General Terms and Conditions
These general terms and conditions of business apply to all contracts, deliveries and other services of HICHART GmbH (limited liability company), Blumenthalstrasse 51, D-13156 Berlin, (subsequently known as “HI-CHART”), with their customers. Conflicting terms and conditions of business are hereby rejected. HICHART only recognises such conflicting terms and conditions if these are specifically agreed in writing.
I. General provisions
§ 1 General
(1) HI-CHART’s offers are not primarily aimed at consumers in line with § 13 of the German Civil Code. By concluding the contract, the client confirms that he authorises or acquires the services to be rendered or the documents to be provided by HI-CHART for its commercial or freelance activity.
(2) Additional agreements are to be agreed in writing; individual agreements always have priority.
§ 2 Value added tax and payment
(1) The agreed fees or prices are to be understood, unless otherwise stated, as net plus VAT.
(2) The clients‘ obligations for payment, if not otherwise agreed, are that payment is due within 14 days of the invoice being issued. If a client defaults on his payment obligations, HI-CHART can demand compensation and/or withdrawal from the contract.
(3) HI-CHART always issues an invoice to the client. When obtaining goods via the online shop, HI-CHART may send the invoice as a PDF document by e mail.
§ 3 Liability
(1) HI-CHART is only liable for intent and gross negligence. In the case of breach of essential contractual obligations, HI-CHART is however liable according to the legal guidelines.
(2) HI-CHART is not liable toward businesses for indirect or consequential damage, specifically not for lost profit, unless these damages are due to the intent of HI-CHART’s employees or gross negligence.
§ 4 Offsetting and right of retention
The client is only entitled to offset, if the counter-claims of HI-CHART are recognised or legally determined. The client is only entitled to implement his right of retention if his counter-claim is due to the same contractual relationship.
§ 5 Data protection
(1) The client knows and consents to the personal data required for processing the order to be stored by HI-CHART on its data-carriers. The client specifically agrees to the collection, processing and use of his personal data. The personal data which is stored by HI-CHART is of course treated as confidential. The collection, processing and use of personal data is under supervision of the German Federal Data Protection Act and the German Telemedia Act.
(2) Personal information can also be used with prior consent of the client to provide information regarding products, marketing strategies and other services.
(3) The client has the right to withdraw his consent at any time with future effect. In this event, HI-CHART is obliged to delete the client’s personal data immediately. In the case of ongoing contractual relationships, data is deleted when they are terminated.
II. Special terms and conditions for business consultancy
§ 6 Authorisation, establishing of termination of contract
(1) The scope of the task, the approach, the nature of the results of the work and the remuneration are determined by a written agreement between HICHART and the client. Changes, amendment or additions to the scope of the task, to the approach and the nature of the results of the work require written agreement.
(2) The services are rendered by HI-CHART, when the analyses required, the resulting conclusions and the recommendation have been compiled and explained to the client. It is immaterial if or when the client implements the conclusions or recommendations.
§ 7 Obligations of the client
(1) The client is obliged to support the work of HI-CHART. The client must, without payment, specifically create all the conditions within its sphere of operations which are required in order to render the service. If the required appropriate conditions are withheld from HI-CHART, the client must remunerate separately the delay arising, which is documented.
(2) The client is obligated not to employ or contract any employees or agents involved with the consultation within a period of 24 months after the termination of the cooperation.
§ 8 Obligations of HI-CHART
HI-CHART is obligated to treat the information regarding trade and business secrets of the client as confidential and, at request, to let its employees or agents sign a corresponding declaration of obligation. If an employee or agent is in breach of the obligation, then HI-CHART must compensate the client by transferring to the client the claims for recourse occurring against the employee or agent.
§ 9 Protection of deliverables
The reports, plans, designs, summaries, calculations and training materials completed by HI-CHART may only be used for the contractually agreed purposes. Each use of these services which does not conform to the contract, especially regarding their publication, requires prior written consent by HICHART. This also applies if the service rendered is not subject to special legal rights, specifically to copyright.
III. Special conditions for the online shop
§ 10 Conclusion and processing of the contract
(1) At the online shop www.hi-chart.com, HI-CHART offers a variety of products for download. The client can find detailed information on the products offered in the descriptions of articles. The client can collect the products selected by him in a virtual basket and then order them. Before completing the order, the client receives an overview of the articles ordered and the VAT due and can check and amend the accuracy of the order’s content, with specific regard to price and quantity. HI-CHART confirms receipt of the order to the client by e mail.
(2) HI-CHART has produced the texts, graphics and pictures contained in the products to the best of its knowledge in accordance with the relevant laws and legal guidelines. The final check and evaluation of the content for use planned in individual cases falls to the client. This also specifically applies with regard to circumstances or legal situations which may have changed and to changes and amendments on the part of the client.
(3) A licence agreement comes into effect, when HI-CHART confirms the client’s order in text form or when HI-CHART makes available the data to the client as a download.
(4) The client may download the data after he has paid the agreed price to HI-CHART.
§ 11 Prices and despatch costs, payment
The prices quoted in the online shop are valid. On downloading there are no additional packaging and despatch costs, however additional costs may be due to the client for the transmission of data over the internet.
§ 12 Miscellaneous
Additional regulations such as rights of use, copyright etc. are established in the licence agreement which is sent to the client on receipt of the products. The licence agreement is an addition to the terms and conditions of business.
§13 Final conditions
(1) If provisions or parts of provisions of these conditions are or become invalid, the remaining conditions remain unaffected. The parties are rather obligated to replace the invalid provision with a valid provision, which fulfils the same economic purpose.
(2) The law of the Federal Republic of Germany applies. Place of jurisdiction is Berlin.
(3) This English translation is a service for our customers. In case of conflicts with the German language version, the German terms and conditions apply (https://www.hi-chart.com/agb).