Advertisements can generally be placed in the books and special publications of our publishing house.
For further information, please contact:
Publishing company: Bogisch GmbH
Contact: Dirk J. Bogisch
Tel: +49 7164 40 71
Fax: +49 7164 65 23
PMC Media House GmbH | General Terms and Conditions Advertising
These General Terms and Conditions shall apply to all contracts concluded with PMC Media House GmbH (hereinafter referred to as "Publisher") on the publication of advertisements, irrespective of whether the person placing the order or customer is a consumer, entrepreneur or merchant. We do not accept any different conditions of the clients or customers. This is also valid, even if we do not expressly object to their inclusion.
"Advertising order" within the meaning of the following general terms and conditions is the contract for the publication of one or more advertisements of an advertiser or other advertisers in a print / e-book with the purpose of dissemination.
- Orders for advertisements or advertising may be submitted in person, by telephone, in writing, by e-mail, by fax or via the Internet. The publisher is not liable for transmission errors. Disputes over published advertisements must be raised within one year of conclusion of the contract. In the case of termination, the right of cancellation of single advertisements, is framed in the contract within a year of the appearance of the first advertisements in so far as the first advertisement is published within the term stated in clause 1.
- In the case of termination, the customer shall be entitled to place further advertisements beyond the quantity indicated in the order within the agreed period or the period specified in clause 1 above.
- If an order is not fulfilled due to circumstances beyond the publisher's control, the customer shall be reimbursed the full price, irrespective of any further legal obligations. The reimbursement is void if the non-fulfillment is based on force majeure beyond the risk level of the publisher. In the case of operational disturbances or intervention by force majeure (for example, struggles, confiscation, etc.), the publisher is entitled to full payment of the published advertisements if the orders are fulfilled with 80% of the guaranteed sold circulation.
- Text millimeter lines are converted into display millimeters at the corresponding rate card price.
- Orders for advertisements and third-party enclosures, which are destined to be published exclusively in certain numbers, certain editions or in certain places of the printed copy, must be received by the publisher in a timely manner so that the client can be notified before the advertisement deadline if the contract cannot be carried out in this way. Otherwise no guarantee can be given for the inclusion of advertisements in specific numbers, issues or places. Classified advertisements are printed in the respective section, without the express agreement being required.
- Text ads will be placed on editorial pages, unlike advertisements which will be placed on advertising pages. “Solus” ads are ads that are not adjacent to other ads. Advertisements which are not recognizable as advertisements due to their editorial design will be clearly indicated by the publisher with the word "advertisement".
- The publisher reserves the right to reject advertising orders - including individual ones within the framework of a financial deal - and supplementary orders due to the content, the source or the technical form according to standard, objectively justified principles. This refusal will also apply if the content of the advertisements or supplements violates laws or official regulations and thus their publication is unreasonable for the publisher. This also applies to orders placed at branch offices, acceptance offices or representatives. Supplementary orders shall be binding upon the publisher only upon submission of a specimen of the supplement and its approval. Supplements which, by means of format or presentation, give the reader the impression of a component of the printing unit or contain third-party advertisements are not accepted. The client shall be immediately informed of the rejection of an order. The client is solely responsible for the content and the legal permissibility of the text and image material provided for the insertion. It is the customer's responsibility to absolve the publisher from third-party claims arising from the execution of the order, even if it should have been cancelled. The publisher is not obliged to check orders and advertisements as to whether or not, third-party rights are affected by them.
- The customer is responsible for the timely delivery of the ad text and the correct printing material or supplements. The publisher shall promptly request a replacement for unprintable or damaged print material. The publisher guarantees the print quality customary for the title covered within the scope of the printing material capabilities.
- If the advertisement is illegible, inaccurate or incomplete, the customer is entitled to a reduction in the payment or to replacement advertisement, in whole or in part but only to the extent to which the purpose of the advertisement has been impaired. If the publisher does not leave a reasonable deadline for this purpose, or if the replacement notice is incorrect, the customer has the right to a reduction in the payment or to cancel the order. Complaints must be made within four weeks after receipt of invoice and voucher, except for obvious defects. The publisher is liable in all cases of contractual and external liability in the event of willful intent or gross negligence, in accordance with statutory provisions, for damages or replacement of futile expenses. In other cases, the publisher is only liable, unless otherwise stipulated, in the event of a breach of a contractual obligation, the fulfillment of which would allow the proper performance of the contract and on which the client may regularly rely (so-called cardinal obligation) for foreseeable and typical damage. In all other cases, liability is excluded subject to the following. Liability for damages resulting from injury to life, body or health and the Product Liability Act remain unaffected by the above limitations and waivers. The publisher shall make all error corrections, communicated to him within the time limit set during the transmission of the proofs. If the customer does not return the proofs, which were sent to him in good time, within the stipulated deadline, the approval for printing is deemed to have been issued.
- Proofs will only be delivered if explicitly requested. The client is responsible for the correctness of the returned proofs. customer is responsible for the timely delivery of the ad text and correct printing material or supplements. The publisher will promptly request a replacement for unprintable or damaged printing material. The publisher guarantees the print quality customary for the title covered within the scope permitted by the printing material
- If no special size specifications are given, then the advertisement will be set out in the standard normally used.
- If the client does not make advance payment, the invoice will be sent immediately, if possible 14 days after publication of the advertisement. The invoice must be paid within the time limit specified in the rate card from receipt of the invoice, unless a different payment period or advance payment has been agreed in individual cases. Any discounts for early payment are granted according to the rate card.
- In the case of default or deferment, interest and the collection costs will be calculated. In the event of a delay in payment, the publisher may postpone the further execution of the current order until payment is made and demand advance payment for the remaining advertisements. In the case of reasonable doubt about the solvency of the customer, the publisher is entitled to make the publication of further advertisements dependent on an initially agreed payment term on the prepayment of the amount and on the settlement of outstanding accounting amounts, even during the term of an advertisement.
- On request, the publisher will provide a voucher with the invoice. Depending on the type and scope of the advertisement order, ad slots, document pages or complete document numbers are delivered. If a document can no longer be obtained, it will be replaced by a legally binding certificate from the publisher concerning the publication and dissemination of the advertisement.
- Costs for the production of ordered prints, films, lithographs, materials and drawings, as well as for requested major changes to originally agreed material must be borne by the customer.
- A circulation reduction will only trigger a price reduction if it is more than 20%. Furthermore, in the case of financial statements, price reduction and compensation claims are excluded if the publisher has informed the client of the decrease in the circulation in due time so that the latter could withdraw from the contract before publication of the advertisement.
- In the case of box number advertisements, the publisher will apply proper care for the custody and timely forwarding of the offers. Registered letters and express letters are only forwarded by mail. The replies to keyed advertisements will be kept for four weeks. Communications which are not collected during this period are destroyed. The publisher will return valuable documents without being obliged to do so. The publisher reserves the right, in the interests and protection of the client, to open for inspection the incoming offers for the purpose of eliminating misuse of the postal service. The publisher is not obligated to forward business promotions and mediation offers. Letters exceeding the legal format DIN A4 as well as goods, books, catalogues and parcels are excluded from the forwarding and are not accepted. However, an acceptance and forwarding may be agreed in exceptional cases in the event that the customer assumes the resulting fees / costs.
- Printing material will only be returned to the client by special request. The obligation to store the material will end three months after the expiry of the order.
- Domicile is Leverkusen. Complaints regarding commercial transactions with merchants, legal persons of public law or public special funds will be handled by the courts in Mainz. If the client does not have a general court jurisdiction within Germany, Mainz shall be the court of jurisdiction. If the domicile or habitual residence of the client is unknown at the time the complaint is brought, or if the client has placed his place of residence or habitual residence from the scope of the law after conclusion of the contract, the place of jurisdiction of the publisher is the court of jurisdiction. German law shall apply to the contract. We will not participate in a dispute settlement procedure before a consumer mediation agency.
Status: 01 July 2017