBook may only be copied for private purposes and only in part.

(2) Change of contents

The content of the eBook may not be changed or transformed by the purchaser in terms of content or editing, subject to deviating mandatory legal rules. The Buyer is not authorized to create derivative works based on the content of the Publications or to use such material in a manner that would infringe the copyright in the content. All copyright notices, other on-screen accompanying notices, trademarks, digital watermarks and other legal notices in the retrieved content may not be removed or obscured or altered in any way.

(3) Abuse

The publisher reserves the right to investigate cases of suspected unauthorized use or other breaches of contract and to take appropriate measures, in particular to exclude the purchaser from further use of the licensed eBooks in whole or in part, temporarily or, in the case of serious breaches, permanently.

§ 12 Amendment of these General Terms and Conditions

newinthecity.de reserves the right to change these GTC at any time and without stating reasons. The amended terms and conditions will be sent to users by e-mail no later than two weeks before they come into effect. If a customer does not object to the validity of the new GTC within six weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. The Provider shall separately inform the customers of the significance of the deadline in the e-mail containing the amended terms and conditions.

 

Place of jurisdiction is Munich

Stand: 2023