General Terms and Conditions
General
Alu-M.® AG is the operator of the Alu-Scout® specialist portal on the internet. As the operator, Alu-M.® AG is responsible for the sale in Alu-Scout® of company entries, corporate packages, advertising space and entries relating to persons.Third parties offer goods and services on the Alu-Scout®specialist portal. With the exception of company entries, corporate packages, advertising space and entries relating to persons, Alu-M.® AG does not offer any own products and services.
The users of the Alu-Scout® platform conclude agreements between themselves independently of Alu-M.® AG.
Subject-matter jurisdiction
The present General Terms and Conditions (GTC) shall govern the relationship between Alu-M.® AG and its customers or ordering parties (hereinafter referred to as ‘the Client’). They apply to all products and product packages of Alu-M.® AG, in particular to the specialist portal for the aluminium industry, www.alu-scout.com.
The Client’s general terms and conditions will not be accepted in any way unless Alu-M.® AG has specifically agreed in writing that they shall apply. The present GTC shall thus also be exclusively valid even when a contract is executed without reservation despite Alu-M.® AG being aware of alternative conditions on the part of the Client.
The present General Terms and Conditions shall be binding if they are declared as being applicable in a quotation or a possible order confirmation.
Agreements regarding amendments or modifications are expressly only possible if made in writing and signed by both parties.
Should one of the provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions of the GTC. In such case, the invalid or unfeasible provision shall be replaced with a valid provision which comes as close as possible to the desired commercial purpose of the invalid provision.
Alu-M.® AG expressly reserves the right to make modifications and/or amendments to the present GTC.
Conclusion of a contract
The Client shall contact Alu-M.® AG and will receive an offer from Alu-M.® AG within a reasonable period of time. The offer will contain all the necessary detailed information. Until receipt by Alu-M.® AG of an order acceptance issued by the Client based on the concrete offer and affixed with a legally binding signature, the offer can be countermanded at any time. Under no circumstances is Alu-M.® AG bound by an offer for more than 30 days.
If the Client makes modifications to the offer from Alu-M.® AG when placing an order, the placing of the order shall be regarded as a new offer. Without reservation such orders require a written order confirmation from Alu-M.® AG to be legally binding.
Supply of data
The Client is obliged to make relevant advertising material available to Alu-M.® AG that is proper, in particular in accordance with the format or technical requirements specified by Alu-M.® AG, and shall do so in good time for activation.
Costs incurred by Alu-M.® AG and its partners for any changes to the advertising material requested by the Client or for which the Client is responsible shall be charged to the Client.
Changes to an ongoing campaign are strictly only possible as part of additional orders. In such cases the Client shall bear any possible additional costs incurred.
Price list
The price list in force on the date an order is placed shall apply.
Warranty of title
In connection with the advertising materials he has produced, the Client shall guarantee Alu-M.® AG compliance with all legal requirements or other legal confines or obligations under private law, under public law or of a penal nature in his native country, in the country of residence of Alu-M.® AG (currently Switzerland) and in the countries that are targeted. In particular he shall guarantee that no third-party rights (rights to names, copyrights, data privacy laws, etc.) have been or will be infringed upon. The Client shall be responsible mutatis mutandi for the contents of the advertising materials he makes available to Alu-M.® AG and shall be totally and completely liable for contraventions of this clause.
The Client shall exempt Alu-M.® AG from any claims made by a third party that arise from illegal contents of the advertising material arising in connection with the order. Further the Client shall exempt Alu-M.® AG from any legal or out of court costs incurred in connection with third-party claims or other processes and legal disputes.
In the event of a legal claim against Alu-M.® AG as a result of the contents or other deficiencies in the advertising material provided or other circumstances for which the Client is responsible, the Client shall engage in support of Alu-M.® AG in court and indemnify Alu-M.® AG. The right to make a claim for other damages is reserved.
Liability
Alu-M.® AG accepts no liability whatsoever for interruptions to activations or other impediments to the order fulfilment, particularly as a result of a computer breakdown or other technical faults.
Alu-M.® AG shall be informed immediately and in writing regarding claims for faulty activation, temporary non-appearance or non-appearance of the corresponding advertising material.
The order shall be executed later where possible. Alu-M.® AG shall still be entitled to remuneration where an order is subsequently fulfilled within a time period that is commensurate and reasonable for the Client.
Further claims against Alu-M.® AG resulting from deficiencies in the service are expressly waived totally and completely. In particular, Alu-M.® AG shall not be liable for any consequential damages such as loss of profit etc. by the Client or a third party.
Trade fairs (Alu-TV®)
The trade fair organiser is entitled to move an event to a date other than that previously announced or to cancel it completely as long as there are pressing reasons to do so. Pressing reasons are in particular economic unprofitability and/or force majeure.
If the trade fair does not take place for the reasons previously mentioned, each party (Alu-M.® AG and the Client) shall bear the cost of any expenses it has incurred in the course of the fulfilment of its contractual obligations.
In this respect neither contracting partner shall have any grounds for a claim for reimbursement against the other.
Declaration of consent for Alu-TV®/ Alu-Film®
The Client has been comprehensively informed and received a detailed explanation about the planned application and use for Alu-TV®/ Alu-Film® of the Client’s company data and rights of use that are protected by copyright.
Without explicit instructions to the contrary, the Client declares that he is in agreement with the application and use by Alu-M.® AG of all of the respective data and rights of use, such as personal rights, rights of display, rights of distribution, broadcasting rights and reproduction rights, in connection with Alu-TV® and Alu-Film® within the framework of Alu-Scout®.
Publication of press releases
There shall be no obligation to publish press releases and any PR material and graphical material submitted. The decision to do so shall be at the sole discretion of the Alu-Scout® editorial team. In the event of publication, the Client shall be responsible for the contents.
The Alu-Scout® editorial team reserves the right to shorten press releases. Graphical material supplied by the Client shall be deemed to be approved for publication. If third-party personal rights are infringed, the Client shall be deemed to be responsible.
Duration of contract
The term of the contract between Alu-M.® AG and the Client shall be for 12 months from the date of the conclusion of the contract.
Internet subscriptions shall renew automatically at the end of each consecutive 12 month period unless previously cancelled in writing no later than one month prior to expiration of such 12-month period (as verified by date of postmark).
Data protection
The order shall be processed with due care and consideration being given to existing regulations concerning data protection.
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