GTGs

General Terms and Conditions Applicable to Bunkverlag GmbH’s Entire Media Network

Advertisements must, unless otherwise agreed, be called off for publication within one year of conclusion of the contract. If, within the framework of a contract, the right to call off individual advertisements has been granted, the order must be completed within one year of publication of the first advertisement, provided that the first advertisement is called off and published within the period specified in sentence 1.

An “advertising order” within the meaning of the following General Terms and Conditions shall be the contract for the publication of one or more advertisements by an advertiser or other client in a printed publication for the purpose of distribution.

In the case of contracts, the client shall be entitled, within the agreed period or the period specified in Clause 2, to call off additional advertisements beyond the quantity stated in the order.

If an order is not fulfilled for reasons for which the publisher is not responsible, the client shall, without prejudice to any further legal obligations, reimburse the publisher for the difference between the granted discount and the discount corresponding to the actual volume purchased. Reimbursement shall not apply if non-performance is due to force majeure within the publisher’s sphere of risk.

When calculating acceptance quantities, text millimeter lines shall be converted into advertising millimeters according to the price.

Orders for advertisements and inserts which are expressly to be published exclusively in certain issues, specific editions, or specific positions within the printed publication must be received by the publisher in sufficient time to allow notification to the client before the advertising deadline if the order cannot be executed as requested. Classified advertisements shall be printed in the respective section, if available in the publication, without the need for express agreement.

Cancellation of an advertising order is only possible up to four weeks prior to the respective publication date.

The publisher reserves the right to reject legally confirmed advertising orders, individual call-offs within the framework of a contract, and insert orders due to their content, origin, or technical form in accordance with uniform and objectively justified principles of the publisher, if their content violates laws or official regulations, or if publication is unreasonable for the publisher. This also applies to orders placed with branch offices, acceptance offices, or representatives. Insert orders shall only become binding for the publisher after submission of a sample and its approval. Inserts which, due to their format or presentation, give the impression of being part of the newspaper or magazine, or which contain third-party advertisements, will not be accepted. Rejection of an order shall be communicated to the client without delay.

The client is responsible for the timely delivery of the advertisement text and flawless printing materials or inserts. The publisher shall immediately request replacement of obviously unsuitable or damaged printing materials. No discount or rebate shall be granted for faulty repeat advertisements if the client does not point out the error before the next insertion despite having received timely proof copies. The publisher guarantees the customary print quality for the booked title within the limits of the printing materials provided.

In the event of wholly or partially illegible, incorrect, or incomplete printing of the advertisement, the client shall be entitled to a reduction in payment or to a faultless replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. If the publisher allows a reasonable deadline set for this purpose to expire, or if the replacement advertisement is again defective, the client shall have the right to reduce payment or cancel the order. Claims for damages arising from positive breach of obligation, fault in contract negotiations, and tort are excluded—even in the case of telephone orders. Claims for damages arising from impossibility of performance or delay shall be limited to compensation for foreseeable damage and to the remuneration payable for the respective advertisement or insert. This shall not apply in cases of intent or gross negligence by the publisher, its legal representatives, or its agents. Liability for damages resulting from the absence of guaranteed characteristics shall remain unaffected. In commercial business transactions, the publisher shall also not be liable for gross negligence of agents; in other cases, liability toward merchants for gross negligence shall be limited to foreseeable damage up to the amount of the respective advertising fee. Complaints must—except in the case of non-obvious defects—be asserted within four weeks of receipt of invoice and proof.

Proofs shall only be supplied upon express request. The client bears responsibility for the accuracy of returned proofs. The publisher shall consider all error corrections communicated within the deadline specified when sending the proof.

If no specific size requirements are given, the actual print height customary for the type of advertisement shall form the basis of calculation.

Unless advance payment is made, the invoice shall be sent immediately, if possible eight to ten days before publication. The invoice is payable within 30 days of receipt unless otherwise agreed in individual cases. Any discounts for early payment shall be granted in accordance with the price list.

Advance notice of debit collection shall generally be provided on the invoice; otherwise, at least two working days’ notice shall be given.

In the event of default or deferment of payment, interest and collection costs shall be charged. In the event of payment default, the publisher may suspend further execution of the current order until payment is made and may require advance payment for remaining advertisements. If there are justified doubts as to the client’s solvency, the publisher shall be entitled, even during the term of an advertising contract, to make publication of further advertisements dependent on advance payment and settlement of outstanding invoice amounts, irrespective of originally agreed payment terms.

Upon request, the publisher shall supply proof of advertisement with the invoice. Depending on the type and scope of the order, advertisement clippings, proof pages, or complete proof copies shall be supplied. If proof can no longer be obtained, a legally binding certificate from the publisher confirming publication and distribution of the advertisement shall take its place.

Costs for the production of ordered printing materials and for significant changes requested or caused by the client to originally agreed versions shall be borne by the client.

Place of jurisdiction and performance is Hamburg.

Additional Terms and Conditions of the Publisher

Advertising intermediaries and advertising agencies are obliged to adhere to the publisher’s price list in their offers, contracts, and invoices to advertisers. The commission granted by the publisher may not be passed on, in whole or in part, to the client.

The general and additional terms and conditions of the publisher shall apply mutatis mutandis to orders for glued inserts, bound inserts, or special technical formats. Each order shall become legally binding only upon written confirmation by the publisher.

Price changes (price reductions, changes in discount scales, price increases) shall apply from the date the new price list comes into effect, including for ongoing contracts. In the event of price increases, the advertiser shall have the right to decide whether to continue the order.

The client bears sole responsibility for the content and legal admissibility of the text and image materials provided for insertion. The client shall indemnify the publisher against third-party claims arising from execution of the order, even if the order has been cancelled. The publisher is not obliged to examine orders and advertisements to determine whether they infringe third-party rights. If cancelled advertisements are nevertheless published, the client shall have no claims against the publisher.

In the event of operational disruptions or force majeure (e.g., labor disputes, seizure, etc.), the publisher shall be entitled to full payment for published advertisements if the orders are fulfilled with 80% of the guaranteed sold circulation. If performance is lower, payment shall be made according to the price per thousand pages based on the guaranteed sold circulation stated in the tariff.

Printing materials shall only be returned to the client upon special request. The obligation to retain such materials ends three months after publication of the respective advertisement.

Inserts for newspapers must be received by the publisher no later than 2 days (for magazines 8 days) before the insertion date. Costs incurred due to late delivery must be reimbursed.

For orders and changes placed by telephone, the publisher assumes no liability for the accuracy of reproduction. Cancellations and changes must be made in writing and received by the publisher no later than the advertising deadline or cancellation date of the respective issue. Typesetting costs will be charged for advertisements that have already been set.

In case of doubt, the German version shall prevail.