General Terms and Conditions (GTC)

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

1. Order processing

  1. The prices and discounts available at https://www.wollert.de are non-binding. The services listed on the Internet pages are subject to current availability. An order is generally concluded when the contractor submits a binding offer to the client by e-mail. Unless a separate acceptance period is stipulated in the offer, it can be accepted by e-mail within 3 working days. Thereafter, the client may offer the offered service to a third party (i.e. allocate advertising capacity elsewhere).
  2. The contractor reserves the right to refuse orders or advertising material, in particular from advertising collectives. No reasons need be given for this. The client shall be informed of the rejection without delay.
  3. Orders from advertising agencies are only accepted for named advertisers. The contractor is entitled to request proof of mandate.
  4. The contractor shall place the advertising material intended for publication in the specified online offer for the contractually agreed duration until the contractually agreed ad impressions (impressions) are reached or until the contractually agreed ad clicks (clicks) are reached.
  5. The client is obliged to check the advertising campaign immediately after the start or change of delivery and to report any errors within 3 days at the latest. After expiry of this period, the placement shall be deemed to have been accepted within the meaning of § 640 BGB.
  6. The target URL to which the advertising material is linked must be kept available for the entire duration of the placement. Should the client discover any disruptions in the linking, he shall inform the contractor immediately.

2. Advertising material

  1. The advertising material must be delivered by e-mail in good time before the start of placement. Timely means 24 hours before the start of placement in the case of job advertisements and 3 working days before the start of placement for all other advertising media. In principle, the formats listed in the current price list are eligible for placement. The technical specifications stated therein form an integral part of the contract. The Contractor shall report any defects identified immediately upon discovery. In the event of late transmission, proper fulfillment of the campaign is no longer possible. In this case, the claim for remuneration remains valid and a refund is excluded, unless the client is not at fault for the delay.
  2. The client is liable for ensuring that the transmitted files are free of computer viruses. The Contractor may delete files containing 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 media are supplied for a booking, the contractor shall rotate them evenly unless a motif plan with other information is supplied.
  4. The contractor reserves the right in all cases to identify advertisements as advertising.
  5. The Client warrants and represents that it holds all necessary rights to the advertising material and that the placement does not violate applicable law. He shall indemnify the Contractor against all third-party claims that may arise due to the violation of statutory provisions. In addition, the Contractor shall be indemnified against the costs of any necessary legal defense. The Client shall support the Contractor in good faith in its legal defense against third parties.
  6. The client transfers to the contractor all rights required for publication in terms of time, place and content to the extent necessary for the execution of the order.
  7. In addition, the Contractor is entitled to use the name, logo and advertising material of the Client for its own advertising and thus to refer to the existing or former business relationship (reference), subject to written revocation by the Client, which is possible at any time.
  8. The contractor is entitled to archive the advertising material provided for an unlimited period of time. However, there is no obligation to archive or return advertising material to the client.

3. Warranty

  1. The contractor guarantees delivery of the advertising material in accordance with the usual standard. However, the client is also aware that it is not possible to guarantee error-free presentation in every case according to the state of the art. In particular, an error does not exist if the impairment is caused by
    1. due to the use of unsuitable or outdated hardware or software
    2. by interfering with the computers or communication networks of other operators or
    3. due to non-updated display on proxy servers (caching).
  2. If the placement of advertising is canceled 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 order will be performed at a later date if possible. In the event of rescheduling within a reasonable period of time after elimination of the disruption, the Contractor’s claim to remuneration shall remain in force.

4 Terms of payment and default

  1. If no term of payment is stated in the offers, invoices are payable within 14 days without deduction.
  2. The Contractor may demand advance payment in individual cases.
  3. The Contractor shall grant a 15% agency commission when invoicing agencies. This must be specified in the offer and agreed accordingly.
  4. In the event of late payment, the Contractor shall be entitled to charge interest on arrears at a rate of 9% p.a. above the respective base interest rate of the Deutsche Bundesbank. Reminder and collection costs arising from late payment shall be borne by the client. In addition, the contractor may defer the placement until payment has been made 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 placement fee. They shall be agreed and invoiced separately.

5. Liability

  1. Unless otherwise stated in these GTC including the following provisions, the Contractor shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
  2. The Contractor shall be liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence. In the event of slight negligence, liability is generally excluded and the Contractor shall only be liable in the event of simple negligence
    1. for damages resulting from injury to life, limb or health.
    2. for damages arising from the breach of a material contractual obligation (an 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 contractor’s liability is limited to compensation for foreseeable, typically occurring damages.
  3. The limitations of liability resulting from b. shall 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 fulfillment is Berlin.
  2. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action shall be Berlin.
  3. The non-unified law of the Federal Republic of Germany shall apply exclusively.
  4. The Contractor is entitled to amend these GTC at any time. Therefore, the GTC shall only apply to the respective order in the version valid at the time of conclusion.
  5. Should individual provisions of the above GTC be invalid, this shall not affect the validity of the remaining provisions. Rather, the parties shall attempt to replace the invalid provision with a valid provision that comes closest to the economic purpose pursued by the contracting parties.

As at: 01.01.2025

[The German version is legally binding.]