General Terms and Conditions (GTC)
§ 1 Applicability, definitions of terms
(1) Steltzer Partnerschaft von Rechtsanwälten und Mediatoren (Partnership of Attorneys + Mediators), Kurfürstendamm 167/168, 10707 Berlin, Germany (hereinafter referred to as “we” or “us”) operates an online store for legal services under the website https://steltzer-scheidung.de. The following General Terms and Conditions shall 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, at least in text form.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity, a partnership with legal capacity being a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our online store at https://steltzer-scheidung.de. The offer is directed at consumers.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract. A contract is only concluded upon acceptance by us under the following conditions.
(3) Upon receipt of an order in our online store, the following regulations shall apply: The client submits – unless he merely obtains an offer via the function provided for this purpose in the store or merely makes an advance payment for a mandate concluded with us outside the store system via the store system – a binding offer of contract by successfully going through the order procedure provided for in our online store. The order is made in the following steps:
1. selection of the product,
2. adding the products by clicking the appropriate button “Add to cart”,
3. check the shopping cart and click the appropriate button “Proceed to checkout”,
4. input/verification of address and contact data, selection of payment method, confirmation of GTC and cancellation policy, declaration of consent to receive unencrypted e-mails.
5. completion of the order by pressing the button “Buy now”. This constitutes your binding order.
Immediately after receipt of your order you will receive an order confirmation. This is simply a message from us to you that we have received your order. The order receipt confirmation is not an acceptance of your order.
The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address. The sending of an advance invoice or any other message conclusively expressing the acceptance of the order is equivalent to this. However, in deviation from the above, the contract is already concluded with your order if you place it after being requested to do so by us and hereby accept an offer made by us.
(4) In case of conclusion of the contract, the contract shall be concluded with Steltzer Partnerschaft von Rechtsanwälten und Mediatoren, Pariser Str. 3, 10709 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 GTC and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the text of the contract after the conclusion of the contract via our online store.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They 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) We execute 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’ Code of Conduct (FAO), the Law on the Remuneration of Lawyers (RVG), the Code of Conduct for Lawyers in the European Community (CCBE Code of Conduct), the Law on the Activities of European Lawyers (EuRAG), the Regulation on Lawyers’ Directories and the Special Electronic Lawyers’ Mailboxes. All texts are available on the website of the Federal Bar Association http://www.brak.de, here.
(8) We are bound to secrecy – even beyond the time of termination of the mandate. This obligation relates to all information which is entrusted or otherwise becomes known by the client within the scope of the mandate, but not to obvious facts and those which, according to their significance, do not require secrecy.
(9) If, in the course of processing the mandate, it becomes necessary to inform third parties who are not themselves subject to confidentiality by virtue of professional law or official position, the Rechtsanwalt shall work towards a confidentiality 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 store, the subject of the contract is: the described product of legal services by us.
(2) The essential features of the legal services offered can be found in the product description. Insofar as products for legal services are ordered via the store, the content of which has been agreed with you outside the store system, it is the individually agreed subject matter of the contract that is decisive.
(3) The services to be rendered by us shall extend to all areas of the law applicable in the Federal Republic of Germany, however, unless otherwise agreed, with the exception of tax law.
(4) We shall be entitled to involve selected attorneys in the processing of the mandate or to assign it to them in whole or in part. The rights and obligations of us remain unchanged by this.
§ 4 Remuneration, shipment and delivery
(1) The prices stated in the respective product descriptions are either total prices or represent an advance on the total price stated in each case or agreed separately. The prices are always incl. the statutory sales tax. Costs for the use of the means of distance communication used for the conclusion of the contract shall only be incurred in the amount that you have agreed with your provider for the mere use of the means of distance communication.
(2) If a remuneration agreement has not been concluded or is invalid, the Client shall owe remuneration in accordance with the German Lawyers’ Fees Act (RVG).
(3) The remuneration to be paid for the legal service to be rendered shall be paid in advance, unless we expressly offer our commissioning on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately. The client’s obligation to pay also exists if claims for reimbursement of costs should exist against third parties, in particular the legal expenses insurer.
(4) The offered products are provided exclusively in the form of legal services and digital documents (files) and are therefore not shipped. Shipping costs are not incurred for this reason.
(5) In principle, there are no territorial restrictions. On § 2 para. 2 of these GTC is referred to.
(6) Several clients shall be liable to us as joint and several debtors.
(7) If public offices (e.g. commercial register, notary or similar) are involved in the provision of legal services, you will receive a separate invoice from them.
Legally required notices in compensation agreements with attorneys:
In the event of reimbursement of costs, the opposing party, a party to the proceedings or the state treasury shall regularly not have to reimburse more than the statutory remuneration. The agreed remuneration may not be covered by a legal expenses insurance policy, or may not be covered in full.
In court proceedings, attorneys are legally obligated to charge the client at least the fees provided for by the German Lawyers’ Fees Act (RVG), Section 4 RVG, Section 49b BRAO.
§ 5 Other obligations of the client
(1) The Client shall inform us comprehensively and truthfully about all facts related to the mandate and provide us with all documents and data related to the mandate in an orderly manner.
(2) The Client shall inform us immediately of any changes to its contact details, in particular its address, telephone and fax numbers and e-mail address. Furthermore, the client shall inform us about long-term absences from the place or other circumstances that justify his temporary inaccessibility.
(3) The Client shall promptly check the drafts submitted to it for approval by us to determine whether the actual information contained therein is correct and complete.
§ 6 Copyrights
The copyrights to the works created by us within the scope of the mandate shall, in principle, remain with us, unless otherwise agreed in individual cases. The client is only permitted to use these works or to pass them on to third parties in the intended form and to the extent required.
§ 7 Communication
(1) The processing of the contract and all information required in connection with the conclusion of the contract shall be carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(2) The Client is aware that only limited confidentiality is guaranteed for unencrypted e-mails. Insofar as the client has the technical prerequisites for the use of signature procedures and encryption procedures and wishes to use them, he shall inform us accordingly.
(3) The client also agrees that we may communicate with third parties (e.g. opponents, authorities or notaries involved, etc.) by e-mail in the course of processing the mandate.
§ 8 Termination
Subject to any agreement to the contrary, the Client shall be entitled to terminate the mandate agreement at any time. For our part, we have the right to terminate the mandate, whereby termination of the mandate may not take place untimely. This restriction does not apply if the relationship of trust is permanently disturbed. The right to extraordinary termination for good cause shall remain unaffected.
§ 9 Revocation
As a consumer, you are entitled to a statutory right of withdrawal. You can find more details in our cancellation policy.
§ 10 Liability
(1) There is a statutory right of liability for defects for all services provided by us.
(2) Lawyers are required by the Federal Lawyers’ Act to maintain professional liability insurance with a minimum insurance sum of 250,000 euros. The details result from § 51 BRAO.
(3) The partners of us are the attorneys Daniel Steltzer and Anette Steltzer (hereinafter referred to as “Partners”) and are insured with HDI Versicherung AG, HDI-Platz 1, 30659 Hannover, Germany, under insurance policy number V-072-439-659-9 against liability for pecuniary loss resulting from the practice of their profession.
(4) The geographical scope of the existing pecuniary loss liability insurance is the entire territory of the Federal Republic of Germany and the EU.
(5) The Partners have taken out liability insurance covering € 2,000,000.00 per insured event (annual maximum € 6,000,000).
(6) We shall be liable to the client, irrespective of the legal grounds, for damages caused intentionally or by gross negligence. In addition to us, only the partner who was involved in the processing of the mandate is personally liable. Subordinate contributions from other partners are not taken into account. Our liability in cases of simple negligence is limited to four times the amount of the minimum insurance sum. Liability is therefore currently limited to an amount of € 2,000,000.00 per insured event.
(7) Liability under the Product Liability Act shall remain unaffected.
§ 11 Contract language
Contract language is German.
§ 12 Data protection
§13 Out-of-court dispute resolution
(1) The European Commission provides a platform for online dispute resolution (OS) (https://ec.europa.eu/consumers/odr). Through this, a conciliation procedure is forwarded to a national conciliation body. There is a conciliation board of the legal profession (§ 191 f BRAO) at the Federal Bar Association, http://www.schlichtungsstelle-der-rechtsanwaltschaft.de, Rauchstraße 26, 10787 Berlin and e-mail: firstname.lastname@example.org. This is a consumer arbitration board according to the Consumer Dispute Settlement Act. There is no obligation to participate in a dispute resolution procedure. We are neither obligated nor willing to participate in such arbitration proceedings.
(2) In the event of disputes between lawyers and their clients, however, there is also the possibility, upon request, of participation in an out-of-court settlement of disputes at the Berlin Bar Association (Rechtsanwaltskammer Berlin Körperschaft des öffentlichen Rechts), Littenstraße 9, 10179 Berlin (https://www.rak-berlin.de; pursuant to Section 73 (2) No. 3 in conjunction with Section 73 (5) BRAO), which is legally obligatory for the lawyer.
§ 14 Final provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
(2) If any of the above provisions are 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 us shall be Berlin.