General Terms and Conditions (Consumers)
1 Validity
1.1 The following terms and conditions are an integral part of all contractual offers and contracts concluded by Schifffahrtsverlag Hansa (hereinafter referred to as the “Publisher”).
1.2 These terms and conditions apply only to consumers within the meaning of § 13 BGB.
2 Offers, conclusion of contract, form, revocation
2.1 The Publisher’s offers are non-binding. Orders placed by the Buyer shall only become binding for the Publisher upon its written or printed confirmation or upon delivery.
2.2 All amendments or additions to the purchase contract must be made in writing to be effective.
2.3 In electronic business transactions or in the case of distance selling contracts, i.e. contracts which are concluded using exclusively means of distance communication, the Publisher accepts the Buyer’s orders on the terms and conditions applicable on the website. In the event of typographical, printing or calculation errors on the website, the publisher is entitled to withdraw from the contract.
2.4 In the case of distance selling contracts, the buyer may cancel the contract in writing or by e-mail or by returning the goods within two weeks. If the order value is more than € 40.00, the publisher will reimburse the costs of the return shipment. It should be noted that the publisher may retain any reduction in value resulting from the use of the goods.
2.5 Further returns will only be accepted with the prior written consent of the publisher and if a corresponding replacement order is placed at the same time and the invoice is enclosed, stating the invoice number and invoice date. These returns may only be sent to the address of the invoice issuer. Returns can only be accepted by the publisher if the goods are in new condition at the time of receipt by the publisher. The buyer shall bear the costs of the return shipment.
2.6 There is no right of withdrawal in accordance with Clause 2.4 for the purchase of video and DVD cassettes and software that have been unsealed by the buyer, and not for services that have been transmitted online (e.g. software for download).
3 Pricing
3.1 All prices quoted are gross prices (price including VAT) in € (D). In the case of distance selling contracts, a final price including VAT and shipping and packaging costs shall be shown when the order is placed.
3.2 The publisher reserves the right to change the prices between order and delivery.
4 Delivery
4.1 The Publisher’s obligation to deliver and all delivery dates are subject to complete and timely delivery to the Publisher.
4.2 If necessary, the publisher can also make the delivery in parts. The publisher shall bear any additional costs incurred as a result.
4.3 The risk of transportation shall pass to the buyer as soon as the goods have been handed over to the carrier by the publisher or, in the case of collection by the buyer, as soon as they have been made available to him. The transportation costs shall be borne in full by the buyer. The goods are not insured by the publisher against transport damage.
4.4 Any delivery dates stated, in particular for new publications and new editions, are non-binding, unless otherwise expressly agreed in writing.
4.5 Wars, strikes, lockouts, shortages of raw materials or energy, operational or traffic disruptions, acts of God and all other cases of force majeure which prevent, delay or render uneconomical the production or dispatch of the goods shall release the publisher from the obligation to deliver for the duration and extent of the disruption. If the disruption exceeds a period of two months, both parties are entitled to withdraw from the contract. In the event of partial or complete loss of the Publisher’s sources of supply, the Publisher shall not be obliged to obtain supplies from other suppliers. In this case, the publisher shall be entitled to distribute the available quantity of goods, taking into account its own requirements.
5 Payments
5.1 The purchase price is due for payment net cash within 14 days of receipt of the invoice. Checks will only be accepted on account of performance. Bills of exchange will not be accepted.
5.2 Payments shall only be deemed to be in accordance with the contract if the amount is paid in cash or is credited unconditionally to one of the Publisher’s accounts before expiry of the relevant payment period. In accordance with § 367 BGB (German Civil Code), payments by the Buyer shall first be credited to the costs, then to the interest and finally to the principal claim.
5.3 If the buyer exceeds the deadline, the buyer is obliged to pay default interest of 5% p.a. above the applicable prime rate without a reminder from the publisher. The Publisher reserves the right to claim higher damages for default.
5.4 In the event of justified doubts as to the solvency or creditworthiness of the buyer, in particular in the event of default in payment, the publisher may, without prejudice to further statutory claims, also make the remaining purchase price and other existing claims against the buyer due and payable and make further deliveries dependent on the prior provision of security or payment concurrently with delivery.
5.5 The purchaser shall only be entitled to set-off or retention if his counterclaim is undisputed or legally binding.
6 Warranty
6.1 Unless otherwise agreed for individual products, the warranty period is two years after delivery of the goods.
6.2 The warranty is limited, at the buyer’s discretion, to a free repair or replacement of the defective parts of the goods. If the Publisher fails to repair or replace the defective goods, the Buyer may reduce the purchase price or withdraw from the contract at his discretion. Defective goods must be sent to the publisher in the original packaging with a fully completed notification of defects. Any transport damage shall be borne by the buyer.
6.3 The warranty shall not apply in the event of defects caused by operating errors or negligence, accidents, normal wear and tear, natural disasters, transport damage, etc. or by culpable conduct on the part of the purchaser or its personnel.
7 Termination of subscription contracts
7.1 At the end of the first subscription period, the contract is automatically extended for a further year and can be terminated in writing or in text form with a notice period of four weeks to the end of each calendar month. A pro rata credit note will be issued for the months of subscription that have then lapsed.
8 Retention of title
8.1 The Publisher shall retain title to the goods delivered by it until all its claims have been paid in full.
8.2 Until the goods have been released, the purchaser may not sell, pledge, rent, lend or otherwise allow third parties to use the goods.
8.3 If the goods subject to retention of title are mixed, processed or combined with other goods owned by third parties, the Publisher shall acquire ownership of the resulting products in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other materials.
8.4 The Publisher shall be entitled to dispose otherwise of the goods for which it has asserted the right of ownership after a reasonable period of time.
8.5 In case of doubt, the exercise of the retention of title shall not be deemed a withdrawal from the contract.
8.6 In the event of seizure of the reserved goods by a third party, the buyer must inform the publisher immediately and reimburse him for all costs of any intervention.
9 Liability
9.1 Contractual and non-contractual claims for damages by the buyer due to negligent breach of obligations by the publisher, its executives or vicarious agents are excluded, with the exception of the breach of essential contractual obligations (cardinal obligations).
9.2 The Publisher shall only be liable to the Buyer for indirect damage and damage not foreseeable at the time of conclusion of the contract in the event of gross negligence on its part or gross negligence on the part of its executives.
9.3 For unforeseeable damages that are not typical for the contract, liability shall be limited to twice the value of the goods.
9.4 The above limitations do not apply to damages resulting from injury to life, body or health. Mandatory statutory liability provisions remain unaffected.
9.5 Before using new software or hardware configurations, the Buyer must back up its data accordingly. The Publisher shall only be liable for consequential damage to data caused by inadequate backup of the data stock in cases of gross negligence and intent.
10. partial invalidity
Should parts of these provisions be or become invalid or legally ineffective, the remaining provisions shall continue to apply. The contracting parties shall then interpret and structure the purchase contract in such a way that the economic success intended with the void or legally invalid part is achieved as far as possible.
11. choice of law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. data protection
Technical data in the context of sales processing are stored by the publisher in EDP systems. The publisher will keep the buyer’s data and confidential information secret in accordance with § 5 BDSG.
13 We are not responsible for the content of external sites that are accessed via a link.
14. general terms and conditions for advertising orders
Clause 1
”Advertising order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements by an advertiser or other advertiser in a printed publication for the purpose of distribution.
Clause 2
In case of doubt, advertisements must be called for publication within one year of conclusion of the contract. If the right to call off individual advertisements has been granted within the framework of a contract, 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.
Clause 3
In the case of contracts, the client shall be entitled to call off further advertisements within the agreed period or the period specified in Clause 2, even beyond the quantity of advertisements specified in the order.
Clause 4
If an order is not fulfilled due to circumstances 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 discount granted and the discount corresponding to the actual acceptance.
The reimbursement shall not apply if the non-fulfillment is due to force majeure within the publisher’s sphere of risk.
Clause 5
When calculating the purchase quantities, text millimeter lines shall be converted into advertising millimeters in accordance with the price.
Clause 6
Orders for advertisements and third-party supplements which are declared to be published exclusively in certain numbers, certain issues or in certain places in the publication must be received by the publisher in good time so that the customer can be informed before the advertising deadline if the order cannot be executed in this way. Classified advertisements shall be printed in the relevant section without this requiring express agreement.
Clause 7
Text section advertisements are advertisements that are at least three pages adjacent to the text and not to other advertisements.
Advertisements which are not recognizable as advertisements due to their editorial design shall be clearly identified as such by the publisher with the word “advertisement”.
Section 8
The publisher reserves the right to reject advertising orders – including individual call-offs within the framework of a contract – and insert orders on the grounds of content, origin or technical form in accordance with uniform, objectively justified principles of the publisher if their content violates laws or official regulations or if their publication is unreasonable for the publisher. This also applies to orders placed with branch offices, receiving offices or representatives. Orders for inserts are only binding for the publisher after submission of a sample of the insert and its approval. Inserts which, due to their format or layout, give the reader the impression that they are part of the newspaper or magazine, or which contain third-party advertisements, will not be accepted.
The client will be informed immediately if an order is rejected.
Clause 9
The client is responsible for the timely delivery of the advertising text and flawless print documents or inserts. The publisher shall immediately request replacements for recognizably unsuitable or damaged print material.
The publisher shall guarantee the usual print quality for the booked title within the scope of the possibilities offered by the print material.
Clause 10
If the advertisement is completely or partially illegible, incorrect or incomplete, the client shall be entitled to a reduction in payment or a faultless replacement advertisement, but only to the extent that the purpose of the advertisement has been impaired. If the publisher fails to meet a reasonable deadline set for this purpose or if the replacement advertisement is again not flawless, the client shall be entitled to a reduction in payment or to cancel the order.
Claims for damages arising from positive breach of contract, culpa in contrahendo and tort are excluded – even if the order is placed by telephone; claims for damages arising from impossibility of performance and delay are limited to compensation for foreseeable damage and to the remuneration payable for the advertisement or insert in question. This does not apply to intent and gross negligence on the part of the publisher, its legal representative and its vicarious agents. The publisher’s liability for damages due to the absence of warranted characteristics remains unaffected.
In commercial business transactions, the publisher is also not liable for gross negligence on the part of simple vicarious agents; in other cases, liability for gross negligence towards merchants is limited to the extent of the foreseeable damage up to the amount of the relevant advertising fee.
Complaints must be made within four weeks of receipt of invoice and receipt, except in the case of non-obvious defects.
Clause 11
Proofs shall only be supplied on express request. The client is responsible for the accuracy of the returned proofs. The publisher shall take into account all corrections of errors that are communicated to it within the deadline set when the proof is sent.
Clause 12
If no special size specifications are given, the calculation shall be based on the actual print height customary for the type of advertisement.
Clause 13
If the client does not make advance payment, the invoice shall be sent immediately, but if possible 14 days after publication of the advertisement.
The invoice must be paid within the period specified in the price list from receipt of the invoice, unless a different payment period or advance payment has been agreed in individual cases. Any discounts for early payment shall be granted in accordance with the price list.
Clause 14
In the event of late payment or deferral of payment, interest and collection costs will be charged. In the event of late payment, the publisher may postpone further execution of the current order until payment has been made and demand advance payment for the remaining advertisements.
If there are reasonable doubts as to the solvency of the customer, the publisher shall be entitled, even during the term of an advertising contract, to make the publication of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, regardless of any originally agreed payment terms.
Clause 15
Upon request, the publisher shall supply an advertising voucher with the invoice. Depending on the type and scope of the advertising order, advertisement cuttings, voucher pages or complete voucher numbers will be supplied. If a voucher can no longer be obtained, it shall be replaced by a legally binding certificate from the publisher confirming the publication and distribution of the advertisement.
Clause 16
The client shall bear the costs for the production of print documents and for significant changes to originally agreed designs requested by the client or for which the client is responsible.
Clause 17
In the case of a contract for several advertisements, a reduction in circulation may give rise to a claim for a price reduction if the total average circulation for the insertion year beginning with the first advertisement is less than the average circulation stated in the price list or otherwise or – if no circulation is stated – the average paid circulation (in the case of trade journals, the average actual circulation) for the previous calendar year. A reduction in circulation shall only constitute a defect justifying a price reduction if it
20 percent for a circulation of up to 50,000 copies,
15 percent for a print run of up to 100,000 copies,
10 % for a print run of up to 500000 copies,
5 percent for a circulation of over 500,000 copies.
In addition, claims for price reductions are excluded for contracts if the publisher has informed the client of the reduction in circulation in good time so that the client was able to withdraw from the contract before the advertisement was published.
Clause 18
In the case of classified advertisements, the publisher shall exercise the care of a prudent businessman for the safekeeping and timely forwarding of offers. Registered letters and express letters in response to classified advertisements will only be forwarded by normal post. Receipts of classified advertisements will be kept for four weeks. Letters that have not been collected within this period will be destroyed. The publisher will return valuable documents without being obliged to do so.
In the interest and for the protection of the client, the publisher reserves the right to open the incoming offers for checking purposes in order to prevent misuse of the box number service. The publisher is not obliged to forward commercial advertisements and brokerage offers.
Clause 19
Print documents will only be returned to the client on special request. The obligation to retain them shall end twelve months after expiry of the order.
Clause 20
The place of fulfillment is the publisher’s registered office.
In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action shall be the registered office of the publisher.
If the domicile or habitual residence of the customer is unknown at the time the action is brought or if the customer has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of the publisher.
Supplementary terms and conditions of the publisher
Clause 1
Advertising agents and advertising agencies are obliged to adhere to the Publisher’s price lists in their offers, contracts and invoices with advertisers. Intermediary remuneration granted by the publisher may not be passed on to the client, either in whole or in part.
