General Terms and Conditions of PoolOne Giant Media GmbH (PoolOne) – as of: January 2024

You can also find our General Terms and Conditions at Download on German and English.

§ 1 General Provisions

1.  PoolOne's deliveries and services are exclusively subject to the terms and conditions below. These will be supplemented by special contractual terms and conditions for individual business areas.
   The offers submitted by PoolOne are non-binding. A contract is only concluded with the written order confirmation by PoolOne. The same applies to any amendments and supplements to the contract.
2. PoolOne operates exclusively on the basis of these terms and conditions. Conflicting or deviating terms and conditions will not be recognised unless they are expressly confirmed in writing as binding. The provision of delivery or services by PoolOne shall be deemed as order confirmation.

§ 2 Delivery

1. The place of delivery shall be stipulated in the contract. If no agreement is made in this regard, the dispatch warehouse of PoolOne shall be deemed the place of delivery and performance. The delivery date shall be the point in time at which the goods to be delivered are ready for collection or dispatch at PoolOne. Delivery dates and other deadlines named by PoolOne shall only be binding if they are expressly designated as binding in writing by PoolOne.
2. In cases of service disruptions for which PoolOne is not responsible, and in cases of force majeure, the agreed delivery dates shall be extended by the duration of the service disruption.
3. The dispatch of the ordered goods, which is carried out either from PoolOne's warehouse or directly from the manufacturer to the location specified by the customer, is at the customer's risk and expense. The customer agrees that PoolOne may, at its reasonable discretion, appoint a freight forwarder in the customer's name and on the customer's account to transport the goods ordered by the customer. The freight forwarder acts for the customer and not as a vicarious agent or representative of PoolOne. PoolOne may also carry out delivery by way of partial delivery.
4. The customer undertakes to pay storage charges amounting to 1 % of the invoice value for each day of default in acceptance. The customer reserves the right to prove that lower costs have been incurred.

§ 3 Prices / Payment terms

1. The prices of PoolOne are ex works plus transport and loading costs. The prices stated in the order confirmation plus statutory VAT are decisive. If orders are carried out without separate price agreements, the list prices are deemed to have been agreed upon. If there is a period of more than five months between the conclusion of the contract and the delivery date, PoolOne is entitled to increase the prices in accordance with the cost increases that have actually occurred by the delivery date (in particular material and wage price increases).
2.  Payments are due within 7 days of invoicing. In the event of late payment, default interest shall be paid in accordance with Section 288 of the German Civil Code (BGB). The customer is only entitled to set off or exercise their right of retention if counterclaims exist on their part which have either been legally established or recognised by PoolOne.
3. PoolOne is entitled to request advance payments.
4. The production price for media usage fundamentally includes disposal. The media price includes shipping from the last place of use to the customer or another address within the country (excluding islands).
5. PoolOne may withdraw from the contract at any time if circumstances within the customer's sphere of influence justify the assumption that they will not be able to meet their payment obligations under the contract – this applies particularly in the event of enforcement, composition or insolvency proceedings against them, as well as in the event of cheque or bill protested against the customer – and they are unwilling to perform payment concurrently or provide security despite being requested to do so. PoolOne's right of withdrawal shall also exist if these circumstances already existed at the time of contract signing but only became known later.

§ 4 Customer's Duty to Cooperate

1. The contract concluded between the parties names a date by which the customer must provide PoolOne with the desired designs in a reproducible format at the latest. Late delivery of the documents by the customer will result in a corresponding delay to the delivery date. If the customer fails to meet the deadline for submitting the documents, PoolOne may set a grace period. After the grace period has expired, PoolOne is entitled to terminate the contract. In this case, the customer is obliged to pay damages in an amount corresponding to the total price of the order less the costs saved by PoolOne. The customer reserves the right to prove lower damages.
2. The customer is not entitled to sublet, otherwise transfer the space they have booked to third parties, or affix external posters without the prior written consent of PoolOne. In the event of an unauthorised subletting, transfer, or affixing of external posters, PoolOne is entitled to terminate the contract without notice. The aforementioned compensation obligations shall apply in this case.

§ 5 Retention of title

1. All deliveries remain the property of PoolOne until full payment of the purchase price and any ancillary claims.
2. In the event of resale of the goods subject to retention of title, the customer hereby assigns to PoolOne, in lieu of performance, all claims against the sub-purchaser. Should amounts from sub-purchasers be received by the customer, irrespective of the above agreements, the customer shall be obliged to immediately remit such amounts to PoolOne.
3. The customer undertakes to notify PoolOne in writing immediately in the event of seizure or confiscation of the purchased items by third parties and to draw the third party's attention to PoolOne's ownership rights. In the event of failure to notify, the customer shall be liable for damages. All costs of legal action, including those for necessary release from distraint, shall be borne by the customer.

§ 6 Warranty

1. Complaints regarding obvious defects must be made in writing to PoolOne immediately upon receipt of the goods in accordance with §§ 377, 378 HGB. Defective items purchased are to be returned by the customer to PoolOne in their original condition upon request. In the event of warranty claims, PoolOne shall, to the exclusion of any other claims by the customer, either rectify the item purchased free of charge or replace it in whole or in part, at its own discretion. If rectification or replacement delivery fails, the customer may demand a reduction in the purchase price or cancellation of the contract.
2. Damage and defects caused by improper handling or use are not covered by PoolOne's warranty.
3. Warranty claims are excluded if the purchased item has been modified and the defect is due to this modification.
4. The colour effect between the pre-print and the later display may differ and does not constitute a defect. Minor variations in size are subject to reservation, provided they are insignificant for future use.
5. Should the agreed advertising location no longer be usable, or only partially usable for the contract duration due to the withdrawal of permission or technical construction issues, PoolOne is entitled to offer at least two alternative locations that are of equivalent quality. The customer is obliged to state immediately, upon corresponding notification, which alternative location they prefer for the advertisement. If they do not state this immediately, PoolOne will decide which suitable location is to be used.
6. PoolOne ensures the proper installation of advertising banners produced or supplied by the contractor in accordance with the state of the art. Minor deviations in size are not grounds for complaint. Agreements regarding monthly broadcasting times include a display period of 28 days. For bookings with lighting, PoolOne guarantees lighting at least until 10:00 PM and from 6:00 AM.
7. In the event of a defect (with the exception of point 5), the customer's claims are limited to a right to defect rectification. If PoolOne is unable to rectify the reported defect, the client is entitled to a price reduction or to withdraw from the contract once the defect has occurred (e.g. visual impairments occurring during the display period of > 5 days). Any remuneration already paid will be refunded to the customer on a pro-rata basis. The customer shall have no further claims for compensation.
8. For advertising spaces that are not part of PoolOne's surface offering, PoolOne guarantees the proper installation of the advertising banner for a display period of 3 months from installation. If the advertising banner remains in place for longer than three months, an inspection of the installation is necessary. This inspection can be carried out by PoolOne for a fee. If this inspection is carried out by PoolOne, PoolOne will provide a renewed guarantee for a period of 3 months from the inspection.
9. Any warranty beyond the provisions set out above is excluded.

§ 7 Liability

1. PoolOne shall be liable for damages arising from injury to life, body or health due to any intentional or negligent breach of duty on its part or on the part of its vicarious agents.
2. Similarly, PoolOne shall be liable for any wilful or negligent breach of essential contractual obligations (cardinal obligations).
3. In addition, PoolOne is only liable for its own grossly negligent or intentional conduct or that of its vicarious agents. Liability is limited to the typically foreseeable contractual risks.

§ 8 Force Majeure

1. Force majeure (storms from Force 8, civil unrest, etc.), unavoidable operational disruptions and other circumstances for which PoolOne is not responsible, supplier failures, traffic disruptions, etc., as well as all unavoidable events that occur at PoolOne or a supplier, entitle PoolOne to suspend or postpone performance in whole or in part, to the extent and for the duration of the impediment. In the event of an impending storm from Force 8, PoolOne is entitled to dismantle advertising posters in advance. In the aforementioned cases, we are not obliged to compensate for any damage.
2. Any necessary assembly/disassembly of advertising networks shall be at the customer's expense.
3. If a service interruption occurs due to a disruption under Section 8, Paragraph 1, this does not release the customer from their obligation to pay the fee. If such a disruption lasts for more than 10 days, the customer may terminate the contract with immediate effect.

§ 9 Damage and Loss, Storage

1. PoolOne shall not be liable for any damage to or loss of advertising posters caused by third parties or as a result of force majeure, as defined in Section 8.
2. Replacements or repairs will only be carried out upon written order by the customer at their expense. Any necessary installations/disassemblies are to be borne by the client.
3. Downtime that occurs within the booked circuit period due to damage or loss of the advertising network does not entitle you to a reduction.
4. Advertising posters will be stored free of charge by PoolOne for up to 4 weeks after the display period ends. After this, PoolOne has the right to dispose of the posters free of charge and without further consultation with the client. Storage costs will be incurred for storing advertising posters beyond 4 weeks, unless otherwise agreed.

§ 10 Withdrawal

1. Should the necessary official authorisations not be granted, be revoked or be prohibited for urban development reasons beyond PoolOne's control, PoolOne shall be entitled to terminate the contract without notice. Any remuneration already paid shall be refunded to the customer. Further claims shall not exist.
2. PoolOne may withdraw from the contract at any time if the content of the templates is immoral, violates good morals or criminal regulations, or infringes third-party rights. The customer has the option to provide a non-offensive motif no later than 10 working days before the start of the display. If justifiable legal or moral concerns arise during the display due to the content of the advertisement, PoolOne is entitled to terminate the display immediately and charge the resulting damage to the customer.
3. Orders can be cancelled free of charge by the customer no later than 90 days before the planned delivery or assembly of the first materials. If the customer wishes to withdraw from the contract 89 days or fewer before the planned delivery/assembly, PoolOne will charge a cancellation fee. This fee will be 50 % of the owed remuneration for cancellations up to 35 days before the communicated assembly date, and 100 % of the remuneration for cancellations from 34 days beforehand. The customer reserves the right to prove a lower level of damage. Cancellation must be made in writing; the time of receipt by PoolOne is decisive for timeliness. This right of cancellation does not apply to contracts where the parties have merely determined the duration of the notice period, but the date and specific location of the notice period are at PoolOne's discretion.
4. In the event of a full or partial withdrawal by the customer, any volume discounts granted will be forfeited in full and will not be taken into account when calculating compensation.
5. An exclusion of competing companies of the customer in close proximity to the advertising display cannot be guaranteed and does not entitle you to withdraw from the contract.

§ 11 Copyright

1. The customer assures that they possess the right to reproduce and distribute all templates handed over to PoolOne, as well as, in the case of personal images, the consent of the depicted individuals for publication, reproduction, and distribution. In the event of third-party claims for damages arising from the breach of this obligation, the customer shall be liable for compensation.
2. The client shall indemnify PoolOne against any claims for damages or legal prosecution costs. In particular, PoolOne is authorised to reject or dismantle motifs from the client that are officially prohibited before assembly. In the event of seizure or if dismantling is required for legal reasons (copyright, competition law, etc.) for which the client is responsible, the client shall pay the full price for the duration of the contract plus any additional costs incurred.
3. PoolOne is entitled to use photos, excerpts, pattern prints and artistically modified motifs of the printed nets or tarpaulins for the purposes of self-promotion. This consent can be revoked by the customer for an important reason.

§ 12 Place of Performance, Jurisdiction and Applicable Law

1. If both parties are merchants, the place of performance and jurisdiction for all claims shall be the city of Hamburg, Germany.
2. Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.
3. German law shall apply to all contractual relationships to which these general terms and conditions of sale and delivery are subject.

Data protection
Personal data of the customer received in the course of business may be stored for the purpose of contract processing. PoolOne undertakes to treat all information made known in the course of business in accordance with the GDPR.