General Terms and Conditions of Pinakos GmbH
I. Scope of Application and Definitions
1. Scope of application
Pinakos GmbH mit Sitz in 84494 Neumarkt-St. Veit, Kindhofen 4 (hereinafter known as: “Pinakos”), operates the Internet platform www.pinakos.com (hereinafter known as: “platform”). This platform serves as contact support between lawyers or service providers (hereinafter known as: “suppliers") and their customers (hereinafter known as: “client"). For the business relations between Pinakos and the supplier or client regarding the platform, apply exclusively these general terms and conditions as amended from time to time. Deviating terms of the clients or suppliers are hereby declined. Between each, Pinakos and the supplier or the client a licence contract in accordance with these general terms and conditions comes into existence. The contractual relationship between the client and the supplier is not regulated by these general terms and conditions.
A) A supplier is referred to as a contractor (lawyer, translation agency, research agency, etc.), who offers commercial services in the field of intellectual property on the platform.
B) A client is referred to as a natural person or corporate entity, which purchases or uses a product or service via the platform. Clients can only be entrepreneurs according to § 14 BGB (German Civil Code). This means, this offer only applies to the entrepreneurs, distributors or tradespersons, which at the time the agreement is concluded are exercising their commercial or independent occupational activity. This is an explicit condition for the use of the platform and has to be confirmed by the client within the scope of the registration and in particular needs to be proofed by giving the VAT registration number. Minors are excluded from the use of the platform and are not permitted to register.
C) The “licence contract” is referred to as the legal relationship between the client or supplier and Pinakos.
II. Conclusion of Contract
1. Between client or supplier and Pinakos
The licence contract between the client or supplier and Pinakos comes into existence when the client or supplier requests for registration on the platform. There is no claim for closing a licence contract.
2. Between client and supplier
The client purchases a product or a service at the platform of the particular supplier. The offers on the platform are not legally binding offers, but are a non-binding online-catalogue. By pressing “add to cart” and “checkout”, the client makes an offer on conclusion of contract with the supplier regarding the chosen products respectively the chosen services. The supplier will be informed about this by Pinakos and can accept the offer on conclusion of contract within two working days, after checking possible conflicting interests. The supplier has to declare the acceptance in written form (via e-mail or fax) to Pinakos. The client is informed by Pinakos, whether the offer is accepted by the supplier or not. With the supplier acceptance, the contractual relationship between the client and the supplier is formed. As long as the official periods allow this, the supplier has to handle and complete the order within a period of 30 days, if no express order was chosen. In case of an express order, the stated express duration applies as expiry of the handling and completion time period for the supplier. The handling and completion time starts with the acceptance towards Pinakos. Calendar days apply for the calculation of the deadline, not working days.
If the supplier rejects the offer, Pinakos is free to offer the client an alternative, equivalent supplier at the same price. In addition, Pinakos can always handle the order themselves.
III. Possible Uses for the Supplier
Suppliers can offer their services via Pinakos in three different ways:
1. The supplier has the possibility to send his scale of fees to Pinakos. Pinakos will then submit offers, by using the data according to the scale of fees. The offers will be put online for double-check by the supplier.
2. In addition to that, the supplier has the possibility to put the offers onto the platform himself. In order to do so the supplier may choose the products and services to be offered himself. The offers will be put online for double-check by the supplier after review by Pinakos.
3. The supplier is also able to make individual quotations for individual cases. The client may request an “individual quotation” on the plattform. The supplier is informed about that by Pinakos and has the possibility to make an individual offer within two working days. This offer then requires the acceptance of the client.
IV. Prices, Payment, Payment Handling and Rating
The stated prices are net prices. VAT is added in the statutory amount applicable at the time. On top of that, a handling/shipping flat rate is added, if this is stated at a product.
The client receives the invoice for the purchased product from Pinakos. It has to be paid by the client within the payment deadline, which is stated on the invoice. At the end of the handling and completion time, usually 30 days after the beginning of the offer processing, Pinakos will contact the client in order to find out if the services of the supplier were performed correctly. After the client confirms the requested service carried out by the supplier, Pinakos will pay the supplier. If the client is of the opinion that the services were not provided correctly, Pinakos is only able to withhold the payment for the supplier if there are justified reasons.
3. Payment handling
Payment is possible via bank transfer, PayPal, credit card as well as cheque. Different payment methods may cause additional charges, which are listed before the end of the order process and for which the client has to pay.
4. Payment deadline
The client has a payment deadline of ten days. If the payment is performed within ten days, beginning of the receipt of invoice, the listed prices apply for the client. The final price may include a flat rate of 3%, which can be added to the listed price by Pinakos for payments made after those ten days of receipt of invoice. Legally defined default charges remain unaffected.
After the supplier provides the agreed service, Pinakos will request the client to rate the supplier. By doing so, the quality of the platform is intended to be increased. The rating is optional.
V. Restraint on Competition Supplier
By accepting an offer, the supplier obligates himself for a duration of two years, beginning from the point of acceptance of the order; he is not permitted to make any direct mandates without informing Pinakos. After Pinakos has been informed, Pinakos can allow a direct mandate between the client and the supplier in individual cases.
In the case of violation, supplier can be excluded from the platform and the relevant offers/notifications of the supplier can be deleted without compensation. In addition Pinakos reserves further claims.
VI. Rights of Pinakos
Pinakos is entitled to exclude a client or supplier from the participation of the platform, if the client or supplier violates essential obligations of using the platform, in particular when general terms of conditions or applicable laws are violated.
Pinakos is entitled to show advertisement on all sites of the platform and is also entitled to adapt or change the look, the appearance and the functionality of the platform at any time and without the consent of registered clients or suppliers. Pinakos is also allowed to shut down the platform completely without needing the permission of any registered client or supplier.
Furthermore, Pinakos reserves the right of not taking online offers of suppliers as well as taking them out of the platform again.
VII. Grant of Rights
The suppliers and clients allow Pinakos to use all information, which the supplier and client provide themselves (contacts, logos, photographs etc.), for the purpose of presentation on the platform. The user grants all necessary rights for the purpose of contract execution to Pinakos.
VIII. Termination of Contractual Relationship
The licence contract between the client or supplier and Pinakos is indefinitely. The client as well as the supplier and Pinakos are entitled to terminate the licence contract at any time.
Pinakos is explicitly not liable for mistakes in consulting or the missing of deadlines caused by the suppliers, which offer their services on the platform. The commissioned supplier is liable for mistakes in consultation and other breaches of duty, according to the applicable regulations.
Pinakos is only fully liable for intentional or grossly negligent breaches of duty caused by them, for slight negligence, only in cases of essential breach of contract in a way the contractual use is at risk. Claims because of harm of health, physical condition and life remain unaffected from the stated liability limitations. Besides that, Pinakos is not liable for material and financial loss.
X. Final provisions
1. Contract language is English
2. There are no ancillary verbal agreements. Written form is required. The same shall apply to any agreement setting aside the written-form requirement.
3. Should any part of this contract be or become invalid, the validity of the remaining terms shall remain unaffected.
4. Pinakos does not offer any legal advice, but is only acting meditative and administrative. Any legal advice services are done by the lawyers registered in the particular countries.
5. German law applies. Jurisdiction for all disputes from this contractual relationship or related to it, between client or supplier and Pinakos is Munich.