1.1 The following conditions apply to services provided by wein.plus on the websites operated by wein.plus, including the newsletters offered there. This includes in particular advertising banners and text advertising in newsletters (hereinafter "online advertising").
1.2 Deviating, conflicting or supplementary general terms and conditions will not become part of the contract, even if wein.plus is aware of them, unless wein.plus expressly agrees to their validity in writing.
2. Conclusion of contract
2.1 A contract between wein.plus and the advertiser, an advertising agency or any other third party (hereinafter uniformly referred to as "customer") is concluded upon acceptance of the customer's order by wein.plus.
2.2 A contract for advertising with an advertising agency or an advertising intermediary is only concluded by wein.plus for named customers. Upon request, the advertising agency or the advertising agent must provide proof of his or her assignment.
3. Rights and obligations of wein.plus
3.1 wein.plus will place the advertising order in accordance with the information in the order form. The customer has no right to have the advertising placed at a specific position on the respective website or printing unit.
3.2 If the remuneration for online advertising is calculated on a CPM basis, wein.plus will inform the customer on request (before placing an order) about the number of page views and the click rate (ratio of page views to clicks) of the websites on which the online Advertising of the customer is placed.
3.3 If the advertising is not obviously recognizable as advertising, wein.plus can mark it as such, in particular with the word "advertisement" and / or separate it from the editorial content in order to clarify the advertising character.
3.4 In consultation with the customer, wein.plus is entitled to partial services.
3.5 wein.plus reserves the right to postpone the date for the publication of an advertisement if there are legal concerns (e.g. copyright, criminal law) against the publication, the relevant service for online advertising is not available for legal reasons or technical circumstances Prevent publication on the agreed date. When postponing the appointment, wein.plus will take into account the customer's known interests.
3.6 wein.plus is entitled to interrupt the advertising or to reject the materials and content provided by the customer for the advertising if there is reasonable suspicion that the content and materials, including the content referred to by link in the online advertising violates the law of the Federal Republic of Germany or violates the rights of third parties. wein.plus will immediately notify the customer of the block, stating the reasons.
In such a case, wein.plus can offer the customer to change the respective advertisement. Additional costs due to re-programming or re-programming the website with online advertising are to be borne by the customer in accordance with the prices stated in the media data; Expenses are reimbursed.
3.7 wein.plus can also reject content and materials if they do not meet the requirements in terms of content or quality. In this case, the customer is entitled to send wein.plus a modified version of the advertising. If this replacement advertising is not received by wein.plus in time, i.e. At least 12 hours before the first publication for online advertising or 60 working days before publication for print advertising, wein.plus retains the right to the contractually agreed remuneration even if the advertising is not published or is not published in time.
3.8 wein.plus further reserves the right to reject advertisements from wein.plus competitors. The parties agree that wein.plus is entitled to extraordinary termination if wein.plus only becomes aware of the circumstances justifying the rejection after the contract has been concluded. In such a case, the customer has no further claims.
3.9 wein.plus has the right to conclude advertising contracts with the customer's competitors.
3.10 wein.plus does not owe the creation of graphics and advertising texts. If wein.plus provides these services on the basis of an individual written agreement, the costs for the creation of graphics and advertising texts will be remunerated separately.
4. Rights and duties of the customer
4.1 The customer shall provide wein.plus with the materials and information required for both print and online advertising in full and without errors at least five working days before the planned publication. The customer must check the materials and type of advertising beforehand to ensure that they are lawful. The customer guarantees that the material is suitable for the agreed purposes, in particular for screen display, in the appropriate environment and in the contractually agreed type and size.
4.2 The customer undertakes to comply with the technical and content specifications in accordance with the contractual regulations. In addition, the specifications of the media data available at the URL apply, which can also be requested from wein.plus in written form.
For the creation/revision of advertisements, we charge for the graphic work, depending on the amount of work involved, according to the in-house rate of 60 euros per hour, but at least a flat rate of 30 euros. Design work/revision of advertisements will be charged separately according to the time required in accordance with the collective agreement for design services SDSt / AGD. With the approval of drafts, final versions or final artwork by the client, the client assumes responsibility for the correctness of text and images.
The advertisement designed by the Publisher remains the property of the Publisher and may not be passed on to third parties without the agreement of the Publisher. Violations will be prosecuted under criminal law.
4.3 The customer must examine the online advertisement immediately after publication and report any errors immediately, at the latest within five working days of the first publication. After expiry of this period, the Online Advertising shall be deemed to have been accepted.
4.4 All services provided by wein.plus are subject to correct and timely delivery to wein.plus, as well as the fulfillment and performance of the customer's obligations and cooperation. The customer shall name a wein.plus employee as contact person.
4.5 The customer agrees to comply with the applicable data protection regulations - especially the Federal and Teleservices Data Protection Act - and to impose this obligation on his employees.
4.6 The customer assures that the advertisement as such as well as its contents are in accordance with all relevant legal regulations and in particular do not violate criminal or competition law regulations and do not violate the rights of third parties.
5. Granting of rights
5.1 The customer grants wein.plus the worldwide simple rights of use, limited to the term of this contract, to the content made available in connection with the advertising, in particular the advertising content, which are necessary for unrestricted use on the Internet for the implementation of this agreement.
This includes in particular the online access and transmission right as well as the right to make available on demand, the broadcasting right, the reproduction and distribution right and the archiving and database right, in each case including all digital and analogue transmission and retrieval technologies, in particular via cable, radio (terrestrial) and microwaves including all processes (such as in particular GSM and UMTS etc.). Satellites, including direct satellites, using all known protocols (in particular TCP/IP, HTTP, WAP, HTML, XML etc.) and including all receiving devices such as in particular PCs and computer networks, mobile phones, pocket PCs, radios and other terminal devices.
5.2 The granting of rights is limited in time for the duration of this contract. The rights of use are expressly transferred only as simple rights, i.e. the customer remains entitled to dispose of the rights to the contractual contents and materials himself. Upon termination of this agreement, wein.plus shall leave the use of the content provided to the customer and shall either return any materials supplied by the customer or destroy them as proven.
5.3 The customer assures that he/she is entitled to set the hyperlinks associated with the advertisement.
5.4 The customer guarantees that he/she is entitled to dispose of the rights granted to wein.plus by this contract, in particular the necessary copyright and ancillary copyright rights. The customer further guarantees that personal rights of third parties or other rights of third parties are not violated by an evaluation of the content in accordance with the contract.
5.5 The customer shall indemnify wein.plus against claims by third parties that should be raised in connection with a contractual evaluation of the content or through failure to comply with the customer's obligations under clause 4.6. Reimbursable costs also include the reasonable costs of legal prosecution and legal defence that wein.plus should incur in enforcing the rights assigned to wein.plus under this agreement or in defending itself against claims by third parties. wein.plus will, however, inform the customer immediately of any legal prosecution and legal defence measures that need to be taken and give the customer the opportunity to take legal action against the third party or parties.
6. Prices, terms of payment, sepa direct debit, periods of notice
6.1 If the remuneration is not expressly regulated in the order form, it is derived from the media data in the current version, which can be accessed at the URL http://www.wein.plus.de/werbung or obtained from wein.plus in written form.
6.2 wein.plus reserves the right to change the remuneration set out in the media data. A change is made at most twice a year. If these prices are changed, the new conditions also apply to current contracts, in the case of price reductions with immediate effect, and in the case of price increases after one month after receipt of the notification of price changes.
6.3 In the event of price increases of more than 5% compared to the previous price, the customer has an extraordinary right of termination. The customer must exercise this right in writing to wein.plus within ten working days after receipt of the notification of the price increase, otherwise the price change is considered approved.
6.4 The prices published by wein.plus are net amounts. wein.plus will show any applicable statutory sales tax separately.
6.5 Advertising services by wein.plus are due for payment on the first day of publication of the advertisement against invoice by wein.plus. If advertising cannot be placed due to non-fulfillment of customer obligations or due to clause 3.6, the first day of the planned publication is decisive for the due date.
6.6 A shortened deadline applies for pre-announcements (prenotification) for basic direct debits
of 3 calendar days.
6.7 The period of notice for Business Membership and Private Membership is four weeks before expiry. If no notice of termination is given by then, it will be extended by a further year.
7.1 In the event of advertising defects, wein.plus shall, at its own discretion, first remedy the defects or deliver a replacement. If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the remuneration or cancellation of the contract. In the case of only minor defects, the customer has no right to withdraw from the contract.
7.2 The customer must notify us in writing of obvious defects in the advertising within a period of 2 weeks from the time the advertising goes live; otherwise the assertion of warranty claims is excluded. The timely dispatch of the notice of defects shall be sufficient to meet the deadline.
7.3 Events of force majeure which make it considerably more difficult or impossible to fulfil a service or obligation entitle the affected party to postpone the fulfilment of this service or obligation for the duration of the hindrance and a reasonable start-up time. Industrial disputes in the parties' companies or industrial disputes in third companies are equivalent to force majeure. If, due to the nature of the impediment, it cannot be expected that the service will be provided within a reasonable period of time, each party shall be entitled to withdraw from this contract in whole or in part with regard to the part of the service not yet provided.
7.4 Otherwise, wein.plus is only liable to the extent that wein.plus, its vicarious agents and/or legal representatives are guilty of intentional or grossly negligent conduct. This does not apply if wein.plus, its vicarious agents and/or legal representatives violate the main obligations of the contract.
7.5 In the case of slight negligence, wein.plus and/or its vicarious agents and legal representatives are not liable for financial loss with regard to indirect damages, especially consequential damages, unforeseeable damages or atypical damages as well as loss of profit.
7.6 In the case of financial losses in the case of slight negligence, the liability of wein.plus is limited to the total compensation to be paid by the customer according to clause 6.
7.7 A statutory strict liability of wein.plus - especially a liability under the Product Liability Act and a statutory guarantee liability - remains unaffected by the above limitations of liability (clauses 7.4-7.6). Similarly, clauses 7.4 to 7.6 do not apply to the liability of wein.plus in the event of culpable injury to life, body or health of the customer.
7.8 Clauses 7.4 to 7.7 cover all contractual and non-contractual claims resulting from this agreement or the use of the services and/or wein.plus site.
7.9 Claims of the customer against wein.plus due to poor performance or deficiencies in advertising are subject to a limitation period of one year after the claim arises and wein.plus is aware or grossly negligent or intentional ignorance of the circumstances justifying the claim. This does not apply to claims in tort or claims based on intentional behaviour by wein.plus.
8. Right of withdrawal
8.1 You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
8.2 In order to exercise your right of revocation, you must inform us (wein.plus GmbH, Wetterkreuz 19, 91058 Erlangen, Germany, e-mail: firstname.lastname@example.org, telephone 09131 7550-0 (Mon-Fri, 9 a.m. to 5 p.m.)) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached model revocation form for this purpose, but this is not mandatory.
8.3 In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
8.4 If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery from the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
8.5 We may refuse to make any refund until we have received the Goods or until you have provided proof that you have returned the Goods, whichever is earlier.
8.5 You must return or hand over the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this Agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period.
8.6 You shall bear the direct costs of returning the goods.
8.7 You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
8.8 There are legal exceptions to the right of revocation (§ 312g BGB), whereby we reserve the right to invoke the following provisions in relation to you: A right of revocation does not exist for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. It may expire prematurely in the case of contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature, and in the case of contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
8.9 Sample of the cancellation form The cancellation form is available in the form specified under III. No. 1 above is reproduced below. You do not have to use it.
Sample revocation form (If you wish to revoke the contract, please complete and return this form)
Am Wetterkreuz 19
Phone: 09131 7550-0
- I/we (*) hereby revoke 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 in case of communication on paper)
Date _____ (*)
Delete as applicable.
9. Final provisions
9.1 Amendments or supplements to these General Terms and Conditions must be made in writing, by fax or by e-mail. If they do not satisfy this form, they are null and void. This also applies to changes to this clause.
9.2 The place of jurisdiction is the registered office of wein.plus (Erlangen), provided the customer is a merchant as defined in the German Commercial Code, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a registered office or usual place of residence in the Federal Republic of Germany when the action is filed.
9.3 The customer is only entitled to assign or transfer claims from this contract with the prior written consent of wein.plus. The customer is only entitled to offset or withhold payment if the claims are undisputed or have been legally established.
9.4 The contracting parties will only issue, publish or otherwise make available to third parties any press releases, press releases and other public statements regarding the conclusion or implementation of this agreement by prior mutual agreement. wein.plus has the right, regardless of this, to refer to the cooperation regulated by this agreement.
9.5 The law of the Federal Republic of Germany applies. UN sales law (CISG) does not apply.