Terms and conditionsX
Los
 
 

General Terms and Conditions for the poster advertising

This translation is only intended to make the content easy available to you. In case of a conflict between the Germans and the translated version, the German version is dominating.

of 1-2-3-Plakat.de GmbH(Stand: Juli 2025)

1. General information

(1) The following General Terms and Conditions apply to all contracts, deliveries and other services provided by 1-2-3-Plakat.de GmbH, Moltkestr. 8, D-32257 Bünde (hereinafter: 1-2-3-Plakat.de) to its customers. The version of the General Terms and Conditions valid at the time of the order shall always apply.

(2) The business relationship between 1-2-3-Plakat.de and the Client shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction and place of performance shall be Bünde if the Client is a merchant or a legal entity under public law or a special fund under public law.

(3) 1-2-3-Plakat.de is not the owner of the advertising systems offered on its portal. 1-2-3-Plakat.de bundles the offers of many owners of advertising installations on its portal and makes them available to clients for booking in its name and for its account. 1-2-3-Plakat.de relies on the accuracy of the master data (photo, location description, availability, etc.) provided by the owners of the advertising installations and declares that errors in the master data of the advertising installations are reserved during transmission.

(4) We recommend that you print out all transaction data and the General Terms and Conditions (GTC) when ordering.

(5) The contract language is German.

2. Conclusion of contract

(1) The contract is concluded as follows: The offer presented on the 1-2-3-Plakat.de website does not constitute an offer in the legal sense. By placing an order, the Client makes a binding offer to enter into a contract. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on “Order with obligation to pay”, the client submits a binding order offer. After receipt of the client's offer by the seller, the client receives an automatically generated e-mail (order receipt confirmation), which lists the receipt of the order and its details.

1-2-3-Plakat.de may accept the offer by informing the client

  • a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the client is decisive in this respect,
  • carries out the order, whereby receipt by the client is decisive in this respect,
  • requests payment after placing its order.

A request for payment is also made when the bank details are communicated to the client or the client is forwarded to a payment service provider.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives to acceptance occurs first.

(2) The text of the contract is saved by the seller and is sent to the customer by e-mail together with the included GTC.

(3) 1-2-3-Plakat.de offers the client the opportunity to design their own motif for their own advertising campaign on the 1-2-3-Plakat.de website and to book the advertising locations where the advertising is to be placed for the time chosen by the client. In doing so, 1-2-3-Plakat.de combines all the necessary individual steps of the process chain (3 steps) as required for the advertising campaign (motif design, location selection, registration and booking confirmation). The individual steps are shown below: (Step 1) Motif design - The client designs his motif himself using a simple design tool. After booking, the finished motif is sent automatically and online to a print shop commissioned by 1-2-3-Plakat.de, which then produces it. Shipping is also carried out by the commissioned print shop and is organized by 1-2-3-Plakat.de. (Step 2) Location selection - The client selects the desired posting areas using the 1-2-3-Plakat.de selection tool. The client can select all locations where these advertising sites are available and book them online on the desired date (if available). (Step 3) Registration and booking - The client enters their data here and places a binding order for the printing of the required advertising material and the booking of the selected advertising media locations.

(4) The client may also have additional posters printed - over and above those required for the advertising campaign - and order the poster motif on a hollow wall panel in DIN A1 format (hereinafter referred to as “additional posters” or “small formats”).

(5) 1-2-3-Plakat.de reserves the right to reject orders if the rights of third parties are infringed or laws are violated during order processing. In this case, 1-2-3-Plakat.de shall inform the Client of the order rejection by e-mail.

(6) Advertising for political parties, religious groups and politically motivated organizations is subject to approval in all cases. When placing the order, the Client is obliged to make separate reference to the content of the advertising posters in the “Remarks” field. In the absence of approval, 1-2-3-Plakat.de shall be entitled not to carry out the order. Any payments will be refunded to the Client less any costs already incurred. If the motif is missing from the order, the order may also be rejected 5-7 days after the print motif has been provided.

(7) Deadline commitments by 1-2-3-Plakat.de shall only result in a firm deal if the booking is expressly designated as such in the order confirmation.

3. Content of self-created posters, infringement of third-party rights

(1) The client is solely responsible for the content of the motifs created by the client (e.g. texts written by the client, images and/or graphics provided).

(2) Should the content of the motifs infringe the rights of third parties, e.g. under copyright law, competition law or protection of confidence, 1-2-3-Plakat.de shall be indemnified by the Client against any third-party claims. This indemnification shall include claims for damages, injunctive relief and information, as well as the necessary costs of legal defense.

(3) The parties shall notify each other immediately if third parties assert property right infringements or other claims within the scope of the contractual relationship between 1-2-3-Plakat.de and the Client.

(4) For all data/files transmitted to 1-2-3-Plakat.de that are used to produce the advertising material, 1-2-3-Plakat.de assumes that the Client is in possession of all necessary copyrights, trademark rights or other rights. A review by 1-2-3-Plakat.de shall not take place. 1-2-3-Plakat.de points out that third parties may assert substantial claims for damages against the Client in the event of copyright-infringing content. This also applies to photos in which persons are recognizable. In this case, the client must obtain the consent of these persons to be depicted in their advertising and provide proof of this upon request.

(5) By placing the order, the Client warrants that the content of the transmitted image files does not violate criminal laws, in particular the provisions on the dissemination of child pornography (Section 184 of the German Criminal Code). 1-2-3-Plakat.de reserves the right to report any breach of this assurance to the police immediately.

(6) By placing the order, the Client agrees that 1-2-3-Plakat.de may use a small strip above or below the Client's advertising motif for its own advertising (approx. 356 cm wide and 14 cm high for large areas). The area available for the Client's advertising shall be reduced accordingly (for large areas to approx. 356 cm wide and 238 cm high).

4. Prices, handling of promotions, delivery, payment

(1) The processing of the advertising campaign and the delivery of the additional posters or small formats shall be carried out at the prices stated on the 1-2-3-Plakat.de website at the time the order is placed. The prices are made up of the costs for production and dispatch (deviating agreement for own production and dispatch - see paragraph 6), as well as the media costs for the locations, attachment and removal of the advertising at advertising locations (location costs). Costs for contractual and usage rights arising from the use of images and/or graphics incorporated into the motifs by the client are not included in these prices and may have to be borne additionally by the client (see also section 5 of the GTC). The prices do not include the statutory VAT, which we show in the booking process.

(2) A prerequisite for the processing of the promotion is the full settlement of the amount requested by 1-2-3-Plakat.de with the order confirmation.

We offer the following payment methods:

  • Payment on account (due date: net by the start of the campaign)
  • Direct debit by Sepa direct debit (due date: full amount up to 21 days before the start of the exhibition, with a 2% discount)
  • PayPal
  • Prepayment by bank transfer

For express orders, the only payment options available to you are prepayment by bank transfer or PayPal.

(3) In the event of a returned direct debit, the client shall be obliged to reimburse the bank charges incurred in full. 1-2-3-Plakat.de shall pass on any bank charges incurred to the Client.

(4) Unless expressly agreed otherwise, small formats and additional posters shall be delivered to the address specified by the client within 14 days of the execution of the campaign posters. The execution of the campaign posters shall begin 14 days before the start of the campaign. 1-2-3-Plakat.de reserves the right to make a partial delivery if this appears advantageous for speedy processing. Additional costs for special delivery methods requested by the client shall be borne by the client.

(5) In the event of late payment or deferment of payment, interest and any collection costs will be charged.

(6) If the Client does not order the posters for the poster advertising campaign from 1-2-3-Plakat.de, the Client shall be responsible for their timely delivery to the billboard companies (own production and dispatch). In this case, 1-2-3-Plakat.de shall provide the Customer with a dispatch list together with the order confirmation, showing the individual quantities to be dispatched, the dispatch addresses of the billboard companies and the latest receipt date for the posters. All costs incurred for in-house production and dispatch (poster production costs, dispatch costs, etc.) shall be borne by the client. He is also responsible for ensuring that the posters meet the requirements for poster display using the wet adhesive method. The production, handling and packaging guidelines are available for download on the 1-2-3-Plakat.de website.

(7) 1-2-3-Plakat.de shall not be liable for the impossibility of delivery or performance or for delays in delivery insofar as these are caused by force majeure or other events which were not foreseeable at the time of conclusion of the contract and for which 1-2-3-Plakat.de is not responsible. If such events make delivery or performance significantly more difficult or impossible for 1-2-3-Plakat.de and if the hindrance is not only of a temporary nature, 1-2-3-Plakat.de shall be entitled to withdraw from the contract.
In the event of hindrances of only temporary duration, the delivery or performance deadlines shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. The 1-2-3-Plakat.de shall inform the Client of this. If the Customer cannot reasonably be expected to accept the delivery or service due to the delay, the Customer may withdraw from the contract by immediate written declaration to 1-2-3-Plakat.de.

(8) The risk shall pass to the Client when the delivery item is handed over to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or 1-2-3-Plakat.de has assumed other services. If dispatch is delayed due to circumstances for which the Principal is responsible, the risk shall pass to the Principal at the time at which 1-2-3-Plakat.de is ready for dispatch and has notified the Principal of this.

(9) Any storage costs after the transfer of risk shall be borne by the Client. If storage is carried out by 1-2-3-Plakat.de, the storage costs shall amount to 0.25% of the invoice amount of the delivery items to be stored per expired week. We reserve the right to claim and prove further or lower storage costs.

5. Warranty for defects

(1) The client is obliged to check the graphic specifications provided by him online himself. The posters shall not be checked by 1-2-3-Plakat.de. Any color deviations between the printed result and the screen colors are due to technical reasons and are not a defect. Minor deviations from the original in color reproductions, in particular color differences between the individual sheets of multi-part posters, do not constitute a defect.

(2) The Client shall issue print approval by sending its print data to 1-2-3-Plakat.de. The Client waives further print approvals or the creation of a proof.

(3) Interruptions or disruptions to advertising must be reported to 1-2-3-Plakat.de immediately. It is helpful to submit suitable evidence (e.g. photos) as proof.

(4) In all other respects, the statutory provisions shall apply with regard to the warranty.

(5) The poster companies require a replacement poster quantity amounting to 10% of the print run (rounded up to full posters and at least 1 replacement poster per poster warehouse) in order to carry out a campaign. Replacement posters are required because posters can be damaged during preparation for gluing, during poster placement or during the display period. If the Client orders the poster display without replacement posters, 1-2-3-Plakat.de shall only accept complaints due to poster damage, poster failures, etc. if the damage, failure, etc. could not have been remedied by replacement posters. Accordingly, replacement or reimbursement of costs due to poster damage, poster failures, etc. will only be provided if the client orders or delivers the required number of posters including replacement posters. Surplus posters will be disposed of free of charge 14 days after the end of the campaign - unless we receive other information from the client.

(6) The client agrees that in the event of short-term failure of advertising installations (e.g. due to parking, construction sites, obstructions, etc.), an equivalent alternative billboard will be erected. 1-2-3-Plakat.de shall inform the Client of any cancellations or changes.

(7) The failure of individual advertising installations does not entitle the client to cancel the entire advertising campaign.

6. Disclaimer / Limitation of liability

(1) Liability shall be excluded for damage to legal interests other than life, body or health, unless the damage is due to intentional or grossly negligent conduct on the part of 1-2-3-Plakat.de or one of its legal representatives or vicarious agents and the conduct does not constitute a breach of obligations essential to the purpose of the contract.
Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely.

(2) 1-2-3-Plakat.de shall not be liable for failures, damage to the advertising material used caused by third parties (e.g. damage, over-pasting, painting and vandalism).

(3) This exclusion of liability shall not apply insofar as claims under the Product Liability Act are concerned.

(4) The right to non-execution, interruption or premature termination as well as a reduction in the format or location of postings due to official requirements or for other reasons for which 1-2-3-Plakat.de is not responsible shall remain reserved. In such cases, the Client must be informed immediately. Claims for compensation cannot be asserted as a result. In the event of delays for which we are not responsible, claims for damages against us are excluded. In addition to the right of withdrawal, the customer shall only be entitled to claims for damages due to non-performance in the amount of the actual and foreseeable damage if the delay was due to an intentional or grossly negligent breach of duty.

7. Data protection, backup of image files

(1) The Client is advised that the personal data required to process the order will be stored by 1-2-3-Plakat.de on data carriers. The stored personal data shall of course be treated confidentially by 1-2-3-Plakat.de. The collection, processing and use of the client's personal data shall be carried out in compliance with the applicable data protection laws.

(2) The client has the right to revoke any consent given at any time with effect for the future.