General Terms and Conditions
§ 1 Scope and subject matter of the contract
Subject of the contract are analyses, consultations and other services on the basis of experience of the teachings of Feng Shui and/or geomancy. The subject of the contract can also be consulting and other services in connection with organizational consulting.
The services include recommendations and suggestions for improvement for a positive room and building design as well as recommendations and suggestions for improvement for an efficient process organization, they do not see themselves as a healing method or therapy form. It is at the discretion of the client to make use of the advice. A promise of success is not connected with it. This also applies to recommendations for the use of certain Feng Shui articles.
The contractor undertakes to provide advice to the best of his knowledge and belief and in accordance with the rules of traditional Feng Shui/geomancy.
These terms and conditions apply exclusively.
§ 2 Data protection and duty of confidentiality
The client undertakes to provide all necessary information and documents required for the contractor’s activities. The client expressly agrees that the contractor may store and process personal data obtained in the course of its business activities.
Both parties are obliged to maintain secrecy beyond the duration of the contractual relationship about any internal information that has become known to them in the course of the consultation.
§ 3 Copyright and retention of title
All services of the contractor (e.g. drawings, expert opinions, etc.) as well as individual parts thereof are protected by copyright. By paying the fee, the client acquires only the right of use for personal use. The client is not permitted to duplicate or distribute the work.
The services shall remain the property of the contractor until full payment has been made.
§ 4 Payment modalities, default, reimbursement of expenses
Subject to a special agreement, all payments are due within 7 days of receipt of the invoice. The due date shall also apply if the client does not implement or finally rejects the recommendations and/or services pursuant to § 1 of these General Terms and Conditions.
After expiry of the aforementioned period, the client shall be in default of payment without the need for a reminder. If the client cancels the contract/order, it must reimburse the consulting hours and services already performed up to that point as well as other expenses, but at least 10% of the agreed total fee (fee incl. VAT).
The client is, however, permitted to prove that less or no damage or corresponding expenses have been incurred.
§ 5 Liability
The Feng Shui articles recommended by the contractor are merely samples which serve as instructions or suggestions. The selection, application as well as any use by the client takes place exclusively in the sole responsibility of the client. The assertion of any guarantee and compensation claims of the contractor, which arise due to the selection, application or use of such products by the client, are excluded against the contractor. This also applies in particular to the assertion of claims for consequential damages or loss of profit.
The contractor’s liability for contractual breaches of duty and tort shall be limited to intent and gross negligence. This shall not apply to injury to life, limb and health of the client, claims for breach of cardinal obligations and damage caused by delay. In this respect, liability shall be assumed for every degree of fault. Liability in the event of negligent default is limited to 5% of the agreed remuneration.
§ 6 Time of performance
If no fixed date has been agreed, the service is provided 4 weeks after the first inspection of the residential property/business property/land. In the case of a new construction planning or an organisational consultation, services are provided according to individual agreement.
Insofar as the client’s obligation to cooperate is necessary, the period does not begin until the client has fulfilled this obligation.
§ 7 Choice of law and place of jurisdiction
The law of the Federal Republic of Germany shall apply.
If the client has no general place of jurisdiction in Germany or in an EU member state or if he is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the contractor’s place of business.