Generel Terms and Conditions

General Terms and Conditions

Table of Contents

  1. Scope of Application and Definitions
  2. Services of the Provider
  3. Conclusion of Contract
  4. Right of Withdrawal for Consumers
  5. Cooperation Obligations of the Customer
  6. Remuneration and Payment Terms
  7. Confidentiality
  8. Accompanying Informational Material
  9. Liability for Defects
  10. Liability
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope of Application and Definitions

1.1 These General Terms and Conditions (hereinafter "GTC") of Klaus Lorenz (hereinafter "Provider") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Provider regarding the consulting services described on the Provider's website or in other media. The inclusion of the Customer's own terms and conditions is hereby explicitly rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Services of the Provider

2.1 Unless otherwise stated in the Provider's offer, the Provider shall render his services in person.

2.2 The Provider shall perform his services with the utmost care and to the best of his knowledge and belief. Unless otherwise stated in the Provider's offer, the Provider does not owe a specific result or outcome. In particular, the Provider does not guarantee that the Customer will achieve a specific success or reach a specific goal. This depends significantly on the Customer's personal commitment and dedication, over which the Provider has no influence.

3) Conclusion of Contract

3.1 The service descriptions on the Provider's website do not constitute binding offers on the part of the Provider, but serve to enable the Customer to submit a binding offer.

3.2 The Customer can submit the offer using the online order form integrated into the Provider's website. After placing the selected services into the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contract offer regarding the services contained in the shopping cart by clicking the button that concludes the ordering process.

3.3 The Provider may accept the Customer's offer within five days by:

sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or

starting the execution of the service at the Customer's request and notifying the Customer thereof, or

requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the dispatch of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

3.4 When submitting an offer via the Provider's online order form, the text of the contract is stored by the Provider after conclusion of the contract and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order is sent. The contract text will not be made accessible by the Provider beyond this.

3.5 Prior to bindingly submitting the order via the online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the Customer can correct inputs using the standard keyboard and mouse functions until clicking the button that finalizes the order process.

3.6 The English language is available for the conclusion of the contract.

3.7 Order processing and contacting generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned with order processing can be delivered.

4) Right of Withdrawal for Consumers

Consumers are generally entitled to a right of withdrawal. Detailed information on the right of withdrawal can be found in the Provider's cancellation policy (Widerrufsbelehrung).

5) Cooperation Obligations of the Customer

The Customer shall provide the Provider with all information required for the provision of the owed service free of charge, completely, and truthfully, unless the procurement of such information falls within the scope of duties of the Provider according to the content of the contract.

6) Remuneration and Payment Terms

6.1 Unless otherwise stated in the Provider's offer, the prices quoted are total prices that include statutory value-added tax (VAT).

6.2 The payment options will be communicated to the Customer in the Provider's offer.

6.3 When paying via a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com or – if the Customer does not possess a PayPal account – subject to the Terms for Payments without a PayPal account.

Furthermore, payments are possible via the payment service provider Stripe, subject to the terms and conditions applicable to payments via a Stripe account:

Stripe Technology Europe, Limited The One Building, 1 Lower Grand Canal Street Dublin 2, D02 YX83 Ireland

7) Confidentiality

The Provider shall treat all information obtained about the Customer within the framework of his services, particularly information concerning private or business affairs, as strictly confidential and shall not disclose it to third parties unless this is required for the fulfillment of his own contractual obligations towards the Customer.

8) Accompanying Informational Material

8.1 The Provider holds all usage rights to informational material provided to the Customer – regardless of its form – in connection with the consulting services.

8.2 The Customer may only use the informational material provided by the Provider in connection with the consulting services to the extent necessary for the purpose of the contract agreed upon by both parties. Without explicit separate permission from the Provider, the Customer is specifically not entitled to reproduce, distribute, or make publicly accessible the provided informational material, either in whole or in part.

9) Liability for Defects

If, according to the contract content, the Provider owes the achievement of a specific outcome within the meaning of § 631 para. 2 BGB (German Civil Code) (e.g., preparation of an expert report/opinion), he shall be liable for defects in the work in accordance with statutory provisions for liability for defects, unless provided otherwise in the following regulations.

10) Liability

The Provider shall be liable to the Customer for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses as follows:

10.1 The Provider is liable without limitation on any legal grounds:

in cases of intent or gross negligence,

in the event of intentional or negligent injury to life, body, or health,

on the basis of a guarantee promise, unless otherwise regulated in this regard,

due to mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

 

10.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless liability is unlimited according to the preceding paragraph. Material contractual obligations are duties that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance with which the Customer regularly relies.

10.3 In all other respects, any liability of the Provider is excluded.

10.4 The above liability regulations also apply with regard to the liability of the Provider for his vicarious agents (Erfüllungsgehilfen) and legal representatives.

11) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties[cite: 1]. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn[cite: 1].

12) Alternative Dispute Resolution

The Provider is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board[cite: 1].

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