General Terms and Conditions
Eine deutsche Version der AGB finden Sie hier: media.iz.de/service/agb/
General Terms and Conditions of IZ for Advertising Orders
Status: 11.12.2024
These General Terms and Conditions (GTC) apply to all supply and service relationships regarding the placement of advertisements (print or digital) between IZ Immobilien Zeitung Verlagsgesellschaft mbH, Luisenstr. 24, 65185 Wiesbaden (hereinafter referred to as the “Publisher”) and the customer (hereinafter referred to as the “Client”).
1. “Advertising order” within the meaning of the following General Terms and Conditions is the contract for the publication of one or more advertisements in a printed publication of the Publisher or of advertising banners in Publisher’s newsletters and on Publisher’s websites.
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 in the contract, the order must be completed within one year of the publication of the first advertisement, provided that the first advertisement was called and published within the period specified in sentence 1. If specific publication dates have been agreed, these shall also be binding.
3. Client shall be entitled to request further advertisements in excess of the quantity stated in the order within the agreed period or the period stated in Section 2. If this results in a higher discount group being achieved, a corresponding credit note will be issued for the discount difference.
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 purchase. The reimbursement shall not apply if the non-fulfilment is due to force majeure within the Publisher's sphere of risk. If the Client has agreed a fixed placement with the Publisher, the Publisher shall be entitled to charge the advertising rate in full even if the order cannot be fulfilled for reasons for which the Client is responsible, and no other buyer has been found for the agreed placement.
5. When calculating the purchase quantities, text millimetre lines shall be converted into advertising millimetres in accordance with the price.
6. Orders for advertisements and inserts 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 Client can be informed before the advertising deadline, should the order not be executable in this way. Placement commitments are limited to the information provided in the price list. Classified advertisements can only be placed in the respective sections offered by the Publisher.
7. Advertisements that are not recognizable as advertisements due to their editorial design shall be clearly identified by the Publisher with the word “Anzeige” (advertisement).
8. The Publisher reserves the right to reject advertisement orders or even individual call-offs within the scope of a contract and insert orders due to the content, origin or technical format in accordance with standardized, 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 advertising sales representatives. Orders for inserts are only binding for the Publisher after a sample of the insert has been submitted and approved. Inserts whose format or layout give the impression that they are part of the newspaper, or which contain third-party advertisements will not be accepted. The Client will be informed immediately if an order is rejected.
9. The Client shall be responsible for the timely delivery of the advertising copy and flawless printing material or inserts. The Publisher shall immediately request replacements for obviously unsuitable or damaged printing material. The Publisher provides the usual print quality for the publication in question within the scope of the possibilities offered by the print material.
10. The Client shall be entitled to a flawless replacement advertisement if the advertisement is completely or partially illegible, incorrect or incomplete. If the replacement advertisement is again not flawless, the Client shall be entitled to a reasonable reduction in payment or to cancel the order. Claims for damages arising from breach of contract, culpa in contrahendo and tort are excluded - even if the order was confirmed by telephone. Claims for damages arising from impossibility of performance and delay are limited to compensation for foreseeable damage and to the fee payable for the advertisement or insert in question. This does not apply in case of intent and gross negligence on the part of the Publisher, its legal representatives and its vicarious agents. The Publisher's liability for damages due to the absence of guaranteed characteristics remains unaffected. In commercial business transactions, the Publisher is also not liable for gross negligence on the part of vicarious agents; in other cases, liability for gross negligence towards merchants is limited to the extent of foreseeable damage up to the amount of the relevant advertising fee.
11. If no special size specifications are given, the calculation shall be based on the actual print height customary for the type of advertisement.
12. 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 shown in the price list from receipt of the invoice unless a different payment period or advance payment has been agreed in individual cases.
13. Interest of 8.5% p.a. and collection costs will be charged in the event of late payment or deferral of payment. In the event of late payment, the Publisher may defer 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 Client, 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.
14. The Publisher shall supply an advertising documentation on request. Depending on the type and scope of the advertising order, advertisement excerpts, individual pages or complete issues will be supplied. If documentation 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.
15. The Client shall bear the costs for the production and redesign of print materials and drawings as well as for significant changes to originally agreed designs requested by the Client or for which the Client is responsible.
16. In the case of a contract for several advertisements, no claim to a price reduction can be derived from a reduction in circulation.
17. The place of performance shall be the registered office of the Publisher. The law of the Federal Republic of Germany shall apply exclusively to all disputes between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance is Wiesbaden. The place of jurisdiction for all disputes arising from and in connection with the contract and these General Terms and Conditions, irrespective of the legal basis, is Wiesbaden, provided that the Client is a merchant, a legal entity under public law or a special fund under public law.
18. Should one of the above conditions or a condition of the contractual relationship between the Publisher and the Client be invalid, this shall not affect the validity of the remaining conditions of the contractual relationship. The invalid condition shall be replaced by a valid condition which should result from a reasonable assessment of the overall context and its economic effects.
19. Advertising orders placed by an agency are accepted in its name and for its account. Advertising intermediaries and advertising agencies are obliged to adhere to the Publisher's price list in their offers, contracts and invoices with advertisers. The intermediary remuneration granted by the Publisher may not be passed on to the Client in whole or in part.
20. The Publisher's General Terms and Conditions shall also apply accordingly to orders for inserts, bound-in inserts, supplements and special technical designs. Each order shall only become legally binding after written confirmation by the Publisher.
21. If a confirmed advertisement, insert or bound-in insert order booked by advertisers or their advertising agents does not materialize for reasons for which the Client is responsible, the Publisher reserves the right to charge a cancellation fee of 25% of the net order value. If an advertising order for a special placement in the magazine is cancelled by the Client, the Publisher reserves the right to charge the full amount of the cancelled advertisements if no other Client has been found for the agreed placement.
22. All amendments or additions to these GTC or the underlying contract must be made in text form (§ 126b BGB).
You can find further general terms and conditions at iz.de/gtc.
