General Terms and Conditions - Advertising Portal

1. General

1.1. Landwirt Agrarmedien GmbH operates an advertising portal on www.landwirt.com, where users can display or view advertisements and use related services and functions. By using the advertising portal, the user accepts the validity of these general terms and conditions.

1.2. These general terms and conditions apply, in particular, to the advertising segments of classified ads, used machines and contractor / service provision as well as to sub-domains.

1.3. All users of the advertising portal are natural persons or legal entities unrelated to Landwirt Agrarmedien GmbH and its employees who, via the advertising portal, create and / or search for commercial or private advertisements or publish commercial or private advertisements free of charge and / or for a fee or accept offers in advertisements, regardless of whether they do so as businesses or consumers.

1.4. Conflicting general terms and conditions or other contractual conditions such as the user’s terms of delivery or conditions of order are ineffective, unless these are expressly acknowledged by Landwirt Agrarmedien GmbH in writing.

1.5. Landwirt Agrarmedien GmbH has the right to amend these general terms and conditions at any time without stating a reason. The user is informed of a change to the general terms and conditions during the next login process. By using the website landwirt.com, the user is deemed to have given his consent to the amended general terms and conditions.

2. Scope of application

2.1. These general terms and conditions apply exclusively to services that are conducted between Landwirt Agrarmedien GmbH and the users in the context of the advertising portal. This covers services to businesses and consumers as well as commercial and private advertisements. Any exceptions are listed separately in these general terms and conditions. These services include, in particular, the gratuitous and / or paid publishing or posting of advertisements by users on the advertising portal provided by Landwirt Agrarmedien GmbH.

2.2. When a user accepts an offer in an advertisement, the contract is concluded exclusively between that user and the user who created or published the advertisement. In this case, Landwirt Agrarmedien GmbH is neither the user’s contractual partner, nor his representative or his agent. Landwirt Agrarmedien GmbH merely provides the technical solution that allows users to create, publish and browse advertisements and, as required, of their own volition and independently of Landwirt Agrarmedien GmbH, accept offers in advertisements and in this way conclude contracts with each other.

3. Creation and publication of advertisements

3.1. On the advertising portal, users have the opportunity to create and publish advertisements in the segments of classified ads, used machines and contractor / service provision.

3.2. A prerequisite for using the advertising portal is that the visitor registers as a user on the website landwirt.com. By registering, the visitor accepts the validity of the privacy statement, the terms of use and the community regulations (item 6 of the terms of use). In creating the first advertisement and also when creating further advertisements, the user accepts these general terms and conditions in their respective current version. The use of the advertising portal is prohibited if the user does not fully accept the privacy statement, the terms of use, the community regulations (item 6 of the terms of use) and these general terms and conditions.

3.3. Under certain circumstances, the publication of advertisements is subject to a fee. For more information on paid advertisements, see Rates and Information. Payment of advertisements that are subject to a fee is made via our payment providers (Wirecard AG, wirecard.com). Credit card information is transmitted exclusively in encrypted form.

3.4. Published advertisements are invitations to offer placed by the advertising user for other users of the advertising portal.

3.5. Advertisements are generally published on the advertising portal for a period of 45 days (classified ads) or six months (used machines). Publication of the advertisements will be automatically terminated after the respective period. However, the advertisements may be further managed or edited by the user in the user area and published again at his request (free of charge or for a fee).

3.6. Paid annual membership entitles contractors to book different advertising packages (e.g.: 60 days, 90 days).

3.7. The advertisement is published on the advertising portal and (also) - at the discretion of Landwirt Agrarmedien GmbH - on the websites of possible partners. In addition, Landwirt Agrarmedien GmbH is entitled but not obliged to publish the advertisements in other media, in particular by fax on request or in the trade journal "LANDWIRT", provided that the customer thereby incurs no additional costs.

3.8. Landwirt Agrarmedien GmbH gives no guarantee and assumes no liability in the event that the offer in the published advertisement fails to find a buyer or the publication period of the advertisement expires without success. The sales success of an advertisement is the sole responsibility of the user.

3.9. Any user who submits an advertisement accepts that free and / or paid advertisements that violate our terms and conditions, especially items 5 and 6 of the terms of use and / or the community regulations (item 6 of the terms of use), may be removed or deleted, in whole or in part, at the discretion of Landwirt Agrarmedien GmbH, at any time before the end of the publication period, without notice and without stating a reason. In the case of paid advertisements, no refund is given in respect of any payments made by the user to Landwirt Agrarmedien GmbH. Landwirt Agrarmedien GmbH reserves all claims, especially claims for damages, and assumes no guarantee or liability for the accuracy or legality of the content of the respective advertisement. Items 5 and 6 of the terms of use and the community regulations (item 6 of the terms of use) apply, in particular.

4. Refusal and cancelation of advertisements

4.1. Landwirt Agrarmedien GmbH is entitled to refuse offers from users to publish advertisements without stating a reason and to make changes that do not affect the content without the prior consent of the user.

4.2. Landwirt Agrarmedien GmbH reserves the right to withdraw from the contract with the user or from any yet unfulfilled part of the service for an important reason with immediate effect. An important reason exists, for example, if:

• a published advertisement is not paid by the user in due time despite a reminder and a grace period of 14 days;
• insolvency proceedings are instituted over the assets of the user or such proceedings are dismissed for lack of cost-covering assets;
• the user publishes an advertisement that does not comply with the terms of use or community regulations (item 3.8.);
• the customer provides false information or loses his legal capacity to act.

Cancelation can also be executed by e-mail and is effective immediately upon delivery to the last known address.

5. Duties of the user

5.1. Each user is solely responsible for the content of the advertisements he creates. The user is required to review each advertisement prior to its publication and to ensure that it does not violate our terms and conditions, especially items 5 and 6 of the terms of use and / or the community regulations (item 6 of the terms of use).

5.2. Each user must keep his user name and password secure and secret so that third parties do not have access to this information. We strongly recommend using a password that is hard to guess. Secure passwords consist of at least 12 characters in random order, with both uppercase and lowercase letters as well as numbers and special characters. Passwords that are easy to guess or can be found in dictionaries are not secure. Landwirt Agrarmedien GmbH assumes no liability for damage caused by the unauthorised intrusion of third parties in user accounts (hacking).

5.3. By publishing content, the user confirms that he has sufficient rights of use of all content published by him, especially the names and images of products and individuals as well as brands and other company symbols. The user confirms that the legitimate companies or individuals agree to the publication of their names, images, trademarks and company symbols and / or that the user has the corresponding rights and assumes sole responsibility in the event that the rights of third parties are violated due to publication. Item 1 of the terms of use applies, in particular.

5.4. The user indemnifies and holds harmless Landwirt Agrarmedien GmbH from all third party claims which are asserted against Landwirt Agrarmedien GmbH on the basis of the contents of an advertisement. This includes the costs of legal action or legal defence.

6. Paid advertisements

6.1. The current prices of paid advertisements can be viewed online at any time under Rates and Information. Users who post paid advertisements have the opportunity to view the current advertising prices prior to publishing and agree to the current price by publishing the advertisement.

6.2. All taxes and fees, especially added tax, are levied in accordance with applicable laws. Unless otherwise stated, all prices are gross prices and include VAT.

6.3. Users who place advertisements are required to pre-pay the fee via the online payment portal before publishing the advertisement.

6.4. In the case of late payment by companies, Landwirt Agrarmedien GmbH is entitled to charge default interest of 9.2% p.a. above the base rate. The user must also pay all costs, charges and out-of-pocket expenses incurred for the appropriate pursuit of the claims of Landwirt Agrarmedien GmbH. Landwirt Agrarmedien GmbH reserves the right to assert further claims due to default by the customer. Offsetting of the claims of Landwirt Agrarmedien GmbH against claims of users who place commercial advertisements is only possible if the claims of these users are judicially determined.

6.5. In the event of default of payment by the user, Landwirt Agrarmedien GmbH is entitled at any time, at its own discretion, to interrupt the publication of this or all advertisements of the user concerned for the duration of default. If the user fails to make the payment even after setting a reasonable period of grace, Landwirt Agrarmedien GmbH is entitled to stop the publication of all advertisements of the user in question and exclude the user from publishing further advertisements (e.g. by temporary or permanent blocking or deletion of the user account, blocking of the IP address). In each case, the user is given due written notification of the delay in payment (e.g. by e-mail) and alerted to the potential consequences of further late payment (e.g. interruption, blocking).

7. Warranty and liability

7.1. In the case of paid advertisements, Landwirt Agrarmedien GmbH endeavours to provide state-of-the-art, optimal reproduction of the advertisement in the popular browsers and on widely used end devices. Due to the variety of existing operating systems, different browsers and widely varying hardware, however, difficulties may sometimes arise in relation to displaying advertisements. In general, the warranty and liability provisions apply in accordance with item 2 of the terms of use.

7.2. Landwirt Agrarmedien GmbH assumes no warranty or liability in case of incorrect use of the website or the services and benefits offered on it, use of outdated hardware and / or software by the user or defectiveness of the advertisement template used.

7.3. In accordance with § 377 (notification of defects), business users are required to check the created advertisement immediately after publication and to report any defects within a reasonable period. A period of 3 working days is agreed as reasonable for checking an advertisement for defects. If this is neglected, warranty claims or claims for damages including those arising from a defect can no longer be asserted. The complaint period for obvious defects begins with the publication of the advertisement and, for hidden defects, with their discovery. The obligation to notify a defect does not apply to users who are consumers.

7.4. Landwirt Agrarmedien GmbH assumes no warranty or liability for the success, correctness or legality of the content of the respective advertisement. Items 5 and 6 of the terms of use and the community regulations (item 6 of the terms of use) apply, in particular.

8. Advertising

8.1. These general terms and conditions also apply mutatis mutandis to the booking and use of advertising space by advertising partners of Landwirt Agrarmedien GmbH (e.g. use of banners, skyscraper ads, advertorials, buttons, etc.). Advertising by advertising partners will be marked as such. +

8.2. The current prices for the different forms of advertising can be viewed at any time under Adverts.

8.3. Landwirt Agrarmedien GmbH uses DoubleClick for Publishers (DFP) by Google Inc. to publish advertising campaigns and assumes no warranty or liability for any type of damage caused by the use of DFP or individual services thereof, or losses arising from the temporary or permanent unavailability of DFP (downtime). This applies in particular in the event of faulty and / or delayed delivery of advertising by DFP on the websites of Landwirt Agrarmedien GmbH.

8.4. The advertising partner accepts the data collected by DoubleClick for Publishers (DFP) (e.g. page impressions, page views, clicks, click-through rate, etc.) as correct and valid and also agrees to the use of this data for the purpose of calculating the publication time of advertising and the billing of the advertising fee.

9. Cancelation

9.1. Users who are consumers are entitled to revoke the contract concluded with Landwirt Agrarmedien GmbH for the publication of chargeable advertisements or for a magazine subscription within 14 days. In the case of magazine subscriptions, the consumer must cancel the subscription within 14 days of the first delivery of the magazine. Business users have no right of cancelation.

9.2. Consumers have no right of cancelation if the advertisements were shown by Landwirt Agrarmedien GmbH within the cancelation period (14 days) and the user agreed to this immediate insertion. In the case of magazine subscriptions, consumers especially have no right of cancelation if the magazine is not delivered as part of a subscription (e.g. individual delivery) or the publication is delivered digitally, or if the publisher commenced delivery before the expiry of the cancelation period and the consumer expressly agreed to the loss of the right of cancelation.

9.3. The cancelation statement can be informal. Consumers are entitled but not obliged to use a sample cancelation form for the purpose of cancelation. It is sufficient if the cancelation statement is sent within the cancelation period of 14 days. To exercise your right to cancel, you must inform us about the cancelation in writing (e.g. by post, fax or e-mail): Landwirt Agrarmedien GmbH, Hofgasse 5, 8011 Graz, Austria, phone: +43 316/821636, fax: +43 316 / 821636-151, e-mail: redaktion@landwirt.com.

9.4. If a consumer cancels the contract and the advertisements have already started running, the user does not receive a refund for the insertions already consumed.

10. Termination

10.1. All users - regardless of whether they are consumers or businesses - are entitled to terminate subscriptions for newspapers / magazines.

10.2. Subscriptions must be terminated in writing at least one month before the end of the subscription, e.g. by mail, fax or e-mail to: Landwirt Agrarmedien GmbH, Hofgasse 5, 8010 Graz, Austria, phone: +43 316 / 821636-142, fax: +43 316 / 821636-151, e-mail: verwaltung@landwirt.com.

10.3. The subscription will be terminated at the end of the respective subscription period. The chargeable delivery of the subscribed newspaper / magazine will be automatically discontinued at the end of the reference period.

11. Final provisions

11.1. With regard to confidentiality and data security, the privacy statement applies in addition to these general terms and conditions. With regard to content created by users, the terms of use and community regulations apply in addition to these general terms and conditions.

11.2. There are no verbal supplements to this contract. Deviating agreements to these general terms and conditions are permissible, however they must be in writing. This also applies to the departure from the written form requirement. Deviating agreements such as supplements and assurances as well as subsequent changes to the contract only change those provisions of these general terms and conditions that are directly affected by the deviating provisions. All other provisions of these general terms and conditions remain in full force.

11.3. In the event that any provision of these general terms and conditions should be or become ineffective, this does not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The ineffective provision must be replaced by an effective provision that most closely approximates to the original meaning and economic and legal purpose. This also applies mutatis mutandis in the event of a gap in the provisions.

11.4. Users have no right of retention regarding payments for any kind of offset or counterclaim. This does not apply to consumers.

11.5. All communications, agreements, reminders, deadlines, notices of defects and all other legally relevant declarations are only legally binding if they are communicated in writing, whereby notifications via e-mail or fax are sufficient.

11.6. Austrian law applies exclusively to all legal relationships between Landwirt Agrarmedien GmbH and the users. The place of fulfilment is the registered office of Landwirt Agrarmedien GmbH. The application of the UN Sales Convention and the reference norms of the Austrian IPRG is excluded.

11.7. Unless mandatory provisions of the Consumer Protection Act contradict this, the competent court of Graz, Austria, has exclusive jurisdiction in respect of all disputes concerning the validity of the contract, arising from the contract and after termination of the contract.

Aktualisiert am: 08.05.2018 14:17