General terms and conditions of JUVE Verlag für juristische Information GmbH, Cologne
“Advertising contract” = contract on the publication of one or more advertisements of a particular customer.
“Publisher” = JUVE Verlag für juristische Information GmbH, Cologne (shortened to JUVE Verlag or JUVE).
“Publications” = publications of JUVE Verlag: JUVE Handbuch Wirtschaftskanzleien / German Commercial Law Firms (German and English editions); monthly periodical JUVE Rechtsmarkt (JUVE legal market, including special issues), semester periodicals “azur” and “azur 100” for students and junior lawyers, JUVE Internet pages www.juve.de and www.azur-online.de, and the newsletters JUVE/azur Newsline.
II. Advertising contract
1. Conclusion of the contract
The advertising contract is concluded between Client and Publisher upon Client receiving confirmation of the order by Publisher. The content of the contract can either be solely the positioning of an advertisement or also the production, editing and positioning of an advertisement based on the information provided by Client. The subject of the advertising contract can be individual ads for a specific publication or also long-term ads for several issues of one particular publication. As agreed in individual cases, Client undertakes to send a fair copy of the ad template (text or file) to Publisher.
If the ad template does not comply with the technical specifications and formats communicated by the Publisher, Publisher shall assume no responsibility for the proper and timely placement of the ad. Publisher requests print documents that are clearly unsuitable or damaged to be replaced at the earliest possible date.
In case data is electronically transmitted, Client shall ensure that the transmitted data/files do not pose a security risk to Publisher’s systems, for instance on account of viruses or other technical problems.
Client shall compensate Publisher, if Publisher suffers damage caused by infected files sent by Client or other technical problems for which Client is responsible.
2. Rejection of advertising orders
Publisher is not obliged to accept advertising orders, especially if the ads in question violate any laws or regulatory requirements or the publication thereof is not feasible. Publisher shall immediately notify Client of Publisher’s decision to reject Client’s order.
3. Drafts/sample prints
Publisher shall send drafts or sample prints to Client only at the explicit request of Client. This, however, does not apply to the JUVE Handbuch Wirtschaftskanzleien / German Commercial Law Firms (German and English editions), in which case Publisher is obliged to send drafts or sample prints to Client.
If Publisher sends Client drafts or sample prints, Publisher shall require the written approval of Client in order to carry out the advertising order. Approval shall be deemed granted if Client does not notify Publisher of any change requests within the time limit specified by Publisher. When sending the drafts/sample prints, Publisher will inform Client of the significance of the specified time limit for purposes of approval and state the consequences of failure to comply with said time limit. Publisher undertakes to correct all errors brought to Publisher’s notice by Client within the time limit specified for purposes of approval.
4. Specimen copies
Publisher shall send to Client, together with the invoice, one specimen copy containing the positioned ad. Unless Publisher can be held liable, Publisher shall not be obliged to send a specimen copy to Client in the event of short delivery by the printing press.
5. Cancellation, refund
Client may cancel the advertising order. If the contract includes a deadline (closing date) for Client to send a draft of the ad to Publisher, Client shall state reasons for cancelling their order prior to the closing date.
In the event that Client cancels an order, Publisher is entitled to claim a fee as compensation for expenses incurred by Publisher. If Client cancels an order prior to the specified closing date, Client agrees to pay Publisher 70% of the advertising base price for each cancelled order. Client shall pay the full amount of the contractually agreed price for any cancellations made after the closing date.
If Client cancels an order for the publication of a long-term ad (one or more ads) prior to the closing date, Publisher is entitled to charge 70% of the contractually agreed advertising base price for the following issue of the relevant publication. For every additional cancellation, Publisher is entitled to charge 50% of the contractually agreed advertising base price.
Following effective cancellation of an order, Client is, in every case, entitled to request Publisher to prove that no or only minor costs have been incurred.
At Client’s explicit written request, Publisher shall return to Client documents and samples provided by Client not later than two weeks after publication of Client’s ads. Publisher’s obligation to retain documents and samples provided by Client shall end six weeks after publication of Client’s ads.
III. Guarantee, liability
1. Guarantee for ads
In case of an imperfect or inaccurate copy of an ad subcontracted by Publisher (especially wholly or partially illegible, incorrect or incomplete copy), Publisher is entitled to remedy such imperfections or inaccuracies to the extent to which the purpose or integrity of the message of the ad was compromised.
Publisher is entitled to subsequent performance on more than one occasion, insofar as this is deemed reasonable for Client.
In the event that Publisher is not willing or able to remedy imperfections or inaccuracies, or if the remedy thereof is delayed beyond a reasonable period of time for reasons for which Publisher is responsible, or if Publisher’s attempts to remedy the same are unsuccessful in any other way, Client is entitled, at Client’s own discretion, to demand a reduction in the price (reduction), ask for an annulment of the contract (cancellation), or demand compensation instead of fulfilment of obligations. Client shall not be entitled to rescind or cancel the contract in case of minor imperfections or inaccuracies.
A drop in circulation of the publication does not entitle Client to claim a reduction in the price.
In all other respects, the statutory warranty regulations shall apply for the advertising contract as well as for purchase and sales contracts concerning the delivery of goods (in particular the JUVE Handbook German Commercial Law Firms and periodicals of Publisher).
2. Retention of title upon delivery of goods
Delivered goods shall remain the property of Publisher until all payments have been made in full.
Publisher is liable without limitation for injury to life, limb or health and in cases of gross negligence and wilful intent.
Furthermore, Publisher shall be liable for claims from impossibility of performance and default, as well as for claims arising from the violation of essential contractual obligations (so-called cardinal duties), and shall also be liable for ordinary negligence; Publisher’s liability in this case is limited to the level of foreseeable damages typical to the contract. Essential contractual duties are contractual duties that absolutely need to be fulfilled to allow proper performance of the contract in the first place and on the observation of which the contractual partner usually relies and is reasonably allowed to rely. Typical, foreseeable damages are damages that relate to the protective purpose of the respective breached contractual obligation or legal standard according to objective criteria. For all other purposes, Publisher shall not be liable for claims arising from ordinary negligence. The aforementioned limitations of liability shall also apply to Publisher’s institutions and vicarious agents.
With regard to entrepreneurs as defined in § 14 BGB (German Civil Code), the extent of liability for claims arising from gross negligence is limited to the foreseeable damage (up to the amount of the relevant advertising price).
Publisher shall not be liable for any loss or damage, consequential or otherwise, caused by acts of God.
Publisher shall not be liable to Client for consequential damages related to the advertisement. This exclusion of liability does not apply to consequential damages arising from malicious intent or gross negligence on the part of Publisher or Publisher’s vicarious agents.
IV. Payment terms
If no terms of advance payment are provided for in the contract, Publisher shall immediately invoice Client for the placement or production of a relevant ad, however no later than 14 days after publication of said ad.
2. Advance payment
50% of the contractually agreed advertising base price is due and payable in advance for booking an ad in JUVE Handbuch Wirtschaftskanzleien / German Commercial Law Firms (German and English editions) or the semester periodical “azur”/“azur 100”. Within 14 days after receiving the confirmation of the order by Publisher, Client shall pay this amount without any deduction. Payment by cheque/bill of exchange shall be deemed effected once the check/bill of exchange has been honoured and the amount is at Publisher’s disposal.
If Publisher has reasonable doubt regarding Client’s solvency, Publisher is entitled, even during the term of the advertising contract, to make the publishing of advertisements a contingent on the prepayment of the amounts charged and on the settlement of unpaid invoices, irrespective of the initially agreed payment deadline.
3. Due dates
Client undertakes to pay the relevant amount without any deduction in advance no later than 14 days following receipt of invoice, unless Publisher and Client have agreed on a different payment deadline.
Moreover, payment of invoiced amounts for placement of ads is due without any deduction no later than 14 days after publication of the relevant ad as per the terms of the contract.
Payment of invoiced amounts for the sale of goods is due without any deduction no later than 14 days after receipt of the relevant invoice.
In this regard, all applicable transfer fees shall be borne by Client and may not be deducted.
4. Interest on late payment, liquidated damages
If Client defaults on payment, or if Publisher grants an extension for a particular payment, the overdue amount will incur interest at the statutory interest rate. Client shall reimburse Publisher (up to maximum €10.00) for costs incurred by Publisher on account of Client’s recall of direct debits. Client is, in every case, entitled to request Publisher to prove that no or only minor costs have been incurred.
Place of performance is Cologne, Germany. The place of jurisdiction for all transactions with merchants, legal entities of public law and separate funds under public law and for all disputes arising from the contractual relationship with Client is Cologne, Germany.
2. Severability clause
If any provisions of this contract are or become invalid, this shall not affect the validity of the other provisions.
Cancellation policy notice
If Client is a consumer as defined in § 13 BGB (German Civil Code) and if the contract concluded with Publisher pertains to the delivery of JUVE Handbook German Commercial Law Firms (German and English editions) or if the contract pertains to the delivery of Publisher’s periodicals and has been concluded via telephone, Client shall, without stating reasons, be entitled to revoke their contractual statement in writing (e.g. letter, fax, email) within 14 days or by returning the ordered item if said item is delivered to Client before the end of the cancellation period. The cancellation period shall commence after receipt of this notice in writing but not before receipt of the ordered item by recipient (not before receipt of the first partial delivery in case of similar goods are delivered on a recurring basis), nor before Publisher has fulfilled its obligation to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB (Introductory Act to the German Civil Code). In order to adhere to the cancellation period, sending the cancellation or the information in due time will suffice. The cancellation is to be addressed to:
JUVE Verlag für juristische Information GmbH
P.O. Box 250429, 50520 Cologne
Fax: 0049/(0)221/91 38 80-18
In the case of an effective cancellation, mutually received services must be returned and any benefits obtained (e.g. interest) must be refunded. If Client is not able to completely or partly return the services received, or only in a deteriorated state, Client will have to pay compensation for the respective value, if applicable. This does not apply to the surrender of goods, if the deterioration of the item can be exclusively ascribed to its inspection – as would have been possible for Client at a shop or retail outlet. Furthermore, Client can prevent the obligation to compensation with regard to a deterioration caused by the proper use of the goods, by not putting the item into use as if it were Client’s own property and by refraining from doing anything to affect the value of said goods. Items eligible for shipping as a package are to be returned at Publisher’s risk. Client shall bear the return costs, if the delivered goods do not correspond to the ordered goods, and if the price of the item to be returned does not exceed an amount of €40.00, or if, in case of the item’s price being higher, Client has made no compensation or contractually arranged partial payment at the time of the cancellation. Return delivery shall otherwise be free of charge for Client. Obligations of refunding payments must be fulfilled within 30 days. For Client, this period will begin with the sending of Client’s statement of cancellation to Publisher or with Client returning the relevant goods to Publisher. For Publisher, this period will begin with receipt of Client’s statement of cancellation or receipt of goods returned by Client.
End of cancellation instructions