NEW IN THE CITY – das Magazin für Zugereiste – the city guide for newcomers

Privacy policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host:

webgo GmbH, AnschriftWandsbeker Zollstr. 95, 22041 Hamburg

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

NEW IN THE CITY e.K.
Kaiser-Wilehlm-Str. 26
82319 Starnberg

Phone: 08151 9731 881
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

Information on data transfer to the USA

Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate, and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Encrypted payment transactions on this website

If you are under an obligation to share your payment information (e.g. account number if you give us the authority to debit your bank account) with us after you have entered into a fee-based contract with us, this information is required to process payments.

Payment transactions using common modes of paying (Visa/MasterCard, debit to your bank account) are processed exclusively via encrypted SSL or TLS connections. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the communication with us is encrypted, third parties will not be able to read the payment information you share with us.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g., for the shopping cart function) or those that are necessary for the optimization of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Cookie Consent with Usercentrics

This website uses the cookie consent technology of Usercentrics to obtain your consent to the storage of certain cookies on your device or for the use of specific technologies, and to document the former in a data protection compliant manner. The party offering this technology is Usercentrics GmbH, Rosental 4, 80331 München, Germany, website: https://usercentrics.com/ (hereinafter referred to as “Usercentrics”).

Whenever you visit our website, the following personal data will be transferred to Usercentrics:

Your declaration(s) of consent or your revocation of your declaration(s) of consent
Your IP address
Information about your browser
Information about your device
The date and time you visited our website

Moreover, Usercentrics shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the Usercentrics cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

Usercentrics uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of specific technologies is Art. 6 Sect. 1 Sentence 1 lit. c GDPR.

Contract data processing agreement

Our company has executed a Contract Data Processing Agreement with Usercentrics. This is an agreement mandated by data privacy protection legislation that warrants that Usercentrics processes all personal data of our website visitors exclusively in compliance with our instructions and in compliance with the GDPR.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

The type and version of browser used
The used operating system
Referrer URL
The hostname of the accessing computer
The time of the server inquiry
The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Registration on this website

You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise we shall reject the registration.

To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process.

We shall process the data entered during the registration process on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR).

The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

5. Analysis tools and advertising

Matomo (formerly called Piwik)

This website uses the open source web analysis service Matomo. Matomo uses technologies that make it possible to recognize the user across multiple pages with the aim of analyzing the user patterns (e.g. cookies or device fingerprinting). The information recorded by Matomo about the use of this website will be stored on our server. Prior to archiving, the IP address will first be anonymized.

Through Matomo, we are able to collect and analyze data on the use of our website by website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser, and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

Hosting

We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.

6. Plug-ins and Tools

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6 Sect. 1 lit. f GDPR. If a respective declaration of consent has been obtained, the data shall be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. This declaration of consent may be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to determine whether data entered on this website (e.g., information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g., IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.

reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is underway.

Data are stored and analyzed on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the protection of the operator’s websites against abusive automated spying and against SPAM. If a respective declaration of consent has been obtained, the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a DGDPR. Any such consent may be revoked at any time.

For more information about Google reCAPTCHA please refer to the Google Data Privacy Declaration and Terms Of Use under the following links: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

7. eCommerce and payment service providers

Processing of data (customer and contract data)

We collect, process, and use personal data only to the extent necessary for the establishment, content organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual actions. We collect, process and use personal data concerning the use of this website (usage data) only to the extent that this is necessary to make it possible for users to utilize the services and to bill for them.

The collected customer data shall be eradicated upon completion of the order or the termination of the business relationship. This shall be without prejudice to any statutory retention mandates.

Data transfer upon closing of contracts for online stores, retailers, and the shipment of merchandise

We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with companies entrusted with the shipment of goods or the financial institution tasked with the processing of payments. Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.

The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.

Data transfer upon closing of contracts for services and digital content

We share personal data with third parties only if this is necessary in conjunction with the handling of the contract; for instance, with the financial institution tasked with the processing of payments.

Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur.

The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.

Payment services

We integrate payment services of third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, bank account details, credit card number) are processed by the payment service provider for the purpose of payment processing. For these transactions, the respective contractual and data protection provisions of the respective providers apply. The use of the payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment transaction (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent may be revoked at any time for the future.

We use the following payment services / payment service providers within the scope of this website:

PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

Details can be found in PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

General Terms

I. General Terms and Conditions for Advertisements and Third-Party Inserts in Newspapers and Magazine Publications

These terms and conditions are applicable for use in the advertising and insertions business of the publisher in conjunction with the rate card. Additional conditions of the advertiser which deviate from the terms of the publisher are therefore not legally binding.

1. “Advertising order“ in the intendment of the following general terms and conditions shall be the contract on publishing one of several advertisements of an advertising party or other advertisers in a publication for the purpose of distribution. Advertising orders from agencies shall be accepted in their name and on their account.

2. In case of doubt, advertisements shall be called within one year after concluding a contract.

3. If the right to call individual advertisements has been conceded in the framework of concluding a contract, the order shall be handled within one year since the publication of the first advertisement to the extent that the first advertisement was called and published within the period of time specified in sentence 1. When contracts are concluded, the client shall be entitled to call other advertisements within the period of time agreed upon or specified in sentence 2 even beyond the number of advertisements specified in the order.

4. If an order is not fulfilled under certain circumstances that the publishing house is not responsible for, the client, notwithstanding any other legal obligations, shall reimburse the publishing house for the difference between the reduction granted and the reduction corresponding to the actual procurement. Reimbursement shall not apply if non- compliance is based upon force majeure in the publishing house’s area of risk.

5. The publishing house shall make advertisements that cannot be recognised as such because of their editorial layout clearly recognisable as advertisements with the word “advertisement”.

6. The publishing house reserves the right to accept or reject advertisements or inserts or single orders at its own discretion at any time during the process of concluding a scheduled contract. The publishing house also has the final decision on accepting or rejecting orders that were accepted by its representatives or anyone assisting the company or its representatives. Clients will be immediately informed about a potential cancellation.

7. Orders for inserts shall only be binding for the publishing house after a sample of the insert has been submitted and approved. Clients will be immediately informed if an order is rejected. Inserts that advertise two or more companies will be invoiced as two or more inserts. The publishing house is not responsible for checking the number of inserts submitted. Outsourced inserts must be received by the publishing house within sufficient time before the advertising closure deadline to enable the client to be informed if the order cannot be fulfilled in the manner stated above.

8. The client shall be responsible for delivering the text of the advertisement in due time and the printing documents or inserts being in proper order. The publishing house will request a replacement for printing documents that are recognisably unsuited or damaged. The publishing house shall guarantee the printing quality normal for the attached titles in the framework of the possibilities given by the printing documents.

9. The client shall have a claim to reduction of payment or a flawless substitute advertisement if the print is wholly or partially illegible, incorrect or if the print of the advertisement is incomplete, however only to the extent that the purpose of the advertisement was impaired. If the publishing house allows an appropriate period of time set him for this to expire or if the substitute advertisement is not flawless again, the client shall have the right to reduction of payment or cancelling the order. Claims to compensation for damage from positive breach of an obligation, fault when the contract was concluded and wrongful acts, even if the order was issued by telephone, shall be excluded. Claims to compensation for damage because of the impossibility of performance and delay shall be limited to the remuneration to be paid for the advertisement or supplement concerned. The publishing house shall only be liable in commercially organised business transactions with gross negligence limited to the amount of the remuneration for the advertisement concerned. Complaints have to be as- serted within four weeks after receiving the invoice and document.

10. Proofs shall only be supplied upon express request. The client shall bear the responsibility for the correctness of the proofs sent back. The publishing house shall include all corrections of errors that it is notified of within the period of time set when sending the proof.

11. If no special size specifications have been given, the calculation shall be based upon the actual printing height usual for the type of advertisement.

12. If the client has not made an advance payment, the invoice will be sent immediately, but not later than 14 days after the publication of the advertisement. The invoice must be paid in net cash according to the conditions in the mediapack. The time limit begins on receipt of the invoice, unless a different payment date or advance payment has been agreed in advance.

13. If a special price has been agreed upon, the client forfeits any further listed discounts, such as frequency discounts and agency commission.
14. If there is a delay or a respite in payment, interest shall be charged in accordance with our price list and collection costs. The publishing house may set back the further implementation of the current order until payment is made and it may demand advance payment for the remaining advertisements. If there is a justified reason to doubt the client’s ability to pay, the publishing house shall be entitled to make publishing further advertisements dependant upon advance payment of the amount and settling outstanding amounts invoiced even during the term of an advertisement contract without taking the originally agreed-upon date of due payment into consideration.

15. The publishing house shall supply a proof of advertisement. If it is no longer possible to procure a proof, it shall be replaced by a legally binding certificate of the publishing house on publishing and distributing the advertisement. The publishing house will deliver with the invoice an example of the advertisement, if desired. Depending on the type and measurements, advertisement samples, insert pages or the full number of inserts will be delivered. If an example is not possible, then the legally binding certificate of the publishing house on publishing and distributing the advertisement takes effect.

16. Printing documents shall only be sent back to the client upon special request. The duty to store shall end three months after the order has expired.

17. The place of fufilment is the publishing house’s principal place of business. In cases involving legal proceedings concerning business transactions with merchants, legal entities of public law or with special funds regulated by public law, the place of jurisdiction is the headquarters of the publishing house. If the address or usual place of residence of the client, including non commercial persons, is not known at the time of commencement of legal proceedings, or if the client has changed his or her address or usual place of residence beyond the jurisdiction of statutory law, then the local jurisdiction of the place of the publishing house takes effect.

18. Advertising agents and advertising agencies are required to abide by the prices set by the publishing house when making offers, contracts and invoices with advertising clients.

19. The client bears single responsibility for the contents and the legal permissibility for the insertion of the text and art materials that are made available. The client is deemed to discharge the publishing house of any claims by third parties that might arise through the infringement of laws or regulations. The publishing house is not required to verify whether the legal rights of third parties have been infringed by its accepting these materials. In addition, the publishing house is discharged from the costs of any resulting legal defense costs.

20. Terminations of advertisement orders are not possible.

21. The placement of the advertisement is carried out by the publisher and placement requests included in the advertisement order are considered recommendations; the publisher will endeavour to fulfill these requests in the context of the technical and design alternatives. Excluded from these rules are advertisements within specified categories or those which have had a specific placement surcharge.

22. In the case of stoppages or in cases of force majeure, industrial dispute, illegal confiscation, traffic disturbances, general raw material or energy shortage and the like - in both the publishers‘ plant and external plants used by the publishers to fulfill their obligations - the publishers are entitled to demand full payment for the published ads, provided that 80% of the average circulation of the publication sold in the last four quarters has been delivered by the publishers. In the case of lower output by the publishers the invoice amount is to be reduced in direct proportion to the extent to which the guaranteed sold circulation has been reduced.

23. In accordance with §§ 26 and 34 of the Bundesdatenschutzgesetz of 1. 1. 1978 we herewith give notice that we shall be employing electronic data processing for administration and invoicing of the contract. For this purpose we or a third party shall be storing personally applicable data insofar as it is of significance for the performance of the contract.

§ 1 General

(1) The business relationship between the publishing house NEW IN THE CITY e.K., Kaiser-Wilhelm-Str. 26, 82319 Starnberg (hereinafter referred to as newinthecity.de) and the Customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

(2) Deviating conditions of the Customer are not recognized by newinthecity.de, unless the Provider has confirmed this in writing. Individual agreements between the provider and the customers always have priority.

(3) The customer can retrieve, save and print the order overview as well as these General Terms and Conditions. Otherwise, the text of the contract is not stored by the provider after the conclusion of the contract and is therefore not accessible. The contract language is German.

§ 2 Applicable law, place of jurisdiction

(1) The business relations between the provider and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.

(2) The place of jurisdiction shall be Munich if the customer is a merchant or a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.

§ 3 Services of the provider

(1) Customers can purchase print products from the publisher online on the website. These are sent to the customer immediately by mail after receipt of payment.

(2) On the website, customers can purchase digital media, e.g. ebooks, articles, PDFs for private use. The use usually takes place by logging into the password-protected area of newinthecity.de. After logging in, the purchased digital media are available for download on our website for a maximum of 12 months.

(3) The Provider may restrict access to the Website if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so requires. Furthermore, the provider expressly reserves the right to change, supplement or delete parts of the Internet site or the entire offer without prior notice, or to discontinue publication temporarily or permanently. Existing contractual obligations remain unaffected by such measures.

§ 4 Conclusion of the contract

(1) The sale of goods takes place only in household quantities. The presentation of the assortment of newinthecity.de on computers accessible via the Internet does not constitute an offer within the meaning of §§ 145 ff BGB (German Civil Code), but a non-binding invitation to the Customer to order these products.

(2) By sending an order to newinthecity.de via the Internet, e-mail, telephone, fax or other communication channels, the Customer submits a binding offer to conclude a purchase contract with newinthecity.de. The Customer receives a confirmation of receipt of the order by e-mail (order receipt confirmation), in which the order data are listed. This order receipt confirmation does not represent an acceptance of the offer, but is only intended to inform the Customer that the order has been received by newinthecity.de.

(3) The contract with newinthecity.de is concluded when newinthecity.de accepts this offer by sending the ordered product to the Customer or by confirming the shipment to the Customer with a second e-mail (shipping confirmation). No purchase contract is concluded for products from one and the same order that are not listed in the shipping confirmation. In case of prepayment of the invoice amount, the purchase contract is concluded with the instructed prepayment of the Customer to newinthecity.de.

§ 5 Delivery, shipping costs

(1) newinthecity.de is entitled to make partial deliveries and partial settlements at any time, provided that these are reasonable for the Customer. If partial deliveries are made by newinthecity.de, newinthecity.de will bear the additional postage costs. In case of delivery delays, the Customer will be informed immediately.

(2) The shipping costs to be paid by the customer are already added to the sales price per print issue and can be seen on the final price. The shipping costs vary depending on the country of destination. If shipping costs are incurred as a result of a cancellation of individual or several order items initiated by the Customer after the order has been placed and prior to delivery of the goods, because the order value falls below the limit of no shipping costs, the Customer will be invoiced for the shipping costs accordingly. If newinthecity.de cancels an order item for reasons other than at the Customer's request, e.g. because an item is no longer available, the shipping costs will not be recalculated..

(3) When importing goods into countries outside Germany, export restrictions may exist and import duties may be incurred, which the customer must bear. These vary in different customs territories. The customer is responsible for the proper removal of the necessary customs duties and fees.

(4) If the consumer makes use of his right of revocation according to § 5 of the GTC, he shall bear the costs for the return of the goods if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40.00 Euros or if, in case of a higher price of the goods, the consumer has not yet rendered the consideration or a contractually agreed partial payment at the time of the revocation.

§ 6 Due date, payment and retention of title

(1) newinthecity.de only accepts the payment methods displayed to the Customer in each case during the ordering process. Newinthecity.de always issues an invoice to the Customer, which is handed over to him upon delivery of the goods or - if newinthecity.de has a valid e-mail address of the Customer - is sent to him by e-mail.

(2) All prices include the statutory sales tax.

(3) The purchase price as well as shipping costs, if any, are due upon invoicing, unless payment has been made in advance. In case of payment by direct debit and credit card, the charge will be made on the day of invoicing.

(4) newinthecity.de reserves the right to demand payment in advance in the amount of the order value, especially in cases where open invoices are already in the reminder process at the time the order is received. The same applies if the value of all orders, the total of outstanding invoices or orders already on the shipping route at the time of a new order exceeds an amount of 200.00 EUR. A request to pay in advance will also be sent to any customer whose credit notes reach or exceed 30 percent of their previous total invoice volume. The order will be processed after receipt of payment.

(5) The Customer is entitled to offset only if and to the extent that his counterclaims have been legally established, are undisputed, or have been recognized by newinthecity.de. The Customer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.

(6) Until full payment, the delivered goods remain the property of newinthecity.de.

§ 7 Right of withdrawal

– Cancellation policy –

NEW IN THE CITY exclusively delivers goods for which unfortunately there is no right of withdrawal!

This includes the delivery of newspapers, magazines and periodicals as well as the delivery of goods that are not suitable for return due to their nature, such as e-books or digital content (articles).

- End of the cancellation policy -

IMPORTANT: Statutory warranty rights are not affected by the exclusion of the right of withdrawal. See also § 8.

§ 8 Warranty

(1) newinthecity.de will be responsible for defects that are present at the time of delivery of the goods within the scope of the statutory provisions. For contracts with consumers according to § 13 BGB the warranty period is 2 years from delivery of the goods.

(2) For orders from customers who are entrepreneurs according to § 14 BGB, the warranty period is limited to one year.

§ 9 Liability

newinthecity.de excludes liability for slightly negligent breaches of duty, provided that

(1) this does not concern guarantees or obligations essential to the contract, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely,

(2) it is not a question of damage resulting from injury to life, limb or health,

(3) Claims under the Product Liability Act shall remain unaffected. The same applies to breaches of duty by our vicarious agents.

§ 10 Privacy

(1) See privacy information.

§ 11 General Terms of Use eBook, PDFs

(1) Right of Use, Third Party Access, Duplication, Printing, Storage

The user receives a simple and non-transferable right of use, which entitles him to private use of the eBook and all associated files. The posting of the eBook or the download link on the Internet or other networks against payment or free of charge, the resale and/or any kind of use for commercial purposes are not permitted. The making of copies, printing or saving on other reproduction devices is only permitted for personal use. Third parties may not be given access by doing so. The transfer of the entire eBook into an own print and/or online publication is not permitted. The contents of the eBook may only be copied for private purposes and only in part.

(2) Change of contents

The content of the eBook may not be changed or transformed by the purchaser in terms of content or editing, subject to deviating mandatory legal rules. The Buyer is not authorized to create derivative works based on the content of the Publications or to use such material in a manner that would infringe the copyright in the content. All copyright notices, other on-screen accompanying notices, trademarks, digital watermarks and other legal notices in the retrieved content may not be removed or obscured or altered in any way.

(3) Abuse

The publisher reserves the right to investigate cases of suspected unauthorized use or other breaches of contract and to take appropriate measures, in particular to exclude the purchaser from further use of the licensed eBooks in whole or in part, temporarily or, in the case of serious breaches, permanently.

§ 12 Amendment of these General Terms and Conditions

newinthecity.de reserves the right to change these GTC at any time and without stating reasons. The amended terms and conditions will be sent to users by e-mail no later than two weeks before they come into effect. If a customer does not object to the validity of the new GTC within six weeks after receipt of the e-mail, the amended GTC shall be deemed accepted. The Provider shall separately inform the customers of the significance of the deadline in the e-mail containing the amended terms and conditions.

Place of jurisdiction is Munich

Stand: 2023