General Terms & Conditions

  1. “An advertising order” in the sense of the following terms and conditions is the contract that regulates the publication of either one or more lifestyle photoshoot article, editorials or the publication of one or more banners on the magazine’s newsletter or web page – ordered by an advertising company or brand for circulation purposes.
  2. Articles, editorials and banners shall be published in case of doubt within one year of the conclusion of a contract. If the right to release individual articles, editorials and banners is granted within the scope of the contract conclusion, the order shall be effected with one year of publication of the first articles, editorials and banners, as far as the first articles, editorials and banners is released and published within the terms indicated in clause 1 of these conditions.
  3. After publication of lifestyle shoot articles, the original photos shall be provided by the publisher to the contracting body for use of their own social media. If high res images are required for printing or other NON digital purposes, a written authorization has to be given by the publisher to the contracting body which will settle any portrait right of the model that was used in that particular publication.
  4. If the contracting body requires the retreival of their producsts after a lifestyle shoot, a “return shipment document” has to be send with the original shipment, or a pick up has to be arranged by the contracting body after the publication of the article.
  5. Regarding contract conclusions, the contracting body is able to release within the agreed terms, or according to those indicated in clause 2, an additional increased number of ads or banners than those specified in the advertising order.
  6. In the case of an order not being completed due to causes the publisher is not responsible for, the contracting body shall refund to the publisher, safe of further statutory duties, the difference between the granted and the effective purchase corresponding abatement. The reimbursement is not applicable in the case that the incompletion is due to force majeure publisher’s risk sphere.
  7. Orders of articles, editorials and banners that are to publish declaredly and exclusively in specific numbers, specific editions, or in specific online locations, as well as banners that are to be published declaredly and exclusively at a certain point in time in the newsletter or on the magazine’s web page, shall be forwarded to the publisher in sufficient time, for the publisher to inform the contracting body prior to closing date in case the order cannot be affected as requested.
  8. The publisher reserves the right to refuse advertising orders – also single releases within a conclusion, according to the standard objectively justified principles of the publisher, if the contents violate the law or official regulations, or the publication is unacceptable for the publisher. This applies also to orders placed at representative offices. Articles, editorials or banner orders are only binding for the publisher on submission and acceptance of the ad or banner motive or a sample of the insert.
  9. The contracting body is entitled to discounts, or to reimbursement of a correct ad, in case ordered articles, editorials and banners are published completely or partially unreadable, incorrect, or incomplete, however, only to the extent to which the articles, editorials and banners have been negatively affected. In case the adequate term for a rectification due from the publisher shall be expired or the reimbursed articles, editorials and banners shall be incorrect again, the contracting body is entitled to discounts or cancellation of the order. Claims for damages from a positive breach of claim, default on contract conclusion, and tort claim – including on advertising orders via phone – are excluded. Claims for damages due to impossibility and delay are limited on reimbursement of the supposed damage and payable charges of the respective ad or insert. This does not apply to intention and gross negligence of the publisher, any legal representative, or agent. The publisher’s liability due to damages from absence of warranted characteristics shall remain unaffected. Tradesmanlike, the publisher is not responsible for the gross negligence caused by agents; for other cases, the liability for gross negligence to traders is limited to the extent of the supposed damage up to the amount of the respective ad charge. Absent or incorrect printed control information do not present any claims for the contracting body, unless anything different is expressly agreed. Complaints shall be asserted – except for unobvious faults – within four weeks upon invoice and proof receipt.
  10. Proofs of published articles, editorials and banners are furnished only on express request. The publisher includes all error corrections, which are forwarded within the allotted term indicated with the receipt of the proof.
  11. If the contracting body does not render payment in advance, the invoice is forwarded immediately, but preferably a fortnight after the ad’s publication. The invoice is payable upon receipt, unless any other payment term or advanced payment is agreed individually. In the event the contracting body is required to withhold a tax, the contracting body is responsible for the payment of such tax and may not deduct such tax when making payment to the publisher.
  12. On default or payment delay, interests and charges of withdrawal shall be charged, and the publisher is entitled to stop further performance of the current order pending payment, and to demand advanced payment for the remaining ads. Upon justified doubts shown regarding the solvency of the contracting body, the publisher is entitled to condition the publication of further ads or banners on advanced payment of the charges and balance of the open invoice amount, regardless of the originally agreed payment term,, even during the run-time of a conclusion of ads. All present and future claims of an agency from a contracting body concerning insertion and possible additional costs shall cede to the publisher. The agency is entitled to withhold the ceded claim as long as the conventionary duty of payment to the publisher is met. The publisher is generally entitled, despite a cession, to collect receivables independently.
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