Terms and Conditions (Online Advice)
§ 1 Scope and Preamble
- Subsequent General Terms and Conditions (“Terms”) apply to all agreements entered into by clients with the
Law Office KARST
Dr. Bjoern Karst
Tel.: +49 (0)6122 9291199
in order to receive advice, rendered online, regarding legal and tax matters (“Agreement”). These Terms shall also govern future legal ties.
- Only cases providing a clear state of facts and evidence, regarding which you have one or more specific questions, are suitable for such advice. Please note that cases bound to a deadline by the court or other authorities, cases with extensive bundles of enclosures or those issues which require increased needs for communication are generally not suitable for this form of counseling.
- Also, please consider that rendering legal services to both opposing parties is commonly not possible. Therefore, please provide respective identification data, such as names or trade register excerpts, concerning (potential) legal adversaries.
- As to online consultation, legal advice is based on the information transmitted by you digitally. Thusly, completeness and accuracy of your information provided is closely linked to the subsequent usefulness of the office’s reply. In principle, the parties, their legal relations, course of events and time are necessary information and should be included.
- For any information required by § 2 Dienstleistungs-Informationsplichten-Verordnung please refer to the following Terms and the Office’s website at www.karst.legal.
§ 2 Conclusion of the agreement and consultation process
- The Agreement is concluded based on the following principles: By submitting your request by using the form on the Office’s website, www.karst.legal, you request the Office to submit a quote, estimating legal fees to answer your question.
- After assessing your information and telephonically checking your identity, you will promptly receive an answer via Email. This email will contain information whether the facts provided for processing online are sufficient and qualify for such form of advice. In case your request does not qualify for online advice, you will receive a response, free of charge, containing options for potential further proceedings. Otherwise, an offer to answer your inquiry will be submitted. If you intend to accept this offer, please make use of the respective contact details provided in this email. There will be no additional charges regarding usage of communication technology as regards for the conclusion of the Agreement.
- After conclusion of the Agreement, your answer will be prepared as soon as possible, generally within 48 hours. If such procedure cannot be followed, you will be informed accordingly. Once the drafting process is completed, you will receive a legal opinion, electronically, answering your inquiry. Attached to this mail you will find a fee note, displaying the fee agreed upon and corresponding bank details.
§ 3 contractual obligations
- With the conclusion of the Agreement the Office is obliged to provide the respective consulting service.
- The obligation to lawyers' confidentially is derived from the attorney-client relationship as an accessory obligation. This bond of trust is legally protected by professional (§§ 2 BORA, 43a para. 2 BRAO) and criminal provisions (§§ 203 et seq. of the Criminal Code). Confidentiality obligations will generally continue after the mandate is completed or terminated. Information will only be provided to third parties based on your approval or the Office’s obligation resulting from respective statutory provisions. The office’s privacy statement in its current form applies.
- The Agreement obliges you, as the client, to remunerate the fee as agreed upon. In accordance with Art. 246 Abs. 1 No. 3 EGBGB, § 49b para. 5 BRAO, please be informed that lawyer's fees are generally calculated based on the value of property, i.e. based on the underlying value of the jurisdictional amount. Excluded from these principles are criminal and misdemeanor proceedings, whereas online advice is regularly charged based on an initial consultation fee, set forth in § 34 Abs. 1 RVG, amounting to a maximum of 250 EURO for preparing a written legal opinion for consumers, whereat electronic documents are included. Charges applying to your personal case can be found in the Office’s initial quote, including VAT. The amount paid for initial consultation will be credited against professional fees potentially agreed upon at a later point in time. If applicable, please keep in mind that you generally have to regulate incurred fees with your legal costs insurance independently. If the Office shall request assumption of costs with your respective insurance, please provide appropriate contact details. In cases where legal fees are to be liquidated in accordance with the Legal Advice Aid Act (Beratungshilfegesetz), online advice cannot be rendered. If legal opinions are to be transferred by mail, respective postal rates will be charged. In the event, considerable research and, therefore, processing time is required preparing the legal opinion, exceeding editing time as described in § 2 para 3 of these Terms, a reasonable advance might be asked in accordance with § 9 RVG. In this case, you will be notified accordingly.
- Payment is expected to be made into one of the Office’s bank accounts as specified in the fee note. In case of default, the amount owed is subject to interest in accordance with statutory provisions and actually incurred dunning costs.
§ 4 Revocation
- Please take note of the subsequent revocation policy based on §§ 312g, 355 BGB, Art. 246, 246a, 246b EGBGB:
You have the right to revoke the Agreement regarding online advice within fourteen days without providing respective reasons. This fourteen-day period starts the day the contract was concluded or after receiving the complete revocation policy on a lasting medium. An email, containing a respective attachment, suffices. The power of revocation has to be exercised in writing, by facsimile or electronically via e-mail, transmitting an unambiguous declaration. Punctual dispatch of the revocation notice suffices to comply with the time limit.
If you revoke the Agreement, you are no longer legally bound to this contract. The Office has to refund all payments that have been made within 14 days from the date the revocation notice was received without delay. Your payments will be refunded in the same manner, your funds were transferred in the first place. Fees will not be charged.
- In order to provide timely consulting services, please note that by confirming these Terms, the Office will commence working on your inquiry before the cancellation period, described in § 4 para. 1 of these Terms, lapses. Doing so invalidates your power of revocation pursuant to § 355 para. 4 sentence 1, para. 5 BGB, if the consulting service has been completed before the fourteen-day period ends. By accepting these Terms, you acknowledge that your revocation rights will cease to exist given the conditions stated above. In accordance with § 357 para. 8 BGB, you are also required to pay an adequate amount of the fee originally agreed upon, if the Agreement is revoked after you confirm through accepting these Terms that the Office should commence preparing your legal advice before the fourteen-day period lapses and the service has not yet fully been completed. In this case, the fee will be calculated according to the proportion of service already provided/prepared in comparison to the fee originally agreed upon up to the time of revocation.
- If you intend to revoke the Agreement, please find a standardized form below. Making use of this form is, however, not mandatory. The notice period will be deemed observed if you send your revocation notice within said time period and in accordance with the principles described in § 4 para. 1 of these Terms.
REVOCATION NOTICE (Standard Form)
Law Office KARST
Dr. Bjoern Karst
Phone: +49 6122 9291199
Fax: +49 6122 9298458
I/We, [...], hereby revoke our Agreement concluded on [...] regarding the provision of the following service(s) [...]
Service requested on [...]
Name of the client(s)
Address of the client(s)
Signature (only paper based)
§ 5 Liability
- Your legal advice is prepared with the greatest possible care and diligence. In case of erroneous information provided to you by the Office, general liability laws and principles apply. In the event of incomplete or erroneous facts provided by the client, liability will only be assumed in cases of intent and gross negligence.
- In case of complaints, please contact the Office using the contact details displayed in § 1 para. 1 of these Terms. The Bar Association Frankfurt on the Main (www.rechtsanwaltskammer-ffm.de) manages a complaints procedure regarding violation of professional regulations. This procedure does not include decisions on criminal offences, civil or indemnity claims.
§ 6 Final Provisions
- The laws of the Federal Republic of Germany apply. Place of jurisdiction is Hofheim. This does not apply with consumers (§ 13 BGB).
- Should any provision of these Terms be partially or totally void or ineffective for the intended purpose, the validity of the remaining provisions shall not be affected. Instead of the provision voided or ineffective, a similar provision shall be put in place which the parties would have agreed upon if they had been aware of the erroneous nature of the actual provision and, if this cannot be determined, a provision shall be assumed which comes closest to the intent of the void or ineffective one.
- These Terms will be provided in German and English. Communication with the Office will also be conducted using these languages.
- The European Commission provides a platform for out-of-court online dispute resolution (the so-called "OS platform") at www.ec.europa.eu/consumers/odr. The operator is neither obliged nor willing to participate in the dispute resolution procedure.
- The law firm does not participate in an alternative dispute resolution before a consumer arbitration board. Regardless, mandates are to be informed about the responsible consumer arbitration board. This is the arbitration board for lawyers Neue Grünstr. 17, 10179 Berlin (http://www.schlichtungsstelle-der-rechtsanwaltschaft.de/).