Terms and Conditions

The following Terms and Conditions for Advertisements and Advertising Supplements in Newspapers and Magazines and the Terms and Conditions for Creating and Distributing Authored Pieces apply to all contracts concluded in this regard between Bauverlag BV GmbH, represented by its CEO, Mr. Michael Voss, Friedrich-Ebert-Str. 62, 33330 Gütersloh (hereinafter also referred to as the Publisher) and our contract partners (Clients/Authors).
We reserve the right to amend the T&Cs as far as this is reasonable for our Contract Partners. With regard to existing obligations, the amended T&Cs shall become effective if and insofar as the Client does not object to such in text form within 14 days of us giving corresponding notice. We shall be bound by the terms and conditions of purchase of our Contract Partners only insofar as we have explicitly acknowledged such in writing. If we render our services without an explicit objection, in part or in whole, this shall not constitute acknowledgment. Conflicting terms and conditions are ineffective, regardless of the time, at which they are contractually involved. The law shall apply in case of doubt.

I. Terms and Conditions for Advertisements and Advertising Supplements in Newspapers and Magazines

1. An "advertisement order" within the meaning of the following T&Cs means a contract concerning the publication of one or more advertisements by an advertiser or other advertising space buyer in printed matter for the purposes of distribution or the publication of the advertisement in electronic media, in particular online.

2. Our order confirmation and the latest applicable price list are authoritative with respect to each order. Changes in prices for advertisement orders already placed are applicable to companies, provided they are notified by the Publisher at least one month before publication of the advertisement or other advertising media. In the event of an increase in the price, the Client shall be due a right of cancellation. This right of cancellation must be exercised in text form within 14 days of receipt of notification of the price increase.

3. A "Retainer" is a contract concerning the publication of multiple advertisements, whereby discounts on the price list to be granted to the advertiser shall be taken into consideration and each publication is undertaken upon being requested by the Client. Discounts will not be granted if the multiple advertisements are commissioned by one company for multiple different advertisers.

4. If a group discount is being claimed for affiliated companies, written evidence of the advertiser's group affiliation must be presented. Group-affiliated companies within the meaning of this provision are companies, between which there exists a capital participation of at least 50%. For stock corporations (Kapitalgesellschaften), group status shall be verified by means of confirmation of a financial auditor or presentation of the most recent annual report; for partnerships (Personengesellschaften), group status shall be verified by means of presentation of their entry in a commercial register. This evidence must be provided by no later than the end of the year of placement. Evidence provided after this time cannot be recognized retroactively. Group discounts require the explicit, written confirmation of the Publisher in all cases. Group discounts shall be granted for as long as the company belongs to the group only. Notice must be given immediately if the company leaves the group; upon leaving the group in question, the company shall also lose its group discount.

5. In case of doubt, requests for publication of advertisements shall be submitted within one year of conclusion of contract. If a right to request individual advertisements is granted within the framework of a Retainer, then the order shall be processed within one year of the publication of the first advertisement, provided the first advertisement is claimed and published by the deadline indicated in clause 1.

6. In the case of Retainers, the Client is entitled to also claim additional advertisements beyond the volume indicated in the order within the timeframe agreed or indicated in § 5, provided there is still corresponding space for the advertisement in the print/electronic media published by the Publisher.

7. If an order is not fulfilled for reasons which the Publisher is not responsible for, then the Client shall reimburse the Publisher for the difference between the deduction granted and the deduction equivalent to the actual volume claimed, irrespective of any other legal obligations. This remuneration shall not be due if non-fulfillment is due to an incident of force majeure that falls under the risk of the Publisher. Orders may be canceled free of charge up until the copy deadline. For cancellations after the copy deadline, 25% of the costs for the media booked shall be charged. For cancellations after the advertising deadline, 100% of the costs for the media booked shall be charged.8. Millimeter lines for text shall be converted into millimeter lines for advertisements according to the price in order to calculate the volumes claimed.

9. Orders for advertisements and advertising supplements which it is declared are to be published exclusively in certain volumes or certain issues, or only in certain places in the printed matter, must be received by the Publisher in good time, such that the Client can be notified before the advertising deadline if the order cannot be executed in this manner. A minimum notice period of 3 working days before the advertising deadline shall be observed here. Classified advertisements will be printed under the relevant heading, whereby this shall not require an explicit agreement.

10. Text-section advertisements are advertisements where at least three sides border the text and which do not border other advertisements. Advertisements which are not clearly identifiable as advertisements due to their editorial design shall be clearly marked as such by the Publisher using the word "Advertisement".

11. The Publisher reserves the right to reject advertisement orders – including individual requests within a Retainer – and advertising supplement orders on the grounds of their content, origin or technical form according to uniform, objectively justified principles of the Publisher if the content of such breaches laws or public regulations, or if the German Advertising Standards Council (Deutscher Werberat) objects to the advertisement or publication of the advertisement is unreasonable for the Publisher. Content that is racist or sexist in nature or which incites hatred is considered unreasonable content. This also applies, if the content encourages the consumption of narcotics or incites violence or glorifies the consumption of narcotics or violence. Orders for advertisements, the content of which is directed at the Publisher or his employees, is also regarded as unreasonable content. Furthermore, the Publisher rejects election advertising or any and all other advertising for AfD and die LINKEN since the party manifestos of and the goals pursued by these parties do not conform to the values of the Publisher. This also applies to orders submitted to branches, receiving offices or representatives. Orders for advertising supplements are binding for the Publisher only upon presentation of a template for the supplement and approval of the same. Supplements which will give the reader the impression that they are a part of the newspaper or magazine due to their format or design or such which contain third-party advertisements shall not be accepted. The Client will be notified immediately in the event that an order is rejected.

12. The Client guarantees that he holds all rights required to place the advertisement. The Client alone bears responsibility for the content and legal permissibility of the text and image documents provided for placement and for the advertising media provided. He shall indemnify the Publisher of all third-party claims which may arise due to a breach of statutory regulations within the framework of the advertisement order. The Publisher shall furthermore be released of any costs required for legal defense. The Client is obliged to support the Provider in good faith by providing information and documentation in the event of a legal defense against third parties. The Client shall assign to the Publisher all rights of use, IP rights and other rights under copyright law that are required in order to use the advertisement in print and online media of all kinds, including online, and in particular the right to reproduce, distribute, transmit, broadcast, publish, remove and retrieve from a database, whereby the content and timeframe of such assignment shall be sufficient for execution of the order. The aforementioned rights shall be transferred without geographical restriction in all cases.

13. The Client is responsible for the timely provision of the advertisement text and of proper publication documents (printed documents or advertising banners programmed in an internet-capable language) or supplements. If printed documents are being delivered digitally, the Client shall be obliged to deliver proper templates for advertisements in good time before the start of the advertising run, in particular templates that comply with the format or the technical requirements contained in the Publisher's media information. The Publisher shall demand immediate replacements for printed documents which are clearly unsuitable or damaged. The Publisher guarantees the printing quality that is standard for the title allocated, as far as is possible with respect to the printed documents. In the case of publication in electronic media, the Publisher guarantees only publication of the advertisement in the agreed place at the agreed time. The above guarantees apply only if the Client complies with the Publisher's requirements regarding the creation and provision of printed or electronic documents.

14. Warranty rights on the part of the Client in the course of business require that the Client notify the Publisher of defects in writing immediately, and no later than one week after such appear; the Publisher must be notified of concealed defects in writing immediately upon discovery. The Publisher shall remedy warranty defects by replacing the advertisement at no cost to the Client. If the Publisher refuses to fulfill the contract in earnest and with final effect, or if the supplementary performance fails or is unreasonable for the Client, or if the Publisher has refused such on the grounds of unreasonable costs, then the Client may withdraw from the contract, reduce the purchase price, or demand damages (or compensation of his expenses as applicable) at his discretion and in accordance with the statutory regulations. Cancellation of the order is excluded in the event of minor defects in the advertisement or publication of the advertising media. The statute of limitations for warranty claims is 12 months from time of publication.

15. According to the statutory regulations, the Publisher is liable to pay damages without restriction, unless otherwise stipulated in the following paragraphs. In the event of a breach of material contractual obligations, the Publisher is also liable for slight negligence, limited to foreseeable damages typical of the contract. Otherwise, the Publisher is not liable for slight negligence. In the event of gross negligence, liability is limited in commercial transactions to compensation of typical, foreseeable damages, unless such damages were caused by a legal representative or senior employee of the Publisher. This applies to all claims for damages, regardless of the legal grounds for such, and in particular for liability due to tortious acts. The above limitations of liability do not apply in the event of culpable damage to life, limb or health. The Client is obliged to take appropriate steps to mitigate and minimize damages.

16. With respect to keyed advertisements, the Publisher shall apply the diligence of a prudent businessman concerning the safekeeping and timely forwarding of the offers. Registered letters and express letters responding to keyed advertisements shall be forwarded via normal mail only. Communication received in response to keyed advertisements shall be kept for four weeks. Mail that is not collected within this four-week period will be destroyed. The Publisher will return valuable documents, but is not obliged to do so. The Publisher is not obliged to forward business proposals and agency offers.

17. Proofs of advertisements appearing in print media will be provided upon explicit request only. The Client is responsible for the correctness of the returned proofs. The Publisher shall take into account all corrections which he is notified of by the deadline set upon delivery of the proof.

18. Where specific font sizes are not indicated, calculation shall be based on the actual printing height considered standard for the type of advertisement.

19. Where the Client does not make a down payment, the invoice will be sent immediately, or possibly 14 days after publication of the advertisement. The invoice is payable from time of receipt of the invoice and by no later than the deadline indicated in the price list, unless alternative payment terms or a down payment have been agreed in the individual case. Discounts for early payment shall be granted according to the price list. Fees may alternatively be paid via direct debit subject to prior agreement. The Client undertakes to issue a SEPA mandate if he wishes to use the direct debit option. Payables shall be deducted from the designated account no earlier than five working days after the invoice date.

20. In the event of default or deferred payment, interest and collection fees shall be charged. In case of default, the Publisher may refuse to continue execution of the current order until payment is made and to demand down payments for the remaining advertisements. Where there exists substantiated doubt in the solvency of the Client, the Publisher is entitled to make the placement of other advertisements contingent on advance payment of the payable and on the settlement of outstanding invoice amounts, including during the term of an Advertisement Retainer and without taking into account originally agreed payment terms.

21. If requested, the Publisher will include a copy of the advertisement with the invoice. Depending on the nature and scope of the advertisement order, extracts of the advertisement, full pages or entire issues will be provided. If a copy can no longer be procured, it shall be replaced by a legally binding statement from the Publisher concerning the publication and distribution of the advertisement.

22. Costs for producing any printed documents ordered and for significant changes to the originally agreed versions which the Client requests or is responsible for shall be borne by the Client.

23. Where there exists a Retainer for multiple advertisements, a claim to a reduction in price can be derived from a reduction in print run if the average print run indicated in the price list or elsewhere or – if no print run is indicated – the average number of editions sold (or, for trade publications, the average number actually circulated) in the previous calendar year is lower than the total average of the placement year beginning with the first advertisement. A reduction in print run constitutes a defect which qualifies for a reduction in price only in the case of a reduction of 20% for a print run of up to 50,000 copies, 15% for a print run of up to 100,000 copies, 10% for a print run of up to 500,000 copies, or 5% for a print run of more than 500,000 copies. A reduction in print run for the reasons indicated under § 25 is unaffected. Furthermore, in the case of Retainers, claims to a reduction in price are excluded if the Publisher has informed the Client of the reduction in print run in good time, such that the Client could have withdrawn from the contract prior to the running of the advertisement.

24. Printed documents will only be returned to the Client upon special request. This obligation to retain documents ends three months after the end of the order.

25. In the event of business interruptions or incidents of force majeure, illegal labor disputes, unlawful seizures, transport disruptions, general raw material or energy bottlenecks and the like – both affecting the operations of the Publisher and those of third parties whom the Publisher engages for fulfillment of his obligations – the Publisher shall be entitled to full payment for advertisements published if the published material has been distributed to 80% of the print run sold on average in the previous four quarters or otherwise assured by the Publisher. In the event of reductions in distribution of publications, the invoice total will be reduced proportionately to the reduction in guaranteed sold or assured circulation compared to the actual circulation achieved. Epidemic-like situations with national reach constitute force majeure.

26. Place of performance is the headquarters of the Publisher. Place of jurisdiction is the headquarters of the Publisher. Insofar as the Publisher's claims are not enforced in default proceedings, the place of jurisdiction for non-merchants shall be determined according to their place of residence. If the place of residence or ordinary domicile of the Client is unknown at such time as the claim is brought, or if the Client has relocated his place of residence or ordinary domicile outside of the area of application of the law after conclusion of contract, the place of jurisdiction is agreed as the headquarters of the Publisher.

II. Terms and Conditions for Creating and Distributing Pieces Created by Authors and other Copyright Holders

1. The author or copyright holder of other pieces (e.g. photographers, illustrators, caricaturists), hereinafter also referred to jointly as copyright holders, will deliver their pieces to the Publisher electronically and also as a typescript where applicable. If an author delivers their manuscript in electronic format, it shall be agreed that he/she shall deliver this as a Word file or Word-compatible file.

2. The copyright holder assures that he/she will create the pieces himself/herself and with due care. When creating the pieces, the copyright holder will observe third-party copyright strictly and will not copy from third-party works or otherwise transpose such or cite such without giving a source. In this regard, the copyright holder assures that he/she may freely dispose of the copyright to his/her work and has not served any injunctions in this regard so far.

3. For the duration of the statutory term of copyright, the copyright holder shall assign to the Publisher the exclusive right to reproduce and distribute the contractual pieces written or created by him/her (right of publication) for all issues and editions, with no limit on volume and no geographical restrictions, and also the right to issue in all languages and to include the pieces in anthologies. In particular, the copyright holder shall also grant the Publisher the right to include the pieces in databases for free or paid-for access, and to reproduce and distribute such offline and/or online. The Publisher shall furthermore receive the right to edit and modify the pieces. In doing so, Bauverlag shall observe the moral right of the copyright holder.

4. The author shall receive a fee per printed page pursuant to the agreement with the editor-in-chief. Where the copyright holder is VAT-registered, this price shall be understood as price plus VAT.

Last updated: June 2022

Bauverlag BV GmbH
Friedrich-Ebert-Str. 62
33330 Gütersloh
Tel.: 05241 2151 0
Fax: 05241 2151 2999
Email: info@bauverlag.de