General terms and conditions
§ 1 Validity, definitions of terms
(1) BRG Schleicher Rechtsanwälte, Otto-Suhr-Allee 27, 10585 Berlin, Germany (hereinafter referred to as “we” or “Q-Found”) operates an online shop for legal services under the website https://q-found/q-shop The following General Terms and Conditions apply to all services between us and our clients* (hereinafter referred to as “client” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed, but at least in text form.
(2) “Consumer” in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of a contract apply to orders placed via our online shop at https://q-found/q-shop. The offer is directed exclusively at entrepreneurs and not at consumers.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. A contract is only concluded through acceptance by Q-Found under the following conditions.
(3) When an order is received in our online shop, the following regulations apply: The client makes a binding contractual offer by successfully completing the order procedure in our online shop, unless he only obtains an offer for the intended function in the shop or only makes an advance payment for a mandate that has come about outside of the shop system with Q-Found via the shop system. The order is made in the following steps:
- Selection of the product,
- Add the products by clicking on the corresponding button “Add to shopping cart”,
- Entry/checking of address and contact data, selection of payment method, confirmation of GTC and revocation instructions,
- Complete the order by clicking the “Buy now” button. This represents your binding order.
- Immediately after receipt of your order you will receive an order confirmation. This is merely a message from us to you that we have received your order. The order confirmation is not an acceptance of your order.
- The contract is concluded when you receive contract note from us within three working days to the e-mail address provided. The dispatch of an advance invoice or another message conclusively expressing the acceptance of the order is equivalent to this.
(4) If the contract is concluded, the contract is concluded with Q-Found Schleicher + Steltzer Partnerschaft von Rechtsanwälten, Otto-Suhr-Allee 27, 10585 Berlin, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation instructions, is carried out by e-mail after the order has been placed by you, partly automatically. We do not save the text of the contract with our Online Shop after conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back button” of the browser). You can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process. If necessary, the browser cache must be deleted.
(7) Q-Found executes all orders in compliance with the relevant professional regulations. These are the Federal Lawyers’ Act (BRAO), the Professional Code of Conduct for Lawyers (BORA), the Specialist Lawyers’ Act (FAO), the Law on the Remuneration of Lawyers (RVG), the Professional Rules of the Lawyers of the European Community (CCBE Professional Rules), the Law on the Activities of European Lawyers (EuRAG), the Ordinance on Directories of Lawyers and the Special Electronic Mailboxes for Lawyers. All texts are available on the website of the Federal Chamber of Lawyers http://www.brak.de, here.
(8) Q-Found is bound to secrecy – even after the termination of the mandate. This obligation applies to all information entrusted or otherwise made known by the client within the scope of the mandate, but not to obvious facts and those which, by their nature, do not require secrecy.
(9) If, when processing the mandate, the information of third parties is required who are not already subject to secrecy by virtue of professional law or official position, the lawyer will work towards a secrecy agreement. The client expressly declares his consent to this.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop is subject of the contract: The described product of legal services by Q-Found.
2) The essential characteristics of the legal services offered are set out in the product description. Insofar as products are ordered via the shop via fee advances for legal services, the content of which has been agreed outside the shop system, the individually agreed subject matter of the contract is decisive.
(3) The services to be provided by Q-Found extend to all areas of the law applicable in the Federal Republic of Germany, with the exception of tax law, unless specifically agreed otherwise.
(4) Q-Found is entitled to include selected attorneys in the processing of mandates or to assign them in whole or in part. The rights and obligations of Q-Found remain unchanged.
§ 4 Prices, shipping and delivery
(1) The prices listed in the respective product descriptions are either total prices or represent an advance on the respective total price that has been shown or separately agreed. Prices are always exclusive of statutory value added tax (VAT). Costs for the use of the means of telecommunication used for the conclusion of the contract are only incurred as far as agreed with your telecommunications provider.
(2) Should a remuneration agreement not have been concluded or prove be ineffective, the client shall owe remuneration in accordance with the German Lawyers’ Fees Act (RVG).
(3) The remuneration to be paid by Q-Found for the legal service to be provided is to be paid in advance, unless we expressly offer our assignment on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. The client is also obliged to pay if claims for reimbursement of costs exist against third parties, in particular the legal expenses insurer.
(4) The products offered are offered exclusively in the form of legal services and digital documents (files) and are therefore not dispatched. For this reason there are no shipping costs.
(5) In principle, there are no territorial restrictions. Reference is made to Section 2 (2) of these GTC.
(6) Several clients are jointly and severally liable to Q-Found.
(7) If public authorities (e.g. commercial register, notary, etc.) are involved in the provision of legal services, you will receive a separate invoice from them. The invoice amount is already included in the total prices shown.
Legally required information for remuneration agreements with lawyers:
The opposing party, a party to the proceedings, or the state treasury, must regularly reimburse no more than the statutory remuneration in the event of reimbursement of costs. The agreed remuneration may not be covered by legal expenses insurance, or if so not in full.
In court proceedings, lawyers are legally obliged to charge at least the fees mandated by the German Lawyers’ Fees Act (RVG) to the client, § 4 RVG, § 49b BRAO.
§ 5 Other duties of the client
(1) The client shall inform Q-Found comprehensively and truthfully of all facts connected with the mandate and shall transmit all documents and data connected with the mandate in an orderly form.
(2) The client shall inform Q-Found immediately of any changes in his contact details, in particular his address, telephone and fax number and e-mail address. Furthermore, the client shall inform Q-Found of any long-term absence from the location or other circumstances that may cause its temporary unavailability.
(3) The client will immediately check the drafts of Q-Found submitted to him for approval to see whether the actual information contained is correct and complete.
§ 6 Copyrights
The copyrights to the works created by Q-Found within the scope of the mandate shall remain with Q-Found unless otherwise agreed in individual cases. The client is only permitted to use these works or pass them on to third parties in the intended form and to the required extent.
§ 7 Communication
(1) The execution of the contract and all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.
(2) The client is aware that only limited confidentiality is guaranteed for unencrypted e-mails. If the client has the technical prerequisites for the use of signature procedures and encryption procedures and wishes to use them, he informs Q-Found accordingly.
(3) The client also agrees that Q-Found may communicate with third parties by e-mail within the framework of the processing of the mandate (eg. Participating Notaries or Chambers of Industry and Commerce).
§ 8 Notice
Unless otherwise agreed, the client is entitled to terminate the mandate agreement at any time. Q-Found, for its part, has the right to terminate the mandate, whereby the mandate may not be terminated at an inopportune time. This restriction does not apply if the relationship of trust is permanently disturbed. The right to extraordinary termination for good cause remains unaffected.
§ 9 Revocation
Our online offer is aimed exclusively at entrepreneurs. However, we voluntarily grant our clients a right of revocation of 14 days. If, at the time of revocation, our service has already been provided in full or in part, the amount to be returned shall be reduced by the part of the remuneration corresponding to the proportion of the service already performed.
§ 10 Liability
(1) For all services provided by Q-Found there is a statutory liability for defects.
(2) Lawyers are obliged by the Federal Lawyers’ Act to maintain professional liability insurance with a minimum insurance sum of 250,000 euros. The details can be found in § 51 BRAO.
– Juri Schleicher: ERGO Insurance, Victoriaplatz 2, 40477 Düsseldorf, Germany
(3) The geographical area of application is the entire territory of the Federal Republic of Germany and the EU.
(4) The partners have taken out liability insurance which covers 750,000.00 Euro (RA Schleicher) per insured event.
(5) Q-Found shall be liable to the client, regardless of the legal basis, for damages caused intentionally or by gross negligence.
(6) The liability according to the product liability law remains unaffected.
§ 11 Contract language
The contract language is German or English.
§ 12 Data protection
Q-Found will take all reasonable and reasonable precautions to protect the client’s data from loss and unauthorized access by third parties. For details on data protection, please refer to our data protection declaration.
§ 13 Extrajudicial dispute resolution
(1) The European Commission provides a platform for online dispute resolution (OS) (https://ec.europa.eu/consumers/odr). A conciliation procedure shall be referred to a national conciliation body. There is an arbitration board of the legal profession (§ 191 f BRAO) at the Federal Chamber of Lawyers, http://www.schlichtungsstelle-der-rechtsanwaltschaft.de, Rauchstraße 26, 10787 Berlin and e-mail: firstname.lastname@example.org. It is a consumer arbitration body under the Consumer Dispute Resolution Act. There is no obligation to participate in a dispute settlement procedure. We are neither obliged nor willing to participate in such arbitration proceedings.
(2) In the event of disputes between lawyers and their clients, it is also possible, upon request, for the lawyer to participate in an out-of-court settlement of disputes, which is legally binding for the lawyer, at the Rechtsanwaltskammer Berlin Körperschaft des öffentlichen Rechts, Littenstraße 9, 10179 Berlin (https://www.rak-berlin.de; in accordance with § 73 Para. 2 No. 3 in conjunction with § 73 Para. 5 BRAO).
§ 14 Final provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal venue is Berlin.
(2) Should any of the above provisions be or become invalid, this shall not affect the validity of the mandate as such. The validity of the remaining agreements remains unaffected.
(3) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the client and Q-Found is the registered office of Q-Found. Q-Found is also entitled to sue the client at any business or administrative location.