These general terms and conditions apply to all online orders that you make on the websites www.wigedis.de or www.wirgebensdirschriftlich.de. In fulfillment of the provider identification: WIGEDIS is a registered trademark of LEXAL LAW \ CONSULTINGS – Inh A. Lotfi – Zinkhüttenweg 11 in 44143 Dortmund. Our online offers apply exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB) who have reached the age of 18. Any provisions to the contrary or deviating from these GTC shall in no way become part of the contract. These GTC are also valid, even if the access or use takes place outside the Federal Republic of Germany.
2. our offer
On our above-mentioned online presences we provide a platform for the acquisition of digitalized pleadings with our brand “WIGEDIS”. The customer can have an individual pleading in German written language created according to his own preferences and specifications. Our offer does not include legal advice or legal services, i.e. there is no legal examination of the concrete individual case in the sense of the Legal Services Act (RDG). The customer is therefore required to check the prepared pleadings with regard to their intended use, in particular to subject them to a plausibility check. Should a legal examination become necessary in a specific individual case, we recommend seeking the advice of a lawyer or another body authorized to provide legal services in accordance with the RDG.
3. conclusion of contract
a) By clicking the button “Buy now” you place a binding order at the displayed prices and delivery conditions. After receipt of the purchase offer, you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer and therefore a contract is not yet concluded by the confirmation of receipt. After receipt of the purchase offer, we check the facts communicated by the customer and the documents uploaded for this purpose. If there are no reasons for refusal (reasons for refusal can be found in section 4. of these terms and conditions), the purchase contract is concluded by sending the customer an invoice for the delivery of the ordered products by e-mail.
This invoice email represents the acceptance of the purchase offer by us. The calculation of the delivery date of the brief only begins with the receipt of the invoice email. Invoice or other payment emails from third party providers do not constitute a binding contract conclusion with us.
b) With his binding order the customer assures that contents, documents, and/or pictures, which he uploads in the order process are free of rights of third parties and do not violate laws or rights of third parties. In these cases, we also reserve the right to accept the contract.
c) Before the submission of the binding order, all entries from the question tool are summarized and displayed to the customer. Here, the customer has the opportunity to correct his communicated contents before he places the binding order.
Subsequent corrections are not possible.
4. non-conclusion of the contract
The contract does not come about under the following circumstances, among others:
a) If the facts, texts, images, files and / or voice recordings provided by the customer are not
– are not sufficiently specified for the writing of a brief
– are blurred, unclear or unusable
– are implausible in terms of content for the drafting of a pleading
– are too complex for the preparation of a brief on 300 reproduction words (1 page).
b) If the facts, texts, images, files and/or voice recordings provided by the customer consist, for example, of
– property endangering
c) The reasons for refusal and the failure of the contract will be communicated to the customer by e-mail. Transacted purchase prices will be refunded within 14 working days to the original means of payment.
5. Exclusion of the right of withdrawal
We point out to the customer that he is NOT entitled to the right of revocation when purchasing a brief tailored to his specifications in accordance with § 312 g para. 2 No. 1 BGB. This is due to the fact that our services are produced in such an individualized manner according to the customer’s specifications that they are economically worthless when taken back and cannot be used elsewhere.
For the deletion we ask you to send us an e-mail to firstname.lastname@example.org. We will delete your DAk immediately.
We prepare pleadings for German legal transactions according to customer specifications, which do not contain any special or complex issues. The pleadings are written exclusively in German administrative language and are suitable for German legal relations. The content of the pleadings is based exclusively on the facts communicated by the customer during the order process. Furthermore, we point out that we do not subject the customer’s communicated facts to any legal examination. We also point out that we only formulate what the customer asks us to do in his will and create a continuous text from it without the customer having any right of co-determination and insert this continuous text into a letterhead tailored to the customer. Each prepared brief is always subjected to a German-compliant legal spelling and grammar check before it is handed over to the client. The actual use of these briefs is the sole responsibility of the client. Each brief is limited to a maximum of 300 words of pure text, totaling one page. If a matter is so complex that 300 words are not sufficient for writing the body text, we alone shall decide whether or not to enter into a contract for the preparation of a brief. In case of refusal to conclude the contract, the customer will be informed immediately by e-mail. The purchase price paid will be refunded to the customer within 14 working days after rejection. For further information on the non-conclusion of the contract, see section 4. of these terms and conditions.
8. products and shipping service
We offer our typesetting products at different service variations, which the customer can select according to his own needs in the ordering process:
a) Fax service
Our fax service includes the faxing of the ordered pleading to the recipient fax number provided by the customer.
This process is carried out simultaneously with the provision of the pleading in the digital file. The fax is sent using the fax data provided by WIGEDIS. Our fax is set for sending only. We do not receive faxes. If the customer uses the fax service, he will be asked to enter his own signature in a white box during the ordering process. This process enables the creation of a digital signature so that the document can be provided with the customer’s signature, which is required for German legal transactions. Without this digital signature, the fax service will not be executed. The digital signature is valid only for the one ordered brief and will be deleted immediately after the fax order is completed. It is therefore not possible to save the digital signature for future purchases. Likewise, the fax service will not be executed if the fax number provided by the customer does not allow the recipient to be reached. Please make sure to provide us with a current and correct fax number of the recipient. In case of reachability (“OK” transmission on fax transmission report), the fax transmission report will be provided to the customer in his digital file folder. If initial reachability of the recipient fax is not possible, a total of 3 additional fax transmission attempts will be made. If the recipient fax still cannot be reached after 4 transmission attempts – for whatever reason – the fax order will not be executed. The customer will be informed about this by e-mail. The unsuccessful fax transmission report (no “OK” transmission on the fax transmission report) will be made available to the customer in his digital file folder. A refund of the service surcharge will not be made in this case.
Failure to send a fax or to send a fax in a timely manner could result in adverse consequences for the customer arising from and in connection with the facts of the case, for example, in the case of matters that are subject to a deadline or are urgent, or in the case of required proofs of access. We therefore strongly advise the customer not to use the fax service in the case of matters subject to deadlines or urgent matters or in the case of required proofs of access. We shall not be liable under any circumstances for any claims of the customer that arise as a result of faxes not being sent or not being sent on time. For compliance with deadlines or other evidence of delivery from and in connection with the facts of the customer, is solely the responsibility of the customer.
b) Postal Service
If the customer makes use of the postal service, the completed pleading will be sent by post within 3 – 5 working days in duplicate including a standard stamped envelope (with simultaneous provision of the pleading in the customer’s digital file folder).
At the postal service, the client receives the following:
– 2 copies of the completed pleading (standard DIN A4 paper)
– 1 envelope (DIN long – dimensions 11.00 x 22.00 cm – weight 75 mg /2 )
– 1 stamp (standard national letter up to 20 g)
We always send our postal service products by tracking number, so that we can always track where our mail is. If our shipment is not delivered for reasons for which the customer is responsible, there will be no refund of the service price. Accordingly, the customer should ensure unimpeded mail delivery. If the reasons for non-delivery lie with the postal company or with us, we will refund the service price paid, but not the purchase price, to the customer within 14 working days. If the customer wishes to have the goods sent again, only the service price will have to be paid. In the second sending we ask for a short corresponding message by e-mail. We will then send you a new payment voucher for the payment of the service amount. After successful posting of the service amount on our account, we will inform you immediately and at the same time post the pleading at the German Post
Failure to use the postal service in a timely manner or to deliver the postal service, for example, in the case of matters subject to deadlines or urgent matters or in the case of required proofs of access, could result in adverse consequences for the customer arising from and in connection with the facts of the case. We therefore strongly advise the customer not to use the postal service in the case of matters subject to deadlines or urgent matters or in the case of required proofs of access. Under no circumstances shall we be liable for any claims of the customer arising from failure to use the postal service or failure to use it on time. For compliance with deadlines or other evidence of delivery from and in connection with the facts of the customer, is solely the responsibility of the customer.
c) 24 hour express
The ordered brief will be made available in the customer’s digital file folder within 24 hours after the purchase has been made. If the express fax service is also selected, the document will be faxed to the recipient at the same time as it is made available. (For further information on the fax service, see 8 a).
d) Word Converter
The completed briefs are always provided to the customer in PDF format. In order to be able to edit them himself, the customer can book our Word-Converter in addition to all our services.
Afterwards, we also provide the brief in Word format in the digital file folder.
9. prices, payments and refunds
a) The prices for our products are based on the prices valid at the time of the conclusion of the contract. All prices offered are gross prices and are in Euro, including statutory value added tax and valid until revoked. We do not assume any liability for the correctness of the pricing. We make every effort to keep them free of errors at all times.
b) Payment shall be made by way of advance payment directly in the order process of the brief and shall be made via the payment services offered.
c) We are entitled to send the invoice to the customer exclusively by e-mail. The customer therefore waives the sending of a paper invoice by post. For this purpose, the customer is obliged to check his e-mail address for its current validity and to ensure that the receipt of e-mails is not prevented by technical barriers (spam filters).
10. rights of use
Under the condition of the effective conclusion of the contract, the customer is granted a simple, non-exclusive right to use the created briefs within the scope of his private activity for his own use. The customer may only use content that he retrieves or downloads from his digital file folder for his own use within the scope of his private activity. Any use beyond this, in particular the systematic transfer or commercial sale of content or briefs to third parties, is excluded.
11. Availability of the platforms
We provide our above mentioned platforms 24 hours a day. During the entire term of the contract, we will generally correct any errors by means of updates and bug fixes. As far as possible we will inform you about planned maintenance work in time. Our e-mail support at email@example.com is available to the customer for all technical and application-related questions from Monday to Friday from 9:00 am to 6:00 pm. Excluded are national holidays. Please understand that possible network failures or restrictions due to higher powers or other natural events or national disasters, pandemics, epidemics are generally not within our sphere of action and influence.
12. Offsetting and right of retention
Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for a decision or is undisputed, or involves a claim for compensation due to costs of remedying defects arising from the same contractual relationship.
13. Liability and exclusion of liability
a) We shall be liable without limitation for breaches of an obligation caused by intent or gross negligence. We shall not be liable for any other negligent breach of an obligation. Likewise, we shall only be liable in the event of initial impossibility and if it was aware of the impediment to performance or if this was due to grossly negligent ignorance.
b) The preceding limitations of liability shall not apply in the event of fraudulent concealment of defects or in the event of an assumption of a guarantee or a procurement risk. The statutory liability for culpable injury to life, body or health of the customer remains unaffected; this also applies to any mandatory liability under the Product Liability Act. In the event of breaches of cardinal obligations, i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, our liability shall be limited to foreseeable damage typical for the contract.
c) Any further liability other than that mentioned above shall be excluded, irrespective of the legal nature of the asserted claim. The limitation shall also apply insofar as the customer demands compensation for useless expenses instead of a claim for damages in lieu of performance.
d) Insofar as our liability has been excluded or limited, this shall also apply to the personal liability of our workers, employees, representatives and vicarious agents.
e) With the exception of claims arising from unlawful acts, the customer’s claims for damages shall become time-barred one year after the statutory commencement of the limitation period.
f) We shall not be liable for damages arising from and in connection with its services that occur due to higher powers, other natural events or national disasters, pandemics, epidemics and states of emergency.
14. Warranty for defects
With regard to the warranty for defects, the statutory provisions shall apply.
15. data protection
With regard to data protection, the current data protection regulations apply in each case, which can be accessed at any time at www.wigedis.de or www.wirgebensdirschriftlich.de.
16. alternative dispute resolution (online dispute resolution and consumer arbitration board)
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr/. We will endeavor to resolve any disagreements arising from our contract amicably. However, we are neither obliged nor willing to participate in an alternative dispute resolution procedure.
17. severability clause
Should individual provisions in 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 valid provision that further fulfills the economic purpose pursued with it.