Imprint

Angaben gemäß § 5 TMG

Main Office
Djer­ane BB
85360 Ulcinj
Montenegro

Branch
Bach­straße 32
70563 Stuttgart
Deutschland

Rep­re­sent­ed by:
Ali­ja Palevic

Con­tact:
+49 711 93 59 27–40
info@fachwelt-verlag.de
www.FACHWELT-VERLAG.de

CEO:
Ali­ja Palevic

Edi­to­r­i­al:
Mehdi­je Palevic

VAT No:
03365522

Respon­si­bil­i­ty for con­tent § 55 Abs. 2 RStV:

CEO
Ali­ja Palevic
+49 711 93 59 27–41
ap@fachwelt-verlag.de

Key Account Manager
Mehdi­je Palevic
+49 711 93 59 27–42
mp@fachwelt-verlag.de

Gen­er­al Terms and Con­di­tions for Adver­tis­ing in the Media of FACHWELT VERLAG

I. Scope of Appli­ca­tion, Scope of Validity

a. These Gen­er­al Terms and Con­di­tions (here­inafter referred to as “GTC”) apply to all adver­tis­ing orders in the print edi­tion of the mag­a­zine INDUSTRY24H, as well as the online por­tal www.INDUSTRY24H.com and the newslet­ter (here­inafter referred to as “INDUSTRY24H”) of the oper­a­tor and provider FACHWELT VERLAG, head office Djer­ane BB, 85360 Ulcinj, Mon­tene­gro, busi­ness own­er Ali­ja Pale­vic by the orderer/ cus­tomer (here­inafter referred to as “Cus­tomer”).

b. An adver­tis­ing order with­in the mean­ing of the fol­low­ing GTC is the con­tract for the place­ment of one or more adver­tis­ing media in print media or the inser­tion of adver­tis­ing brochures or online ser­vices of INDUSTRY24H for the pur­pose of distribution.

c. All orders and oth­er busi­ness rela­tion­ships are based exclu­sive­ly on these GTC. INDUSTRY24H does not accept any devi­at­ing con­di­tions, unless it has express­ly agreed to these devi­at­ing con­di­tions in writing.

d. INDUSTRY24H führt Wer­beaufträge nach den zum Zeit­punkt der Bestel­lung gülti­gen AGB von INDUSTRY24H aus. Diese AGB ste­hen auf der Web­seite für den Kun­den deut­lich gekennze­ich­net zur Ver­fü­gung. Jed­erzeit­ige Änderun­gen der AGB behält sich INDUSTRY24H vor.

e. All pre­sen­ta­tions of goods and prod­ucts on the web­site are not legal­ly to be qual­i­fied as an offer/application, but as a non-bind­ing invi­ta­tion to the User/Customer to place an order and thus to sub­mit their own offer.

II. sub­ject mat­ter of the contract

a. The sub­ject mat­ter of the con­tract is the order for the place­ment of adver­tis­ing media in the above-men­tioned media at the final prices stat­ed in the price list.

b. Adver­tis­ing media with­in the mean­ing of these terms and con­di­tions are adver­tis­ing mes­sages that are trans­mit­ted to tar­get per­sons through the above-men­tioned adver­tis­ing media (print media and Inter­net). These may, for exam­ple, con­sist of one or more elements:

einem Bild und/ oder Text, Ton­fol­gen, Bewegt­bildern, ein­er sen­si­tiv­en Fläche, die bei Anklick­en die Verbindung zu weit­eren Dat­en her­stellt, die im Bere­ich des Kun­den liegen (z. B. Link), Ban­nern, Textfeld in Newslet­tern. Fern­er umfasst sind Down­load­an­ge­bote, welche in Form ein­er PDF-Datei hin­ter­legt wer­den können.

c. Das Set­zen von Links als Werbe­mit­tel wird nur angenom­men, wenn sich bei Öff­nung des Links ein sep­a­rates Browser­fen­ster öffnet.

d. Adver­tis­ing mate­r­i­al that is not clear­ly rec­og­niz­able as such due to its design will be clear­ly marked as adver­tis­ing (usu­al­ly by the addi­tion of “adver­tise­ment”) and/or graph­i­cal­ly sep­a­rat­ed from oth­er content.

III. Con­clu­sion of Con­tract and Reser­va­tion of Acceptance

a. By sub­mit­ting the order, the Cus­tomer makes an offer to INDUSTRY24H to place its adver­tis­ing media. The offer can be sub­mit­ted in writ­ing, by email or ver­bal­ly. By sub­mit­ting the offer, the Client express­ly acknowl­edges these GTC and agrees to their content.

b. Addi­tions and changes to the order by the cus­tomer can then usu­al­ly no longer be con­sid­ered. A legal claim for addi­tions and changes is excluded.

c. The con­tract for this bind­ing offer is not con­clud­ed until it is accept­ed by INDUSTRY24H. Accep­tance is declared to the Client by means of a writ­ten order con­fir­ma­tion sent by e‑mail to the e‑mail address pro­vid­ed by the Client with­in 7 days of receipt of the offer. Accep­tance of the offer can be refused by INDUSTRY24H with­out stat­ing reasons.

d. Exclu­sion of com­pe­ti­tion is not possible.

e. If the order is placed direct­ly by an adver­tis­ing agency, the con­tract is con­clud­ed direct­ly with this agency in cas­es of doubt, sub­ject to oth­er writ­ten agree­ments. If an adver­tis­er is to become a con­trac­tu­al part­ner, he must be explic­it­ly named by the adver­tis­ing agency. INDUSTRY24H is enti­tled to demand pow­er of rep­re­sen­ta­tion from the adver­tis­ing agency.

f. The Client may be grant­ed the right to call off indi­vid­ual adver­tis­ing mea­sures on request. In this case, the order must be processed with­in one year of con­clu­sion of the contract.

IV. Prices

Prices are based on the price list valid at the time of con­clu­sion of the con­tract. All prices in the price list do not con­sti­tute an offer and are to be under­stood as free and non-bind­ing. Errors, mis­takes, avail­abil­i­ties and changes, in par­tic­u­lar with regard to the product/goods descrip­tions, remain reserved. The prices shown at the time of the order are valid, all pre­vi­ous prices lose their valid­i­ty. All prices quot­ed are in EURO and include the legal­ly valid Ger­man VAT (cur­rent­ly 19%). INDUSTRY24H states the spe­cif­ic final price of the order in the order confirmation.

V. Terms of pay­ment, set-off, default of payment

a. Pay­ment is due 14 days after con­clu­sion of the con­tract, regard­less of when the adver­tis­ing mate­r­i­al is called up.

b. The adver­tis­ing order can be paid by bank transfer.

c. Pay­ments express­ly not accept­ed by INDUSTRY24H are those made by send­ing cash or cheques, which will not be accept­ed by INDUSTRY24H. INDUSTRY24H reserves the right to exclude indi­vid­ual pay­ment meth­ods even after the order has been placed.

d. Cash dis­count deduc­tions are not possible.

e. Off­set­ting against coun­ter­claims of the Cus­tomer is only per­mit­ted if these coun­ter­claims have been acknowl­edged in writ­ing by INDUSTRY24H or have been legal­ly estab­lished. The Cus­tomer may only exer­cise a right of reten­tion if and inso­far as its coun­ter­claim is based on the same con­trac­tu­al relationship.

f. Any bank charges incurred for orders from abroad shall always be borne by the Customer.

g. In the event of late pay­ment, inter­est will be charged from the first day at a rate of 8 per­cent­age points above the rel­e­vant prime rate, and col­lec­tion costs. INDUSTRY24H may can­cel or sus­pend fur­ther exe­cu­tion of the con­tract due to late payment.

VI. Place­ment

The Client can spec­i­fy a place­ment pref­er­ence when plac­ing the order. INDUSTRY24H will endeav­or to place the adver­tis­ing media in agree­ment with the Client. How­ev­er, there is no enti­tle­ment to a par­tic­u­lar place­ment. If the desired place­ment can­not be pro­duced, INDUSTRY24H shall decide at its own rea­son­able dis­cre­tion, tak­ing the inter­ests of the Client into account as far as possible.

VII. pow­er of refusal

a. INDUSTRY24H is enti­tled to reject or block adver­tis­ing orders at any time, or to inter­rupt broad­cast­ing, if their con­tent breach­es laws or offi­cial reg­u­la­tions, their con­tent has been object­ed to by the Ger­man Adver­tis­ing Coun­cil in a com­plaints pro­ce­dure, or their pub­li­ca­tion is unac­cept­able to INDUSTRY24H. How­ev­er, INDUSTRY24H is not oblig­ed to check the con­tent or oth­er­wise of the adver­tis­ing material.

b. Like­wise, INDUSTRY24H may reject adver­tis­ing orders on the grounds of con­tent, ori­gin or tech­ni­cal form on the basis of objec­tive­ly jus­ti­fied prin­ci­ples of the Publisher.

c. Adver­tis­ing mate­r­i­al which has already been pub­lished may also be with­drawn. This is par­tic­u­lar­ly the case if the Client sub­se­quent­ly changes con­tent to which ref­er­ence is made by means of a link and which ful­fils the con­di­tions spec­i­fied under a. or b. above.

d. If the Client has been issued with a warn­ing or has already sub­mit­ted a dec­la­ra­tion to cease and desist with regard to cer­tain adver­tis­ing con­tent. It is oblig­ed to inform INDUSTRY24H of this imme­di­ate­ly in writ­ing. If it fails to do so, it may be liable to INDUSTRY24H for damages.

e. The Client will be noti­fied imme­di­ate­ly of the rejec­tion, block­ing or suspension.

VIII. Trans­mis­sion of doc­u­ments and data

a. The Client is respon­si­ble for the time­li­ness of deliv­ery of the adver­tis­ing text or the trans­mis­sion of files, as well as flaw­less print doc­u­ments or inserts. INDUSTRY24H shall com­plain imme­di­ate­ly about any rec­og­niz­ably unsuit­able or dam­aged print doc­u­ments and request a replacement.

b. The Client is oblig­ed to sup­ply prop­er adver­tis­ing mate­ri­als, in par­tic­u­lar those which com­ply with the tech­ni­cal spec­i­fi­ca­tions of INDUSTRY24H.

c. The Client bears the risk of loss of data or documents.

d. The oblig­a­tion to store the adver­tis­ing mate­r­i­al ends for INDUSTRY24H three months after its last dis­tri­b­u­tion. At the request of the Client, data car­ri­ers, pho­tographs or oth­er doc­u­ments will be returned to the Client at the Clien­t’s risk and expense.

IX. Lia­bil­i­ty, war­ran­ty and compensation

a. INDUSTRY24H guar­an­tees the best pos­si­ble repro­duc­tion of the adver­tis­ing mate­r­i­al, with­in the scope of fore­see­able require­ments, to the usu­al tech­ni­cal stan­dard. How­ev­er, the Cus­tomer is aware that it is not pos­si­ble, giv­en the state of the art, to pro­duce a pro­gram that is com­plete­ly free of errors. The war­ran­ty does not apply to insignif­i­cant errors.

b. In par­tic­u­lar, but not exclu­sive­ly, insignif­i­cant errors are present with:

Use of an unsuit­able dis­play soft­ware and/or hard­ware (e.g. browser).

Inter­fer­ence with the com­mu­ni­ca­tion net­works of oth­er operators

com­put­er fail­ure due to sys­tem failure

incom­plete and/or not updat­ed offers on so-called proxy servers (inter­me­di­ate storage)

fail­ure of the ad serv­er, which does not last longer than 24 hours (con­tin­u­ous or added) with­in 30 days after the start of the con­trac­tu­al­ly agreed placement

c. If the ad serv­er fails for a con­sid­er­able peri­od of time (more than 10 per­cent of the booked time) with­in the scope of a time-bound fixed book­ing, the cus­tomer’s oblig­a­tion to pay for this peri­od shall lapse. Fur­ther claims are excluded.

d. A devi­a­tion or a loss of qual­i­ty of the trans­mit­ted advertisement/file in a man­ner rea­son­able for the cus­tomer, which is attrib­ut­able to the tech­ni­cal imple­men­ta­tion, does not con­sti­tute a defect and does not enti­tle the cus­tomer to the

rec­ti­fi­ca­tion of defects, rever­sal or the asser­tion of claims for dam­ages. In the event of insuf­fi­cient repro­duc­tion qual­i­ty of the adver­tis­ing mate­r­i­al, for which INDUSTRY24H is respon­si­ble, the Client is enti­tled to a reduc­tion in pay­ment or fault­less replace­ment adver­tis­ing, but only to the extent that the pur­pose of the adver­tis­ing mate­r­i­al was impaired. In case of fail­ure or unrea­son­able­ness of the sub­sti­tute adver­tis­ing, the Cus­tomer shall be enti­tled to a reduc­tion of pay­ment or can­cel­la­tion of the order. The cus­tomer shall not be enti­tled to any oth­er claims for dam­ages, in par­tic­u­lar for loss of earn­ings, loss of prof­it, etc., as a result of this.

e. If any defects in the adver­tis­ing mate­r­i­al are not obvi­ous, the cus­tomer shall have no claims in the event of insuf­fi­cient pub­li­ca­tion. The same applies in the case of errors in repeat­ed adver­tis­ing place­ments if the client does not point out the error before pub­li­ca­tion of the next adver­tis­ing placement.

f. The cus­tomer is oblig­ed to give notice of defects. It must itself imme­di­ate­ly check whether the adver­tis­ing has been pub­lished with­out errors and imme­di­ate­ly noti­fy any defects. INDUSTRY24H shall rec­ti­fy the noti­fied defects, where pos­si­ble, imme­di­ate­ly after receipt of the jus­ti­fied com­plaint. Claims for com­pen­sa­tion by the Client exist only in the event of intent and gross neg­li­gence. The Cus­tomer may then, at its option, demand a reduc­tion in pay­ment or pub­li­ca­tion of a replace­ment adver­tise­ment not exceed­ing the cost of the defec­tive adver­tise­ment. Fur­ther lia­bil­i­ty and any claims for com­pen­sa­tion by INDUSTRY24H over and above this are excluded.

g. The war­ran­ty peri­od is 12 months. In all oth­er respects, the war­ran­ty is gov­erned by the statu­to­ry provisions.

h. If pub­li­ca­tion of an adver­tis­ing medi­um is not pos­si­ble for rea­sons for which INDUSTRY24H is not respon­si­ble, pub­li­ca­tion may be can­celled or post­poned. The oblig­a­tion of INDUSTRY24H to ful­fill the con­tract and any com­pen­sa­tion for dam­ages shall lapse. Such rea­sons may include, in par­tic­u­lar, force majeure, com­put­er fail­ure, dis­rup­tions attrib­ut­able to the area of respon­si­bil­i­ty of third par­ties (e.g. providers, net­work oper­a­tors or ser­vice providers).

i. INDUSTRY24H is liable for dam­age only inso­far as this is due to inten­tion­al or gross­ly neg­li­gent action or cul­pa­ble breach of an essen­tial con­trac­tu­al oblig­a­tion by INDUSTRY24H or a vic­ar­i­ous agent (e.g. the deliv­ery ser­vice). Any fur­ther lia­bil­i­ty for dam­ages is exclud­ed. If an essen­tial con­trac­tu­al oblig­a­tion is breached through neg­li­gence, or if dam­age aris­es from impos­si­bil­i­ty or delay, the lia­bil­i­ty of INDUSTRY24H is lim­it­ed to the fore­see­able and ade­quate­ly causal dam­age. Fur­ther claims for dam­ages are exclud­ed. If a sim­ple vic­ar­i­ous agent acts with gross neg­li­gence, lia­bil­i­ty towards com­pa­nies is lim­it­ed to the extent of the fore­see­able dam­age. This does not apply to the vio­la­tion of essen­tial con­trac­tu­al obligations.

j. It is not pos­si­ble for INDUSTRY24H to check all the motifs and/or adver­tis­ing mate­r­i­al uploaded or trans­mit­ted by the Client in advance for any infringe­ments of rights. In the event that it becomes known or is sus­pect­ed dur­ing the order process that the rights of third par­ties or statu­to­ry reg­u­la­tions are infringed by an uploaded motif and/or adver­tis­ing mate­r­i­al, INDUSTRY24H is enti­tled to a statu­to­ry right of with­draw­al at any time. Claims for dam­ages by the Client aris­ing from this are excluded.

X. Rights guar­an­tee and indemnification

a. The Client guar­an­tees to be the sole own­er of all rights to all files, texts and images pro­vid­ed, and in par­tic­u­lar to own the rights of third par­ties if these are affect­ed by the use. This specif­i­cal­ly includes the rights of the per­sons depict­ed in pho­tos or the rights hold­ers to the depict­ed objects, sam­ples, logos, etc. (motifs). The Cus­tomer also guar­an­tees that the adver­tis­ing mate­ri­als do not vio­late any applic­a­ble laws (in par­tic­u­lar crim­i­nal laws, reg­u­la­tions for the pro­tec­tion of young peo­ple, com­pe­ti­tion law) or the rights of third par­ties (trade­mark rights, per­son­al rights, copy­rights). In addi­tion, the Client express­ly guar­an­tees to INDUSTRY24H that per­sons depict­ed, as well as rights hold­ers to the depict­ed motifs, agree to the use, exploita­tion and dis­sem­i­na­tion through the adver­tis­ing mate­ri­als, their repro­duc­tion, dig­i­ti­za­tion, edit­ing and pro­cess­ing for the con­trac­tu­al purpose.

b. Inso­far as third par­ties assert against INDUSTRY24H an infringe­ment of their rights to images, image files or an infringe­ment of per­son­al rights or oth­er rights (includ­ing rights to a name, trade­mark rights, etc.), the Client of the files/motifs con­cerned under­takes to indem­ni­fy INDUSTRY24H against all claims assert­ed against INDUSTRY24H by third par­ties at the lat­est on first writ­ten request, i.e. to release INDUSTRY24H from all claims and to com­pen­sate INDUSTRY24H for all dam­ages result­ing from the infringe­ment, and in par­tic­u­lar to assume defense and legal costs.

c. INDUSTRY24H attach­es great impor­tance to com­pli­ance with the pro­tec­tion of minors and the obser­vance of per­son­al rights. The Client is there­fore not per­mit­ted to use images or image files for its adver­tis­ing mate­r­i­al that con­tain crim­i­nal, ille­gal or immoral con­tent, in par­tic­u­lar porno­graph­ic, incit­ing or extrem­ist con­tent. INDUSTRY24H express­ly reserves the right not to exe­cute such orders and, in the event of urgent sus­pi­cion or clear­ly crim­i­nal con­tent, to involve the rel­e­vant pros­e­cu­tion authorities.

d. INDUSTRY24H does not check adver­tis­ing mea­sures for legal infringements.

e. The Cus­tomer shall trans­fer to INDUSTRY24H all rights of use, ancil­lary copy­rights and oth­er rights required for the place­ment of the adver­tis­ing media in print media and on the Inter­net, in par­tic­u­lar the right to repro­duce, dis­trib­ute and trans­mit, broad­cast and extract from data­bas­es. The trans­fer shall be lim­it­ed in terms of time and con­tent to the peri­od intend­ed for the per­for­mance of the con­tract. The afore­men­tioned rights shall be trans­ferred on a local basis and shall enti­tle the user to use all known tech­ni­cal process­es and all known forms of online media.

XI. Data pro­tec­tion, data details, copyrights

a. The col­lec­tion, stor­age and use of per­son­al data shall be car­ried out in com­pli­ance with and on the basis of the data pro­tec­tion pro­vi­sions of the Fed­er­al Data Pro­tec­tion Act (BDSG) and the Tele­me­dia Act. The cus­tomer express­ly agrees to this and express­es this agree­ment with the sub­mis­sion of his order offer. Accord­ing to the Fed­er­al Data Pro­tec­tion Act, the cus­tomer has the right to free infor­ma­tion about the stored data and, if nec­es­sary, the right to cor­rect, block or delete this data.

b. By sub­mit­ting the order, the Client con­firms that the per­son­al data pro­vid­ed is cor­rect. In the event of incor­rect infor­ma­tion, INDUSTRY24H reserves the right to demand reim­burse­ment from the Client for any addi­tion­al costs incurred in this con­text (e.g. addi­tion­al pro­cess­ing, dis­patch and inves­ti­ga­tion costs). In the event of delib­er­ate mis­rep­re­sen­ta­tion, INDUSTRY24H reserves the right to take legal action against the Cus­tomer concerned.

XII. final provisions

a. The place of per­for­mance and juris­dic­tion is, where per­mis­si­ble, Ulcinj, Montenegro.

b. Ger­man law applies exclu­sive­ly to all legal mat­ters and dis­putes in the con­text of the busi­ness rela­tion­ship between the Cus­tomer and INDUSTRY24H, to the exclu­sion of the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods. If, in the event of legal action being brought, the Client does not have a place of res­i­dence or habit­u­al abode in Ger­many, or this is not known, and/or the Client is a mer­chant with­in the mean­ing of the Ger­man Com­mer­cial Code (HGB), Stuttgart is agreed as the place of jurisdiction.

c. Sub­sidiary agree­ments to these GTC must be made in writing.

d. Should one or more pro­vi­sions of this con­tract be whol­ly or par­tial­ly legal­ly invalid or unen­force­able or lose their legal effect or enforce­abil­i­ty, this shall not affect the valid­i­ty of the remain­ing pro­vi­sions. In place of any invalid or unen­force­able pro­vi­sion or any loop­hole, an appro­pri­ate pro­vi­sion shall apply which — as far as legal­ly pos­si­ble — comes as close as pos­si­ble to what the par­ties intend­ed accord­ing to the spir­it and pur­pose of the contract.

Sta­tus: August 2021