General terms and conditions (GTC)
1. Definition of advertising contract
By concluding an advertising contract in written or oral form, the publisher undertakes to publish one or more advertisements in the designated publication, whilst the advertiser is required to pay the advertisement costs.
2. Applicable legal standards
The contractual relationship is first and foremost governed by these terms and conditions and by the provisions of the Swiss Code of Obligations.
3. Basis for pricing
The rates shown in this media documentation shall apply. All prices are given exclusive of value added tax at the current rate.
4. Volume sales and repeat orders
Volume sales and repeat orders are only permitted for advertisements from a single advertiser. SZV/VSW special regulations apply for groups and holding companies. The period of volume sales and repeat orders begins at the latest on the date of the first advertisement, unless another date is specified when the contract is concluded; the duration is 12 months and may not be altered. Sales are concluded at basic rates. All advertisement categories that qualify for discounts are credited to the sale at the relevant applicable rate. Rate changes from the publisher shall also apply to ongoing current orders. In this event, the advertiser is entitled to withdraw from the contract within two weeks of being notified of the new rates. If this occurs they are entitled to a discount corresponding to the quantity actually used, in accordance with the discount scale.
The client is entitled to a scaled contract discount for all volume sales. If the volume of advertisements submitted exceeds the amount agreed upon within one year then the discount is calculated according to the actual, total volume and the client is granted a retrospective discount according to the discount scale. A discount for repeat advertising orders is given where the number of adverts placed (within a maximum of 12 months) corresponds to the number given in the discount scale. Sizes may not be altered, and texts or subjects may only be altered for fully printed materials. The discount given on the agreed transaction amount determined in the volume sale may be altered at the client’s request within the period of the contract by setting a new transaction amount.
If the quantity accepted has not reached the agreed transaction amount by the end of the contract period, then the client shall receive a supplementary discount charge in accordance with the discount scale.
6. Premature termination of contract
If the magazine should change in nature during the period of the contract, then the publisher may withdraw from said contract without being obliged to offer compensation. In this event, the advertising client is not released from the obligation to pay for any advertisements which have already appeared. In the event of premature termination of the contract by the publisher, entitlements to discounts based on the original agreed transaction amount shall remain.
7. Terms of payment
Unless otherwise agreed, invoices are to be paid within 30 days. Prices are given net, in other words without any deductions. In the event that recourse is made to legally enforced payment collection, any entitlement to discounts on unpaid invoices shall lapse. A recalculated invoice will be created for these discounts.
If invoices are not paid within 30 days, interest may be charged. This interest for default owed is calculated in accordance with section 104 (3) of the Swiss Code of Obligations.
8. Right to defer or bring forward
The publisher reserves the right to defer or bring forward publication by one issue, for technical reasons, of advertisements that are planned for specific dates but are not time-sensitive in terms of content. If a non-time-sensitive advertisement appears in a different issue, this does not entitle the client to deny payment or claim compensation.
9. Placement requests and requirements
Placement requests from the client are non-binding only. For advertisements with fixed placement requirements, a placement surcharge will be levied if these requirements are accepted by the publisher. If, for technical reasons, the advertisement appears in a different location to that required or requested, this does not entitle the client to deny payment or claim compensation. In this event, no placement surcharge will be levied.
10. Defective appearance
In the event of a defective appearance that has a substantial negative impact on the effect of the advertisement, a replacement shall be provided in the form of advertising space up to the size of the defective advertisement. Telephone orders, changes or cancellations to orders are made at the advertising client’s risk.
The print material supplied must comply with the magazine’s technical standards. No responsibility is accepted if the print material submitted does not meet the technical standards of the magazine. Unless specified, print materials shall be considered to be disposable. They may be destroyed after a period of three months following the last publication date. Exception: print materials of a permanent nature shall be expressly marked as ‘permanent’ by the client on the order sent to us. Returnable print materials shall be returned within three months of order completion. No return can be guaranteed for paper copies due to the possibility of damage during the printing process. Complaints regarding defects must be asserted within 10 days of receipt of the invoice. Once this period has expired, they can no longer be accepted. Contesting one or more positions on an invoice does not release the client from the obligation to pay the balance of the invoice in accordance with the deadlines set out in section 5.
11. Rejection of advertisements
The publisher has the right to reject advertisements without giving reason.
12. Compliance with legal provisions
Subject to the mandatory provisions of press law, the advertising client shall bear sole liability and any resulting costs if publication of their advertisement violates any statutory provisions. The advertising client shall ensure that their advertisement does not breach the Swiss Unfair Competition Act (UWG). In the event of a breach of the UWG, the client shall accept full responsibility for any consequences affecting the publisher. The advertising client must in particular cover all costs and expenses incurred by the publisher as the result of UWG proceedings.
13. Additional services
Services such as the preparation of print documents, advertisement design, text templates, translations, media evaluations and analysis etc. which go beyond the usual scope (e.g. simple distribution plants, cost calculations etc.) will be charged at standard industry rates. The advertiser or advertising agent agrees that the publisher may insert or otherwise publish the advertisements on their own and third-party online services, and may edit them for this purpose. The publisher undertakes to comply with data protection regulations, but cannot fully guarantee the confidentiality, integrity, authenticity and availability of personal data. The advertiser or advertising agent recognises that personal data will also be retrievable in countries which do not observe data protection regulations comparable to those in Switzerland. The advertiser or advertising agent agrees that the advertisements printed, inserted in online services or otherwise published by the publisher shall not be freely available to third parties. The advertiser or their designated advertising company grants the publisher the right to prohibit any use or processing of any kind of these advertisements by unauthorised third parties.
14. Place of jurisdiction
Swiss law shall be applicable to the present contract. Unless it is regulated otherwise by Swiss law, the place of contractual fullfilment and court of jurisdiction shall be St. Gallen. The publisher is unilaterally entitled to claim against the contractual partner in the jurisdiction of the contractual partner.
KünzlerBachmann Verlag AG
St. Gallen, 1 January 2020