✓Marketing Agency in Germany ✓German Advertising ✓.de domain Management ✓Certified for Google, Bing, SEA, UX & SEO

GTC

General Terms and Conditions

1. SCOPE OF APPLICATION

1.1 The following General Terms and Conditions (hereinafter referred to as „GTC“) shall apply to the use of the platform mix-werbung.com (hereinafter referred to as „Mix Werbung“) and the procurement of advertising space via the platform between Mix Advertising and advertising customers (hereinafter referred to as „Advertisers“). In this context, the General Terms and Conditions in Section A shall apply to all Users and the Special Terms and Conditions in Section B shall apply to Advertisers. These GTC apply to the use of the platform and to contract conclusions and bookings that are not made via the platform.

1.2 Terms and conditions of the users are not valid, even if Mix-Werbung does not object to them in individual cases, unless their inclusion has been expressly confirmed in writing by Mix-Werbung.

2. REQUEST VIA THE CONTACT FORM, USE OF THE SERVICE OF THE ADVERTISING AGENCY, ACCESS OF DECLARATIONS, GRANTING OF RIGHTS

2.1 Authorized to use and book the service are freelancers as well as entrepreneurs or companies in the sense of § 14 BGB, which have full business or legal capacity.
2.2 The user is obliged to provide current and complete information according to the specifications of the contact form.
2.3 The admission of the user to use the platform only comes about with a commitment by Mix-Werbung. The user has no claim, Mix-Werbung can reject the request without giving reasons.
2.4 After registration, a personalized user account is set up for each user on the platform. For this purpose, the user has to choose a user ID and an access code during registration, as well as to provide the information necessary for the use of the platform and the processing of payment transactions.
2.5 Regardless of whether Users make bookings via the Platform or outside the Platform, the following applies: Users grant Mix Werbung a non-exclusive, sub-licensable right to use the trademarks, marks and company names and logos used by Users solely for the purpose of self-advertising (online or offline) through Mix Advertising. The users assure that they are entitled to grant such a right of use.

3. LEGAL RELATIONS, CONCLUSION OF BOOKINGS AND SERVICES

3.1 The aforementioned bookings between Mix-Werbung and the User are concluded as follows:

  • The Advertiser posts a non-binding inquiry on the Platform or in another manner regarding the booking of certain advertising spaces, stating any special requirements (hereinafter „Inquiry“).
  • Insofar as changes or concretizations are required with regard to the requested services and conditions (hereinafter „Offer Conditions“), these can be coordinated with Mix Werbung via the Platform or in another manner. Special services will be agreed upon individually between the Advertiser and Mix-Werbung and charged separately to the Advertiser. In the case of joint advertising (joint advertising by several separate companies), different offer conditions apply, which must be agreed separately in each case with Mix-Werbung.
  • Upon completion of the above coordination, the Advertiser may submit a binding offer to Mix-Werbung via the platform or in any other manner to conclude a contract (hereinafter „Booking“) with Mix-Werbung.
  • After submission of the order by the Advertiser to Mix-Werbung, the Advertiser shall receive an e-mail (confirmation of receipt) listing the receipt of the order and its details. This confirmation does not constitute an acceptance of the order by Mix-Werbung. Acceptance is only effected by a corresponding booking confirmation, which Mix-Werbung sends by e-mail to the e-mail address provided by the Advertiser.

3.2 Mix-Werbung reserves the right to refuse inquiries, offers or orders without giving reasons, in particular if it is foreseeable that the rights of third parties would be violated during the execution of the contract or if applicable laws would be violated. In this case, Mix-Werbung will inform the user of the rejection by e-mail.

4. AVAILABILITY OF THE PLATFORM

The use of the platform itself is free of charge. Mix-Werbung accordingly does not guarantee the permanent availability of the platform.

5. BILLING

Mix-Advertising is entitled to invoice electronically, unless otherwise agreed. Amounts are, unless otherwise stated, plus statutory VAT, unless there is no statutory VAT.

6. TERMINATION OF THE USAGE RELATIONSHIP; TERM AND TERMINATION OF INDIVIDUAL BOOKINGS

6.1 Each user is entitled to terminate the user relationship with regard to the use of the platform at any time without giving reasons by written notice. Mix-Advertising may terminate the usage relationship with a notice period of two weeks without giving reasons.
6.2 Mix-Werbung is entitled to terminate the platform usage relationship and/or bookings with immediate effect on an extraordinary basis if the user violates essential obligations arising from this usage agreement and/or a booking and fails to remedy the situation within a reasonable period of time despite a warning with a reasonable deadline. A warning is not required if this does not promise success or the violation is so serious that Mix Advertising cannot reasonably be expected to adhere to the contract.
6.3 Bookings already concluded shall remain unaffected by a termination of the platform usage relationship, unless Mix-Werbung has expressly given notice of termination in this respect as well.
6.4 The term of the respective booking and any ordinary rights of termination in this regard are regulated in the respective booking. The obligation to pay already incurred liabilities of a user towards Mix-Werbung remains unaffected by a termination of the contract.
6.5 The termination of bookings requires the written form.

7. LIABILITY OF MIX-ADVERTISING, FORCE MAJEURE

7.1 Mix-advertising is liable without limitation

  • in the event of non-fulfillment of the contract under Zi,
  • as well as to the extent of a guarantee assumed by Mix-advertising.

7.2 Notwithstanding the provision in Section 7.1, Mix-Advertising shall be liable in case of ordinary negligence only in case of breach of material contractual obligations, i.e. the breach of obligations the fulfillment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely („cardinal obligation“). In the event of a slightly negligent breach of a cardinal obligation, Mix-Werbung’s liability shall be limited to such contract-typical damages and/or such contract-typical scope of damages that were foreseeable at the time of the conclusion of the contract.
7.3 The above limitations of liability shall also apply in the event of fault on the part of a vicarious agent of Mix-Werbung as well as for the personal liability of employees, representatives and bodies of Mix-Werbung.
7.4 The statute of limitations for claims for damages of the user based on the liability according to clause 7.1 is calculated according to the legal regulations. The limitation period with regard to other claims for damages of the user is one year. It shall commence at the end of the calendar year in which the claims arose and the User became aware of the circumstances giving rise to the claim and the person of the debtor or did not become aware of them due to gross negligence, but no later than five years after they arose and ten years after the commission of the act, the breach of duty or the other event causing the damage.
7.5 Force majeure, operational disruptions or other cases of impossibility for which Mix-Werbung is not responsible and which temporarily prevent Mix-Werbung, through no fault of its own, from providing the contractual services on the agreed date or within the agreed period, shall alter the periods and dates by the duration of the disruption in performance caused by these circumstances. The disruption of performance shall not be included in the evaluation of the target performance. The legal rights of the users remain unaffected.

8. MISCELLANEOUS

The law of the Federal Republic of Germany applies.

Special provisions for advertisers

1. SERVICES

1.1 The Advertiser determines which services are desired by specifying the information requested on the platform (including specification of the advertising spaces or advertising space categories as well as their number, specification of the advertising content, targets, etc.) or by notifying Mix-Advertising in his non-binding request.
1.2 After completing a booking, the Advertiser is obligated to fully comply with any technical conditions of the Publisher communicated in the non-binding offer of Mix-Werbung on which the order is based.
1.3 Unless expressly agreed, Mix-Advertising does not make any qualitative or quantitative assurances or statements to Advertisers about the advertising spaces to be procured, their advertising value or about the amount at which a Publisher will be remunerated for a particular advertising space. The advertiser decides on his own responsibility through his entries on which advertising media the advertising is to be booked.

2. RESPONSIBILITY OF THE ADVERTISER, RELEASE FROM LIABILITY

2.1 Advertisers are solely and completely responsible for (i) the advertising media they use (in terms of content) and for (ii) the timely sending of the advertising media to the notified address in accordance with the notified requirements.
2.2 The Advertiser warrants that the Advertising Materials provided by it on the Platform or otherwise for the purpose of use in connection with the Booking, as well as the Advertised Content, do not violate any applicable law in the intended distribution area of the Advertising as well as in the Federal Republic of Germany, and that it may freely dispose of all rights to the Advertising Materials, in particular property rights and/or personal rights, to the extent necessary for the placement of the Advertising Materials.

3. REQUIREMENTS FOR ADVERTISING CONTENT

The Advertiser is obligated not to upload, link, enter or otherwise make available on the Platform any Advertising Media for use in the context of bookings which

  • do not observe the basic rules for commercial communication of the German Advertising Council;
  • violate the law for the protection of minors
  • content glorifying violence, war, incitement of the people, contempt of humanity;
  • symbols of unconstitutional organizations;
  • contents violating the rights of third parties;
  • or otherwise illegal content

or refer to advertising material of such content.

4. DEVIATIONS IN THE PERFORMANCE OF SERVICES, COMPLAINTS AND RESTRICTIONS FOR SPECIFIC FORMS OF ADVERTISING, STATUTE OF LIMITATIONS

4.1 The Advertiser is obliged to check the performance of the service ordered in each case (e.g. publication of an advertisement). Complaints in the case of recognizably non-contractual execution of the service are to be reported to Mix Advertising immediately, stating the specific source, the time of discovery of the complaint and together with suitable evidence (e.g. photographs).
4.2 If the execution of the booked service does not correspond to the contractually agreed service and there is no merely insignificant or minor deviation, the Advertiser shall be entitled to the statutory rights. Any claims based on a contractual breach of duty by Mix-Werbung shall become statute-barred after one year from the start of the statutory limitation period. Claims in relation to a guarantee assumed by Mix-Werbung shall become time-barred in accordance with the statutory provisions.

5. GRANTING OF RIGHTS, DATA TRANSFER, PUBLICATION IN OTHER MEDIA

5.1 By uploading, linking or entering the advertising media on the platform or otherwise making them available for use in connection with bookings, the Advertiser grants Mix-Werbung and the Publisher the non-exclusive and spatially unrestricted right to use the advertising media for advertising placements in the manner agreed in the individual contract for the duration of the agreed advertising placement.
5.2 Mix-Advertising is entitled, but not obligated, to publish advertising orders placed within the framework of the bookings in media. The materials provided by the Advertiser can be adapted to the respective media-specific requirements. The presentation in the various media may differ from the original advertising material.

6. REMUNERATION, CANCELLATION BY THE ADVERTISER, TERMINATION BY MIX ADVERTISING

6.1 Contractually agreed fees are due at the time agreed in the respective booking. The Advertiser agrees that in the event of payment by credit card, direct debit or PayPal, the card or account may be debited by Mix Advertising prior to execution of the service.
6.2 Various payment methods are available to the Advertiser. The respective possible payment methods will be displayed during the order process or communicated to the Advertiser by Mix-Advertising.
6.3 The Advertiser has the right to cancel certain bookings in writing by a date specified in the order confirmation of the respective booking. The cancellation does not require any justification. After expiry of the respective cancellation deadline, cancellation is no longer possible.