General Terms and Conditions of Käsehage & Lauterhahn CRM-Beratung GmbH
§1 Scope of application
Our General Terms and Conditions (GTC) apply to all business transactions with our customers, hereinafter referred to as "Customers". The GTC are automatically accepted by the customer by placing an order. They are valid for the duration of the business relationship.
§2 Order placement and performance
2.1 The basis of the business relationship is the respective consulting contract or the written order issued by the Client, in which the scope of services and the remuneration are specified.
2.2 The client may place orders with us in the following ways
We also accept informal orders. Upon receipt of the order, the client will receive an order confirmation by mail or e-mail. With this order confirmation the order is accepted and the consulting contract is concluded. This order confirmation is decisive for the delivery date.
2.3 In the event of special requirements, we will call in external consultants. In such cases, the business relationship between us and the client shall continue unless otherwise agreed.
2.4 Updates and changes to offers and orders require the consent and written determination of both parties. These become part of the contractual relationship between us and the client as a supplementary agreement.
The prices stated for our services do not include the statutory value added tax of currently 19%.
§4 Payment and due date
4.1 Our claim for payment of the price shall arise for each individual service as soon as it has been provided by us, unless otherwise agreed. All services provided by us that are not expressly included in the price are incidental or additional services that are paid for separately.
4.2 The price is due for payment as soon as the client receives the invoice.
4.3 The client will be in default without a reminder from us if he does not pay within 10 days after the due date and receipt of the invoice. In this case, we shall be entitled to charge interest on arrears at the statutory rate.
4.4 The customer is only entitled to set-off and retention with claims of the same kind if they have been legally established and are undisputed. In the case of different claims, the right of retention is limited to claims arising from the same contractual relationship.
§5 Delivery Periods and Dates
5.1 Delivery periods can only be approximate times or expected dates, which are given to the best of our knowledge and belief.
5.2 Failure to meet a deadline shall only entitle the customer to assert the rights to which it is entitled by law if it has granted us a reasonable period of grace.
§6 Customer's duty to cooperate
6.1 The client shall provide us with all documents, information, materials and technical and spatial resources necessary for the execution of the order. If the cooperation of the client is necessary for the performance of a service, the client shall ensure that the necessary personnel resources are available.
6.2 If the stated delivery periods and deadlines are endangered due to insufficient cooperation on the part of the Client, this shall be at the Client's expense. In this case, new delivery dates and deadlines shall be agreed upon jointly.
§7 Confidentiality and data protection
7.1 We are obligated to maintain secrecy about all operational, business and private matters of which we become aware in the course of our consulting activities. This confidentiality obligation applies to the same extent to our vicarious agents. The obligation to maintain secrecy shall also apply after termination of the contract and can only be lifted by the client in writing. In addition, we are obligated to carefully store the documents provided for the purpose of the consulting activity and to protect them from inspection by third parties.
7.3 If you contact us using a form on the website or by e-mail, the data you provide will be stored by us for six months for the purpose of processing your enquiry and in the event of any follow-up questions. We will not share this information without your consent.
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We have concluded a contract with the provider for the processing of data on our behalf.
The data processing is based on the legal regulations of § 96 Abs. 3 TKG as well as Art. 6 Abs. 1 lit. a (consent) and/or f (legitimate interest) DSGVO.
Our concern in terms of the DSGVO (legitimate interest) is the improvement of our offer and our web presence. Since the privacy of our users is important to us, the user data is pseudonymized.
7.6 In general, you have the right to access, correct, delete, restrict, transfer, revoke and object to your personal data. If you believe that the processing of your data violates data protection law or that your data protection rights have otherwise been violated in any way, you may complain to the supervisory authority. In Austria, this is the data protection authority.
7.7 Information on the collection of personal data in the context of the consulting assignment
As a consulting firm, we are contracted by companies to provide qualified consulting services. We take data protection very seriously. In the course of providing consulting services, we collect personal data such as first name, last name, e-mail address, office address, telephone number (landline and/or mobile) as well as information necessary for the execution of the mandate (including correspondence and invoicing) from the employees who place the order and from the employees involved in the project.
In accordance with Art. 6 par. 1 p. 1 b DSGVO, the data processing is necessary for the aforementioned purposes, for the proper execution of the mandate and for the mutual fulfillment of the obligations arising from the consulting contract.
Client master data will be stored for 10 years, other personal data relevant to tax and commercial law will be stored for six to a maximum of 10 years, depending on the constellation and type of document. The data will then be deleted, unless you have consented to further storage in accordance with Art. 6 (1) sentence 1 a DSGVO.
As far as this is necessary for the performance of the consulting service according to Art. 6 para. 1 sentence 1 letter b DSGVO, personal data will be passed on to third parties. Data will not be transferred outside the European Union.
You may at any time request us to correct, delete, restrict or object to the processing of your personal data (although the processing of the data up to that point remains lawful). You also have the right to request information about the data held about you and the right to data portability. There is a right of appeal to the data protection authority The State Commissioner for Data Protection of Lower Saxony, Postfach 2 21, 30002 Hannover.
There will be no automated decision making or profiling.
8.1 The Consultants shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. In the event of slight negligence, the Consulting Firm shall be liable only in accordance with the provisions of the Product Liability Act, in the event of injury to life, body or health, or in the event of a breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is based on injury to life, body or health. The Consultants shall be liable to the same extent for the fault of vicarious agents and representatives.
8.2 The provision of the preceding paragraph (8.1) shall extend to damages in addition to performance, damages in lieu of performance and claims for reimbursement of futile expenses, regardless of the legal grounds, including liability for defects, delay or impossibility.
§9 Notice of defects
9.1 If the client does not notify us of objectively existing, serious defects within 10 days after completion of the order, the order shall be deemed to have been finally completed.
9.2 If the client complains about a service in its entirety, this complaint must be confirmed by a reputable counter-assessment by a third party.
9.3 If a complaint is made, we must be given the opportunity to remedy the defect. If it can be proven that the rectification is unsuccessful, the customer has the right to a reduction in price or cancellation of the contract. In any case, our liability is limited to the amount of the order in question. We shall not be liable for any infringement of copyright or claims of third parties.
9.4 If the delivery period is exceeded unreasonably - in this case the individually agreed delivery period shall apply as a guideline - and we have not been able to comply with a reasonable grace period set by the customer in writing, the customer shall be entitled to withdraw from the contract.
If the Consulting Agreement is concluded for an indefinite period of time, it may be terminated by either party with a notice period of 3 months to the end of the month, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist in particular if the customer fails to comply with his obligation to cooperate within the period set for him, despite two written reminders. In any case, the termination must be in writing.
§11 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the will and interest of both parties within the scope of what is legally permissible.
§12 Applicable law
The legal relationship between the customer and us shall be governed exclusively by German law.
§13 Individual agreements
All changes and additions to the contract must be made in writing to be valid. The contractual cancellation of this written form requirement must also be in writing.
§14 Place of Performance and Jurisdiction
14.1 The place of performance shall be the registered office of our business in Seelze.
14.2 The place of jurisdiction for all disputes arising directly or indirectly between us and the customer, supplier, employee or other persons or companies shall be the court having local jurisdiction for our registered office in Seelze.