Here you can find the General Terms and Conditions of Meininger Verlag GmbH and its subsidiaries.
For better guidance, they are divided into topics:
With regard to 1)
- User: All users registered with MEININGER ONLINE.
- Client: All users who can create a profile and/or register wines and/or post classified ads
- Subscriber: Registered users with a valid subscription
- Vendor: Meininger Verlag GmbH and its subsidiary Mundus Vini GmbH
The operator of the database and the Client’s contractual partner, if applicable, is
Meininger Verlag GmbH
represented by its Managing Directors:
Andrea Meininger-Apfel, Christoph Meininger and Peter Meininger
Telephone: +49 (0)6321 8908-0
Fax: +49 (0)6321 8908-73
3. Use of the database/registration
To use extra features such as registering samples at wine tastings or listing classified ads, users have to register for this service. You can register free of charge online via www.meininger.de.
Access to the extra features is password-protected. The Client/User sets the password himself when registering.
The Client is obliged to provide accurate, up-to-date and full details when registering and to notify the Vendor immediately if these details change at a later date. If the Client/User amends his/her details himself in his/her online client profile, this constitutes notification.
The Client/User is obliged to keep his login details secret and to prevent third parties from using his/her login details. In the event of misuse, the Vendor is entitled to deny access. The Client/User is also liable for any misuse of his/her login details. The User/Client must ensure that those using the database on his/her behalf comply with the obligation to keep the login details secret.
4. Right to withdraw
You can find all information on your right to withdraw here.
5. Scope of services/availability
The Vendor strives to keep the database up-to-date at all times. A database is not a static product, but is subject to ongoing technical and content-related maintenance, updates and development.
Therefore, the Vendor is entitled to continuously amend and update the content of its databases. This also includes the right to remove data and collections of data from the database, in part or in full.
During data administration, the possibility of errors occurring, of changes not being incorporated or of updated content not being displayed cannot be ruled out. Therefore, the agreed quality does not relate to whether the database is accurate, complete and up-to-date, nor to the relevant results lists. The Vendor strives to protect the database against attacks by viruses, computer worms, Trojans and any other kinds of malware that are harmful to computers. However, the Vendor cannot rule out the possibility of documents and parts of documents being infected by malware or similar during use or download, which may lead to errors, loss of data or other damage to the User’s system environment. The Client/User bears the risk of such virus transmission. He shall protect his/her system environment with up-to-date anti-virus software. The Vendor accepts no liability for losses suffered by Clients as a result of virus transmission in this way. The database is available 24 hours a day on weekdays, Sundays and holidays, in general. However, brief periods of downtime cannot be avoided when carrying out technical work to develop and improve the database and system environment. Maintenance-related periods of downtime of this kind are hereinafter referred to as “maintenance times”. Maintenance times are not considered a deviation from the agreed quality as long as the duration of the outage is no longer than 5% of the relevant billing period. When calculating admissible maintenance times, periods of downtime due to unforeseeable system failures that the Vendor is not responsible for are not taken into account (force majeure, system backup, etc.).
The Vendor reserves the right to display its own advertisements and third-party advertisements within the system environment of the database to a reasonable extent. Therefore, the contractually agreed quality does not include the absence of advertising.
6. Copyright and rights of use
All of the Vender’s databases are protected by copyright. This applies for both individual documents and entire databases that are covered by database protection. The Vendor grants the Client and User an ordinary, non-exclusive, non-transferable right to use the relevant database, which does not include the right to grant sub-licenses. In the fee-based area, the right of use is limited to the term of the usage agreement.
The registered user is permitted to print the documents or parts of documents that he has accessed to a reasonable extent and to archive these for his/her own personal purposes. Copying in the above sense is no longer considered reasonable when a private User prints more than 20 documents per day or a commercial Client accesses more than 200 documents per day and licensed workplace.
The User is not entitled to remove copyright notices, trademarks or other legal reservations, serial numbers or other features used for program identification from the documents accessed via or printed out from the database.
The Client/User may only use the database personally for his/her own purposes. He is not permitted to give third parties access to the database or to share the contents of the database with third parties.
If the fee-based area of the database contains a major deviation from the contractually quality, the Client shall immediately inform the Vendor of this in writing. After receiving notifications of defects, the Vendor will endeavor to remedy the defects within a reasonable period of time. Regardless of the fact that a longer period of time may be necessary in certain cases, a period of three days from receipt of the notifications of defects is considered by all means reasonable for remedying the defects.
The Vendor accepts no liability for disruptions to the accessibility of the database, unless these are due to intentional or grossly negligent conduct on the Vender’s part, in particular because the causes of faults are out of the Vender’s control. This includes disruptions in the Internet connection with the server on which the database is stored as well as power cuts and server failures, unless the servers are under the Vender’s control.
Any liability on the Vender’s part for losses resulting from the misuse, disclosure or loss of the Client’s/User’s login details is precluded.
Any liability on the Vender’s part is subject to the Vendor, its statutory representatives, executives or agents being at fault. Strict liability is excluded, except for in the case of express warranty statements by the Vendor. This also applies for liability for defects already in existence when a contract is concluded. In principle, the Vendor only accepts liability if and to the extent that it and its legal representatives, executives or agents are guilty of intent, gross negligence or violation of a fundamental contractual obligation (material obligations).
The above exclusion of liability does not apply for losses due to injury to life, body, or health, and where there are mandatory legal regulations.
The Vender’s liability for loss of the Client’s/User’s data and/or programs due to simple negligence is limited to the typical restoration costs that would be incurred if the contracting parties backed these up regularly.
Except for in the event of intent or gross negligence, the Vender’s liability is limited in terms of amount to the damage considered foreseeable and typical, based on the nature of the violation of the duty of care in question.
Except for in the event of intent or gross negligence, liability for the reimbursement of indirect losses, particularly for loss of profit, is excluded.
The Vendor makes a reasonable effort to provide accurate, complete information on its website. However, the Vendor accepts no liability or provides no guarantee for whether the information provided on this website is up-to-date, accurate and complete.
Where the Vendor refers or provides links to third-party websites on its own website, it cannot provide any guarantee and accept any liability for the accuracy or comprehensiveness of the contents and data security of these websites. Because the Vendor has no control over third parties’ compliance with the provisions of data protection law, the Client/User should check the data protection policies provided separately.
8. General provisions
If the Client is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB), the headquarters of Meininger Verlag GmbH is the place of jurisdiction for all disputes arising from or in relation to contracts. Usage agreements and these Terms and Conditions are subject exclusively to German law, to the exclusion of the conflict of laws provisions of international private law. The UN Sales Convention does not apply.
There are no additional verbal agreements. All amendments and addenda to the usage agreement or these Terms and Conditions must be laid down in writing to be effective. This also applies to an amendment of the written form agreement.
None of the Client’s own terms and conditions are accepted, even if the Client makes explicit reference to his/her applicability.
Should individual provisions of these Terms and Conditions of Use be ineffective or become ineffective due to a circumstance occurring at a later date, the Terms and Conditions will otherwise remain effective.
1. Contractual partner
(link is external) www.meininger-shop.de is a shop run by the company MEININGER VERLAG GmbH. Therefore, the contractual partner for all orders is MEININGER VERLAG GmbH, Maximilianstr. 7-17, 67433 Neustadt.
2. Contract conclusion
The presentation of our products on MEININGER’s online shop does not constitute a binding offer by MEININGER VERLAG GmbH. The customer only makes a binding offer by clicking on the “Order” button. The purchase agreement for the goods chosen by the customer is concluded when MEININGER VERLAG GmbH delivers the goods in fulfillment of the order or provides the appropriate download link in the case of download products.
MEININGER VERLAG GmbH does not carry out orders of tobacco products or alcoholic drinks placed by customers under 18 years old.
Withdrawal period for bookstores:
Unless otherwise contractually agreed, we grant a withdrawal period for books of 90 days from the invoice date.
Calendars are excluded from the withdrawal policy. Notice of withdrawal must be given to MEININGER VERLAG GmbH ((link sends email) [email protected]) in writing beforehand.
3. Retention of title
The goods remain the property of MEININGER VERLAG GmbH until payment is made in full. If the customer is more than 14 days late in making payment, MEININGER VERLAG GmbH has the right to withdraw from the contract and demand the goods back.
4. Revocation policy
You can find our revocation policy here.
5. Prices, payment terms
The prices at the time of ordering apply. All prices are in euros (€) including the statutory VAT, plus any shipping costs (see Section 6). In the case of multiple delivery contracts or subscriptions, MEININGER VERLAG GmbH is entitled to charge any additional amount resulting from a VAT increase that occurs after a contract has been concluded.
The purchase price is payable when the customer receives the goods. If the goods are supplied on account, the customer is obliged to pay the purchase price within 14 days of receiving the goods. After this due date has passed, the customer is considered to be in default of payment. During the default period, the customer must add interest on to the debt in accordance with Section 288 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).If the customer is a merchant, default interest is 9 percentage points above base rate.
The following payment options are available: Credit card (Eurocard, Visa, Mastercard), direct debit (Germany only), PayPal, on account.
MEININGER VERLAG GmbH reserves the right to withdraw certain payment options and only supply goods against payment in advance in certain cases.
Risk during transit lies with MEININGER VERLAG GmbH. We ask that obvious damage in transit is immediately recorded and confirmed by the carrier. A right of return is granted if goods are damaged in transit.
Details of the delivery time are non-binding, unless the delivery date is expressly agreed with binding effect by way of exception. Goods will be delivered as long as they are in stock; the right to make part-deliveries is reserved. If it is not possible to deliver part of an order immediately, the remaining goods will be delivered at a later date at no extra shipping cost.
The warranty is in line with legal regulations.
MEININGER VERLAG GmbH only accepts liability for damages incurred other than injury to life, body and health insofar as these are due to intent, gross negligence or culpable breach of a fundamental contractual obligation by MEININGER VERLAG GmbH or its agents. Any further liability to pay damages is excluded. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are unaffected.
8. Data protection/data storage
Personal data related to the customer that is necessary to process orders is stored. Meininger Verlag GmbH processes Clients’ personal data in accordance with point b of Article 6(1)(1) GDPR to process contracts and it also shares them with contractors (such as data entry clerks, shipping companies, banks) if necessary. If it is necessary to perform credit checks for certain measures, data may also be exchanged with the appropriate contractors.
The statutory rights of access apply here.
The statutory storage period applies for the duration for which personal data is stored, particularly to comply with tax obligations (point c of Article 6(1) GDPR). Meininger Verlag also processes its customers’ personal data in accordance with point f of Article 6(1)(1) GDPR for its own purposes, market research and marketing purposes if necessary. Clients’ personal data is only shared with third parties without his/her explicit consent for the purpose of postal marketing (not email or telephone marketing) and, naturally, only within the bounds permitted by law.
9. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Sales Convention, even when orders are placed from abroad.
If the customer is a merchant, the place of jurisdiction is Neustadt an der Weinstraße; the place of jurisdiction is otherwise based on the legal regulations.
Amendments or addenda to these Terms and Conditions must be made in writing. The same applies to the revocation of this written form requirement.
If individual provisions of these Terms and Conditions are ineffective or contravene legal regulations, the rest of the Agreement is not affected.
1. Scope of application
These General Terms and Conditions apply exclusively for all magazine subscriptions entered into with MEININGER VERLAG GmbH by distance sales, together with the provisions of the relevant types of subscriptions, which the Client is informed of separately.
2. Conclusion of a subscription contract
The subscription contract is only concluded upon receipt of written order confirmation by the Customer for the subscription chosen by the Client, or with the first part-delivery. Delivery, acceptance and payment become binding for both contractual partners when the contract is concluded. There are no rights to the conclusion of a contract. Meininger Verlag GmbH can reject orders without giving reasons. In these cases, any entitlement to a bonus in accordance with Section 11 of these Terms and Conditions also lapses.
3. Ordering over the Internet
The Client can choose his/her desired subscription via (link is external) www.meininger-shop.de by clicking on the relevant magazine. In the entry forms that follow, the Client provides the data necessary to conclude the contract and chooses his/her desired payment method. Before placing the order, the Client can amend the details he has entered at any time. The Client only makes a binding offer to enter into a contract of sale that is transmitted to the Company by clicking the “Order” button.
The data entered by the Client is shared with and managed by readers’ services after the offer to enter into a contract of sale has been sent. A subscription account is set up for the Client.
4. Contractual partners
The Client’s contractual partner is
MEININGER VERLAG GmbH, Maximilianstr. 7-17, 67433 Neustadt and der Weinstraße.
Managing Directors: Andrea Meininger-Apfel, Christoph Meininger, Peter Meininger
Court of registration: Ludwigshafen, HRB 42478, VAT no.: DE 149 351 631
5. Right to withdraw
You can find our withdrawal policy here.
6. Delivery terms
Delivery commences on the data confirmed in writing in the order, provided that the Company receives the order in good time (10 days before). When orders do not state a date, the next possible date on which delivery can be commenced is deemed agreed. Delivery is made to the delivery address provided by the customer. Defects in delivery must be reported to Customer Service; any subsequent deliveries are then made immediately.
The Client shall notify Customer Service of name or address changes immediately. If issues cannot be delivered because notification has not been given or has not been given on time, this is the Client’s liability. He is not entitled to redelivery free of charge or to damages.
7. Subscription length & withdrawal terms
6 weeks’ notice up to the end of the agreed subscription is required to withdraw subscriptions to WEINWIRTSCHAFT, DER DEUTSCHE WEINBAU, MEININGERS SOMMELIER, GETRÄNKE ZEITUNG, FIZZZ, MEININGERS WEINWELT, MEININGERS CRAFT and EURODECOR.
For MEININGER'S WINE BUSINESS INTERNATIONAL, subscriptions can be withdrawn at any time, from issue to issue.
It is not possible to unsubscribe before the end of an agreed subscription. If a subscription is not withdrawn on time after the term of the subscription has ended, the subscription will be renewed for one year.
8. Payment terms
The price of the subscription must be paid in advance for the entire subscription term.
Payment of the invoice must be made to the following account within 14 days:
MEININGER VERLAG GmbH
Bank routing number: 546 512 40
Account: 1 926 146
or by direct debit.
If subscription prices increase, the new price will apply from the date of the increase. The subscription price paid in advance is guaranteed for the prepayment period and cannot be increased.
The Client may withdraw the subscription by way of extraordinary termination within 14 days of becoming aware of the increase in the subscription price, i.e. upon receipt of the invoice at the latest.
9. Trial and mini subscriptions
In principle, trial subscriptions are converted into fee-based annual subscriptions after the last issue has been received (negative option). If the Client does not wish the subscription to continue in the form of an annual subscription, he must send MEININGER VERLAG notification of this within 14 days of receiving the last issue at the latest, using the contact details provided in Sections 4. and 5.
Mini subscriptions end automatically after the subscription period stated in the subscription offer has ended (positive option).
Pupils, students and trainees are granted a discounted subscription price for WEINWIRTSCHAFT, DER DEUTSCHE WEINBAU, FIZZZ, GETRÄNKE ZEITUNG, MEININGERS SOMMELIER and MEININGER'S WINE BUSINESS INTERNATIONAL, as long as he provides a copy of a valid certificate. The Client is responsible for continuously providing up-to-date evidence of entitlement to the discounted subscription price. After the relevant evidence has expired, the Company is entitled to charge the normal, higher subscription price for the subsequent subscription period. The Client has a right to withdraw after the subscription price has increased, including within the minimum contractual term.
No discount is granted for MEININGERS WEINWELT, MEININGERS CRAFT and EURODECOR.
If a bonus is chosen in connection with the conclusion of a subscription contract, this will only be supplied following payment of the subscription price and also subject to the requirement that it is in stock. If the current bonus is not in stock, the Company provides a similar bonus.
12. Liability and warranty
The Company only accepts liability for intent and gross negligence in the event of non-deliveries, late deliveries or material damage during deliveries of printed copies from MEININGER VERLAG GmbH. If a printed edition is not published as a result of force majeure, disruptions caused by industrial dispute or interruption of operations that the Company is not responsible for, such as system failure, the Company accepts no liability. Damages cannot be paid for magazines or journals that are received late or not received abroad. Unless the Company has accepted liability in the form of a warranty, liability for damages claims is limited as follows:
For damages caused by ordinary negligence, the Company only accepts liability if these are due to the breach of fundamental contractual obligations. Fundamental contractual obligations are obligations that must be fulfilled in order to ensure the proper execution of the contract and that the contractual partners may regularly trust in to be complied with. The Company’s liability for ordinary negligence in accordance with this provision is limited to the typically foreseeable damage. This claim for damages expires within 12 months of the content being provided. This applies accordingly for the limitation of liability for damages for futile expenditure and for the benefit of the Company’s employees, representatives and agents.
In accordance with the law, liability is unlimited for losses suffered by the Client as a result of intent or gross negligence on the part of the Company, for personal injury and for damages in accordance with the German Product Liability Act. This also applies for damages caused by the Company’s agents.
13. Data protection
MEININGER VERLAG GmbH also pledges to not use or share the data beyond the scope stipulated above.
Journalistic content may only be used for personal, non-commercial purposes, unless the Client has agreed otherwise with MEININGER VERLAG GmbH in writing. Disclosure of the content with third parties is prohibited, regardless of the purpose and nature of disclosure.
Any use or exploitation of copyright-protected MEININGER VERLAG GmbH content that exceeds the purpose of the contract, particularly copying, distribution, digitalization, storage, etc. is inadmissible and liable to prosecution.
15. Final provisions
If the Client is a merchant, a legal entity under public law or a special fund under public law, the Company’s registered office is the place of jurisdiction and the place of performance. The law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention (CISG).
1. For the purpose of the General Terms and Conditions of Business set forth below, an „Advertisement Order” is the contract made between the publishing house and the customer relating to the publication of one or more advertisements or other advertising media (hereinafter together called “Advertisements”) by advertisers or other promoters (hereinafter together called “Advertisers”) in a magazine or newspaper with the aim of dissemination.
2. A “Closing” is a contract for the publication of several advertisements, with due consideration of the discounts that are to be granted to the Advertiser in accordance with the price list. Each publication is performed upon call by the customer. No discounts will be granted to enterprises of which the business purposes include placing Advertisement Orders for several Advertisers to obtain a joint discount. If a right to call each advertisement is granted in a Closing, the Order must be completed within one year of publication of the first advertisement, insofar as the first advertisement is called and published within one year of the contract being made.
3. If an Order pursuant to Nos. 1 and 2 is not performed due to circumstances for which the publishing house is not responsible, the customer must reimburse to the publishing house the difference between the discount granted and the one corresponding with the actual purchase made, this being without prejudice to any other legal obligations. If nothing has been agreed to the contrary, the customer has a retrospective claim to the discount corresponding to his/her actual purchase of advertisements within one year.
4. For calculation of purchased quantities, text millimetre lines will be converted into advertisement millimetres in accordance with the price.
5. Orders for advertisements and external supplements which are only to be published or included in certain issues or certain editions or at certain locations in the publication must be received by the publishing house in due time for
the customer to be notified before the advertising deadline if the order cannot be performed in this way. Classified advertisements will be printed under the appropriate heading without any express agreement to this effect being required.
Confirmations of placement are issued subject to reservation and placements can be changed for technical reasons. The publishing house cannot be held liable in such cases.
6. Text-section advertisements are advertisements which are adjoined on at least three sides by text and not other advertisements.
If advertisements are of a design that is not identifiable as advertising, they will be clearly marked with the word “advertisement” by the publishing house.
7. The publishing house reserves the right to reject advertisements - including separate calls as part of a Closing – and orders for supplements if the following applies:
- their content breaches the law or public-authority regulations or
- the Deutscher Werberat (German Advertising Standards Council) has objected to their content in complaint proceedings or
- the publishing house cannot reasonably be expected to publish them in view of their content, design, origin or technical form or
- they are advertisements containing advertising of or for third parties.
Orders for other advertising media will only become binding for the publishing house upon submission and approval of the sample.
Advertisements containing advertising of or for third parties (co-operative advertising) are subject in each single case to prior written acceptance by the publishing house. Such acceptance entitles the publishing house to make an extra charge for co-operative advertising.
Supplements of which the format or design gives the reader the impression of being part of the newspaper or magazine or which contain external advertisements can be rejected by the publishing house for such reasons.
The customer will be notified immediately of the rejection of an advertisement or other advertising medium.
8. Solely the customer is responsible for on-time supply and flawless quality of suitable artwork or other advertising media. If artwork for advertisements is supplied in a digital form, the customer must ensure that it is as required, in particular that it complies with the publishing house’s format or technical specifications and is provided in due time before the start of publication.
Before digital transmission of artwork, the customer must ensure that the transmitted data is free from computer viruses. If the publishing house discovers a computer virus in a file that has been transmitted, it will delete the file without the customer being able to base any claims on such action. The publishing house reserves the right to make damages claims against the customer if it has suffered a loss as a result of such computer viruses transmitted by the customer.
The customer shall pay the costs incurred by the publishing house for any artwork amendments requested by the customer or for which said customer is responsible. The features and quality of the advertisements or other advertising media are agreed to be those customary for the respective item pursuant to the data given in the price list and in the confirmation of order, this being as far as possible in view of the artwork provided. This only applies insofar as the customer meets the publishing house’s specifications for preparation and supply of artwork.
9. Artwork will only be returned to the customer by special request. The publishing house’s obligation to keep the artwork ends three months after initial publication of the advertisement.
10. If publication of the advertisement does not comply with the contractually agreed features and quality or performance, the customer shall have a claim to a reduction in payment or to a non-defective substitute advertisement or to substitute publication of the other advertising medium but only to the extent to which the purpose of the advertisement or the other advertising medium was adversely affected. The publishing house has the right to refuse a substitute advertisement or substitute publication if
- this involves an amount of work which, in view of the content of the contractual obligation and the principles of good faith, is grossly out of proportion with the customer’s interest in performance or
- this would only be possible for the publishing house at a disproportionately high cost.
If the publishing house fails to place the substitute advertisement or publish the other advertising medium within the reasonable period that it has been allowed or if the substitute advertisement or publication is again defective, the customer has a right to a reduction in payment or rescission of the order. The order cannot be rescinded in the event of minor defects in the advertisement or publication of the other advertising medium. Any notices relating to non-apparent defects must be submitted within one year of the beginning of the statutory limitation period.
Damages claims resulting from a positive breach of obligation, culpa in contrahendo or an unlawful act are ruled out, including in the event of placement of an order by telephone; damages claims resulting from impossibility of performance and default are limited to compensation for the foreseeable loss and the amount is restricted to the remuneration payable for the relevant advertisement or supplement. This does not apply to intent and gross negligence on the part of the publishing house, its legal representatives and its vicarious agents. Liability of the publishing house for losses due to the lack of warranted features is not prejudiced. In addition, in commercial transactions, the publishing house will not be liable for gross negligence of vicarious agents either; in other cases, liability to merchants for gross negligence is limited in its scope to the foreseeable loss, this being up to the amount of the relevant advertisement payment.
The publishing house is liable in accordance with legal regulations for claims under the Product Liability Act and for injury to life, body or health. Notices of defects – except for non-apparent defects – must be submitted within four weeks of receipt of the invoice and proof. All claims made against the publishing house based on breaches of contractual obligations are subject to a time limitation of one year as of the statutory start of the period of limitation, unless they are due to action with intent.
11. Test proofs will only be supplied upon express request. The customer is responsible for the correctness of the returned test proofs. The publishing house will make all the corrections of which it is notified by the advertising deadline or within the period allowed when the test proofs were sent.
12. If no special size rulings apply, invoice calculation will be based on the actual printing height as customary for the type of advertisement.
13. The invoice must be paid within the period stated in the price list, unless a different payment period or an advance payment has been agreed in writing in individual cases. Possible discounts for early payment will be granted as per the price list.
Any discount credits and subsequent discount debits will not be made until the end of the advertising year in all cases.
14. In the event of payment default or deferral, customary bank interest rates and the costs of collection will be charged. In the event of payment default, the publishing house can postpone continued performance of the ongoing order until payment has been made and can require advance payment of the remaining advertisements.
If there is justified reason to doubt the customer’s solvency, the publishing house has the right, even during the term of a Closing, to make the publication of further advertisements dependent on advance payment of the sum by the advertising deadline and on settlement of outstanding invoiced amounts, irrespective of the payment date originally agreed.
15. The publishing house will supply an advertisement proof on request. Depending on the type and scope of the Advertisement Order, advertisement extracts, tear sheets or complete sample copies will be supplied. If a proof is no longer available, it will be replaced by legally binding confirmation by the publishing house that the advertisement was published and disseminated.
16. Pursuant to Sentence 2, a reduction in the print run in the event of a Closing covering several advertisements can justify a claim for price reduction if the overall average of the advertising year, beginning with the first advertisement, falls short of the guaranteed print run. A reduction in the print run only constitutes a defect justifying a price reduction if and to the extent that
- it amounts to at least 20 % for a guaranteed print run of up to 50,000 copies,
- it amounts to at least 15 % for a guaranteed print run of over 50,000 copies.
A reduction in the print run for the reasons given in Number 23 will not taken into account. The guaranteed print run is the average print run specified in the price list or in some other way or, if no print run has been specified, the average print run sold in the previous calendar year (for specialist magazines, the average print run actually circulated, if applicable).
Any additional claims for price reductions relating to Closings are ruled out if the publishing house notified the customer of the drop in the print run in due time for said customer to be able to rescind the contract before the advertisement was published.
17. For box number advertisements, the publishing house will apply the due care expected of a business professional to keeping and forwarding offers on time. Registered and express letters sent in reply to box number advertisements will only be forwarded by standard post. Incoming post for box number advertisements will be kept for four weeks. Any letters not collected during this time will be destroyed. The publishing house will return valuable documents but has no obligation to do so.
In an individual agreement, the publishing house can be granted the right, as the customer’s representative, to open the incoming offers instead and in the declared interest of the customer. No letters in excess of the acceptable DIN A4 format or products or book and catalogue consignments or packages will be forwarded or accepted. However, acceptance and forwarding can be agreed in exceptional cases if the customer pays the charges/costs thus incurred.
18. The law of the Federal Republic of Germany applies to the Advertisement Order.
The place of performance is the seat of business of the publishing house.
In business transactions with merchants, legal bodies and special assets under public law, the legal venue for filing legal action is the seat of business of the publishing house. If publishing house claims are not asserted in dunning proceedings, the legal venue for non-merchants shall be determined by their place of residence.
If the residence or customary whereabouts of the customer, including non-merchants, is not known when the legal action is filed or if the customer has moved his/her residence or customary whereabouts outside the jurisdiction of the law since the contract was made, the publishing house’s seat of business is agreed to be the legal venue.
19. Advertising agents and agencies have an obligation to comply with the publishing house’s price list in their offers, contracts and invoices for Advertisers.
20. Price changes for Advertisement Orders already placed are effective for entrepreneurs if they are announced by the publishing house at least one month before publication of the advertisement or other advertising medium. The customer holds a right of rescission if prices are increased. The right of rescission must be exercised in writing within 14 days of receipt of notification of the price increase.
21. If a joint discount is claimed for affiliated enterprises, written evidence of the group status of the Advertiser will be required. Affiliated enterprises for the purpose of this provision are enterprises between which there is a capital participation of at least 50 per cent.
For incorporated companies, group status is to be shown by confirmation by an auditor or submission of the latest business report; for business partnerships, such status is to be shown by submission of an excerpt from the Trade Register. Such evidence must be furnished by no later than the end of the advertising year. Evidence submitted at a later date cannot be recognised in retrospect. Group discounts are always subject to the express written confirmation of the publishing house.
Group discounts are only granted for the duration of membership of the group. Termination of group membership must be reported immediately; group discounting ends with termination of group membership.
22. The customer warrants that he possesses all the necessary rights for placement of the advertisement. The customer is solely responsible for the content and for the legal acceptability of both the written and pictorial material provided for advertising and the supplied advertising media. Within the scope of the Advertisement Order, said customer will hold the publishing house harmless in respect of all claims of third parties which may arise for reason of a breach of legal regulations, in particular a breach of competitive and copyright law. In addition, the publishing house will be held harmless in respect of the costs of necessary legal defence. The customer has an obligation to support the publishing house in good faith with its legal defence against third parties, by providing information and documents.
The customer undertakes to pay the costs of publication of any necessary counterstatement at the advertising rate applicable at the time.
The customer assigns to the publishing house all the utilisation, property protection and other rights under copyright law required for use of advertising in print and online media of all kinds, including the internet, such rights being in particular the right of reproduction, dissemination, assignment, broad-casting, making publicly available, removal from a database and call. Said assignment is made to the extent necessary for performance of the order in terms of both time and content. The above rights are assigned without any geographical restriction in all cases.
23. In the event of operational disruptions or in cases of force majeure, illegal labour disputes, unlawful seizure, traffic disruptions, a general shortage of raw materials or energy and similar – both in the publishing house’s operations and in external operations which the publishing house uses to meet its obligations -, the publishing house has a claim to full payment of the published advertisements, provided that the published product was supplied by the publishing house with 80 % of the print run sold on average in the last four quarters or warranted in some other way. If smaller quantities were supplied by the publishing house, the invoice amount will be reduced in the same ratio as that of the guaranteed sold or warranted print run to the print run actually supplied.
24. In compliance with Section 33 of the Bundesdatenschutzgesetz (BDSG; Federal Data Protection Act), we advise that the necessary customer and delivery data is stored with the help of electronic data processing for the purposes of the business relationship.
Consumers are granted a right to withdraw on the following terms, where a consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed either to his/her commercial or independent professional activity:
You have the right to withdraw the contract concluded within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day upon which you or a third party nominated by you, who is not the carrier, took possession of the initial goods.
To exercise your right to withdraw , you must inform us (MEININGER VERLAG GmbH, Maximilianstraße 7-17, 67433 Neustadt an der Weinstraße, Tel.: +49 6321 8908-0, Fax: +49 6321 8908-14, (link sends email) [email protected]) by way of an unambiguous declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw this contract. You may use the attached sample withdrawal form, although this is not mandatory.
To meet the withdrawal deadline, it is sufficient to notify us that you intend to exercise your right to withdraw before the withdrawal deadline has passed.
Consequences of withdrawal
If you withdraw this Agreement, we will refund all payments that we have received from you, including delivery costs (except for the additional costs incurred if you have chosen a different type of delivery from the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the date on which we received notification that you are withdrawinf from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; you will not be charged fees for this refund under any circumstances. We can refuse to give you a refund until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must send the goods back or hand them over to us immediately, at the latest within 14 days from the day on which you informed us that you are withdrawing from this contract. The deadline is considered to have been met if you send the goods prior to expiry of the 14-day period. You shall bear the direct costs of sending the goods back.
You only have to pay for any diminished value of the goods if such loss in value is due to you having handled the goods unnecessarily in order to check the quality, features or functioning of them.
Special provision for magazine subscriptions
It is not necessary to send the goods you have received back. If you send the goods back to us anyway, you shall bear the direct costs of sending them back.
In the first quarter of 2016, the European Commission will launch an Internet platform for resolving disputes online (“ODR platform”). The ODR platform will act as a port of call for settling disputes contractual obligations arising from online purchase agreements out of court. The ODR platform can be accessed via the following link: https://ec.europa.eu/consumers/odr