The following English translation is supposed to help understanding the German master document. In any case of doubt, the effective German version is the only valid source of information.
General Terms and Conditions of LCI Consulting GmbH
Part 1
Scope and Applicable Law
1. Scope
(1) These General Terms and Conditions apply to all legal transactions with entrepreneurs, hereinafter referred to as “Clients,” with
LCI Consulting GmbH
Represented by Caroline Läufer (Owner and Managing Director)
Schwarzwaldstraße 61
79539 Lörrach
www.consulting-lci.com
hereinafter referred to as “we.” Legal transactions can be made in person, by post, via messenger, by email, in an initial conversation, or through the website.
(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are provided solely for the client’s information. The German text takes precedence in the event of any differences in language usage.
(3) These General Terms and Conditions shall apply exclusively. Contradictory or differing conditions used by clients will not be recognized by us unless we have expressly agreed to their validity in writing or text form.
(4) In individual cases, we may also use a supplementary agreement in addition to these General Terms and Conditions. This will be concluded separately between us and, in case of doubt, takes precedence over these General Terms and Conditions.
2. Applicable Law and Consumer Protection Regulations
(1) The law of the Federal Republic of Germany shall apply, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods, if:
a) The client orders as an entrepreneur,
b) The client’s habitual residence is in Germany, or
c) The client’s habitual residence is in a country that is not a member of the European Union.
(2) A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the course of their independent professional or commercial activity when concluding a legal transaction.
(3) For entrepreneurial clients from Switzerland, German law is agreed upon.
(4) The version of these General Terms and Conditions that is valid at the time of booking/order applies.
(5) The prices valid at the time of booking/order apply.
Part 2
Conclusion of the Contract, Payment Terms, Contract Duration, and Right of Withdrawal
3. Subject of the Contract
(1) The subject of the contract may include the following services (the list is not exhaustive):
- Process consulting, including analysis, goal setting, implementation, and evaluation
- Mentoring
- Training
- Executive development
(2) All offers on the internet are non-binding and do not constitute a legally binding offer for the conclusion of a contract.
4. Prices, Payment Terms, and Due Dates
(1) Our prices are net prices.
(2) An invoice is generally sent by email in the form of a PDF document (e-invoice). The invoice amount is due upon receipt of the invoice and must be paid within the stated payment period.
(3) If a SEPA direct debit mandate is canceled without legal grounds, the costs incurred (bank charges for chargebacks, legal consultation) are to be paid by the client. Such a procedure may also have criminal consequences.
(4) In the event of payment delay or other delay, we are entitled to refuse performance or delivery until all outstanding payments are made. We are also entitled to withhold, interrupt, delay, or completely stop services without being liable for any resulting damage. These rights apply without prejudice to other contractual or statutory rights and claims.
5. Conclusion of the Contract
(1) The initial consultation takes place via Google Meet. It forms the basis for the service offer, which will be sent by email as a PDF file afterwards. The following information will be collected: first name, last name, company, role in the company, and email address.
Alternatively, clients may provide a Teams link.
(2) These details are collected solely for the preparation of our Google Meeting. If no contract is concluded afterward, this data will be immediately deleted as soon as the end of the contract negotiation is clearly communicated by the client.
(3) The initial conversation serves to clarify whether the need and offer match, and whether a contract should be initiated.
(4) Offer: By placing the order, you make a binding offer to conclude a contract with us.
(5) Acceptance: The contract between us and you is concluded when the mutually signed contract document is provided.
(6) Payment options include payment by bank transfer.
6. Contract Duration and Termination
(1) The respective contract duration is regulated in the contract. In general, the contract ends automatically upon fulfillment.
(2) The right of extraordinary termination remains unaffected for either party. An extraordinary termination right on our part exists, in particular, if you are more than two times in arrears with payments, if the client deliberately violates provisions of these General Terms and Conditions, and/or deliberately or negligently engages in prohibited actions or if our trust relationship is severely disturbed.
Part 3
Details on the Service Offering and Cancellation Terms
7. Duration of a Consultation Unit
(1) The duration of a consultation unit is 60/60 minutes. Each started quarter of an hour is charged.
Part 4
Rights and Obligations of the Client
8. Collection, Storage, and Processing of Your Personal Data
(1) To process and complete a booking, we require the following information:
- First and last name
- Address
- Email address
- For entrepreneurs, the company name and VAT ID number.
(2) For paid services, the name information, especially the company name, must be correct. The same applies to the address. Invoices are generated based on this information. If corrections are necessary, this may lead to additional effort, which we will charge at a reasonable rate.
(3) In the event of a change in personal details, especially a change of email address, the client is asked to notify us by email.
9. Provision of Appropriate IT Infrastructure and Software
Clients are responsible for providing and ensuring internet access (hardware, telecommunications connections, etc.) at their own cost and risk.
10. Know-How Protection and Confidentiality
(1) Clients are aware that all information received during our collaboration regarding the manner of my service provision (ideas, concepts, and operational experiences developed by me) and that is legally required or inherently confidential is subject to business secrecy. Therefore, you agree to maintain business confidentiality and keep the aforementioned information confidential.
(2) In the context of a written reference agreement, clients are authorized to speak/write about the manner of cooperation with us.
(3) The confidentiality obligation extends beyond the end of our collaboration.
(4) The following information is not subject to confidentiality:
- Information already known before the confidentiality agreement,
- Information that is the client’s property under the terms of the contract,
- Information developed independently of me,
- Information that was publicly available at the time of receipt or later became publicly accessible without fault on your part.
(5) For each violation of the confidentiality obligation, a reasonable penalty becomes due.
Part 5
Confidentiality and Liability Regulations
11. Confidentiality of Both Parties
(1) We commit to maintaining confidentiality about all confidential information of the clients during the contract term and even after its termination.
(2) Clients are obligated to maintain confidentiality about all information deemed confidential, which they become aware of during the collaboration, and only use it for third parties with prior written consent from us.
12. Liability for Content
(1) In our role as consultants, we outline action options. The responsibility for implementation and decision-making lies solely with you.
13. Liability Limitation
(1) I am liable for intent and gross negligence. I am also liable for the negligent breach of duties that are essential for the proper performance of the contract and whose breach jeopardizes the achievement of the contract’s purpose and on which you can regularly rely. In this case, however, I am only liable for foreseeable, typical contractual damages. I am not liable for minor negligence in relation to other duties.
The above exclusions of liability do not apply to injury to life, body, and health. Liability under the Product Liability Act remains unaffected.
(2) Data communication over the internet cannot be guaranteed to be error-free or always available, according to the current state of technology. I do not assume liability for the constant and uninterrupted availability of the service.
(3) All of the aforementioned liability limitations also apply to my vicarious agents.
Part 6
Final Provisions and Jurisdiction
14. Amendment of these Terms and Conditions
These General Terms and Conditions may be amended if there is a valid reason for the change. This may include changes in the law, adjustments to our services, changes in case law, or changes in economic circumstances. In case of significant changes, we will inform our clients in advance. If no use is made of the 14-day right of withdrawal after being informed, the new provisions become effective contractual components after this period.
15. Final Provisions
(1) These General Terms and Conditions are complete and final. Changes and additions to these terms should, in order to avoid confusion or disputes about the agreed contract content, be made in writing – email (text form) is sufficient.
(2) For merchants within the meaning of the German Commercial Code, public law entities, or public law special assets, the jurisdiction is the location of LCI Consulting GmbH.
(3) We would like to point out that, in addition to ordinary legal recourse, there is the possibility of an out-of-court dispute resolution according to Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the website: http://ec.europa.eu/consumers/odr
We do not participate in the dispute resolution process.
(4) If any provisions of this contract are or become ineffective, the rest of the contract will not be affected. The agreed scope of performance will be adjusted to the legally permissible extent.
Version 1
Status: 03/2025