General Terms and conditions:
Terms and conditions for subscriptions:
1. Property claims are reserved in accordance with Article 455 of German Federal Law
until all claims relating to current business transactions have been satisfied.
2. Redelivery of lost books or magazines cannot be effected free-of-charge.
3. If goods are delivered in a damaged state, claims should be made to the appropriate delivery,
courier, postal or miscellaneous service (Deutsche Post AG, rail companies, trading agents etc.)
4. Subscriptions that are not cancelled in writing three months before the respective annual subscription period
expires are prolonged for a further year. Online subscriptions sent via web-based forms or as e-mail
attachments are valid without a signature.
5. The respective Subscription Rate is quoted in every issue of PROFESSIONAL LIGHTING DESIGN
adjacent to the Editorial.
Payment is to be made within 21 days within the date of invoice. Processing will take place in Gütersloh, Germany under the legal jurisdiction of the District of Gütersloh.
Our homepage serves to provide general information. Its content is not binding. We make every effort to update our website regularly, but accept no responsibility for the relevance, correctness, completeness, quality or source of the data provided. Furthermore, we accept no liability for damages incurred through the use of information provided on our website. As a service for the user, the website also contains links to servers of other companies or organisations. We accept absolutely no guarantee or responsibility for the content, relevance, correctness, completeness, quality or source of the data provided on these link websites, or in the files that can be downloaded from the same. We bear no liability for the websites of third parties.
“Personal data” covers information that can be used to trace your identity. This includes your correct name, address and telephone number. This term does not apply to information that is not directly linked with your identity (such as your favourite web pages or the number of users per site). The fundamental functions of our website can be used without revealing your identity. Should you decide to take advantage of our personalised services to order a book or magazine, or to subscribe to a magazine, you will be asked to supply your name and other personal data. You are free to decide whether you wish to enter these details, but certain functions of the website will remain unavailable to you should you not wish to enter this information.
Data you provide us with is stored on protected servers in Germany. Access is granted to a few authorised persons only, who use the servers for technical, commercial or editorial purposes connected with the publications we produce. In conjunction with your accessing our website, data is saved on our server for security reasons, which may lead to your identification (for example, IP address, date, time and pages viewed). Personal data is not used for commercial purposes. We reserve the right to evaluate anonymous data for statistical purposes.
Release of personal data to third parties:
Personal customer data is not released to third parties. Exceptions to this are:
1. Service partners who require data to process your order
2. Companies who procure addresses from VIA-Verlag for the distribution of marketing literature. Please inform VIA-Verlag by email. If you do not wish your address to be forwarded for this purpose, please send an e-mail to email@example.com.
In these cases, the data released is kept to the required minimum.
Credit card information is only viewed by our Distribution and Accounts personnel.
Contributions to our website and links to external websites are freely accessible on the net. For this reason, we advise you to check all contributions carefully before publication to make sure they do not contain information which you do not wish to be made available to the general public. Please consider that your contributions may be incorporated into search engines and made available on the worldwide web, irrespective of your connection to our company. Some operators do not allow subsequent deletion or correction of such contributions.
Right to Revoke:
If you have made personal data available to us, you may request at any time to have this deleted. Data required for accounting or bookkeeping purposes is exempt from this right.
We only use “cookies” (small files containing configuration information) when they are imperative for user function. They only serve to facilitate the use of our web pages. Certain pages contain advertisements which are supplied directly by companies or agencies. We cannot provide advance information about cookies used in this context. The majority of browsers are adjusted to accept cookies automatically. You can deactivate these cookies or adjust your browser so that you are informed as soon as cookies are sent. If you choose to deactivate cookies, certain sections of the website may no longer function unless cookies are reactivated.
Persons under the age of 18 are requested not to transmit personal data to us without the consent of their parents or guardians. We do not request, save or forward data from children and young adults under 18 to third parties.
Links to other websites:
Our website contains links to other websites. We have no influence over their operators and whether they observe Data Protection
Questions and comments:
Should you have comments or comments regarding data protection, please send an e-mail to VIA-Verlag at: firstname.lastname@example.org.
Validity of terms and conditions:
This English translation of the General Terms and Conditions of VIA Verlag is uniquely for the use of non-German speakers. While it remains true in content to the original German version, only the German version remains legally binding. Should legal questions arise, the original German version will be referred to as the agreement between the publisher and client.
Terms and conditions for advertising customers:
1. An insertion order as defined by the Business Terms and Conditions is the contract concerning the publication of one or more advertisements by an advertiser or other body acting on behalf of the advertiser for the purpose of distribution.
2. If the date of publication has not been stipulated for individual advertisements from a multiple booking, the advertisements must be placed within twelve months from conclusion of contact. Should the contract contain the right on the part of the Ordering Party to stipulate the publication of the first advertisement of a series in a later issue other than that appearing immediately after conclusion of contract, subsequent advertisements in a booked series must appear within twelve months from the publication of the first advertisement. NB: Online advertisements (web only) will be published at 9.00 CET on the first day of the campaign. Weekly campaigns shall commence on Mondays.
3. The Ordering Party is entitled to book further advertisements to those first booked within the agreed period, or within the period stipulated under point 2 respectively.
4. If an order is not implemented for reasons which are not the responsibility of the Publisher, the Ordering Party shall reimburse the Publisher, irrespective of any legal obligations, for the discount corresponding to the difference between the acceptance granted and the actual acceptance. Such reimbursement can be dispensed with if the non-implementation was caused by Force Majeure within the scope of the risks to be borne by the Publisher. 5. When calculating the invoice amount for the advertising space booked, the rate per millimetre for advertising space is calculated and not the rate per millimetre for text.
6. Orders for advertisements and inserts that are to appear in specific issues or in specific positions within the publication must be submitted to the Publisher in good time so that the Ordering Party can be informed before copy date if it is not possible to execute his order as requested. Classified advertisements are printed in the section of the publication reserved for classified ads.
7. Cut-ins are advertisements where at least three sides border on text and not on other advertisements. Advertisements that are not recognizable as such on the basis of their layout shall be clearly identified as advertisements by the Publisher.
8. The Publisher reserves the right to reject any advertisement (also within a booked series) or inserts on the basis of their contents, the origin or their technical form in the event that the contents are in violation of the law or of regulations issues by the authorities, or in the event that the publication of such advertisements is deemed unacceptable by the Publisher for moral or other reasons. This also applies for orders placed through company subsidiaries or agencies acting on behalf of advertising companies. Orders involving inserts shall not be considered binding for the Publisher until a sample has been presented and approved by the Publisher. The Publisher shall not accept inserts, which, by virtue of their format or presentation, leave the reader with the impression that they are part of the publication concerned. Advertising in the app must not contain any obscene, pornographic, offensive or defamatory content or materials of any kind (text, graphics, images, photographs, etc.), or other content or materials that in Apple’s reasonable judgment may be found objectionable. The Ordering Party is to be informed immediately, should his order be rejected. Please note that the Publisher cannot accept any liability for website hosting problems experienced by the Publisher’s website Provider (Host).
9. The Ordering Party shall be responsible for the prompt and correct delivery of all copy and art for advertisements, inserts, etc. The Publisher shall demand immediate replacement for any copy or artwork that is obviously unsuitable or damaged. The Publisher guarantees the standard printing quality for the respective publication with the scope of the possibilities provided by the copy/art.
10. In the event that advertisements are printed in such a manner that they are illegible, incorrect or incomplete, either entirely or in part, the Ordering Party shall be entitled to a discount or a substitute advertisement, correction being effected to the extent to which the advertisement has been impaired. Should the Publisher not amend the error within a stipulated period or should the substitute advertisement also be faulty, the Ordering Party has the right to a reduction on the invoice amount or cancellation of his order. Compensation for damages based on culpa in contrahendo and civil offences are hereby excluded – this also applies to orders placed by telephone; compensation for damages based on the impossibility of performance and delay shall be limited to the amount of the anticipated damage and to the fee to be paid for the advertisement or insert. This shall not apply in the case of deliberate and gross negligence on the part of the Publisher, his legal representative or persons employed by him in the performance of his obligations. The liability of the Publisher for damage attributable to the absence of warranted qualities shall not be affected by this provision. Within the scope of commercial transactions, moreover, the Publisher shall not be liable for gross negligence on the part of persons employed by him in the performance of his obligations; in all other cases the liability for gross negligence towards business people shall be limited to the amount of the anticipated damage, the amount of which shall not exceed the value of the respective advertisement. Complaints – apart from those relating to non-apparent defects – must be asserted within four weeks after receipt of invoice and voucher copy.
11. Advance proofs shall be supplied only if expressly requested. The Ordering Party shall be responsible for the correctness of the advanced proof on return. The Publisher shall take account of all corrections of which he is notified within the deadline agreed upon. 12. Should no special dimensions be stipulated, the price for the advertisement shall be based on the standard dimensions given for the type of advertisement booked.
13. Unless the Ordering Party pays in advance, the invoice will be sent immediately on publication of the advertisement, within 14 days after publication. The invoice is to be paid within the period of time stated in the rate card, the period being calculated from the date of receipt of the invoice, unless a different period of payment or advance payment has been agreed upon.
14. In the event of delayed or instalment payment, interest and collection costs shall be charged. In the case of delayed payment or should there be justifiable doubt concerning the solvency of the Ordering Party, the Publisher shall be entitled to make the appearance of the order contingent upon the settlement of unpaid invoices regardless of the payment date originally agreed upon, or request advance payment for the remaining advertisements.
15. The Publisher shall provide a voucher copy of the advertisement together with the invoice, if requested. Depending on type and size of order the voucher copy will take the form of a cutting, certain relevant pages or a complete issue of the publication. If there is no voucher copy available, the Publisher shall be obliged to issue legally binding certification as to the publication and distribution of the advertisement.
16. The costs incurred for the production of copy, drawings and any substantial amendments made at the request of the Ordering Party are to be borne by the Ordering Party.
17. In the event of reduced circulation, a discount may be granted on invoice amounts resulting from contracts covering a series of advertisements. This is valid when the overall average circulation quoted in the rate card in the year in which the first advertisement appears – or when no circulation statistics are quoted – is lower than the average paid circulation ((in the case of trade journals the average total circulation) of the previous year. Reduced circulation can only be cause for a discount, when a circulation of up to 50,000 copies is reduced by 20 per cent. Price reductions are not granted when the Publisher has informed the Ordering Party of the reduced circulation in good time so that the latter may withdraw from the contract.
18. In the case of box number advertisements the Publisher shall treat offers correctly and with care and discretion. Registered letters and express post received by the Publisher in response to box number advertisements are forwarded at the standard postal rate. Replies to box number advertisements are held by the Publisher for four weeks. Replies that are not collected within this period of time shall be destroyed. The Publisher will return valuable documents, although he is not under any obligation to do so. In the interest and protection of the Ordering Party the Publisher maintains the right to open and control incoming offers in order to prevent the box number service from being abused. The Publisher is not obliged to forward offers from persons or agencies offering a placement service.
19. Copy is only returned to the Ordering Party, if this is expressly requested. The obligation to keep copy ends three months after the contract has expired.
20. The Publisher treats and controls the correctness of advertising texts with the standard care due, is however not liable when he is misinformed or deceived by the Ordering Party. By placing an order for an advertisement the advertiser is obliged to bear the costs (as per standard valid rates) for the publication of a counter presentation that refers to claims stated in a published advertisement.
21. The Ordering Party shall be responsible for the contents and the legal admissibility of the text and graphic data / documentation submitted as material for the advertisement to be published. The Ordering Party is obliged to release the Publisher from claims lodged by third parties, should they arise in the course of the order being executed by the Publisher as arranged, even if the order has not been cancelled in good time. The Publisher is not obliged to examine whether orders and advertisements undermine the rights of third parties. The Ordering Party has no rightful claims vis-à-vis the Publisher, should advertisements appear against the wishes of the Ordering Party, but when they have not been cancelled within the stipulated period. The Ordering Party shall be obliged to release the Publisher from all claims resulting from contravention of copyright.
22. Cancellations must be made in writing. In the event of the cancellation of an advertisement, the Publisher can charge the Ordering Party for the costs for setting.
23. Offers from agencies in reply to box number ads are not forwarded.
24. In the case of Force Majeure or strikes the Publisher is released from his obligations to complete the execution of orders or to pay damages.
25. The Publisher reserves the right to stipulate special rates for advertisements in special inserts, publications and collective advertisements.
26. Departments or agencies handling advertisements on behalf of the advertising company shall be obliged to adhere to the rate card issued by the Publisher when negotiating with the advertiser (i.e. when formulating offers, concluding contracts and drawing up invoices). The agency commission granted by the Publisher must not be transferred to the Ordering Party, neither as a whole nor in part.
27. In the event of defects in copy not being immediately recognizable but only discovered when the material is processed, the advertiser shall be obliged to bear the increased costs or losses incurred during production.
28. The place of performance shall be identical to the domicile of the Publisher. The legal venue shall be identical to the domicile of the Publisher. For any claims of the Publisher that are not asserted by means of summary proceedings for recovering debts, the legal venue for non-business people shall be identical to their place of residence. In the event that the place of residence of the Ordering Party, or his or her usual abode, is unknown at the time the legal action is instituted, or in the event that the Ordering Party has moved his or her place of residence, or changed his or her usual abode, out of the area of jurisdiction of the law, it is agreed that the domicile of the Publisher shall be the legal venue.
VIA-Verlag, Joachim Ritter e.K.
Marienfelder Strasse 18
Tel + 49 5241.30726-0
Fax + 49 5241.30726-40
Current as of 01.10.2013
©2017 published by VIA-Verlag | Marienfelder Strasse 18 | 33330 Guetersloh | Germany