Angaben gemäß § 5 TMG
Responsibility for content § 55 Abs. 2 RStV:
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.
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.
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