GENERAL TERMS AND CONDITIONS/PROCESSING CONDITIONS FOR GENEALOGICAL, HERALDIC ORDERS AS WELL AS REGISTRATIONS AND FINE ARTS

1. Conclusion of contract

1.1 The contract shall be concluded upon written confirmation (acceptance) of the order by PRO HERALDICA to the client. If acceptance of the order by PRO HERALDICA is not refused within four weeks of the order being placed, confirmation shall be deemed to have been given by PRO HERALDICA to the client.
1.2 Agreements, collateral agreements and assurances not set out in these terms and conditions or in the order form must be confirmed in writing by PRO HERALDICA in order to be legally effective.

2. Scope of services

2.1 According to the respective order, the data of the ancestors is researched on the basis of the paternal genealogical line in the case of genealogical research or, in the case of heraldic orders, the heraldic works and heraldic collections (German and foreign) are systematically considered for the coat of arms of the same and similar spellings. This involves checking whether the client is entitled to bear one of the coats of arms found. If this is the case, the client receives an exact representation of this coat of arms.
2.2 If PRO HERALDICA is unable to ascertain without difficulty whether the client is entitled to use the coat of arms found, a modification of any coats of arms found or a new design of a coat of arms shall be made on the basis of the client’s historical family data and facts in accordance with the law on coats of arms and usage.

3. Cooperation obligations of the client

3.1 The client shall be obliged to cooperate in the processing of the order as follows: a) The client shall provide the information specified in the order in writing. Insofar as PRO HERALDICA submits template forms when the order is placed, the client undertakes to complete them; this applies in particular to the heraldic and genealogical questionnaires and powers of attorney for obtaining the ancestral data. b) The client undertakes to make available all data on the client’s ancestors and coats of arms as well as family trees already in the client’s possession or coming into the client’s possession during the term of the research. c) The client undertakes to answer in writing all enquiries from PRO HERALDICA in connection with the processing of the order and to check the drafts submitted by PRO HERALDICA and to correct them if necessary.
3.2 The client undertakes to fulfil their obligations to cooperate pursuant to no. 3.1 a) and b) as soon as possible after placing the order and to fulfil their obligations pursuant to no. 3.1 lit. c) without delay in order to accelerate the research in the client’s interest.
3.3 If the client does not comply with their obligations under 3.1 and 3.2 above, although PRO HERALDICA has set a reasonable time limit for doing so in each individual case, PRO HERALDICA is entitled a) to continue processing the order without the requested information and documents or, if the client has not given their opinion on the drafts, text and drawing releases provided by PRO HERALDICA or if PRO HERALDICA has received unanswered requests for additional information to be provided only by the client, to continue processing the order without such opinion. In each individual case, the client is to be informed of the intended further processing after the deadline has expired without result by setting a reasonable deadline for the client fulfilling their cooperation obligations. Alternatively, PRO HERALDICA may b) terminate the contract after the client has been given a reasonable period of time to fulfill their obligation to cooperate in each individual case and the client has not performed their obligation to cooperate within this period of time or c) withdraw from the contract or claim damages for non-performance of the contract pursuant to no. 12 of these terms and conditions after the client has been requested to fulfil their obligation to cooperate and has been given a reasonable period of time to fulfil their obligation to cooperate, together with a notice to the client that PRO HERALDICA will withdraw from the contract or claim damages for non-fulfilment from the client in the event of its further inactivity up to the expiry of the period of grace to be set in each individual case.

4. Delivery date

A fixed delivery date cannot be determined in advance, as it depends on the scope of the research work and the client’s cooperation. If possible, the order shall be fulfilled within the non-binding delivery period.

5. Warranty and notices of defects

5.1 PRO HERALDICA is not liable for any particular success in genealogical and heraldic research. Both genealogical and heraldic research work builds on sources that are exhausted depending on the most accurate information provided by the client. The client is therefore aware that PRO HERALDICA cannot guarantee the scope of the research result.
5.2 PRO HERALDICA guarantees that all works are eligible for registration and publication. For registration and publication, the following are available: ALLGEMEINE DEUTSCHE WAPPENROLLE des WAPPEN-HEROLD, Deutsche Heraldische Gesellschaft e.V., Stuttgart, and GENERALREGISTER DER WAPPENFÜHRENDEN FAMILIEN, published by WAPPEN-HEROLD, Deutsche Heraldische Gesellschaft e.V., Stuttgart. Registration strengthens legal protection under § 12 BGB. It occupies the coat of arms for future generations and spreads the name and coat of arms at home and abroad. The registration is published periodically in a book series.
5.3 PRO HERALDICA shall only be liable for obvious defects in the subject-matter of the performance which are readily recognisable to the client on the basis of the client’s knowledge of the data of the client’s ancestors if these defects are notified to PRO HERALDICA in writing within a reasonable period of time for examination after the handing over of researched ancestral data or after the handing over of a research report. The customer undertakes to set PRO HERALDICA a reasonable period of time to remedy the defect to be specified by the client before claiming a reduction in price or rescission of the contract or claiming damages on account of a defect for which PRO HERALDICA is responsible.

6. General disclaimer

PRO HERALDICA shall be liable to the client within the scope of service law for defects for which it is responsible and damages resulting from the breach of the contractually agreed services to the extent provided for by law. To the extent that a statutory limitation of liability to the intentional or grossly negligent causing of damage to the detriment of the client by PRO HERALDICA is permissible, the client and PRO HERALDICA hereby agree on this limitation of liability. PRO HERALDICA shall not be liable for indirect or consequential loss or damage, unless there is express statutory liability for this.

7. Incidental costs for genealogical or heraldic research assignments

7.1 The following additional services will be invoiced to the client along with receipts: Fair copies of reports and expert opinions, photographs, printing plates, artwork, certifications, deeds, seals, creation of archive files and their maintenance (30 years), information fees from libraries, archives, genealogical societies and parish offices, travel expenses for necessary genealogical research, fees for library, archive and office work by genealogists commissioned by PRO HERALDICA, postal charges, telephone charges, photocopies, packaging, freight and insurance.
7.2 The client shall receive an ancillary cost statement in the form of an interim or final statement upon submission of the research results.

8. Terms of payment

8.1 Genealogical research orders: a) The basic fee plus statutory value added tax is due for payment in full when the order is placed (no. 1.1). b) The contingency fee and ancillary costs are due for payment when the invoice is issued.
8.2 Heraldic research orders: a) An amount of 50 % of the agreed invoice amount shall become due for payment when the order is placed. b) The remaining amount of 50 % of the agreed invoice amount shall become due for payment when the invoice is issued.
8.3 Payments in accordance with no. 8.1 and 8.2 above shall be made to PRO HERALDICA’s sales representative against receipt or directly to PRO HERALDICA by bank transfer.
8.4 If no specific payment deadline is specified in the contract, the interest claim shall be deemed to be due 30 calendar days after receipt of the invoice or equivalent request for payment by the client or after receipt of the goods or services by the client, without prejudice to the client’s right to verify whether the goods or services comply with the contractual agreements, provided that an acceptance or verification procedure is stipulated in the contract or by law and the client receives the invoice or equivalent request for payment before or at the time of acceptance or verification.

9. Set-off or retention

The client may set off a claim of PRO HERALDICA against a counterclaim only if the client’s counterclaim is due or undisputed, i.e. accepted by PRO HERALDICA. The same shall also apply to any set-off declared by PRO HERALDICA against the client. The client shall only have a right of retention against claims of PRO HERALDICA if the client bases their right of retention on warranty rights.

10. Retention of title

PRO HERALDICA retains title to the goods delivered by it until full payment of all claims, including ancillary claims, arising from the current contractual relationship.

11. Cancellation

Without prejudice to the client’s right of withdrawal under the statutory consumer protection provisions, PRO HERALDICA grants the client the right to cancel the contract within two weeks of placing the order. Such notice of cancellation shall only be effective if it is received by PRO HERALDICA, Julius-Hölder-Straße 45, 70597 Stuttgart, Germany, in writing or in text form, i.e. by e-mail, within the deadline.
With regard to the right of withdrawal to which the client is entitled as a consumer within the meaning of the law, PRO HERALDICA refers to the instructions on withdrawal and the withdrawal form which have been handed over to the consumer separately from these terms and conditions.

12. Compensation and claims for remuneration after cancellation of or termination of the contract

12.1 European Commission platform for online dispute resolution (OS) for consumers http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12.2 If the client (with the exception of a case governed by no. 11) cancels the contract for reasons for which the client is responsible after the expiry of the period for exercising the right of cancellation provided for in the contract and after the expiry of the statutory right of withdrawal under the consumer protection provisions or if the client then declares termination of the contract or if PRO HERALDICA claims damages on account of a breach by the client of the client’s obligations to cooperate under no. 3 of the terms and conditions of the contract or if PRO HERALDICA exercises a statutory right of termination to which it is entitled due to any other breach of contract by the client, the client shall be obliged to reimburse PRO HERALDICA for the following lump-sum damages:
(1) In the case of heraldic research orders: a) 50 % of the net order value, if in the case of heraldic orders the design drawings have not yet been produced, or b) 80 % of the net order value, if in the case of heraldic orders the design drawings have been produced.
(2) In the case of orders for coat of arms registration or publication: a) 50 % of the net order value plus statutory VAT prior to the creation of the coat of arms certificate/coat of arms passport and b) 50 % of the net order value plus statutory VAT upon printing within 5 years after signing of the text manuscript.
(3) In the case of orders concerning fine arts: a) 50 % of the net order value plus statutory VAT prior to preparation of the release/working drawing, or b) 100 % of the net order value plus statutory VAT after signed release/working drawing.
(4) In the case of genealogical research assignments:
100 % of the basic fee plus the contingency fees and ancillary costs incurred plus statutory VAT, subject to the proviso that the expenses saved, in particular for a bound final report on the contractually agreed genealogical research which may not yet have been produced, are to be deducted.
12.3 The client is entitled to prove that the respective aforementioned lump sum for damages exceeds the damage to be expected in the regulated cases according to the usual course of events or the usual reduction in value or that PRO HERALDICA has not suffered any damage at all or that the damage is significantly less than the lump sums set out in no. 12.1 under (1) to (4).

13. Place of performance and transfer of risk

13.1 If the client is not a consumer within the meaning of the law, the client agrees with PRO HERALDICA to its registered office in Stuttgart as the place of performance.
13.2 Unless the client is a consumer within the meaning of the law, delivery of the goods shall be made at the expense and risk of the client as a shipment of valuables and all shipments, including any returns, shall travel at the risk of the client.

14. Copyrights, transfer of rights of use, legal assertion in the event of their infringement

PRO HERALDICA is the owner of the copyright in the works it creates. PRO HERALDICA grants the client, the client’s spouse and the client’s descendants an unrestricted right of use to the designed work (coat of arms, drawings of all kinds, family tree, genealogical table). PRO HERALDICA undertakes vis-à-vis the client not to grant any further rights of use to the designed work to third parties who are not authorised to carry the work. At the same time, PRO HERALDICA irrevocably authorises the client to assert defence claims in court against any copyright infringements.

15. Severability clause

Should any of the aforementioned provisions be or become legally ineffective, the effectiveness of the remaining provisions shall remain unaffected. In this case, the parties are obliged to cooperate on a provision that comes as close as possible to the legally ineffective provision in economic terms.

PRO HERALDICA® As of: 23/06/2021

Deutsche Forschungsgesellschaft für Heraldik und Genealogie mbH

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