Absolut Research

General Terms and Conditions for Advertisements, Inserts and Digital Advertising Services

Effective as of: 01.09.2026

1. Scope of Application

  1. These General Terms and Conditions (“GTC”) apply to all agreements between Absolut Research, Grosse Elbstrasse 277a, 27767 Hamburg (the “Publisher”) and its clients concerning the publication and distribution of advertisements, advertising materials, banners, inserts and other advertising content in the Publisher’s print and digital media.
  2. The GTC apply in particular to:
    – advertisements in print publications;
    – inserts and special distributions;
    – banners and other online advertising materials;
    – advertising placements on the Publisher’s websites and digital platforms;
    – digital special advertising formats;
    – other advertising services offered by the Publisher.
  3. The applicable rate card, media information, technical specifications and, where agreed, individual order confirmations shall apply in addition.
  4. Any terms and conditions of the client that differ from these GTC shall not form part of the agreement unless the Publisher has expressly agreed to their application in writing.

2. Formation of the Contract and Online Bookings

  1. The presentation of advertising services on websites, booking platforms, rate cards or in media information does not, as a rule, constitute a legally binding offer to enter into a contract.
  2. In the case of an online booking, the client submits a binding order by completing and submitting the booking. The contract shall only be formed once the Publisher has confirmed the order, unless expressly agreed otherwise.
  3.  An automatically generated confirmation that an online booking has been received shall not constitute acceptance of the order, provided that this is expressly stated in the confirmation.
  4. The Publisher shall be entitled to reject orders without giving reasons, insofar as this is not precluded by mandatory statutory provisions.
  5. For online bookings, the client is required to provide all requested information completely and accurately.

3. Print Advertisements

  1. Advertising orders shall be executed in accordance with the applicable rate card and the agreed booking conditions.
  2. Advertisements expressly booked for a particular issue, publication date or position must be received by the Publisher within the deadlines notified by the Publisher.
  3. There shall be no entitlement to a particular position unless this has been expressly agreed in writing.
  4. Classified advertisements shall be published in the relevant section unless otherwise agreed.
  5. Advertisements which, by virtue of their design, could be mistaken for editorial content shall be identified as advertising by the Publisher in accordance with applicable statutory requirements.

4. Inserts and Special Advertising Formats

  1. Orders for inserts shall only become binding once the required samples and/or print-ready materials have been submitted and approved by the Publisher, where approval is required.
  2. The Publisher may reject inserts, in particular on the grounds of their content, design, format, technical characteristics or for organisational reasons.
  3. The client shall be responsible for ensuring that inserts are delivered on time, in proper condition and in sufficient quantities.
  4. Transport, delivery, packaging and any other costs associated with delivery shall be borne by the client unless otherwise agreed.
  5. The Publisher shall be entitled, for technical or organisational reasons, to distribute inserts over several dates or partial print runs.

5. Online Advertising and Banners

  1. Online advertising includes, in particular, banners, display advertising, sponsorship placements, advertorials, teasers, links and other digital advertising formats.
  2. The services to be provided shall be determined by the relevant order confirmation, the advertising format booked and the agreed term.
  3. Where only a term has been agreed, the Publisher shall provide the booked advertising space for the agreed period. No particular number of visits, clicks or revenues is guaranteed unless expressly agreed otherwise.
  4. A particular placement or continuous visibility of an advertising material shall only be guaranteed where expressly agreed.
  5. The Publisher shall be entitled to make reasonable adjustments to the position, technical integration and presentation of advertising materials for technical or design reasons, provided that this does not materially impair the agreed advertising purpose.

6. Technical Requirements and Advertising Materials

  1. The client shall provide advertising materials in accordance with the technical specifications stipulated by the Publisher and within the deadlines notified by the Publisher.
  2. If advertising materials are not delivered on time or are not supplied in a technically suitable format, the Publisher shall not be obliged to meet the agreed publication date.
  3. The Publisher may reject files that are technically unsuitable, damaged or contain malware.
  4. Any additional costs arising from changes, replacement materials or special technical requirements requested by the client shall be borne by the client, provided that the costs have been notified in advance or are payable under the agreed terms.
  5. The client shall be responsible for ensuring that all files, links and other digital content supplied by it are free from malware and other harmful components.

7. Links and Landing Pages

  1. Where an advertising material links to a website or other digital content belonging to the client or a third party, the client shall be responsible for the legality and availability of the destination page.
  2. The Publisher shall not be obliged to continuously review the destination page for legal compliance or accuracy of content.
  3. The Publisher shall be entitled to disable a link or temporarily remove an advertising material where there are specific indications of a breach of law or a risk to technical security.

8. Tracking and Measurement

  1. Where the performance of and invoicing for an advertising service require the measurement of impressions, clicks or other performance metrics, such measurements may be carried out by the Publisher or by technical service providers appointed by the Publisher.
  2. For invoicing purposes, the measurement and billing systems used by the Publisher shall generally be authoritative unless a different measurement method has been expressly agreed.
  3. The use of tracking technologies by the client or by third-party providers appointed by the client requires prior technical coordination with the Publisher and must comply with all applicable statutory requirements.
  4. The client shall not employ any technical measures that impair the operation of the website, the security of the Publisher or the proper delivery of other advertising materials.

9. Delivery and Approval

  1. The client shall be responsible for the timely delivery of all texts, images, files, links and other content required for publication.
  2. Prior to publication, the Publisher may offer the client a proofreading or approval process. Where the client’s express approval has been agreed, the client shall be responsible for the approved version.
  3. Changes required after approval may incur additional costs.
  4. The Publisher shall not be obliged to carry out a comprehensive linguistic, factual, legal or technical review of content supplied by the client.

10. Rejection and Removal of Advertising

  1. The Publisher may reject advertising orders or remove advertising materials that have already been published if their content, design or technical implementation breaches statutory provisions, regulatory requirements or the legitimate interests of the Publisher.
  2. This applies in particular to:
    – unlawful or misleading content;
    – infringements of copyright, trademark rights, personality rights or other third-party rights;
    – advertising that is impermissible under competition law;
    – pornographic, glorifying-of-violence, discriminatory or otherwise unacceptable content;
    – malware or other security risks;
    – content whose publication cannot reasonably be expected of the Publisher for objectively justified reasons.
  3. Wherever possible, the Publisher shall inform the client prior to rejecting or removing the advertising.
  4. Where advertising material must be removed as a result of a legal violation for which the client is responsible, the Publisher’s entitlement to payment shall generally remain unaffected. The Publisher reserves the right to assert further claims.

11. Rights in Advertising Materials and Content

  1. The client warrants that it holds all rights required for the publication of the texts, images, graphics, logos, trademarks, videos, audio content and other advertising materials supplied by it.
  2. The client grants the Publisher the rights of use required to perform the order.
  3. Such grant of rights shall include, in particular, the rights of reproduction, making available to the public, distribution and technical modification, insofar as required for the agreed publication and delivery of the advertising materials.
  4. The client shall remain responsible for the legality of the content supplied by it.

12. Indemnification

  1. The client shall indemnify the Publisher against justified third-party claims arising from content supplied by the client or from the contractual publication of such content.
  2. This applies in particular to claims arising from infringements of copyright, trademark rights, personality rights, competition law or other third-party rights.
  3. To the extent permitted by law, the indemnity shall also cover reasonable legal defence costs.
  4. The client shall promptly inform the Publisher of any cease-and-desist letters, demands for injunctive relief or court proceedings of which it becomes aware in connection with an advertising order placed by it.

13. Publication, Technical Disruptions and Downtime

  1. The Publisher shall endeavour to ensure the proper and, to the extent possible, uninterrupted publication of the booked advertising materials.
  2. Digital advertising services may be temporarily restricted or interrupted as a result of maintenance work, technical faults, force majeure, disruptions to telecommunications networks, cyberattacks or other circumstances for which the Publisher is not responsible.
  3. In the event of temporary technical downtime, the agreed term shall be extended appropriately, insofar as this is technically and organisationally possible and reasonably practicable.
  4. There shall be no entitlement to a particular number of visitors, reach, clicks or commercial success of the advertising unless an express performance guarantee has been agreed.

14. Fees and Invoicing

  1. The prices agreed at the time the contract is concluded or the applicable rate card shall apply.
  2. Unless otherwise stated, all prices are exclusive of statutory VAT.
  3. Invoices shall be paid in full, without deduction, within the payment period stated on the invoice.
  4. In the event of late payment, the Publisher shall be entitled to withhold further services until all outstanding amounts have been paid in full and to make the continuation of orders conditional upon advance payment.
  5. Where there are reasonable grounds to doubt the client’s solvency, the Publisher may also require reasonable advance payment for services that have already been confirmed but have not yet been performed.

15. Cancellation and Unused Services

  1. Cancellation of an advertising order that has already been confirmed shall only be possible in accordance with the agreed cancellation terms.
  2. Where advertising materials are not supplied or are supplied late, the Publisher’s entitlement to payment shall generally remain unaffected, provided that the Publisher is not responsible for the failure to publish the advertising.
  3. Special cancellation periods and cancellation fees may be agreed for continuous advertising placements and longer-term online bookings.
  4. Unused advertising periods or bookings that are not taken up shall not automatically be credited or rescheduled unless otherwise agreed.

16. Warranty and Complaints

  1. The Publisher warrants that the booked advertising service will be published in accordance with the contract, subject to its technical and operational capabilities.
  2. In the event of defective or incomplete publication, the client shall initially be entitled to an appropriate substitute service or, where a substitute service is not possible or would be unreasonable, to an appropriate reduction in the fee.
  3. The extent of any reduction shall be determined by the degree to which the agreed advertising purpose has been impaired.
  4. Obvious defects must be reported to the Publisher without undue delay after they become known to the client.
  5. The Publisher shall not be liable for defects attributable to advertising materials supplied by the client that are defective or technically unsuitable.

17. Liability

  1. The Publisher shall have unlimited liability for damage caused by wilful intent or gross negligence, as well as for damage arising from injury to life, limb or health.
  2. In the event of a slightly negligent breach of material contractual obligations, the Publisher shall only be liable for foreseeable damage that is typical for the contract.
  3. In all other respects, the Publisher’s liability for slight negligence shall be excluded to the extent permitted by law.
  4. The above limitations of liability shall also apply for the benefit of the Publisher’s legal representatives, employees and vicarious agents.
  5. Liability for loss of profit, failure to achieve advertising objectives, loss of revenue or other indirect losses shall only arise in accordance with the foregoing provisions and to the extent permitted by law. 
  6. Mandatory statutory liability shall remain unaffected.

18. Digital Publication of Print Advertisements

  1. The Publisher shall be entitled to publish print publications additionally in digital form.
  2. The digital reproduction may differ from the printed edition in technical and design terms.
  3. For technical, graphic, legal or other objectively justified reasons, the Publisher may exclude individual advertisements or parts of the print publication from digital publication.
  4. Unless digital publication of the print advertisement has been expressly booked as a separate advertising service, failure to publish the advertisement digitally shall not give rise to any entitlement to an additional digital substitute service.

19. Data Protection

  1. The Publisher shall process personal data in accordance with applicable statutory provisions and its privacy policy as amended from time to time.
  2. The privacy policy provides information in particular on the nature, scope, purposes and legal basis of the processing of personal data, as well as on the rights of data subjects.
  3. Where additional data protection agreements are required for a specific digital advertising service, these shall be concluded separately.

20. Final Provisions

  1. Amendments and additions to a contract shall generally be made in text form unless a stricter form is required by law.
  2. Should any provision of these GTC be or become wholly or partly invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.
  3. The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as such choice of law is permissible.
  4. In relation to merchants, legal entities under public law or special funds under public law, the registered office of the Publisher may be agreed as the place of jurisdiction, insofar as legally permissible.
  5. In relation to consumers, the statutory provisions governing jurisdiction shall apply.
  6. Unless otherwise agreed in an individual case, the prices, service descriptions and technical specifications of the Publisher applicable at the time the contract is concluded shall prevail.