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GTC

General Terms and Conditions
of the Swiss golf magazine Golf&Country
Editor and publisher: Sarganserländer Druck AG, Mels

Print and e-paper: Golf&Country magazine

1. Scope. The advertising terms and conditions govern the contractual relationships between the advertiser or their advertising agency and the Swiss golf magazine Golf&Country – Sarganserländer Druck AG (GC/SL), unless otherwise agreed in writing. If these terms and conditions do not contain any deviating provisions, the contractual relationship shall be subject to the provisions governing contracts for work and services (Art. 363 et seq. OR [Obligationenrecht; Swiss Code of Obligations]).
Any general terms and conditions of the advertiser or their advertising agency will be excluded.

2. Orders to place, change or suspend advertisements («ads») should be sent by email. Ads may be suspended before the copy deadline without incurring any costs (except back-cover ads, which may only be suspended for free up to 14 days before the copy deadline; if suspended after that date, a processing fee amounting to 50% of the cost of the booking will be charged). Proofs («Ok to Print») can be provided on request, but only if the print material is received three working days before the submission deadline. The ads will still be published even if the «Ok to Print» has not yet been received. No proofs are supplied for material provided in camera-ready form (high-end PDF).

3. Special positioning requests are accepted without obligation. Specific positioning is subject to a surcharge in accordance with the price list. Accepted requests are only binding if confirmed in advance in writing. If a special positioning request that has been agreed to cannot be met for technical reasons, the advertiser will be informed; in such case, only the surcharge will be waived. Non-publication of an ad, incorrect positioning or late delivery of the magazine due to technical problems will not entitle the client to refuse payment or to assert claims for compensation.

4. Content of ads/supplements, liability. GC/SL reserves the right to request changes to the content or to reject ads/supplements without explanation. Orders for supplements (inserts, stickers, booklets, etc.) are only binding on GC/SL following approval of a sample. Ads or paid PR articles can be marked at the top of the page with the words «advertisement», «advertorial» or «promotion», in order to distinguish them from the editorial content. The client is responsible for the content of the ads or supplements and is liable for any claims by third parties. The client is obliged to bear all costs incurred in this connection.

5. Digital use. The client will allow GC/SL to incorporate the client's ads and content on the G&C website and to edit them for this purpose, until the client revokes such permission. The advertiser acknowledges that the website can be accessed worldwide. GC/SL assumes no liability for use of the content on the Internet by third parties. The advertiser grants GC/SL the right to take appropriate measures to prohibit any exploitation and processing of these ads.

6. Advertising rates. The prevailing prices set out in the rate card apply, plus VAT. Changes to prices, discounts and VAT will take effect immediately and will also apply to ongoing orders. However, the advertiser has the right to withdraw from the contract within two weeks of the new prices being announced. Each (repeat order) contract relates only to the ads of a single advertiser. Under certain conditions, corporate groups and holding companies can conclude group contracts, whereby each will have a duration of 12 months. The publication of editorial articles cannot be made a condition when placing an order. If GC/SL decides to stop publishing Golf&Country during the contract period, it may withdraw from the contract without having to provide the advertiser with compensation. This will not release the advertiser from having to pay for the ads that have already been published.

7. Print material, provision of receipts. All data supplied by the advertiser is to be considered as disposable material. GC/SL may destroy it at no cost after the final publication of the ad, unless the client has stated that it must be kept or returned. A receipt will be sent regularly or together with the invoice, free of charge. There is a charge for additional copies of receipts.

8. Printing errors. No liability is assumed for ads that are not published properly due to missing or unsuitable print material, or for colour deviations or register differences caused by the circumstances of the printing process. Colour nuances must be accepted within a certain tolerance that is justified on technical grounds.

9. Improperly published ads. Complaints must be made at the latest within 10 days of receiving the invoice. Improperly published ads will not entitle the client to a price reduction or free republication in the following cases:

  • late delivery of the data/documents;
  • missing, unclear or otherwise defective and unsuitable templates, non-adherence to typographical requirements;
  • errors arising from the translation of foreign-language originals, translation errors.


If the meaning or overall effect of the ad is significantly impaired, then, at most, the advertising costs will be waived or compensated in the form of free republication. All further claims are excluded.

10. Right of reply. Where possible, demands for a right to have a counter-statement published in relation to ads will be addressed by GC/SL in consultation with the advertiser. The advertiser is obliged to bear all legal and other costs incurred in relation to any such counter-statement.

11. Payment. The prices payable and discounts are stated in the applicable media data or order confirmations. As a rule, all invoices are payable within 30 days without deductions. Payment can only be made to the account specified on the invoice from GC/SL.

For international payments: We recommend using the SEPA payment system of Raiffeisenbank Sarganserland, for which there are no bank charges.

All other bank charges will be split equally between GC/SL and the client.

GC/SL reserves the right to request payment in advance, especially in the case of new business relationships. In such case, the ad will only appear if payment is received by the advertising deadline.
The exclusive place of jurisdiction and performance is 8887 Mels, St. Gallen (Switzerland); Swiss law applies.

12. Our online-products and channels:

Online: www.golfandcountry.ch

Facebook: www.facebook.com/golfandcountrySCHWEIZ/

Instagram: www.instagram.com/golfandcountry.ch

12a. Order placement. GC/SL markets ads from clients on the Internet at www.golfandcountry.ch. The prices quoted when the order is confirmed are based on the applicable media data of GC/SL or the corresponding order confirmations. If product descriptions, media data and price lists are referred to in these terms and conditions, these will form part of the agreement with the client. A contract for the publication of online ads will only come into being upon the order being accepted in text form (email) by GC/SL. The contract is valid for the content confirmed by GC/SL. Both GC/SL and the client may withdraw from contracts for the publication of online ads without incurring any costs if they do so up to four weeks before the first publication date by means of a binding declaration in text form. GC/SL reserves the right to reject online ads provided by the client for publication if GC/SL believes that they violate applicable laws or if there are legitimate reasons for not publishing them due to their origin, content, form or technical quality. If an ad is rejected, GC/SL will notify the client accordingly, stating the reasons for the rejection. GC/SL assumes no liability for claims by third parties resulting from online advertising that has not been rejected. The client will be exclusively liable for any such claims.

13. Provision of data. Unless otherwise agreed, the client is obliged to provide GC/SL with the material required to publish the online ad no later than 15 working days before the agreed publication date.
The details for the online ad must be sent in accordance with the instructions in the order confirmation. The obligation to store the documents ends when the online ad has been published for the last time in accordance with the order. GC/SL may then destroy the material.
GC/SL can bill the client for the cost of the agreed publication if the online ad cannot be published due to circumstances for which the client is responsible, in particular if documents were not made available at all, in time or correctly.
The client is obliged to check the published online ad immediately after initial publication and to report any errors immediately within the first week of publication. If the client fails to report an error, it will be deemed to have been accepted.

14. Rights of use. The client transfers to GC/SL all copyrights, neighbouring rights and other rights needed for use of the online ad, particularly the right to transfer the aforementioned rights to third parties commissioned to handle publication. The client warrants that it owns all copyrights, neighbouring rights and other rights that are required for the proper use of the online ad and is able to transfer them to GC/SL.
In addition, the client provides GC/SL with assurances that the online ad will not violate any legal provisions or regulations, especially those relating to competition law. If claims are asserted against GC/SL by third parties on copyright, competition or other grounds because of the online ad, particularly due to its content, the client will indemnify GC/SL against all such claims on initial request and will compensate GC/SL for any further damages (e.g. related legal defence costs).

15. Prices, payment terms. See item 11.

16. Data protection. We take the protection of your personal data very seriously. We process your personal data confidentially and in accordance with the legal data protection provisions.

SSL ENCRYPTION
This website uses SSL encryption for security reasons and to protect the transmission of confidential content such as enquiries that you send to us in our role as website operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from «http://» to «https://» and by the lock symbol in the address bar. If SSL encryption is activated, the data that you transmit to us cannot be read by third parties.

SERVER LOG FILES
The provider of the webpages automatically collects and stores information in «server log files», which your browser sends to us automatically. This information comprises: browser type and browser version, operating system used, referrer URL, host name of the requesting computer, time of the server request. This data cannot be used to identify a person. The data is not combined with data from other sources.  

GOOGLE ANALYTICS
This website uses Google Analytics, a web analysis service by Google Inc. («Google»). Google Analytics uses «cookies», i.e. text files that are stored on your computer and enable your use of the website to be analysed. The data generated by the cookie contains information on how you use this website and is usually transmitted to a Google server in the USA, where it is saved. However, if IP anonymization is activated on this website, Google will truncate your IP address beforehand within the member countries of the European Union or in other countries which are parties to the Agreement on the European Economic Area. You can prevent cookies from being stored via the corresponding setting in your browser; however, please be aware that you may not be able to enjoy all the functions of this website if you do so. Furthermore, you can prevent the data that the cookie generates about your use of this website (including your IP address) from being sent to and processed by Google; this can be done by downloading and installing this browser plugin. 


Mels, 1 August 2019

Redaktion

Golf & Country
Maienfelderstrasse 5
CH-7310 Bad Ragaz

redaktion@golfandcountry.ch



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