§ 1 General & Scope
(1) These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop at www.kontentiert-legal.de. The website and the online shop are operated by attorney Alicja Wilczek, acting as the law firm KONTENTIERT LEGAL, Konkordiastraße 25, 40219 Düsseldorf, Germany, email: info@kon-legal.de, phone: +49 211 97 53 78 07 (hereinafter referred to as the “Law Firm”). The services offered in the online shop are legal services directed exclusively to entrepreneurs pursuant to Section 14 of the German Civil Code (BGB) (hereinafter referred to as the “Client”).
According to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person, a legal partnership, or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership that has the capacity to acquire rights and incur liabilities.
(2) Any deviating general terms and conditions of the client, supplementary agreements, and/or ancillary agreements are only valid if the firm expressly consents to them in writing. The statutory provisions regarding the precedence of individual agreements remain unaffected.
(3) These General Terms and Conditions shall apply to all future service contracts concluded between the firm and the client, even if they are not expressly agreed again.
(4) Changes to these Terms and Conditions will be communicated to the client in writing or by email. If the client does not object to such changes within six weeks of receipt of the notification, the changes shall be deemed agreed. In the event of changes to the Terms and Conditions, the client will be separately informed of their right of objection and the legal consequences of remaining silent.
§ Subject matter of the contract & conclusion of the contract
(1) Legal services in various legal areas are presented and described via the online shop. Legal services not presented in the online shop are offered individually by the firm. The exact content and scope of the respective services are specified in the respective service description in the online shop.
(2) The presentation of services in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer. By ordering/booking via the online shop, the client submits a binding offer to conclude a contract for the selected legal service. To do so, the client selects the appropriate service, places it in the virtual shopping cart, and enters the required information. Once all information has been provided and the appropriate payment method has been selected, the client clicks the “Order with fee” button. This constitutes a binding offer. The law firm reserves the right to accept or reject the offer after reviewing its professional legality and capacity. Acceptance occurs through express confirmation by email or by commencing the provision of services. A client-client relationship is only established through this express declaration of acceptance.
(3) The contract text is stored on the internal systems. The General Terms and Conditions can be viewed at any time in the online shop at https://hivelegal.de/allgemeine-geschaftsbedingungen-agb/. A summary of the order and these General Terms and Conditions will be sent to the client via email with the order confirmation.
§ 3 Provision of services & professional regulations
(1) Services will be rendered within the deadlines specified in the online shop. If no deadlines are specified in the shop, they will be communicated individually.
(2) Some legal services require client cooperation, which may include, for example, the provision of information, consultation, or granting access. Client cooperation may impact processing times.
(3) The firm is obligated to provide its services in accordance with professional regulations. It reserves the right to reject requests that could violate professional regulations, in particular the prohibition on representing conflicting interests (Section 43a (4) of the Federal Lawyers’ Act (BRAO)).
(4) Advice and the provision of services are always based on the information provided by the client. The firm assumes no liability for incomplete or inaccurate information.
§ 4 Remuneration & Payment Terms
(1) Remuneration is based on the price list provided in the online shop. Unless otherwise stated, all prices are net plus statutory VAT. The right to remuneration arises upon conclusion of the contract and is due immediately, unless otherwise agreed. Upon receipt of payment, the firm will issue the client a proper invoice confirming receipt of payment.
(2) Payment options include advance payment by bank transfer and credit card payment. To process and manage credit card payments, the firm uses the technical solutions of the payment service provider Stripe, Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA. If credit card payment is selected, a (pre-authorized) reservation of the amount is initially made upon completion of the order. If the credit card charge is declined, the client will be charged so-called chargeback fees. The amount of these fees is determined according to the payment service provider’s specifications. The credit card account will be debited promptly after the order is completed. If payment is not received in the firm’s bank account within 7 calendar days of a reminder, despite being due and even after a further request, the contract will not be accepted.
(3) In the event of late payment, the statutory provisions on default apply. The interest rate for a business is 9% above the applicable base interest rate per annum. Unless these are counterclaims arising from the same contractual relationship, the client is only entitled to set-off rights if their counterclaims have been legally established, are undisputed, or have been acknowledged by the firm.
(4) The client shall not be entitled to rights of retention, unless these are counterclaims arising from the same contractual relationship, if his asserted counterclaims are contested by the law firm, if these have been legally established or are ready for decision.
(5) It is the client’s responsibility to check all provided information for accuracy and completeness before submitting the order form. A claim for subsequent correction of the invoice only exists if the invoice data does not match the data in the completed order form. Any subsequent changes to the invoice addressee will not be accepted.
§ 5 Liability
(1) Liability for damages is limited to intent and gross negligence, unless there is a breach of essential contractual obligations. In the event of a breach of essential contractual obligations, the firm is liable for any negligence, but limited to typical, foreseeable damages.
(2) Liability for financial losses resulting from legal services is limited to the amount of the existing professional indemnity insurance in accordance with Section 51 of the Federal Lawyers’ Act (BRAO).
§ 6 Right of withdrawal
Since our services are provided exclusively to businesses, there is no statutory right of withdrawal.
§ 7 Confidentiality & Data Protection
(1) All information received in the context of the mandate, contract initiation and provision of services will be treated confidentially in accordance with the applicable professional and data protection regulations.
(2) Further information on the handling of personal data can be found in the privacy policy at https://hivelegal.de/datenschutzerklaerung/ and in the data protection obligation information at https://hivelegal.de/wp-content/uploads/2024/08/Datenschutzpflichtinformationen.pdf.
§ 8 Final provisions & Miscellaneous
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be the registered office of the law firm, provided that the client is a merchant, a legal entity under public law or a special fund under public law and this is legally permissible.
(3) Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.