General Terms and Conditions (GTCs)
1. The following General Terms and Conditions (hereinafter “GTCs”) govern the relations between luxuszeit Verlag GmbH & Co. KG, Wilhelm-Wagenfeld-Strasse 1, 80807 Munich (hereinafter “luxuszeit”) and its clients in the performance of services, primarily execution of advertising orders. These GTCs apply to all advertising orders.

2. Deviating conditions of the Client are only deemed accepted when confirmed in writing by luxuszeit. Unconditional acceptance of goods and services or their payment do not denote acceptance of the Client’s sales conditions.

3. Changes or additions to these GTCs must be submitted in written form to be effective. This also applies to abolition of the requirement of the written form.

4. If a provision of these GTCs is or becomes invalid, the validity of the remaining provisions will be unaffected. The Parties will replace the invalid provision with a legally valid provision that most nearly approaches the commercial purpose of the invalid provision

5. luxuszeit is entitled to change these General Terms and Conditions at any time, provided that material provisions of the contractual relationship are unaffected and the changes do not objectively place Client in a less favourable position. luxuszeit will notify the Client of such changes to these General Terms and Conditions by email. The Client has the opportunity of submitting an objection to the amended General Terms and Conditions within a period of four weeks from receipt of the notification. luxuszeit must expressly refer to this right of objection in the notification. If the Client fails to object to the amendment within the stated period, the new General Terms and Conditions will apply to the Client from the expiry date of the objection period. Within that period, the Client has the right to terminate the contractual relationship with the Provider without notice.

6. The currently applicable price list applies to the contractual relationship between luxuszeit and the Client.

Conclusion of contract and payment terms

7. The advertising order comes into being at the earliest upon confirmation of the order in text form by luxuszeit (order acceptance), and at the latest upon performance of the service by luxuszeit.

8. Where an advertising order is commissioned by an agency, explicit notification that the booking is on behalf and on account of the Client must be given in text form, at the latest by the time of booking. If no such notification is made by this time, the contract will be deemed to be concluded in favour of and against the agency as per Section 164 Para. 2, German Civil Code (BGB).

9. If a client of an agency changes to a different agency up to the time of order confirmation during the period of performance, luxuszeit will assume that the former agency has transferred the contractual relationship to the new agency with all the rights and obligations deriving from the contract conclusion. By continuing to deliver the contracted performance without objection, luxuszeit is deemed to consent to the change of agency.

10. Claims by the Client for compensation and reimbursement of wasted expenditure from luxuszeit, its legal representatives and/or assistants and vicarious agents, irrespective of the legal reason, and specifically claims from breach of obligation and/or resulting from tort, are excluded. This does not apply where luxuszeit, its legal representatives and/or assistants and vicarious agents exercise intent or gross negligence or breach material contractual obligations. In the case of breach of material contractual obligations without intent or gross negligence, the scope of liability is limited to compensation for foreseeable damages typical of the contract. The above limitations of liability do not apply where luxuszeit, its legal representatives and/or assistants and vicarious agents have mandatory liability, e.g. under the German Product Liability Act (Produkthaftungsgesetz), in cases of damage to life, limb and health, in claims arising from fraudulent behaviour by luxuszeit, or where a guarantee of the quality of performance has been made.

11. All prices stated are exclusive of the applicable statutory Value Added Tax.

12. Payment to luxuszeit for services incurring a fee or charge is due immediately in advance without deduction. Payment will be deemed made when the amount is at the disposal of luxuszeit. In the case of international bank transfers, all bank transfer costs must be paid by the Client. The Client will be deemed in default without further reminder after a period of 30 days from the payment due date. In this case luxuszeit is entitled to charge default interest, equal to the level of statutory interest, from the start of the default period. Evidence of higher damage is permissible. Further claims arising from the default remain unaffected. If the Client is in default of payment, luxuszeit will block advertisements of the Client until full payment of the outstanding amounts is made, irrespective of other rights and claims. luxuszeit is entitled to offset payments against any longer-standing debts of the Client, irrespective of any differing terms of the Client. The Client will be informed of the offsetting. If costs and interest have already been incurred, luxuszeit is entitled to offset the payment first against costs, then against interests and finally against the principal debt.

13. The Client consents to direct debit of the invoiced amount by luxuszeit using SEPA Direct Debit Mandate.

14. In the event of deferral or default of payment, statutory default interest, costs of recovering payment and any reversal fees will be charged. In the event of default of payment, luxuszeit has the right to suspend execution of the current order until payment is made. In addition, luxuszeit will require payment in advance for further services. In the event of justified doubt in the Client’s ability to pay, during the term of an advertising order luxuszeit may require advance payment of all future payments due as well as payment of outstanding invoice amounts, irrespective of any originally agreed payment terms. The Client may only offset undisputed or executable claims against claims by luxuszeit.

15. Prior announcement of direct debit of a payment is generally given in the invoice, otherwise with a minimum period of notice of 2 working days. Upon execution of the order, the commissioning agency will assign its payment claim against the agency client to luxuszeit by way of security. luxuszeit will accept the assignment. If the commissioning agency is in default of payment over the publisher’s invoice for a minimum of 30 days, luxuszeit is entitled to disclose this assignment of security to the agency client.

16. The client guarantees that it is the holder of all rights necessary for placing the advertisement. It guarantees that it is in possession of any rights of use and consents from third parties necessary for execution of the contract, and that the content provided does not breach any applicable laws or rights of third parties. The Client will indemnify and hold luxuszeit harmless from all claims of third parties and, specifically, is not obliged to verify the accuracy of any statements prescribed or approved by the Client that concern the Client’s products.
The Client will transfer all rights of use required for the specific purpose to luxuszeit.

Processing of advertising orders

17. Every advertising order refers to an advertiser whose company or name is specified by the Client. Any replacement or change of the advertiser by the Client after advertisement booking requires the agreement of luxuszeit in text form.

18. Advertisement orders may be terminated by luxuszeit even after submission and transfer of the documents by the Client and acceptance of the order by luxuszeit. Without recognition of any obligation to examination, luxuszeit reserves the right to refuse advertisement enquiries, particularly in cases where the content does not conform to the standards of luxuszeit, infringes legal or official provisions or was the subject of official complaint proceedings by the German Advertising Council, or where publication of the content is unacceptable for luxuszeit owing to its nature, design, origin or technical form. This right likewise applies where the advertising orders contain advertising for products or companies other than those specified in the order.

19. luxuszeit is entitled to temporarily interrupt advertisement placement where there is sufficient suspicion of unlawful content in the advertisement or on the website linked to in the advertisement. This applies particularly in cases of investigation by state officials or warning by an allegedly injured party, except where the latter is clearly unfounded. luxuszeit will inform the Client of the block. The Client must then remove the offending linked content immediately or provide a statement and, where appropriate, evidence of its lawfulness. luxuszeit may offer to replace the advertisement with a different advertisement or hyperlink to a different website. luxuszeit is entitled to invoice the Client for any additional costs incurred at its own discretion. The block must be removed as soon as all suspicion is cleared.

20. luxuszeit has the right to withdraw an advertisement if the Client subsequently makes changes to the content without discussion with luxuszeit or changes the URL of the link, or if material changes are made to the content of the linked website. The right of luxuszeit to payment remains unaffected.

21. Advertisements that contain advertising by or for third parties (“joint advertising”) require prior confirmation of acceptance by luxuszeit in text form.

22. The Client is responsible for the timely delivery and flawless quality of suitable documents that specifically comply with the format or technical specifications provided by luxuszeit. With respect to delivery, the Client undertakes to supply documents or other advertising material in due order and specifically complying with the format or technical specifications provided by luxuszeit, within the period required prior to publication and in line with the order confirmation. The Client will be responsible for any costs incurred by luxuszeit for changes requested by or attributable to the Client. The agreement covers the customary quality for the chosen media channel, in line with details in the price list and order confirmation and in accordance with the options afforded by the original documents/artwork supplied. This applies only where the Client complies with the binding technical specifications issued by luxuszeit.

23. The Client will receive the finished advertisement for final review and acceptance by email and must inform luxuszeit of its approval by email. If the Client fails to respond within two weeks from receiving the email, the advertisement will be deemed to be accepted and approved and can be published or disseminated.

24. luxuszeit only returns original artwork/documents upon specific request by clients. Obligation to retain advertising material and documents terminates three months after first publication of the advertisement.

25. If the publication of the advertisement does not correspond to the quality defined under the contract, the Client will have the right to claim for reduction of payment or replacement of the inferior-quality advertisement with an advertisement of flawless quality. This claim is limited to the extent to which the purpose of the advertisement was impaired. luxuszeit has the right to refuse to supply a replacement advertisement if the supply of same would incur unreasonable costs for luxuszeit or require effort grossly disproportionate to the Client’s interest in provision of the service, taking the subject-matter of the obligation and the principle of good faith into consideration.

26. The Client has the right to reduce payment or cancel the advertising order if the replacement advertisement also has faults or if provision of a replacement advertisement by luxuszeit exceeds a reasonable period. luxuszeit will inform the Client of the date of online publication. Complaints must be submitted within seven days of online publication. Complaints concerning hidden defects must be submitted within one year of the beginning of the statutory period of limitation.

27. In individually agreed cases luxuszeit may depart from its GTCs and price lists and conclude agreements over individual advertising packages. In the case of such agreements, luxuszeit reserves the right to permit agencies to resell advertising placements under their own name and on their own account. No automatic right to conclusion of such an agreement is granted.

28. The Client will transfer all rights of use, ancillary copyrights and other rights, specifically the right of dissemination, reproduction, sending, transmitting, making publicly available, storage in and removal from a database, and retrieval, to luxuszeit as rights transferrable to third parties within the scope of contractual performance and covering the time and content necessary for the fulfilment of the order. The rights specified are transferred without geographical limitation in all cases.

29. luxuszeit reserves the right to postpone publication dates in response to current events. Said postponement excludes all claims of Client against luxuszeit.

30. According to the current state of the art, flawless reproduction of advertising material at all times cannot be guaranteed. Please note that the website was designed for the most commonly used browsers. Correct display of content and advertisements depends on use of these browsers. Failure to display the advertisement correctly does not apply in cases where the advertisement was accessed from incomplete and/or non-updated offers on proxy servers or local caches or was accessed using unsuited display software (e.g. browser type) and/or hardware by the website user, or if the incorrect display of the advertising material does not materially affect its purpose, or in the event of computer, server or power outages as a result of force majeure.

31. luxuszeit accepts no liability for disruptions caused by faults in the Client’s computer system or in the communication paths from the Client to the servers of the company whose advertising space is marketed by the Marketer.

Liability and place of jurisdiction

32. The Client will hold luxuszeit harmless from all claims of third parties that may result from breach of statutory provisions or rights of third parties. In addition, luxuszeit will be indemnified for all costs of necessary legal representation. The Client undertakes to support luxuszeit to the best of its abilities in legal defence against third parties by providing information and documentation.

33. The Client requires prior written permission from luxuszeit for partial or complete assignment of its rights and obligations from the order. luxuszeit is entitled to avail itself of third parties to fulfil its obligations from the order.

34. Unless otherwise agreed, the contractual parties will maintain strict confidentiality over the content of the order, specifically the prices and conditions involved. This does not apply where disclosure is required by courts or official bodies or is required for the court enforcement of a contractual party’s rights against the other party. Furthermore, luxuszeit is entitled to disclose the content of the order to involved third parties and associated companies in accordance with Sections 15 ff. of the German Stock Corporation Act (AktG).

35. The place of fulfilment and jurisdiction is Munich if the Client is a registered business enterprise, legal entity under public law or special fund under public law.

36. These General Terms and Conditions and the contractual relationship between luxuszeit and the Client are governed by the law of the Federal Republic of Germany, excluding German regulations governing the conflict of laws. The applicability of mandatory standards of the state in which the Client is habitually resident remains unaffected.

Applicable from 16 June 2015.