General Terms and Conditions (GTC)

Within the scope of these General Terms and Conditions, Thomas Wollert Kommunikationslösungen (hereinafter referred to as “Contractor”) undertakes the placement of advertising material in various online offers. Deviating conditions of the client require written approval.

1. Order Processing

  1. The prices and discounts available at https://www.wollert.de are non-binding. The services specified on the website are subject to current availability. An order is generally concluded when the Contractor submits a binding offer to the Client via email. Unless a separate acceptance period is stipulated in the offer, it can be accepted within 3 working days via email. After that, the Client may offer the offered service to a third party (i.e., allocate advertising capacities elsewhere).
  2. The Contractor reserves the right to reject orders or advertising material, especially from advertising collectives. No reasons need to be given for this. The Client will be informed of the rejection without delay.
  3. Orders from advertising agencies will only be accepted for named advertisers. The Contractor is entitled to request proof of mandate.
  4. The Contractor will place the advertising material intended for publication for the contractually agreed period, until the contractually agreed ad impressions (displays) or until the contractually agreed ad clicks (clicks) are reached in the specified online offer.
  5. The Client is obliged to check the advertising campaign immediately after the start or modification of the delivery and to report any errors within 3 days at the latest. After this period, the advertisement is deemed accepted in the sense of § 640 BGB [German Civil Code].
  6. The target URL to which the advertising material is linked must be kept accessible for the entire duration of the advertisement. Should the Client notice any disruptions in the linking, they will inform the Contractor immediately.

2. Advertising Material

  1. The advertising material must be delivered by email in good time before the start of the advertisement. In good time means 24 hours before the start of the advertisement in the case of booking job advertisements and 3 working days before the start of the advertisement for all other advertising material. In principle, the formats that are shown in the respectively valid price list are eligible for the advertisement. The technical specifications mentioned there form an essential part of the contract. The Contractor will indicate any defects found immediately after detection. In the event of late transmission, proper fulfillment of the campaign is no longer possible. The claim for remuneration remains in this case and a refund is excluded, unless the Client is not responsible for the delay.
  2. The Client is liable for ensuring that the transmitted files are free of computer viruses. The Contractor can delete files with computer viruses without the Client being able to derive any claims from this. The Contractor also reserves the right to claim compensation if the computer viruses cause further damage.
  3. If several advertising materials are delivered for a booking, the Contractor will rotate them evenly, unless a motif plan with other information is supplied.
  4. The Contractor reserves the right in any case to identify advertisements as advertising.
  5. The Client warrants and assures that they possess all necessary rights to the advertising material and that the advertisement does not violate applicable law. They indemnify the Contractor from all claims of third parties that may arise due to the violation of legal provisions. In addition, the Contractor is indemnified from the costs of necessary legal defense. The Client will support the Contractor in good faith in the legal defense against third parties.
  6. The Client transfers to the Contractor all rights required for publication in terms of time, location and content to the extent necessary for the execution of the order.
  7. In addition, the Contractor is entitled, subject to a possible written revocation by the Client at any time, to use the name, logo and advertising material of the Client for their own advertising and thus to refer to the existing or former business relationship (reference note).
  8. The Contractor is entitled to archive the provided advertising material for an unlimited period. However, there is no obligation to archive or return advertising material to the Client.

3. Warranty

  1. The Contractor guarantees a delivery of the advertising material that corresponds to the usual standard. However, the Client is also aware that, according to the state of the art, it is not possible to guarantee a flawless display in every case. In particular, there is no error if the impairment is caused
    1. by the use of unsuitable or outdated hardware or software
    2. by disruption of the computers or communication networks of other operators or
    3. by non-updated display on proxy servers (caching).
  2. If the advertisement fails for reasons for which the Contractor is not responsible, in particular force majeure, strike, due to legal provisions, disruptions in the area of responsibility of third parties (e.g. network operators or service providers) or for comparable reasons, the execution of the order will be made up for if possible. If it is made up for within a reasonable time after the disruption has been eliminated, the Contractor’s claim for remuneration remains in place.

4. Terms of Payment and Default

  1. If no payment term is mentioned in the offers, invoices are payable within 14 days without deduction.
  2. The Contractor may require advance payment in individual cases.
  3. The Contractor grants 15% AE commission when invoicing agencies. This must be named in the offer and agreed accordingly.
  4. In the event of default in payment, the Contractor is entitled to charge default interest at a rate of 9% p.a. above the respective base rate of the Deutsche Bundesbank. The Client bears the costs of reminders and collection that arise due to default in payment. In addition, the Contractor can postpone the advertisement until payment and demand advance payment for future orders.
  5. Additional costs for the creation or modification of advertising material and texts are not part of the advertising fee. They will be agreed and charged separately.

5. Liability

  1. Unless otherwise stated in these GTC, including the following provisions, the Contractor is liable for a violation of contractual and non-contractual obligations in accordance with the relevant legal provisions.
  2. The Contractor is liable for damages – regardless of the legal reason – in case of intent and gross negligence. In the event of slight negligence, liability is generally excluded and the Contractor is only liable in the event of simple negligence
    1. for damages resulting from injury to life, body or health.
    2. for damages resulting from the violation of an essential contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the Client regularly relies and may rely), in this case, however, the liability of the Contractor is limited to the replacement of the foreseeable, typically occurring damage.
  3. The limitations of liability resulting from b. do not apply if the Contractor has fraudulently concealed a defect or has assumed a guarantee for the quality of the service. The same applies to claims under the Product Liability Act.

6. Place of Performance, Place of Jurisdiction and Final Provisions

  1. The place of performance is Berlin.
  2. In business transactions with merchants, legal entities under public law or with special funds under public law, Berlin is agreed as the place of jurisdiction for lawsuits.
  3. The non-unified law of the Federal Republic of Germany applies exclusively.
  4. The Contractor is entitled to change these GTC at any time. Therefore, the GTC always only apply to the respective order in the version valid at the time of conclusion.
  5. Should individual provisions of the above GTC be ineffective, this will not affect the effectiveness of the remaining provisions. Rather, the parties will attempt to replace the ineffective provision with such an effective provision that comes closest to the economic purpose pursued by the contracting parties.

Status: 01.01.2025

(The German version is legally binding.)