As of: April 2026
§1 Scope and Subject Matter of the Contract
(1) These GTC apply to all contracts of LACHIMPACT GmbH („LACHIMPACT“) regarding integrated services in the fields of consulting, strategy, design, and implementation of phygital brand environments.
(2) Deviating conditions of the customer or network experts shall not be recognized. These GTC shall also apply to all future business transactions.
§2 Price Offers and Conclusion of Contract
(1) Offers are subject to change and valid for a maximum of 8 weeks. Only the written order confirmation is binding.
(2) Order confirmations are considered fixed orders unless the customer expressly objects within 24 hours. In the case of short-term ad-hoc assignments, the confirmation is deemed accepted upon commencement of work.
(3) Price adjustments due to unforeseen cost increases (e.g., materials, fuel, logistics, currency fluctuations >5%) are permitted if more than two months elapse between the conclusion of the contract and performance.
(4) If LACHIMPACT concludes contracts with third parties (e.g., media buying, hardware providers) in the name and for the account of the customer, the customer shall indemnify LACHIMPACT internally against all resulting liabilities.
§3 Scope of Services and Network Experts
(1) LACHIMPACT provides integrated services, the specific deliverables of which are defined in the individual order.
(2) LACHIMPACT is entitled to utilize curated network experts (independent service partners) to fulfill its contractual obligations and coordinates this ecosystem as a general contractor.
§4 Duty of Cooperation of the Customer
(1) The customer shall provide all necessary project materials (goods, advertising materials, address data, digital assets) as well as access to premises in a timely and complete manner. LACHIMPACT may forward these directly to the commissioned network experts.
(2) Deadlines & Compensation for Loss: Address material must be available at least 25 working days, and other materials at least 10 working days before the start of the project. In the event of non-compliance or postponement not caused by LACHIMPACT, LACHIMPACT is entitled to demand 70% of the agreed remuneration as compensation. The customer reserves the right to prove that no damage or significantly lower damage occurred.
(3) If project planning is resumed after a postponement, the originally agreed fee shall become due again in full.
§5 Working Hours and Additional Services
(1) Project flat rates are based on a working time of 8 hours. Each additional hour will be charged at one-eighth of the daily rate.
(2) Overtime (25%), night/Sunday work (50%), and public holiday work (100%) will be charged additionally.
(3) Meetings, unsuccessful trips, and expenses will be charged based on time spent or actual costs, provided no order is placed or they exceed the usual scope appropriate for the order volume.
§6 Global Rollout, Logistics, and Customs
(1) Shipping is carried out according to Incoterms 2020. The default is DAP (Delivered at Place); the customer bears the costs and risks of import customs clearance.
(2) In the case of DDP (Delivered Duty Paid), LACHIMPACT handles customs clearance; import duties will be invoiced plus a handling fee.
§7 Remuneration, Prepayment, and Terms of Payment
(1) All prices are net amounts plus statutory VAT.
(2) LACHIMPACT may charge up to 70% of the order value in advance. This is mandatory for new customers or in the event of payment delays in the last 24 months. Third-party costs may be charged 100% in advance.
(3) Payment Plan: 30% upon order placement, 40% upon start of the project, 30% after acceptance.
(4) Invoices are due within 7 calendar days. Payment is deemed made upon credit to LACHIMPACT’s account.
(5) LACHIMPACT may bill end customers (e.g., franchisees) directly; the main customer remains jointly and severally liable. Claims may be assigned for factoring.
(6) If project parameters (e.g., number of locations) are reduced by more than 10% during implementation, LACHIMPACT will adjust prices based on actual time spent (min. €60.00 net/hour plus expenses).
§8 Acceptance of Physical and Digital Services
(1) Physical Services: Acceptance must be confirmed in writing immediately after completion. Minor defects do not entitle the customer to refuse acceptance.
(2) Digital Solutions: Acceptance is based on a User Acceptance Test (UAT). If no notice of defects is given within 5 working days after provision, the service is deemed accepted.
(3) Use in live operation (e.g., opening of a flagship store or trade fair) constitutes implied (conclusive) acceptance.
§9 Rights of Use and IP Protection
(1) LACHIMPACT grants the customer a simple right of use for the intended purpose. The transfer of rights is subject to the condition precedent of full payment.
(2) Concepts and strategies created during pitches or discovery phases remain the intellectual property of LACHIMPACT. Unauthorized use is prohibited and triggers a liability for damages.
§10 Copyright, Know-how Protection, and Self-Promotion Ban
(1) All data, concepts, and the entire photo documentation generated during the project are protected trade secrets of LACHIMPACT.
(2) Strict Ban on Self-Promotion: Network experts and customers are prohibited from using project results or photo documentation for their own advertising purposes (e.g., websites, social media) without written consent.
(3) Market Advantage Protection: Strict confidentiality applies until official market launch by the end customer and beyond.
§11 Customer Protection and Contractual Penalty
(1) Customer and network experts commit to mutual protection. Direct contact or data exchange (business cards, etc.) bypassing LACHIMPACT is prohibited.
(2) Contractual Penalty: Any culpable violation of the self-promotion ban or customer protection triggers a penalty of EUR 15,000.00.
(3) Reversal of Burden of Proof: In case of suspected violation, the burden of proof lies with the alleged violator to demonstrate that no violation occurred. LACHIMPACT is entitled to withhold payments until clarification.
§12 Final Provisions
(1) German law applies (excluding CISG).
(2) The place of performance and exclusive place of jurisdiction is Karlsruhe, Germany.