Terms & Conditions
1. General:
When selling any form of targeted advertisement (i.e., in print or online), La Loupe Ltd, Kollergerngasse 6, Top 9, 1060 Vienna, Austria (hereafter referred to as "La Loupe"), shall always be the contractual partner of the advertisement's buyer (hereafter referred to as "client" or "customer"). When processing the advertisement sale, the present Terms and Conditions (hereafter referred to as "T&Cs") shall apply for all clients. These T&Cs apply in particular to all paid orders for the placement of advertisements, media articles, or text publications as well as the provision of supplements in all La Loupe media (print & online) (hereafter referred to as "La Loupe media"). T&Cs, terms of use or other conditions laid out by the customer or third parties, shall not be subject to the contract; irrespective of whether they might contain provisions that are different or additional to the present terms and conditions
2. Order placement/offers:
Once an order is placed, a contract with La Loupe comes into effect. The placement of said order may take place orally or in any written form. Orders placed orally will be confirmed by La Loupe in writing. Collateral oral agreements shall only become valid once La Loupe has confirmed them in writing. Offers and timing details are non-binding. La Loupe reserves the right to refuse advertisement orders - also individual ones within the framework of an already placed order - at its own discretion. The customer shall be notified of said refusal
3. Execution of the orders:
Date and placement: There can be no warranty that advertisements will be placed in specific editions or specific spots. This excludes orders whose validity is a) expressly contingent upon the keeping of certain dates or b) subject to a special placement fee that is contingent upon placement in a certain spot. Print and media files: The customers' placements must conform with La Loupe's layout style. The customer is obligated to provide the print and media files for the respective La Loupe medium in a timely fashion. In case they are not provided in time, La Loupe has the right to charge the customer the costs that resulted from the lateness or any other additional expense. In case the print or media files provided contain errors that are not immediately apparent to La Loupe, or in case the files are damaged or incomplete and these defects only become apparent during printing, publication or at another point, the customer is not entitled to reimbursement in case of unsatisfactory printing and is liable to pay. Release: It is the customer's obligation to give the editorial staff approval for printing of the advertising placement by the deadline listed in the media data of the respective La Loupe edition booked by them. In case this deadline is not met, the order counts as fulfilled on La Loupe's part if the placement is made using the media files provided by the customer. Relief from liability: In case of orders placed via telephone, or text modifications ordered via telephone, La Loupe shall not be held responsible for the correctness of their reproduction. In cases where errors do not influence the placement in a significant manner, there shall be no compensation. If, in case of electronic submission, no colour-binding proof is provided, no liability shall be assumed for the correct reproduction. Slight variations in colour may occur during production; they do not, however, give the customer the right to complain. Proofs or electronic samples will only be created upon the customer's express wish; in case the customer fails to return them in a timely fashion, La Loupe shall assume that approval has been given. In case the customer's advertisement is illegible, incorrect, or incomplete, the customer is entitled to a discount or replacement advertisement, however only to the extent that the advertisement was actually compromised. Further liability on La Loupe's part is excluded. Complaints or rights to a discount must be registered with La Loupe in writing within 14 days after delivery of the printed edition; if not, the printed edition shall be considered approved. The obligation to hold on the print and media files ends three months after the placement in the respective edition has been published.
4. Copyrights:
All copyrights to graphics, texts, music files, video files, and concepts created within the framework of offers and/or orders shall remain with La Loupe. Graphics, texts, and concepts created by La Loupe must not be modified or passed on (to third parties) by the customer and they may only be used in the original sense and context. In case design concepts are illegitimately used by the customer (without an order having been placed) the customer will be charged the entire amount of the order. In case La Loupe is - either free of charge or against payment - tasked with creating, designing, or changing advertisements intended for publication in other media (i.e., outside of La Loupe media) all copyrights to the created works shall remain with La Loupe (original author and creator) - provided that no older rights to the provided documents (image rights etc.) supersede them. Payment for the copyright to publish in the La Loupe agency media is covered by payment for the advertisement. Using the created work outside of La Loupe agency media shall only be allowed upon express written consent given by La Loupe as well as payment of a possible extra fee on top of the original payment.
5. Cancellation:
Cancellation of an order must be communicated to La Loupe in writing. In case an order is cancelled after it has been signed, a down payment of 50% (see point 6) shall be deducted. In case the order is cancelled a) up to 10 weeks ahead of the printed work’s publication date, 60% of the order sum shall be billed, b) before the editorial deadline, 80% of the order sum shall be billed, c) after the editorial deadline, 100% of the order sum shall be billed.
6. Billing and terms of payment:
Upon placement of an order, a down payment amounting to 50% of the net order volume shall be made to La Loupe within 14 days (hereafter referred to as “the down payment”). If said payment is not made in a timely fashion, La Loupe shall not be obligated to print the customer’s advertisement. In such a case, La Loupe shall also have the right to withdraw from the contract and charge the customer a blanket penalty for services already rendered, which shall be calculated as follows: in case La Loupe withdraws from a contract a) up to 10 weeks ahead of the printed work’s publication date, the customer is liable to pay La Loupe 60% of the order sum as a blanket penalty, b) before the editorial deadline, the customer is liable to pay La Loupe 80% of the order sum as a blanket penalty, c) after the editorial deadline, the customer is liable pay La Loupe 100% of the order sum as a blanket penalty. Furthermore, La Loupe has the right to assert claims for further damages exceeding the blanket penalty. The remaining amount (i.e., the order sum minus the down payment) shall be payable within 14 days after the receipt of the invoice after the publication of the printed work. In case of late payment or deferment, default interest of 12% as well as possible operating costs shall be billed. La Loupe has the right to make the publication of further advertisements contingent upon the payment of open bills even while there is an open advertisement order. All order prices are listed excluding VAT, excluding the 5% advertising tax to be paid by the customer (only for publications in Austria) as well as exclusive layout creation. In case of an interruption of operations or other interference due to force majeure La Loupe shall be entitled to full payment if at least 90% of the promised print run can be delivered. Any bill delivered to the customer and correctly broken down shall be seen as approved and acknowledged, provided that the customer does not disagree in writing within four weeks after receipt of the bill. After the advertisement’s publication, the customer shall receive up to 5 printed editions free of charge. In case the customer provides a space to display the printed works, up to 200 printed editions shall be delivered free of charge.
7. Liability:
The customer shall be solely responsible for content, form, and legal legitimacy of an advertisement, specifically with regards to the clarification of copyrights, trademarks, and personal rights. La Loupe shall not be obliged to check advertisements for their content, form, or legal legitimacy. The customer shall therefore be held responsibly for any legal consequences of a published advertisement. In case of any claims by third parties, the customer shall fully indemnify La Loupe.
8: Final provisions:
Place of fulfilment and sole court of jurisdiction shall be Vienna. Only Austrian law shall apply. The UN sales convention does not apply.
In case any regulations included in the present T&Cs, or any amendments or provisions added at a later point prove invalid or become invalid, the remainder of the T&Cs shall retain full validity and applicability. In case of inapplicability, invalidity, or unenforceability of a clause, the contracting parties agree that a clause that most closely approaches the meaning of what was intended, and which is not inapplicable, invalid, or unenforceable, shall apply. In doing so the concrete economic interest of the contracting parties shall be extracted from the inapplicable, invalid, or unlawful clause. In accordance with § 25, para 2 – 4 Media Act, the publishable information shall be available under: www.laloupe.com/impressum. Any diverging or complementary amendments made to the present T&Cs must be agreed upon in writing. Upon ordering services and products and upon signing of contracts, the customers shall accept the present T&Cs without exception. In case individual clauses of this contract should prove invalid, the remainder of the contract shall remain untouched by this.
The T&Cs can be accessed at any time via the online portal www.laloupe.at. La Loupe reserves the right to make amendments to the present T&Cs at any time, or to adapt them to legal regulations. Changes to the present T&Cs shall come into effect on the day of their publication on www.laloupe.com, provided that the customer does not object to the respective change within maximum seven (7) days after the publication. Printing errors and mistakes reserved.
