Terms of Service
On this page you will find the general terms and conditions for all products of Falstaff Verlag.
§ 1 General
Falstaff Verlags-Gesellschaft.m.b.H., Führichgasse 8, 1010 Vienna (“Falstaff”) is involved in the sale of advertisements, advertorials and special forms of advertising such as inserts (hereinafter referred to as "advertisements") in FALSTAFF's print products (FALSTAFF magazine, guides and line extensions), on the online portal, available at www.falstaff.com, via an app or something similar from FALSTAFF, the contractual partner of the buyer of the media service (hereinafter referred to as "customer" or "client").
Furthermore, in the case of a premium partnership FALSTAFF is the contractual partner of the premium partner (hereinafter “customer”, “client” or “premium partner”).
All regulations in these terms and conditions, for which there is no separate regulation for the premium partnership, also apply accordingly to the premium partner.
Deviating or supplementary agreements to these terms and conditions must be made in writing.
FALSTAFF is entitled to change these terms and conditions at any time without the prior consent of the customer or to adapt them if a legal regulation changes.
§ 2 Order placement and order processing
In addition to these terms and conditions, the currently valid advertising price list and the price list for premium partnerships are decisive for the order. The advertising price list is available at www.falstaff.com/b2b-mediadaten, the price list for premium partnerships at www.falstaff.com/premium. FALSTAFF reserves the right to refuse advertisement orders - including individual advertisements as part of a deal - at its own discretion. The customer will be informed of the rejection.
Advertisement orders are to be processed within one year. In the print area, FALSTAFF is free to assign the advertising orders to any issue during this period, unless there is a different written agreement (e-mail is sufficient). The print edition that FALSTAFF has envisaged for the respective advertisement is decisive for the cancellation costs, unless there is a different written agreement (e-mail is sufficient).
The inclusion of advertisements in certain places, in the online area for certain periods of time, can only be guaranteed after a written agreement (e-mail is sufficient) and if the applicable placement surcharge is offset. This also applies to online advertisements.
The exclusion of competitors can only be agreed on in writing for an advertisement size of 1/1 page for two opposite pages (email is sufficient). Should you wish to exclude competitors from advertisements in the online area, this must be agreed on separately with FALSTAFF in writing (e-mail is sufficient). Text advertisements and those that are not immediately recognizable as advertisements due to their design will be identified by FALSTAFF as advertising.
The customer is responsible for the timely delivery of the printing documents, inserts, bound inserts or tip-ons. In the event of late delivery, FALSTAFF reserves the right to invoice any costs incurred as a result. The publisher guarantees the usual print quality for the booked title within the scope of the possibilities given by the printing material.
If the advertisement is illegible, incorrect or incomplete, the customer is entitled to a reduction in payment or a replacement advertisement, but only to the extent that the purpose of the advertisement was impaired. FALSTAFF accepts no further liability. If FALSTAFF does not immediately recognize defects in the printing documents supplied, if films or other online advertising forms for online media provided are defective or incomplete, and if these defects only become apparent during the printing process and / or provision or the like, the customer has no claims in the event of insufficient printing is obliged to pay.
FALSTAFF assumes no liability for advertisements etc. placed by telephone.
Proofs will only be delivered upon express request and against reimbursement of the costs incurred. If the customer does not return the proof submitted in good time by the advertising deadline, the approval for printing is deemed to have been granted.
The obligation to store printing documents ends three months after the last advertisement has appeared.
Complaints must be reported within eight days of the appearance of the advertisement.
Two correction loops are included in the price for advertorials. The client undertakes to provide Falstaff only with copyright-free images and photos.
The FALSTAFF premium partnership is a chargeable profile entry on www.falstaff.com by premium partners (e.g. winemakers). In the case of an upright premium partnership, the premium partner receives a discount (the amount is based on the current price list, available at www.falstaff.de/premium) on all online advertisements in the sense of the currently valid price list, available at www.falstaff.com/b2b -mediadata.
§ 3 Cancellation
Cancellation by the client is possible up to the advertising deadline. If the withdrawal takes place after the advertising deadline, or if an order is not fulfilled after the advertising deadline due to circumstances for which the publisher is not responsible, the advertising price is due in full without deduction of the previously granted discounts.
If advertisements for a dynamic campaign are canceled up to ten days before the start of the dynamic campaign, there are no cancellation fees. If a cancellation occurs in the ten days before the start of the dynamic campaign, the customer will be charged a 50 percent cancellation fee, after the start of the dynamic campaign 100 percent cancellation fee.
If a fixed campaign is canceled up to 20 days before the start of this campaign, there are no cancellation fees. If a cancellation occurs in the 20 days before the start of the campaign, the customer will be charged 50 percent cancellation fee, after the start of the campaign 100 percent cancellation fee.
A postponement of a fixed or dynamic campaign of more than one month requested by the customer is equivalent to a cancellation.
§ 4 Calculation, payment and duration of the contract
If the customer does not make an advance payment, the invoice is due within 8 days of receipt minus a 2 percent discount and within 14 days net.
Under certain circumstances, FALSTAFF is entitled to make the appearance of further advertisements dependent on the advance payment of the amount and on the settlement of outstanding invoice amounts, even during the term of an advertisement.
In the event of late payment or deferral, interest and collection costs will be charged.
FALSTAFF can postpone the execution of the order until payment has been made.
In the event of changes in advertising prices and / or premium partnership prices, the new conditions come into effect immediately, even for ongoing orders.
After the advertisement has appeared, the customer will receive at least two specimen copies free of charge.
The premium partnership can be concluded for the first time for 12 months and is automatically extended for a further 12 months if FALSTAFF does not cancel the premium partnership in writing two months before the end of the premium partnership (email is sufficient).
The 12-month premium partnership (price list available at www.falstaff.com/premium) is charged immediately after the contract is signed or extended and the invoice is due within eight days of receipt minus a 2 percent discount and within 14 days net.
If a combination package has been purchased as part of the premium partnership (see for more details at www.falstaff.com/premium), the advertorials that have not been redeemed will expire after the premium partnership has expired. A possible refund of the paid advertorials is hereby excluded.
§ 5 Final provisions
The place of performance and exclusive place of jurisdiction is Vienna.
Austrian law is to be applied exclusively. The application of the UN sales law is excluded.
In the event of operational disruptions or interventions due to force majeure, FALSTAFF is entitled to full payment for the published advertisements if the orders are fulfilled with 50 percent of the guaranteed print run. Lower services are to be paid at the thousand price in accordance with the calculation requirement.
The customer is solely responsible for the content, form and legal admissibility of the advertisement, especially including the clarification of copyrights, trademark rights and personal rights. FALSTAFF is not obliged to check advertisements for their content, form or legal admissibility. The customer is therefore liable for any legal consequences resulting from a published advertisement (e.g. reply or confiscation). The customer holds FALSTAFF completely harmless and harmless in the event of a claim by third parties.
Advertising agencies and advertising brokers are obliged to adhere to FALSTAFF's tariffs in their offers, contracts and invoices with advertisers.
The client expressly agrees that the data given and obtained in the course of business transactions with FALSTAFF may be used and that he may use campaigns by telephone, fax, e-mail, SMS, etc. also in the form of bulk mailings and for (direct) advertising purposes can be contacted by FALSTAFF and affiliated companies. This consent may be revoked at any time.
If a provision of these General Terms and Conditions, a subsequent amendment or addition is invalid or if it becomes invalid, this shall not affect the validity and effectiveness of the remaining provisions of these General Terms and Conditions. In the event of ineffectiveness, invalidity or unenforceability, a provision which comes as close as possible to this provision in terms of its economic result and which is not ineffective, invalid or unenforceable shall apply as agreed between the contracting parties. The concrete economic interest of the contracting parties is to be determined in particular from the void, ineffective or illegal provision.