General terms and conditions

General terms and conditions

Section 1
Scope of application and object of the contract

(1) Our general terms and conditions apply to the provision of services in legal matters in accordance with the contract concluded between us and the client.
(2) Our GTCs apply both to consumers and to businesses unless expressly stated otherwise in any of the relevant clauses.

Section 2
Offering and conclusion of contract

With their signature at the bottom of the contract, electronic order or letter of authorisation, the client is making a binding declaration that they would like to issue a mandate.

Section 3
Remuneration and terms of payment

(1) The amount of remuneration is determined based on a separate written remuneration agreement. Insofar as such an agreement has either not been made or has not been made effective, the amount of remuneration will be determined in accordance with the applicable statutory remuneration provisions, and above all in accordance with Section 2 of the Lawyers’ remuneration act [RVG]. Fees are subsequently calculated in accordance with the value of the object of legal activity (object value).
(2) The remuneration must be paid no later than two weeks after receipt of the invoice.
(3) We are entitled to request reasonable advance payments (Section 9 RVG) which must be payed within two weeks of the request.

Section 4
Liability

(1) Our full legal liability for breach of contract and tort is limited to cases of malicious intent or gross negligence. Insofar as we can be accused of minor negligence, liability is limited to four times the amount of the minimum insurance sum (currently 1 million euros). In this regard, there is insurance protection within the framework of statutory professional liability insurance.
(2) The liability limitations of para 1 shall not apply to injury to life, limb and health of the client or claims based on violation of material contractual obligations, that is to say obligations which arise from the nature of the contract and whose violation jeopardises the fulfilment of the purpose of the contract. We bear liability for every degree of fault in this respect.
(3) If the client believes that the insurance sum referred to in paragraph 1 does not adequately cover the risk, we will take out individual property insurance at their request provided that the client agrees to bear the additional costs incurred.

Section 5
Set-off

The client is only entitled to set-off rights if their counter claims have been legally established, are undisputed, are synallagmatically linked to our principal claim or have been recognised by us.

Section 6
Privacy policy

The client agrees to the processing of their personal data by us insofar as the contractual relationship requires this.

Section 7
Form of declarations

Any legally relevant declarations and notification made by the client to either us or a third party must be made in written form.

Section 8
Place of performance, choice of law and place of jurisdiction

(1) Unless otherwise stated in the contract, the place of fulfilment and performance is the headquarters of our law firm. The statutory provisions regarding jurisdiction shall remain unaffected insofar as the special provision in paragraph 3 provides otherwise.
(2) The law of the Federal Republic of Germany shall apply.
(3) The exclusive place of jurisdiction for contracts with business people, legal entities under public law or special funds under public law shall be the court responsible for the registered office of our law firm. The general terms and conditions have been translated into several languages. The German version is decisive for legal validity.

 

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