Terms and Conditions for the Marketing of Media Services (online)
- Advertising order
1.1 “Advertising order” as defined in the following Terms and Conditions means the contract for the publication of one or more advertisements in information and communication services, particularly on the internet, for the purpose of dissemination.
1.2 The advertising order shall be governed exclusively by the Terms and Conditions and the price list of the Provider, which are integral parts of the contract. The validity of any terms and conditions of the Client or other advertisers is explicitly excluded insofar as they are not consistent with these Terms and Conditions. In the case of orders for advertising placements relating to online media and other media, the individual Terms and Conditions for the respective medium will apply accordingly.
- Advertising materials
2.1 Advertising materials within the meaning of these Terms and Conditions may, for example, consist of one or more of the following elements: – an image and/or text, sound sequences and/or moving images (e.g. banners) – a responsive area which, when selected, establishes a connection via an online address specified by the Client to further data located within the Client’s area (e.g. links).
2.2 Advertising media that are designed such that they are not recognisable as such will be clearly identified as advertising.
- Conclusion of the contract
3.1 Subject to individual agreements to the contrary, the contract shall be concluded as a rule by confirmation of the order in writing or by email. Confirmations that are provided verbally or by telephone shall also be based on these Terms and Conditions.
3.2 Where orders are placed by advertising agencies, the contract shall be concluded with the advertising agency in case of doubt, subject to other written agreements. Insofar as an advertiser will act as the Client, this person must be named by the advertising agency. Providers are entitled to insist that the advertising agencies provide proof of mandate.
3.3 Advertising for goods or services by more than one advertiser or other buyer of advertiser space within one advertising presence (e.g. banner, pop-up advertising,…) require an additional agreement that is concluded in writing or by email.
- Fulfilment period
If a standing order has been granted for the Client to place individual advertisements within the framework of a contract, the order shall be fulfilled within one year after conclusion of the contract.
- Extension of the order
When concluding the contract, the Client is entitled to place further advertisements within the agreed period or the period specified in clause 4, even beyond the volume of advertisements specified in the order, provided that adequate capacities are available.
- Reimbursement of discounts
6.1 For the event that an order is not fulfilled due to circumstances that are beyond the control of the Provider, the Client shall, without prejudice to any further legal obligations, reimburse the Publisher for the difference between the discount granted and the discount that would have been granted for the actual volume of advertisements placed.
6.2 Unless otherwise agreed, the Client shall have the retroactive right to the discount corresponding to its actual purchase of advertising media during one year, provided it has concluded, at the beginning of the period, a contract which automatically entitles it to a discount according to the price list. The right to the discount shall lapse insofar as it is not exercised within three months after the end of the term of one year.
- Supply of data
7.1 The Client is obliged to deliver proper advertising materials in good time before the start of placement and must ensure in particular that they comply with the Provider’s format or technical specifications.
7.2 The Provider’s obligation to keep the advertising materials ends three months after their most recent dissemination.
7.3 The Client shall bear the costs of any changes to the advertising materials that are requested by, or are attributable to, the Client.
- Box number advertising
8.1 For the event that box number advertisements are placed, the responses will be kept or stored for a period of four weeks. Responses that are not retrieved or accessed during this time will be destroyed or erased.
8.2 Letters that exceed the permissible DIN A4 format (weight 50g), as well as merchandise, books, catalogue items and parcels, will not be accepted. Inbound emails will only be forwarded up to a data volume of 300 kilobytes per email.
- Right of refusal
9.1 The Provider reserves the right to reject or block advertising orders – including individual advertisements within the scope of a standing order – if their content violates laws or official regulations; or their content has been objected to by the German Advertising Council in a complaints procedure; or their publication is unreasonable for the Provider due to their content, origin or technical form.
9.2 In particular, the Provider may withdraw advertising material that has already been published if the Client subsequently makes changes to the content of the advertising material or if the data referred to by a link is subsequently changed in a manner that fulfils the conditions of clause 1.
- Assurance of rights
10.1 The Client warrants that it holds all rights that are necessary for placement of the advertising material. The Client shall indemnify the Provider within the scope of the advertising order against all claims exercised by third parties that may arise due to a violation of statutory provisions. Furthermore, the Provider shall be held harmless of all costs incurred for a necessary legal defence. The Client is obliged to support the Provider with information and documents in its legal defence against third parties and shall do so in good faith.
10.2 The Client transfers to the Provider, to the extent that is necessary for performance of the order in regard to time and content, all rights of use, ancillary copyrights and other rights required for the use of the advertising in online media of all kinds, including the internet, in particular the right to reproduce, distribute, transmit, broadcast and to extract and retrieve the advertising materials from a database. The foregoing rights are transferred in every case without limitation in location and authorise the Provider to place advertisements in all known technical procedures and all known forms of online media.
- Provider’s warranty
11.1 Within the scope of the foreseeable requirements, the Provider guarantees the best possible reproduction of the advertising materials in accordance with the customary technical standards in each case. The data collected via the Provider’s ad server shall be considered the exclusive proof of performance. The Client is aware, however, that it is not possible, in view of the state of the art, to create a program that is entirely free of errors. The warranty does not extend to insignificant errors. An insignificant error in the presentation of the advertising material shall be deemed to exist in particular if it is caused – by the use of unsuitable display software and/or hardware (e.g. browser); or – by disruption of the communication networks of other operators; or – by computer failure due to system failure; or – by incomplete and/or non-updated offers on proxies (caching); or – by a failure of the ad server which does not last longer than 24 hours (consecutive or added) within 30 days after the start of the contractually agreed placement. In the event that a fixed booking is placed for a certain time, the Client shall not be obliged to make payment for a period of failure, insofar as the ad server fails over a considerable period of time (more than 10 percent of the booked time). Other claims are excluded.
11.2 In the event that the reproduction quality of the advertising material is inadequate, 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 advertising material was impaired. Should the replacement advertisement fail or be unreasonable, the Client shall be entitled to a reduction in payment or cancellation of the order.
11.3 The Client shall not have the right to exercise claims due to inadequate publication in the event that any flaws in the advertising documents are not obvious. The same shall apply in the event of errors in repeated advertising placements if the Client does not point out the error before publication of the next advertising placement.
- Disrupted performance
Where execution of an order is cancelled for reasons for which the Provider is not responsible (e.g. due to software or other technical reasons), in particular due to computer failure, force majeure, strikes, to legal provisions, disruptions that are attributable to third parties (e.g. other providers), network operators or service providers or for comparable reasons, its execution will be completed at a later date if possible. The Provider will retain its claim to remuneration if performance is completed within an appropriate and reasonable period after rectification of the disruption.
13.1 Claims for damages arising from positive breach of contract, culpa in contrahendo and tort shall only exist in the event of intent and gross negligence on the part of the Provider, its representative or vicarious agent. This does not apply to liability for assured characteristics and for the breach of essential contractual obligations, whereby liability shall be limited to the foreseeable damage in the latter case. Claims for damages arising from the impossibility of performance and default are, in the event of ordinary negligence, limited to compensation for foreseeable damages.
13.2. Liability towards entrepreneurs for gross negligence on the part of ordinary vicarious agents shall be limited to the extent of the foreseeable damage. This does not apply to the breach of essential contractual obligations.
- Price list
14.1 The price published on the internet at the time the order is placed shall apply. This is subject to change in dealings with companies. However, price changes are only effective for orders confirmed by the Provider if they are announced by the Provider at least one month prior to publication of the advertising material. The Client is entitled to withdraw from the order in the event of a price increase. The right of withdrawal must be exercised within 14 days after receipt of the notification announcing the price increase.
14.2 Discounts are based on the valid price list as amended. Advertising agencies and other advertising intermediaries are obliged to adhere to the price lists of the respective provider in their offers, contracts and accounting with advertisers.
- Default of payment
15.1 Interest and collection costs will be charged in cases of default or deferred payment. In the event of default, the Provider may postpone further fulfilment of an ongoing order until payment has been received and may demand advance payment for remaining advertisements.
15.2 Where there are justified doubts regarding the solvency of the Client, the Provider is entitled, also during the term of an advertising order, to make publication of further advertising materials contingent on advance payment of the amount and on the settlement of outstanding invoice amounts, irrespective of the originally agreed terms of payment.
Advertising orders may only be terminated in writing or by email.
- Provider’s notification obligations
Unless otherwise agreed, it is the duty of the Provider to keep the following information available for retrieval by the Client within ten working days after execution of the order: – the number of times the advertisement was viewed – downtime of the ad server, insofar as it exceeds one consecutive hour.
- Data protection
The advertising order shall be fulfilled in compliance with the applicable data protection rules.
- Place of fulfilment
The place of performance is the Provider’s registered address. In business dealings with commercial businesspersons or legal persons under public law or in case of special funds under public law, the place of jurisdiction in case of legal action is the Provider’s registered address. Insofar as the Provider’s claims are not enforced in default proceedings, the place of jurisdiction for non-businesspersons shall be their place of residence. German law applies. If the Client’s address – also in the case of non-businesspersons – or habitual place of residence is not known at the time of legal action being taken or if the Client has relocated to a new address or to a different habitual place of residence which is outside the area of validity of the law after the contract has been concluded, the agreed place of jurisdiction shall be the competent court at the Provider’s registered address.
Terms and Conditions for the Online Sale of Print, ePaper and other Products (not including Magazine Subscriptions)
- Scope and provider
1.1 DoldeMedien Verlag GmbH offers print, ePaper and other products for sale on its web pages, in particular in the online shop at shop.doldemedien.de. The following Terms and Conditions as amended at the time an order is placed shall apply exclusively to these offers made on the web pages of DoldeMedien Verlag GmbH, your order and the subsequent business relationship. The Customer’s deviating, conflicting or supplementary Terms and Conditions shall not become part of the contract, even if DoldeMedien Verlag GmbH does not explicitly object to them or if the Customer refers to them when placing the order. The Customer’s contractual Terms and Conditions shall not apply even if DoldeMedien Verlag GmbH, despite awareness of these contractual terms, unconditionally accepts the services of the Customer. Such terms and conditions shall only apply if DoldeMedien Verlag GmbH has expressly agreed to their validity in writing.
1.2 The goods and services offered by DoldeMedien Verlag GmbH are mainly targeted at consumers (Section 13 German Civil Code (BGB)).
1.3 Unless explicitly stated otherwise, the provider and contractual partner is
DoldeMedien Verlag GmbH, Naststraße 19B, 70376 Stuttgart
(Commercial register: District Court of Stuttgart, HRB 13384).
You can reach our customer service Mondays to Fridays from 9 AM to 4 PM on +49 (0)711/55 349-0 or by email at email@example.com if you have questions, complaints and claims.
For orders placed on the Dolde Publishing Shop (https://shop.doldemedien.de/), please contact the service provider Pressevertrieb NORD KG https://shop.doldemedien.de/kontakt/
1.4 Insofar as more specific T&C are published on the respective web pages or for individual offers by DoldeMedien Verlag GmbH (e.g. for media services or magazine subscriptions), they shall take precedence.
1.5 The rules and regulations of the German Publishers and Booksellers Association do not apply.
- Conclusion of the contract
2.1 The presentation of products on our web pages does not yet constitute a legally binding offer to enter into a contract. DoldeMedien Verlag GmbH is therefore under no obligation to perform in the event of unavailability.
2.2 Customers can place selected products in the virtual shopping basket by clicking on the button “ADD TO BASKET”. This process is without commitment. The Customer can remove the products displayed in the shopping basket by clicking on the “Remove” button. By initiating the order process via the button “GO TO CHECKOUT”, the Customer is requested to enter personal data and, if applicable, to select a payment method. The compulsory information is marked with an asterisk. The Customer can edit all data, including the goods in the shopping basket, in the individual entry fields or by clicking on the back button of the browser. By pressing the button “BUY NOW”, the Customer makes a binding purchase offer for the items contained in the shopping basket (binding purchase offer/order).
2.3 DoldeMedien Verlag GmbH or, if applicable, a service provider acting on its behalf will immediately send the Customer an email confirming its receipt of the binding purchase offer/order (confirmation of receipt). This confirmation of receipt does not yet constitute binding acceptance of the Customer’s order. A contract with DoldeMedien Verlag GmbH and therefore a contractual obligation to provide the individual services shall be concluded if DoldeMedien Verlag GmbH or, if applicable, a service provider acting on its behalf explicitly accepts the Customer’s offer within 14 working days of the confirmation of receipt (e.g. in a confirmation of acceptance or shipping) or by the actual delivery of the goods to the Customer. The offer will otherwise be deemed rejected and the Customer shall no longer be bound by its terms. The first of the aforementioned alternatives to occur shall be authoritative for the time of acceptance. There is no entitlement to the conclusion of a contract.
2.4 Where payment is made in advance, by credit card or PayPal (Plus), acceptance of the order and hence the binding conclusion of a contract takes place as soon as the Customer is instructed to pay, i.e. irrespective of any explicit, later confirmation of acceptance, shipping or delivery by DoldeMedien Verlag GmbH. Refer to clause 5 of these T&C for more detailed information.
- Storage of the contractual text, contractual language
3.1. We save the contractual text and send you the order data and our T&C by email. You may access the T&C at any time at (https://www.doldemedien.de/allgemeine-geschaeftsbedingungen/). If you used your user account for our web pages when placing the order, you may also view the contractual text and all data relating to your order and your past orders there. For security reasons, your order data is no longer accessible via the internet.
3.2. Exclusively the German language is used for your orders and the contractual text.
- Right of withdrawal for consumers
4.1. Withdrawal policy
(except, among others, newspapers, journals or magazines as well as sealed health/hygiene articles pursuant to Section 312g no. 3, 7 BGB; refer to clause 4.3 of the T&C).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons. The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have or has taken possession of the last goods.
Should you wish to exercise your right of withdrawal in regard to orders placed in our DoldeMedienShop (https://shop.doldemedien.de), you must notify our logistics services provider
Pressevertrieb NORD KG, Schnackenburgallee 11, 22525 Hamburg
Email address: firstname.lastname@example.org,
Fax no.: +49 40 85 369-141
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from the contract. You may use the attached withdrawal form template for this purpose, although it is not mandatory.
Pressevertrieb NORD KG, Schnackenburgallee 11, 22525 Hamburg
Email address: email@example.com
Fax no: +49(0) 40 / 85 369-141
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (_______________*) / received on (________________*)
Name of the consumer(s): (_______________________)
Address of the consumer(s): (_______________________)
Signature of the consumer(s): (_______________________)
(only for withdrawal forms in hard copy)
(*) Delete as applicable.
To comply with the withdrawal period, it is sufficient that you send the notification concerning your exercise of the right of withdrawal before the end of the withdrawal period. You do not have to provide reasons for your withdrawal.
Consequences of the withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of shipping method other than the cheapest standard shipping method offered by us), without delay and at the latest within fourteen days of the date on which we receive notification of your withdrawal from this contract. Unless explicitly agreed otherwise with you, we will refund your payment by the same means of payment selected by you for the original transaction; under no circumstances will you be charged for this refund. We may refuse repayment until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods without undue delay and in any case no later than fourteen days from the date on which you notify Pressevertrieb NORD KG of your withdrawal from this contract. The address to send or hand over the goods is:
Pressevertrieb Nord KG, Schnackenburgallee 11, 22525 Hamburg.
You have complied with the period if you send the goods before the end of the fourteen-day period.
You bear the direct costs of returning the goods. You will only be required to compensate for any deterioration in the value of the goods if this deterioration in value was caused by you handling the goods in a manner that is not necessary for testing the quality and characteristics of the goods and their good working order.
4.2. Expiry of the right of withdrawal for contracts concerning digital content that is not delivered on a physical data medium (e.g. ePaper, ebooks, software):
The right of withdrawal expires prematurely if Dolde Medien Verlag GmbH has commenced performance of the contract (generally by transmitting the digital content or making it available for download) after the Customer has explicitly consented to performance of the contract prior to expiry of the withdrawal period and has confirmed their awareness that this consent will void the right of withdrawal when performance of the contract commences.
4.3 (no) Right of withdrawal for contracts concerning the delivery of newspapers, journals or magazines as well as sealed health/hygiene articles according to Section 312g no. 3, 7 BGB
Unless otherwise agreed with the Customer, the right of withdrawal does not apply to the following contracts, among others:
- contracts for the delivery of easily perishable goods or goods whose expiry date would soon be exceeded;
- contracts for the delivery of sealed goods which, for reasons of health, safety or hygiene, are not suitable for return if their seal has been removed after delivery;
- contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- contracts for the delivery of newspapers, journals or magazines, with the exception of subscription contracts.
- Prices, due date, terms of payment
5.1 The prices stated on the product pages are retail prices and include the applicable statutory VAT rates (currently 19%, or 7% for books), but not shipping costs.
5.2 The remuneration agreed upon conclusion of the contract (purchase price) falls due immediately and shall be payable without deduction upon conclusion of the contract (cf. clauses 2.3 and 2.4 of these T&C), unless otherwise stated below.
5.3. Unless otherwise stated during the order process, the purchase price can be paid either in advance, by credit card, on account, PayPal (Plus) or by SEPA direct debit mandate (please refer to the individual web pages for the payment options available in each case). Dolde Medien Verlag GmbH reserves the right to offer only selected payment methods on individual web pages or for selected products, for example only advance payment to safeguard our credit risk.
5.4 Further details on the individual payment methods are provided during the order process as well as on our respective web pages under the heading “Service/Payment Methods”. Unless otherwise explained therein, the following shall apply:
- If payment is made in advance, the purchase price must be transferred to the account specified in the order confirmation within 7 days of conclusion of the contract (cf. clause 2.4 of these T&C). Shipping of the ordered goods will take place after receipt of payment in accordance with clause 6 of these T&C.
- If payment is made by credit card, you provide us with your credit card details at the same time as placing the order. Once you have completed authentication as the rightful account holder, we will request your credit card company to initiate the payment transaction without delay after the order. The credit card company automatically completes the payment transaction and charges the purchase price to your account. When paying by credit card, the time of payment is identical to the time of your order. In the event of a credit card charge being rejected, the Customer undertakes to pay the price plus any costs incurred within 10 days of receiving performance. Among others, these costs include the charges incurred if payment by credit card is refused.
- If the purchase is made on account, the purchase price shall be paid in full within 14 days of receipt of the invoice, unless another payment term is stated on the invoice, but not before receipt of the goods. DoldeMedien Verlag GmbH reserves the right to carry out a credit check if purchase on account is selected as the payment method and to reject this payment method if the credit check is negative.
– PayPal Plus: Credit card
The payment transaction will be carried out by your credit card company at the request of PayPal – and your card will be charged – immediately after confirmation of the payment order and after your authentication as the legitimate cardholder.
– PayPal Plus: Direct debit
You issue PayPal with a direct debit mandate as soon as you have confirmed the payment order. You will be notified by PayPal of the date on which your account will be debited (advance notice). By submitting the direct debit mandate immediately after confirming the payment order, PayPal requests your bank to initiate the payment transaction to PayPal. The payment transaction is carried out, and your account is debited.
– PayPal Plus: On account (invoice)
We assign our receivable to PayPal once you have placed your order (and after a successful address and credit check if applicable). In this case, you may only settle the debt by making payment to PayPal.
If SEPA direct debit is selected as the payment method, you grant to us a SEPA direct debit mandate with which you authorise us to collect the purchase price from the bank account specified in the order. The direct debit is collected when the goods are shipped, but not before the end of the deadline for advance notification in which DoldeMedien Verlag GmbH or a service provider commissioned by it informs the Customer that their account will be debited by means of a SEPA direct debit. The deadline for sending the advance notice is reduced to 3 days prior to the debit date. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the direct debit without entitlement to do so, the Customer shall – if they are at fault – bear the chargeback fees demanded by the individual bank. DoldeMedien Verlag GmbH reserves the right to carry out a credit and data check if SEPA direct debit mandate is selected as the payment method and to reject this payment method if the check is negative.
5.5 DoldeMedien Verlag GmbH shall be entitled to demand the statutory default interest in accordance with Section 288 BGB if the Customer defaults on payment. A late payment fee of €2.50 is payable to DoldeMedien Verlag GmbH for each dunning notice sent to the Customer after default has occurred. The Customer is at liberty to demonstrate that no costs, or only significantly lower costs, were incurred. Should DoldeMedien Verlag GmbH have incurred demonstrably higher damages due to the default, it shall be entitled to exercise a claim for these damages.
5.6 The Customer hereby agrees that DoldeMedien Verlag GmbH is entitled to send the invoice to the Customer by email as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document). DoldeMedien Verlag GmbH may also send the Customer a hard copy of the invoice at its own discretion
- Delivery, failure of suppliers to honour obligations and associated right of withdrawal
6.1 Unless stated otherwise in the product description or the order process, the goods will be delivered (inside of Germany) to the delivery address specified by the Customer within 10 working days at the latest (outside of Germany within 20 working days at the latest). This period begins upon receipt of your order and, for advance payment, upon receipt of the payment.
6.2 Unless stated otherwise in the product description or agreed explicitly, delivery of the goods shall only take place within the EU (including Switzerland, Lichtenstein, Andorra, Monaco and San Marino). Further details on the delivery restrictions are provided during the order process as well as on our respective web pages under the heading “Shipping”.
6.3 The delivery of digital content is effected by transmitting the digital content to the (email) address provided by the Customer or by making it available for download. There are no delivery restrictions in this case.
6.4 DoldeMedien Verlag GmbH is entitled to use third parties to fulfil its performance obligations. DoldeMedien Verlag GmbH is entitled to make partial deliveries if not all ordered goods are in stock, provided the Customer can be reasonably expected to accept the partial deliveries.
6.5 We are entitled to withdraw from the contract if, in exceptional cases, an ordered item is not available due to a failure by our supplier, through no fault of our own, to honour their contractual supply obligations towards us. In this case, DoldeMedien Verlag GmbH will notify the Customer without delay that the ordered goods are no longer available and will provide without delay reimbursement for any payments received.
- Additional terms for the purchase of digital content
7.1. Unless stated otherwise in the product description or agreed explicitly, the Customer shall receive, upon provision or transmission of the digital contents, the simple right to use the individual digital contents for (exclusively) their own, non-commercial purposes. Any further use is prohibited, in particular the publication of the digital contents on the internet, as well as their unauthorised duplication, distribution or imitation, whether free of charge or subject to payment. The same shall apply to making the content available, removing copyright information and source references as well as any other form of editing. The right of use is not transferable or sub-licensable and is conditional upon payment in full. The Customer is permitted to transfer the digital contents to different computers or mobile devices for their personal use. The statutory provisions of the Copyright Act (UrhG) remain unaffected.
7.2. DoldeMedien Verlag GmbH is entitled to sign digital content with invisible watermarks and to subsequently revise, update or otherwise change the content if this should be necessary for technical, legal or content-related reasons. The right of use transferred under clause 7.1 shall continue only in respect of the modified digital content in this case.
7.3 Where the digital content is made available as a download, DoldeMedien Verlag GmbH shall ensure that it remains available for retrieval for a reasonable period so that the Customer can download it again if necessary. The Customer will be notified explicitly and with reasonable advance notice if downloads can no longer be provided in the future. The availability of downloads may be restricted for a short period of time due to maintenance and repair work as well as system updates. This applies also to technical disruptions which are beyond the control of DoldeMedien Verlag GmbH. Therefore, uninterrupted or unlimited data backup and data availability cannot be guaranteed in this respect.
7.4. Use of the digital content sent to the (email) address provided by the Customer or made available for download is only possible if the Customer has
- access to the internet,
- an internet-capable device (e.g. smartphone or PC) with sufficient free storage space,
with which the Customer is able to establish unrestricted internet connections to external servers that can retrieve and save digital content (for use on multiple occasions). Insofar as the delivery of digital content takes place by means of its provision as a download, the Customer may be required to register before being able to retrieve the content.
- Retention of title, copyright protection
8.1 The delivered goods remain the property of DoldeMedien Verlag GmbH until payment has been made in full.
8.2 Insofar as the goods are works within the meaning of the Copyright Act, in particular newspapers, magazines, illustrated magazines, books, eBooks, ePapers, software or its constituent parts, all rights in this respect will remain with DoldeMedien Verlag GmbH, with the exception of those expressly transferred to the Customer by DoldeMedien Verlag GmbH or to which the Customer is entitled by virtue of mandatory legal provisions.
9.1 If the delivered goods or download are or is defective, the warranty of DoldeMedien Verlag GmbH shall be governed by the statutory provisions (Sections 433 et seq. BGB), unless expressly agreed otherwise. The assignment of associated claims is excluded.
9.2 Where the Customer makes purchases as an entrepreneur within the meaning of Section 14 BGB, the warranty shall be limited to 1 year and DoldeMedien Verlag GmbH is entitled to repair the goods or to deliver new goods at its discretion.
10.1 In the event of a breach of obligations whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligations), DoldeMedien Verlag GmbH shall be liable without limitation for damages caused by fault. The same applies to liability for damages due to the absence of assured characteristics, in the event of injury to life, limb or health and in the event of claims under the Product Liability Act (ProdHG). DoldeMedien Verlag GmbH shall otherwise be liable only in the event of intent and gross negligence and only insofar as DoldeMedien Verlag GmbH has given a corresponding guarantee.
10.2 In the event of liability for damages due to the negligent breach of cardinal obligations, the amount of liability shall be limited to the damage that DoldeMedien Verlag GmbH could typically expect to occur under the circumstances known at the time that the contract was concluded. Damage that has not occurred to the goods themselves, in particular loss of profit or other financial losses, will not typically be compensated in this case.
10.3 The above exclusions and limitations of liability also apply in favour of employees, vicarious agents and other third parties used by DoldeMedien Verlag GmbH for performance of the contract.
- Offsetting, right of retention
11.1 The Customer shall only have a right of offset if their counterclaims are undisputed or have been finally adjudicated upon.
11.2 The Customer is only entitled to exercise a right of retention against DoldeMedien Verlag GmbH insofar as the counterclaim is based on the same contractual relationship.
11.3 The restrictions according to clauses 11.1 and 11.2 do not apply to claims of the Customer against DoldeMedien Verlag GmbH for rescission of the contract to which the Customer is entitled after exercising their statutory right of cancellation.
- Alternative dispute resolution
12.1 The EU Commission has provided a platform for out-of-court dispute resolution. Consumers may use this platform to resolve disputes concerning their online order without the involvement of a court. The dispute resolution platform is available under the external link http://ec.europa.eu/consumers/odr/.
12.2 We are required by law to inform you of our email address. It is: firstname.lastname@example.org. We endeavour to resolve amicably any disagreements that arise from our contract. Beyond that, however, we are not obliged to participate in an arbitration procedure and must regrettably decline to participate in such a procedure with you.
- Applicable law, severability clause
13.1 The business relationship between DoldeMedien Verlag GmbH and the Customer shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This is without prejudice to the option of applying mandatory provisions of the country in which you habitually reside.
13.2 The invalidity of one or several provisions of these T&C, now or in the future, does not affect the validity of the remaining provisions. In this case, the contracting parties will replace the invalid or unenforceable provision with a valid provision that most closely resembles the commercial intentions of the invalid or unenforceable provision. The same shall apply to omissions.
13.3 Agreements between DoldeMedien Verlag GmbH and a Customer that deviate from these T&C shall only be effective in writing; this applies also to a waiver of the written form requirement.
Version: October 2019
Terms and Conditions for Participation in Award and Academy Events
Part 1: General provisions
- Scope, organiser
1.1 The following Terms and Conditions (T&C) govern registration for and participation in award and academy events (referred to in the following as “Event”) by DoldeMedien Verlag GmbH, Naststraße 19B, 70376 Stuttgart (referred to in the following as “Provider” or “Organiser”) and their implementation.
1.2 The Organiser offers and provides its services to competition participants (referred to in the following as “Participants” or “Visitors”) at the Event on the basis of these Terms and Conditions as amended at the time of registration. Deviating or, if applicable, supplementary information provided in the registration form (print or digital), in brochures or conditions of participation published by the Organiser for the respective Event or other agreements between the Organiser and the Participant/Visitor shall take precedence over these Terms and Conditions in this respect.
1.3 The Participant/Visitor’s deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if the Organiser does not explicitly object to them or if the Participant/Visitor makes reference to them. The Participant/Visitor’s contractual Terms and Conditions shall not apply even if the Organiser, despite awareness of these contractual terms, unconditionally accepts services from the Participant/Visitor. Such Terms and Conditions shall only apply if the Organiser has expressly agreed to their validity in writing.
- Registration and conclusion of the contract
2.1. Registration for Events as a Participant or Visitor shall be made in writing or in an electronic form. Where the Provider makes a registration form available for this purpose, the applicant will be requested to enter their personal and, if applicable, other data. Optional information is marked accordingly. Applicants can change their entries at any time prior to pressing “Send”.
2.2. By submitting the registration, the applicant makes a binding offer to participate in/visit the Event. The Provider will send confirmation to the applicant without delay that the offer has been received (confirmation of receipt). Unless explicitly stated otherwise, the confirmation of receipt does not constitute binding acceptance of the registration. A contract between the applicant and the Organiser is only concluded once the Organiser has requested the applicant to pay the agreed participation fees/admission charges, e.g. by sending an invoice, or has otherwise confirmed acceptance of the application, e.g. by sending a booking confirmation.
- Storage of the contractual text, contractual language
The text of the contract will be saved by the Provider and sent to the applicant together with the Terms and Conditions. The T&C can be accessed and saved at any time at https://www.doldemedien.de/allgemeine-geschaeftsbedingungen/ and on the web page of the individual Event. Exclusively the German language is used for the contractual text.
4.1 Upon payment of the agreed participation fees/admission charges, the Participant/Visitor acquires the right to participate in or attend the Event with their competition entry. Otherwise, the scope of contractual performance is as set out in the booking confirmation and, if applicable, the respective information documents and registration forms for the Event.
4.2. The Organiser is entitled to draw on the services of third party for the fulfilment of its obligations.
- Modification, conditionality, warranty
5.1. The Organiser reserves the right to make changes to the content and/or organisation of the Event, in particular to change the agenda of the Event and the date or the venue of the Event, insofar as these changes are necessary and the object of the Event is not significantly restricted as a result. As far as possible, the Participant/Visitor will be informed of the respective changes in good time by notification to the address provided at the time of registration. Unless stated otherwise, a refund of participation fees/admission charges is limited to cases in which the Participant/Visitor cannot reasonably be expected to attend the (modified) Event. The Visitor’s right to withdraw from the contract in accordance with clause 2 (Part 3.) remains unaffected.
5.2. Where the Organiser is unable to hold the Event due to force majeure or for good cause or because the minimum number of attendees stated in the Event description/booking confirmation is not reached, the Participant/Visitor will be informed without delay by notification to the address provided at the time of registration. The Organiser will immediately reimburse the Participant/Visitor for payments received. Any additional claims by the Participant/Visitor, in particular claims for damages (including cancellation fees for travel or hotel costs), are excluded unless the Organiser or its vicarious agents are guilty of intent or gross negligence with regard to the reason for cancellation.
5.3. Claims for reimbursement of the participation fee/admission charges are excluded insofar as the contracting party does not make use of the service duly offered by the Organiser, either in whole or in part.
5.4. The statutory provisions on warranty claims shall apply.
- Fees and payment
6.1. The participation fees or admission charges stated in the registration form (print or digital), in brochures or conditions of participation published by the Organiser for the respective Event or other agreements between the Organiser and the Participant/Visitor must always be considered “net” in dealings with entrepreneurs and are hence exclusive of the statutory value-added tax.
6.2. Insofar as the Provider grants special prices or discounts, these shall be subject to the proviso that the Participant/Visitor, by the start of the Event at the latest, provides suitable proof of eligibility; the difference to the regular price must otherwise be paid retrospectively.
6.3. Payment can only be made using the payment methods indicated in the registration form or the confirmation of participation. Any additional charges levied by the Organiser or a third party commissioned to process the booking (e.g. shipping costs, processing fees or service fees charged by a ticket service provider) shall be shown separately. Payment of the invoice amount is due immediately and in full upon receipt of the invoice.
6.4. Should a payment be charged back (e.g. due to insufficient funds in the account stated in the registration), the Participant/Visitor shall compensate the organiser for any damage or expenses incurred by the latter as a result of the chargeback. This includes in particular the bank charges as well as an Organiser’s handling fee of €5.00 per chargeback. The Participant/Visitor is at liberty to demonstrate that lower damages were incurred. The right to claim further default damages remains unaffected.
6.5. If the applicant specifies a different invoice recipient, they thereby provide assurances and warrant to the Organiser that this different invoice recipient consents to the registration and that this has been or will be communicated openly and in a legally unobjectionable manner to the tax authorities responsible for the Participant/Visitor and the different invoice recipient. Even if a different invoice address is provided, the applicant remains the contractual partner of the Organiser and is therefore obliged to pay all fees to the Organiser. The Organiser is entitled to invoice the applicant, even if the applicant has indicated a different invoice recipient.
- Liability, limitation period
7.1. In the event of a breach of obligations whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligations), the Provider shall be liable without limitation for damages caused by fault. The same applies to liability for damages due to the absence of assured characteristics, in the event of injury to life, limb or health and in the event of claims under the Product Liability Act (ProdHG). The Provider shall otherwise be liable only in the event of intent and gross negligence and only insofar as the Provider has given a corresponding guarantee.
7.2. In the event of liability for damages due to the negligent breach of cardinal obligations, the amount of liability shall be limited to the damage that the Provider could typically expect to occur under the circumstances known at the time that the contract was concluded. Damage that has not occurred to the goods themselves, in particular loss of profit or other financial losses, will not typically be compensated in this case.
7.3. The above exclusions and limitations of liability also apply in favour of employees, vicarious agents and other third parties used by the Provider for performance of the contract.
7.4. The limitation period for all claims against the Provider is one year in dealings to entrepreneurs, starting from the Participant/Visitor’s knowledge of their incidence. The statutory limitation periods shall apply in cases of unlimited liability and in dealings with consumers.
- Offsetting, right of retention
8.1. The Participant/Visitor shall only have a right of offset if their counterclaims are undisputed or have been finally adjudicated upon.
8.2. The Participant/Visitor is only entitled to exercise a right of retention against the Provider insofar as the counterclaim is based on the same contractual relationship.
- Property rights, granting of rights
9.1. All rights to the Event as well as to the Event documents published by the Organiser, including name and title rights as well as logos and labels, shall remain exclusively with the Organiser. However, insofar as this is absolutely necessary for the provision of the contractual service, the Organiser shall grant to the Participant/Visitor a simple, non-transferable and non-licensable right of use for their own personal use. Any other reproduction, distribution, dissemination to the public, editing or commercial use requires the prior written consent of the copyright holder.
9.2 All rights to the submission/competition entry remain exclusively with the respective Participant/applicant. The Participant/applicant grants to the Organiser a simple right of use and publication, restricted neither in time nor in territory, that is limited to the purpose of the Event/competition and the associated services, in particular their publication.
- Audio and video recordings
10.1. The Participant is only permitted to produce and release their own image, audio and film recordings with the prior written consent of the Organiser.
10.2. The Participant/Visitor declares their consent that
- a) the Organiser shall make image, audio and film recordings of the Event and the Participant/Visitor as well as of the submission/the competition entry;
- b) the Organiser is entitled, free of charge, to use the image, audio and film recordings for all current and future media, including audiovisual media, in particular to reproduce, broadcast or otherwise publish them for the purposes of documentation, reporting or advertising and hence in a manner that exceeds merely the portrayal of a current event.
10.3. The Visitor to the Event may withdraw their consent at any time by declaration to the Organiser, without adherence to any formal requirements.
- Applicable law, place of jurisdiction, severability clause
11.1. In the event that the Participant/Visitor is an entrepreneur, the business relationship with the Provider shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2. In dealings with merchants as defined in the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Provider and the Participant/Visitor shall be the registered office of the Provider.
11.3. The invalidity of one or several provisions of these T&C, now or in the future, does not affect the validity of the remaining provisions. In this case, the contracting parties will replace the invalid or unenforceable provision with a valid provision that most closely resembles the commercial intentions of the invalid or unenforceable provision. The same shall apply to omissions.
Part 2: Special Provisions for Participation by Event Participants
The following special regulations apply to participation in Events as a competition Participant, in addition to the general provisions under Part 1.
- Conditions for participation
Participation in the competition is conditional upon the following requirements:
- a) the Participant must have registered for the competition in good time;
- b) the Participant providing a submission/competition entry must maintain active business operations for the entire duration of the competition period. Should this cease to apply at any time during the ongoing competition, the Organiser reserves the right to exclude the Participant’s entry from the competition. The Organiser is entitled to request that Participants provide suitable proof.
- c) the Participant must have made punctual payment of the participation fees due for their entry. The participation fees must be recognised for participation in the Campsite Award and, in the event of a placement in the top 3 of a category, must be paid upon receipt of the invoice.
- Competition entries
2.1. Competition entries can be submitted in one’s own name or on behalf of others. Where entries are submitted on behalf of third parties, the party submitting the entry shall remain the Organiser’s contracting party.
2.2. If sponsors accept sponsorship of certain categories, they shall not be permitted to enter the category they sponsor.
2.3. Unless stated otherwise, only competition entries from a period of 1.5 years prior to the submission deadline will be considered.
2.4. Where necessary, the Organiser reserves the right to assign entries to an alternative category if the entrant’s original category is deemed unsuitable. The Organiser will inform the Participant of the respective changes in good time by notification to the address provided at the time of registration. In this case, the entrant has the right to withdraw the entry from the competition within a period of two weeks from the announcement of the change, but no later than one week prior to the Event, and to demand reimbursement of the entry fees. Any additional claims by the entrant/Participant are excluded unless the Organiser or its vicarious agents are guilty of intent or gross negligence with regard to the reason for cancellation.
2.5. Entries can otherwise be withdrawn in text form at any time up to two weeks after the submission deadline. Participation fees will not be reimbursed in the event of withdrawal, unless the withdrawal is attributable to the Organiser.
2.6. The entrant provides assurances and warrants to the Organiser that the competition entry they have submitted and registered for participation does not violate any laws, official regulations, other provisions or the rights of third parties and that the entrant holds – and extends accordingly to the Organiser – the rights that are necessary for the requested participation of the entry in the award. Insofar as claims are exercised by third parties against the Organiser due to one of the aforementioned violations, the entrant undertakes to fully indemnify the Organiser from all damages and costs resulting in this regard.
2.7. The Participant agrees that their name, the company for which they work and the competition entry may be published in a list of participants or other publications.
- Award ceremony, labels and licences
3.1 Prizes shall be awarded solely on the basis of the impartial appraisal of the jurors. The jury’s decision is final. Recourse to the courts is not permitted. The findings of the adjudication process remain secret until the award ceremony.
3.2. The Organiser will publish the names of the winners and finalists in connection with the awards.
3.3. The right to use “participant, finalist and winner labels” is not included in the participation fees and requires prior consent from the Organiser, unless explicitly stated otherwise in the brochures, conditions of participation or other agreements between the Organiser and the Participant that are published by the Organiser for the particular Event.
Part 3: Special Provisions for Participation as a Visitor to the Event
The following special regulations apply to participation in Events as a Visitor, in addition to the general provisions under Part 1.
- Intended use, obligations of the Participant, code of conduct
1.1. It is prohibited to resell the Event ticket or to offer it for resale, either at an increased price or in return for any other consideration.
1.2. The Visitor is obliged to comply with any house rules that apply at the Event or the venue. In the event of gross violations of the house rules and serious misconduct or disruption of the Event, the Visitor may be excluded from the Event by the event manager, having first been placed on notice. The Visitor is not entitled to reimbursement of the fees paid in this case.
1.3. Visitors are prohibited from operating their own commercial events or carrying out advertising measures at the Event for their own purposes or the purposes of third parties without the prior written consent of the Organiser or without a separate contractual agreement with the Organiser (e.g. in the form of a sponsorship contract).
- Right of withdrawal for consumers, terms of withdrawal
2.1. There is no right of withdrawal for consumers, Section 312g para. 2 sentence 1 no. 9 BGB.
2.2. The applicant/Visitor may only withdraw from the contract
- a) if the date or the venue of the Event changes (but not if it is merely relocated within the originally announced municipality)
- b) due to mandatory legal provisions.
2.3. Notice of withdrawal must be sent to the Organiser in text form; in the case of clause 2.2. a) of this part, no later than 10 days after receipt of the notification of change. The date on which the Organiser receives the notice of withdrawal shall be authoritative in each case.
2.4. In the event of withdrawal, the Organiser will reimburse the applicant/Visitor for the payments received. Any additional claims, in particular claims for damages, shall only be reimbursed if the circumstances underlying the withdrawal are based on intent or gross negligence on the part of the Organiser or if the Organiser is obliged to do so on the basis of other provisions.
Version: December 2019