Terms and Conditions for booking classified ads online
1. Scope of application
1.1 This offer is not directed at consumers within the meaning of Section 13 of the German Civil Code (BGB) ("natural persons who conclude legal transactions for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity").
1.2 These general terms and conditions apply to the online booking of classified advertisements in the "Marketplace" in the newspaper, magazine or the complete edition (newspaper and magazine) at https://www.handwerksblatt.de/rubrikanzeige-buchen.html.
2. Conclusion of Contract
2.1 The client can place an advertising order using the booking form. The client can review their entries and correct them if necessary, and can cancel the booking process at any time by leaving the website https://www.handwerksblatt.de/rubrikanzeige-buchen.html.
2.2 The advertising order is based on the current price list. Publication under a classified ad can be requested for an additional charge. Other special requests can be submitted in the text field.
2.3 The publisher will confirm receipt of the advertising order promptly by email. This confirmation of receipt does not constitute acceptance of the advertising order.
2.4 The advertising order constitutes an application for the conclusion of a contract (Section 145 of the German Civil Code). The contract for the placement of the advertisement is only concluded when the publisher expressly accepts the advertising order.
2.5 The Publisher is not obligated to accept an advertising order and may reject advertising orders at its own discretion, particularly due to illegal or offensive content or incorrect information provided by the Client. If special requests cannot be fulfilled, the Publisher will contact the Client.
3. Services of the publisher
3.1 Unless expressly requested otherwise, the Publisher shall publish the advertisement in the "Marketplace" of the next available issue of the selected partial edition under the desired heading with the desired text and with the mention of the selected contact details of the Client.
3.2 The "Marketplace" is included in the print products. The marketplace of the current issue is also available as a PDF at www.handelsblatt.de. There is no guarantee that the advertisement will be available for retrieval for an extended period.
3.3 For boxed advertisements, the publisher will exercise the due care of a prudent businessman in the safekeeping and timely forwarding of offers. Registered and express mail for boxed advertisements will only be forwarded by regular mail.
3.4 Other special requests will only be implemented if the Publisher has expressly confirmed the special requests when accepting the advertising order.
4. terms of payment
4.1 Payment of the advertising price is due within the payment period specified in the price list upon receipt of the invoice.
4.2 30 days after receipt of the invoice, the Client shall be in default without the need for a reminder.
5. Rights of use and indemnity
5.1 The Client grants the Publisher the necessary rights of use for the publication of the advertisement in print and online media. These rights are transferable to third parties within the scope of the contract, are unlimited in geographical area, and are limited in time and content to the extent necessary for the execution of the advertising order.
5.2 The client bears legal responsibility, in particular liability under competition law, for the content of the advertisement. The client guarantees that the advertisement will not disseminate or refer to any illegal or immoral content, nor infringe the rights of third parties, in particular copyrights, related rights, trademark rights, and naming rights. The client warrants that it holds all rights necessary to place the advertisement.
5.3 The Client shall indemnify the Publisher upon first request from all third-party claims that may arise due to the violation of competition law, criminal law, copyright law, and other statutory provisions. This indemnity shall also extend to the costs incurred in the necessary defense of rights against third parties. The Client is obligated to support the Publisher in good faith by providing information and documentation in the defense of rights against third parties. The Publisher will inform the Client of any assertion of such third-party claims.
6. Warranty and liability of the publisher
6.1 The publisher guarantees, within the scope of foreseeable requirements, the best possible reproduction of the advertisement in accordance with the usual technical standards. The guarantee does not apply to minor errors, in particular minor color deviations. The client is aware that, given the current state of technology, it is not possible to ensure completely error-free reproduction at all times, especially on the web. .1 The publisher guarantees, within the scope of foreseeable requirements, the best possible reproduction of the advertisement in accordance with the usual technical standards. The guarantee does not apply to minor errors, in particular minor color deviations. The client is aware that, given the current state of technology, it is not possible to ensure completely error-free reproduction at all times, especially on the web.
6.2 The Publisher shall only pay compensation for damages in cases of intent, gross negligence and the absence of a guaranteed quality;
for the breach of a cardinal obligation (i.e., a contractual obligation that is essential for achieving the contractual purpose and upon which a contractual partner regularly relies), including for slight negligence; in this case, however, the extent of compensation is limited to typical and foreseeable damages. The above limitations of liability do not apply to culpable injury to body, health, or life, or to liability under the Product Liability Act.
7. Note on out-of-court dispute resolution for consumers:
The European Commission provides a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/. We are not legally obligated to participate in dispute resolution proceedings before a consumer arbitration board and are generally unwilling to do so.
8. Final Provisions
8.1 All legal relationships arising from this contract shall be subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
8.2 In business transactions with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction for legal actions shall be the registered office of the Publisher. If the domicile or habitual residence of the Client is unknown at the time the action is filed, or if the Client has relocated their domicile or habitual residence abroad after the conclusion of the contract, the place of jurisdiction shall be the registered office of the Publisher.
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