Terms of Service

regarding the contractual relationships between the General Anthroposophical Society as the publisher of the weekly “Das Goetheanum” and the customer

I. Applicability

These general terms and conditions (hereinafter “GTC”) regulate the contractual relationships between the General Anthroposophical Society as the publisher of the weekly “Das Goetheanum” (hereinafter “AAG”) and the subscribers, advertisers and authors (hereinafter “customer”). With the conclusion of the contract, the terms and conditions become part of the contractual relationship between AAG and the customer. At the same time, the customer waives the application of his own terms and conditions.

II. Subscription and Cancellation

The annual subscription includes around 42 issues of the weekly ‹Das Goetheanum› and is extended by a further year if it is not canceled in writing at least one month before the end of the billing period.

The monthly subscription covers access to the website for one month. The amount of new articles can vary from month to month.

III. Advertisements / supplements

1. Abandonment, change and suspension

The posting, changing and suspension of advertisements or enclosures must be made in writing. Verbal communications are given by the customer at their own risk. Unless otherwise stated, the advertisement will be published in the next available issue. Changes and suspensions are possible up to the advertising deadline. The current advertising deadline is published in the media data, which can be downloaded from the website www.dasgoetheanum.ch.

2. Placement and design

Submitted advertisements or enclosures that do not correspond to the specified dimensions will be adjusted to the next most sensible size (proportional). Placement requests can only be accepted as non-binding inquiries. Orders that do not contain any design elements can be adapted to the rules of the spelling reform. Changes to the order that are necessary to implement the spelling reform do not entitle the customer to make a complaint and cannot justify any claims. Advertisements or inserts must be clearly recognizable as such for the reader and distinguishable from the editorial part in terms of design and font. The AAG reserves the right to add additional labeling.

3. Rejection of orders

AAG has the right to reject or suspend advertisements or supplements at any time without giving reasons. In principle, contact ads are not published.

4. Good for printing

A final version will only be emailed if expressly requested. If the customer does not object to the final version to him within the set period, the approval for printing is deemed to have been granted.

5. Prices and discounts

The currently valid advertising tariffs as well as discount conditions and tariffs are published in the media data, which can be downloaded from the website www.dasgoetheanum.ch. With a repeat discount, orders are calculated that appear on dates specified in advance in the same size with the same text. A retrospective discount is granted if the order is extended before the last advertisement or insert appears in the same format. Extraordinary expenses that are not included in the advertising rates can also be charged.

6. Payment terms

With the exception of classified ads, which can only be processed against prepayment, a payment period of 30 days without deduction applies to all invoices. If a customer defaults on payment, default interest of 5% will be charged. From the second reminder onwards, the customer owes AAG a fee of CHF 10 for each reminder. AAG reserves the right to check the customer’s creditworthiness at any time. In the event of default in payment or justified doubts about the customer’s solvency, AAG can postpone the further execution of current orders until payment and demand advance payment for the remaining advertisements or inserts.

7. Liability for incorrect appearance

The customer is responsible for the complete and error-free delivery of the data, in particular with regard to the size, fonts, text and images of the advertisement. For incorrect appearances that can be traced back to culpable behavior on the part of AAG and which significantly impair the meaning or effect of an advertisement or an insert, AAG only provides compensation in the form of advertisement space up to the size of the incorrect advertisement. Further or other claims, in particular liability for indirect damage such as lost profit, due to incorrect performance of the contract, in particular due to non-appearance or late appearance of advertisements or inserts, for any reason, are excluded. AAG assumes no liability for the correct designation of protected names or brands. Complaints of any kind must be submitted to AAG in writing within 30 days of the invoice being issued. In the case of repeat orders, all warranty claims are void if the client does not point out the error in good time before the next order is printed.

IV. General

1. Liability for content

The customer is solely responsible for the content of the articles, advertisements or inserts. By submitting an article, advertisement or insert, the customer declares that he has all rights to the transmitted article, advertisement or insert, including images, and that the content and disclosure for publication do not violate the rights of third parties (trademarks, copyrights, trade secrets, etc.) violated. If the AAG is prosecuted, the customer is obliged to join the process after the dispute has been announced. In any case, the customer is obliged to assume all judicial and extrajudicial costs incurred in connection with third-party claims.

2. Retention obligation

Without an express written agreement, AAG is neither obliged to store nor to return any items, advertisements, supplements, print or data material (films, photos, etc.) supplied.

3. Intellectual property

AAG recognizes the intellectual property, in particular the copyright, of the customer or a person designated by him in all texts and images created by them with an individual character.

4. Use of advertisements for electronic databases

By submitting articles, advertisements or inserts, the customer and the copyright holder agree that AAG will publish them in whole or in part. The AAG may publish the articles, advertisements or supplements both in the magazine “Das Goetheanum” and on the AAG website. In addition, the customer allows AAG to provide the article, advertisement or supplement as part of the archive electronically and in paper form. AAG undertakes to comply with data protection regulations, but cannot comprehensively guarantee the confidentiality, integrity, authenticity and availability of personal data. The customer acknowledges that personal data can also be called up in countries that do not have any data protection regulations comparable to that of Switzerland or the European Union.

5. Right of reply

If a request for a reply (Art. 28g ff. ZGB) relates to an article, an advertisement or an insert from a customer, the AAG informs the customer concerned of the receipt of the request and discusses with him whether the request is accepted or whether it is rejected or approved as well as the procedure for any publication and the associated modalities.

6. Assignability of Claims

The assignment of claims against AAG requires the prior written consent of AAG.

7. Resignation

If the AAG discontinues the publication of the weekly “Das Goetheanum”, the AAG can withdraw from the contract for the publication of articles, advertisements or supplements without being liable for any damages. A premature termination of the contract does not release the customer from paying for the service provided.

8. Severability Clause

Should a contractual provision be invalid, impracticable or incomplete, the validity of the remaining provisions shall remain unaffected. The parties will replace invalid or unenforceable provisions with valid and enforceable provisions that are as close as possible or equivalent and that correspond to the original legal and economic objectives of the parties. The same also applies in the event of a contractual loophole.

9. Prices, changes and additions

The currently valid information (prices, size, advertising deadline, etc.) and the terms and conditions are published in the media data, which can be downloaded from the website www.dasgoetheanum.com .

10. Applicable law, place of jurisdiction

Only substantive Swiss law applies to the relationships between the parties. All disputes between the parties, regardless of their legal basis, are decided exclusively by the ordinary courts in Dornach (SO).

These terms and conditions come into force on December 20, 2017 and replace all previous versions.

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