General Terms and Conditions (“GTC”) of AutoScout24 Media, a division of AutoScout24 GmbH for advertising Contents

Content

§ 1 General/Scope/Conclusion of contract 

  1. The client is obliged to deliver complete, flawless and suitable advertising material. Any deviations must be agreed with AutoScout24 Media immediately in writing or by email.
  2. The deadline for delivery of standard advertising formats is 5 working days and for special advertising formats and rich media formats 10 working days before the start of the campaign. The advertising formats are delivered by email to: ads@autoscout24-media.com or to the postal address for sending this data: AutoScout24 Media - A division of AutoScout24 GmbH, Tölzer Straße 16, 82031 Grünwald. In the event of a delayed delivery of advertising material, proper fulfillment of the campaign is no longer guaranteed and reimbursement in the form of a credit note is not possible.
  3. AutoScout24 Media is entitled to invoice the client for the agreed fee if the online advertising cannot be placed due to circumstances for which the client is responsible, in particular because the material was sent to AutoScout24 Media too late, was incorrect or was incorrectly labelled.
  4. The client must bear the costs incurred by AutoScout24 Media for a change to the advertising material requested by the client or for which the client is responsible.
  5. AutoScout24 Media's obligation to store the material required for online advertising ends upon completion of the order. AutoScout24 Media will return the material to the client if the client requests this in writing from AutoScout24 Media within ten days of the last placement date. Otherwise, AutoScout24 Media is entitled to destroy the material sent.
  1. AutoScout24 GmbH (“AutoScout24 Media”) markets its own and partner websites under the name AutoScout24 Media. All orders are accepted and executed exclusively under the following conditions. By placing orders with AutoScout24 Media, these conditions are binding for business transactions with AutoScout24 Media.
  2. A contract is only concluded with written acceptance of the order by AutoScout24 Media. The order confirmation can be sent by fax, email or letter. These conditions and the order form fully reflect all agreements between the contracting parties on the subject matter of the contract. Verbal promises made by AutoScout24 Media prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the written contract, unless they expressly state that they continue to be binding. Additions and changes to the agreements made, including these terms and conditions, must be made in writing to be effective. With the exception of managing directors or authorized signatories, AutoScout24 Media employees are not authorized to make oral agreements that deviate from these.
  3. Different general terms and conditions of the client do not apply unless AutoScout24 Media has expressly agreed to their validity in writing. In particular, general terms and conditions of contractual partners do not become a valid part of the contract even if AutoScout24 Media does not object to them in individual cases.
  4. If an agency commissions advertising orders for third parties, the contract is generally concluded with the agency, not with the third party. The agency is obliged to specifically name the third party who pays for the advertising or who commissioned the client to run the respective campaign ("advertiser"). If the third party is to become a contractual partner, the agency must name them as the client and provide written proof of the order being placed with the advertising agency.

§ 2 Advertising material/delivery/storage

  1. The client guarantees that the online advertising as such and its content are in line with all relevant legal provisions and in particular do not violate criminal or competition law regulations and do not infringe the rights of third parties (in particular trademark rights, copyright rights, data protection rights). In this context, the client may not violate legal prohibitions, common decency or the rights of third parties with the form, content or purpose of its online advertising. In particular, the client undertakes to take this into account in its online presence and not to display any pornographic, violent or racially inciting content (hate speech), not to call for criminal acts or to display instructions for such, and not to offer or have offered any services that have pornographic content as their subject matter. The client makes the aforementioned assurances in particular with regard to legal provisions of the countries in which the online advertising is placed as intended.
  2. The booked online advertising will be placed by AutoScout24 Media on the agreed website in the corresponding environment in the usual playback quality. The client has no right to have the online advertising placed at a specific position on the respective website or at a specific time, unless this was agreed in the order form and the order confirmation.
  3. Advertising content that violates applicable law, official bans, the rights of third parties, the Code of Conduct for Vehicle Trading on the Internet (“Kodex für den Fahrzeughandel im Internet “) or common decency or otherwise contains illegal content, or if it has been objected to by the German Advertising Council (“deutscher Werberat”) in a complaint procedure or if publication is impossible or unreasonable due to the technical form, entitles AutoScout24 Media – without prior notice - to not place it or to suspend it.
  4. AutoScout24 Media is also entitled to suspend the placement of online advertising if it contains Internet links that lead to websites that violate applicable law, official prohibitions, third-party rights, the Code of Conduct for Vehicle Trading on the Internet or common decency, or otherwise contain illegal content or lead to websites of a competitor of AutoScout24 Media. The client does not have any claims for compensation in these cases.
  5. If the client subsequently changes an already published advertising material on his own initiative, even if this affects data to which a link refers, and the change meets the requirements of para. 3 of this section, AutoScout24 Media is also entitled to block the advertising material or order in question and to terminate publication.
  6. In this context, AutoScout24 Media is entitled, but not obliged, to check the client's advertising material for any violations of applicable law.
  7. Furthermore, AutoScout24 Media reserves the right to refuse to place individual advertising materials at its own discretion, in particular if the content of the advertising materials or their placement does not correspond to the interests of the respective AutoScout24 Media customer or AutoScout24 Media itself. The remuneration claim will be billed pro rata. AutoScout24 Media will inform the client of the blocking immediately, stating the reasons.
  8. If the placement of the advertising materials is refused due to inadequate technical form, the client is entitled to send AutoScout24 Media a modified version of the online advertisement. If this replacement advertisement is not received by AutoScout24 Media in time, Section 2 para. 2 and 3 apply accordingly.
  9. AutoScout24 Media is legally obliged to identify the advertisement as such (e.g. by marking it with the word "ad" or "advertisement") and to clearly identify the client of the advertisement. In addition, AutoScout24 Media is obliged to make the client in whose name the advertisement is displayed clearly identifiable (e.g. by naming the client). If the client and the advertiser who paid for the advertisement are different, AutoScout24 Media is obliged to make the advertiser clearly identifiable in the advertisement. AutoScout24 is entitled to separate the advertisement from the editorial content in order to clarify the advertising character.

§ 3 Placing online advertising/right to refuse

  1. The client guarantees and assures that he has all the rights required to place the advertising material. The client also guarantees that the online advertising commissioned by him complies with all relevant provisions, that the rights of third parties are not violated and, in particular, that criminal, copyright or competition law provisions are not violated.
  2. The client shall indemnify AutoScout24 Media from all claims by third parties that may arise due to the violation of statutory provisions. Furthermore, AutoScout24 Media shalle be indemnified agsinst the costs of necessary legal defense, including all court and attorney fees. The client is obliged to support AutoScout24 Media in good faith with information and documents in the legal defense against third parties. AutoScout24 Media will, however, inform the client immediately of any legal action and defense measures to be taken and give the client the opportunity to conduct the proceedings against the third party/parties themselves.
  3. The client transfers to AutoScout24 Media all copyright usage, ancillary copyright and other rights required for the use of advertising in online media of all kinds, including the Internet, in particular the right to reproduce and copy, distribute, transmit, broadcast, edit, extract from a database and to retrieve, in terms of time, place and content to the extent necessary for the execution of the order. The aforementioned rights are transferred in all cases without any geographical restrictions and entitle the user to place the advertisement using all currently known technical processes, in particular on the Internet, as well as all known forms of online media.
  4. If the client obtains or collects data from the placement of advertising material on AutoScout24 Media's online offerings by using special techniques, such as the use of cookies or tracking pixels, the client guarantees that when collecting, processing and using personal data, he will comply with the requirements of the Digital Services Act (“Digitale-Dienste-Gesetz” - DDG), the Telecommunications Digital Services Data Protection Act (“Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz” - TDDDG) or the , the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (“Bundesdatenschutzgesetz” - BDSG).
  5. If the client receives anonymous or pseudonymous (and thus personally identifiable) data from accessing the advertising material delivered by him for AutoScout24 Media's online offerings, the client may evaluate this data as part of the respective campaign for the specific advertiser who commissioned the client to place the respective campaign. This evaluation may only include anonymous and pseudonymous data that has been generated by advertising on AutoScout24 Media's online offerings.
  6. In addition, the client is prohibited from further processing, using and passing on all data (anonymous or personally identifiable) from access to the advertising material delivered by him for AutoScout24 Media's online offerings. In particular, the client may not save, evaluate, otherwise use and/or pass on to third parties the data from advertising on AutoScout24 Media's online offerings for his own purposes. This prohibition also includes the creation of profiles from the usage behavior of users on AutoScout24 Media's online offerings and their further use.
  7. If the client uses third-party systems to place advertising on AutoScout24 Media's online offerings, he will ensure that the system operator also complies with this agreement.
  8. AutoScout24 Media is entitled to forward the client's gross advertising revenues to AC Nielsen for publication.

§ 4 Guarantee of rights/exemption/rights of use

  1. Given the current state of technology, it is not possible to exclude all risks associated with the use of the Internet. For this reason, AutoScout24 Media does not provide any warranty for technical defects in the display of online advertising, in particular not for the constant and uninterrupted availability of the database and its contents or for the complete and error-free reproduction of the service ordered by the client (online advertising).
  2. If the online advertising cannot be placed on time for content-related reasons, due to force majeure, technical reasons or other circumstances for which AutoScout24 Media is not responsible, the online advertising will be placed in another, if possible equivalent environment or delivered in a timely manner. In the event of significant delays, the client will be informed immediately by AutoScout24 Media.
  3. The client undertakes to check the online advertising immediately after the first placement and to complain about any errors immediately, at the latest within 7 working days. After expiry of this period, any errors shall be deemed to have been accepted. If the client requests a change to the online advertising after this period has expired, he must pay the costs incurred as a result.

§ 5 Warranty

  1. Within the scope of this contract, AutoScout24 Media is liable in principle for damages to the client (1) that were caused intentionally or through gross negligence by AutoScout24 Media or its legal representatives or vicarious agents, (2) that arose from the breach of an obligation by AutoScout24 Media that is of essential importance for achieving the purpose of the contract (cardinal obligations – “Kardinalspflichten”), (3) if these claims result from the Product Liability Act (“Produkthaftungsgesetz”), (4) if AutoScout24 Media has assumed a guarantee for the quality of the item in the contract or has fraudulently deceived and/or (5) from injury to life, body or health that is based on a breach of duty by AutoScout24 Media or one of its legal representatives or vicarious agents.
  2. AutoScout24 Media is fully liable for damages that were caused intentionally or through gross negligence, or for injury to life, body or health. In all other respects, the claim for damages is limited to the foreseeable damage typical for the contract. Liability under the Product Liability Act remains unaffected.
  3. Insofar as AutoScout24 Media is only liable for the typically foreseeable damage in accordance with Section 2, this liability is also limited to the amount of the order value. There is no liability for indirect damage, consequential damage or lost profit.
  4. In cases other than those mentioned in Sections 1 to 3, the liability of AutoScout24 Media is excluded - regardless of the legal basis. Insofar as the liability of AutoScout24 Media is excluded, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents (“Erfüllungsgehilfen”) of AutoScout24 Media.

§ 6 Liability

§ 7 Termination/Cancellation

  1. Terminations of advertising orders must be made in writing or by email. The cancellation period is 3 weeks before the start of the booking.
  2. Cancellation fees will be charged to the client in the following case: If the cancellation deadline is not met, 30% of the net campaign value will be charged as a cancellation fee. Bookings that have already started cannot be cancelled.

§ 8 Terms of payment

  1. Invoicing will take place after the service has been provided, but no later than the end of each calendar month. Invoices must be paid within 14 days of the invoice being issued. In the event of late payment, AutoScout24 Media is entitled to postpone further placements until payment is made and to request an advance payment for the further execution of the order.
  2. The invoice amount is based on the service provided by AutoScout24 Media in the invoice period in conjunction with the current AutoScout24 Media price list. The prices stated there are always plus statutory VAT.
  1. Unless the remuneration is expressly regulated in the order form or the order confirmation, it is based on the current AutoScout24 Media price list.
  2. Price adjustments during the term will be announced to the client 4 weeks before they come into effect. In this case, the client has the right to terminate the contract extraordinarily with effect from the date the price increase comes into effect. If the client continues to use the services of AutoScout24 Media after the price change comes into effect, this represents a declaration of consent to the price change.

§ 10 Discounts

  1.  If the order is placed through an agency, an AE commission of 15% is granted.
  2. Discounts in the form of cash discounts are granted on the list prices (current price list status) if the booking budget (annual budget) of a client exceeds the amounts stated in the discount scale. The discount is calculated on the basis of the annual budget booked at the time of calculation, the booking volume in the order year (= calendar year), and taken into account accordingly when invoicing. The final billing will take place at the end of the contract year at the latest, retroactively, in accordance with the advertising volume actually purchased.

§ 9  Price changes

  1. AutoScout24 Media reserves the right to change these Terms and Conditions. This applies in particular if a change is required due to mandatory legal regulations or if an extension or change to the range of services makes this necessary. Changes to these Terms and Conditions will be announced to the client in writing. They are deemed to be approved if the client does not object in writing. The client must send the objection to AutoScout24 Media within one month of the announcement of the change.
  2. The contracting parties will only publish any press information, press releases and other public statements about the conclusion or implementation of a contract in prior mutual agreement, hand over, release or otherwise make available to third parties. Independently of this, AutoScout24 Media has the right to refer to the cooperation regulated by this contract.

§ 11 Changes to these Terms and Conditions / Information about the collaboration

§ 12 Final provisions

  1. The exclusive place of jurisdiction and place of performance for all legal disputes arising directly or indirectly from the contractual relationship is the registered office of AutoScout24 Media, provided that the customer is a merchant within the meaning of the German Commercial Code (“Handelsgesetzbuch”), a legal person under public law or a special asset (“Sondervermögen”) under public law. The same applies if the customer does not have a registered office or habitual residence in the Federal Republic of Germany when the action is brought. The contract between the client and AutoScout24 Media is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. Changes or additions to the contract, including this clause, must be in writing to be effective. The written form within the meaning of these provisions generally means the written form in accordance with Section 126 para. 1 and 2 of the German Civil Code (“Bürgerliches Gesetzbuch” – BGB). The written form is also maintained by sending a PDF file, by fax or by email.
  3. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract remains unaffected. The invalid or unenforceable provision should be replaced - as far as legally possible - by an effective and enforceable regulation whose effects come closest to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.

Status: 07.02.2025

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