General terms and conditions
Terms and Conditions
1. General / Scope of Application
These general terms and conditions apply to all, including future, legal transactions between Local Business View GmbH and the contracting party.
Conflicting, deviating, or supplementary terms of the contracting party to these terms of delivery and payment are only valid if expressly acknowledged by us in writing.
2. Limitation of Contractor's Liability
The contractor is liable in cases of intent or gross negligence on the part of the contractor or a representative or vicarious agent, as well as for culpably caused injury to life, body, or health, in accordance with statutory provisions. However, in cases of gross negligence, the contractor’s liability is limited to the contract-typical, foreseeable damage, unless another exceptional case listed in sentence 1 or sentence 3 of this paragraph is simultaneously present. Furthermore, the contractor is only liable under the Product Liability Act, for the culpable breach of essential contractual obligations, or insofar as the seller has fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless another exceptional case listed in sentence 1 or sentence 2 of this paragraph is simultaneously present.
Liability for no-fault damages or reimbursement of expenses is excluded. The contractor is particularly not liable for technical errors of GoThru and Matterport, as well as on portals operated by Google or their websites.
The provisions of the preceding paragraphs apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), regardless of the legal basis, especially due to defects, breach of obligations arising from the contractual relationship, or tort. They also apply to the claim for reimbursement of futile expenses.
The preceding provision does not entail a change in the burden of proof to the detriment of the client.
3. Rescission
The client may only rescind the contract within the framework of statutory provisions if the contractor is responsible for the breach of duty. In the event of breaches of duty, the client must declare, within a reasonable period after being requested by the contractor, whether they rescind the contract due to the breach of duty or insist on performance. In the event of defects, the statutory provisions regarding rescission apply.
4. Non-performance / Damages
In the event of non-performance of the contract by the client, the contractor is entitled to demand 190.00 Euro net as damages. The client is permitted to prove that the contractor incurred no damage or significantly less damage. The contractor is permitted to prove that greater damage was incurred.
In the event of default in payment, the contractor is entitled to demand a reminder fee of 5.00 Euro per reminder letter, as well as default interest of 9 percentage points above the base rate (§ 247 BGB). The client is permitted to prove that the seller incurred no damage or significantly less damage. The contractor is permitted to prove that greater damage was incurred.
5. Rescheduling of Appointments
The contractor may reschedule an agreed appointment for the creation of photographs to a later date without additional costs up to 72 hours before the appointment. In case of shorter-notice rescheduling of the appointment, the contractor is entitled to demand a flat fee of 190.00 Euro net from the client. The client is permitted to prove that the contractor incurred no damage or significantly less damage. The contractor is permitted to prove that greater damage was incurred.
6. Statute of Limitations
Any claims of the client due to breaches of contract become time-barred within 12 months from the acceptance of the rendered service. This does not apply to bodily injury and health damage and loss of life for which Local Business View GmbH is responsible, in cases of intentional or fraudulent conduct by Local Business View GmbH, as well as for claims under the Product Liability Act and within the scope of given quality guarantees. In the cases referred to in the preceding sentence, the statutory limitation periods remain applicable.
7. Place of Performance, Place of Jurisdiction
The place of performance for both parties is the registered office of Local Business View GmbH.
Insofar as the client is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction for all disputes arising from the contractual relationship, including actions on bills of exchange and checks, is the registered office of Local Business View GmbH.
This contract and the legal relationship between Local Business View GmbH and the contracting party are subject to the law of the Federal Republic of Germany, to the exclusion of the provisions of private international law (conflict of laws) and the UN Sales Convention.
8. Consent to Receiving Emails with Similar Products / Services from Us – Right to Object
By voluntarily entering your email address, you agree that we may send you offers for similar goods/services via email based on § 7 III UWG.
You can object to the use of your email address for our promotional emails at any time by sending us a message or by clicking on the corresponding link in the respective promotional email. After a successful objection, we will no longer use your email address for direct marketing. The same applies if you declare your objection to receiving promotional emails from us in the order form.
Our privacy policy and the declaration on the type and purpose of the use of your personal data as well as your rights can be found at: Privacy Policy