Manual on the Character and Fitness Process for Application to the Michigan State Bar
Language: English
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Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnThis manual is designed to assist the graduating law student to successfully apply to the State Bar of Michigan. It covers the application process, the affidavit of personal history, and the process and procedure should your appli.
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- Title
- Manual on the Character and Fitness Process for Application to the Michigan State Bar
- Author
- Dinan, Timothy A.
- Publisher
- AuthorHouse
- Publication year
- 2014
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1496934105
- ISBN 13
- 9781496934109
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Manual on the Character and Fitness Process for Application to the Michigan State Bar
Law and Practice
By Timothy A. DinanAuthorHouse LLC
All rights reserved.
Contents
Disclaimer and Preface, vii,
Acknowledgments, ix,
Chapter One - Defining Character and Fitness, 1,
Chapter Two - The SBM APPLICATION PROCESS, 13,
Chapter Three - The District Committee And The District Committee Meeting, 20,
Chapter Four - The Standing Committee And Standing Committee Hearing, 28,
Chapter Five - Hearings Before The Board Of Law Examiners, 38,
Chapter Six - Final Thoughts, 43,
APPENDICES,
APPENDIX A – SBM SCCF Rules, 47,
APPENDIX B – BLE Rules, 55,
APPENDIX C – Research Resources, 94,
APPENDIX D – Examples of Letters of Support Submitted to District Committees, 96,
APPENDIX E – Questions for Attorney/Witnesses at Standing Committee, 100,
APPENDIX F – Questions for Treating Professionals at Standing Committee Hearings, 103,
APPENDIX G – Questions for Lay Persons at Standing Committee Hearings, 105,
APPENDIX H – Role of Psychotherapy in the Character & Fitness Process By Mary Petersen, LMSW, ACSW, 107,
CHAPTER 1
Defining Character and Fitness
INTRODUCTION
The legal profession in Michigan has a unique system of admitting and regulating its members. Unlike many occupations, attorneys are self-regulating and, to a certain extent, self-selective. A number of histories have examined how American attorneys in training (clerks), following the English tradition, would intern with other attorneys to study the law with mentors. When clerks were deemed ready, they were presented to the local bench and bar who decided whether the apprentice had met the standard for practice, thus "passing the bar," the physical barrier dividing the front of the court from the rear. It was both literal and figurative.
The modern system has taken the licensure of attorneys from these local bars to statewide uniform administration of applications, uniform vetting of credentials and due process. All states have regulations regarding attorney admissions though there are as many systems and standards as there are states and territories.
Though similar to some professions, the legal profession nonetheless has unique characteristics that set it apart from many other professions. Like all jurisdictions, the State Bar of Michigan follows a traditional review of the applicant's credentials; however, Michigan also has requirements that set it apart.
LEGAL BASIS
There are a number of sources that provide standards for admission to practice in Michigan. These include guides published by the State Bar of Michigan (SBM), classes and seminars held in Michigan law schools and numerous on-line sources for admissions data. However, the best place to start is to examine Michigan Compiled Laws. Statutorily, MCL 600.934 sets forth the standard for applicants to meet regarding fitness and good moral character. It states:
600.934 Qualifications for admission to bar; "good moral character" defined; election to use multi-state bar examination scaled score; disclosure of score.
Sec. 934.
(1) A person is qualified for admission to the bar of this state who proves to the satisfaction of the board of law examiners that he or she is a person of good moral character, is 18 years of age or older, has the required general education, learning in the law, and fitness and ability to enable him or her to practice law in the courts of record of this state, and that he or she intends in good faith to practice or teach law in this state. Additional requirements concerning the qualifications for admission are contained in subsequent sections of this chapter. As used in this subsection, "good moral character" means good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47.
(2) A person may elect to use the multi-state bar examination scaled score that the person achieved on a multi-state bar examination administered in another state or territory when applying for admission to the bar of this state, but only if all of the following occur:
(a) The score that the person elects to use was achieved on a multi-state examination administered within the 3 years immediately preceding the multi-state bar examination in this state for which the person would otherwise sit.
(b) The person achieved a passing grade on the bar examination of which the multi-state examination the score of which the person elects to use was a part.
(c) The multi-state examination the score of which the person elects to use was administered in a state or territory that accords the reciprocal right to elect to use the score achieved on the multi-state examination administered in this state to Michigan residents seeking admission to the bar of that state or territory.
(d) The person earns a grade on the essay portion of the bar examination that when combined with the transferred multi-state scaled score constitutes a passing grade for that bar examination.
(e) The person otherwise meets all requirements for admission to the bar of this state.
(3) The state board of law examiners shall disclose to a person electing under subsection (2) to transfer the multi-state bar examination scaled score achieved on an examination administered in another state or territory the score the person achieved as soon as that score is received by the board regardless of whether the person could have obtained that score in the jurisdiction in which the examination was administered. This subsection does not require disclosure by the board of the score achieved on a multi-state bar examination administered in another state or territory until the scores achieved on that examination administered in Michigan are released.
History: 1961, Act 236, Eff. Jan. 1, 1963;-- Am. 1972, Act 87, Imd. Eff. Mar. 20, 1972;-- Am. 1978, Act 289, Eff. July 10, 1978;-- Am. 1980, Act 271, Imd. Eff. Oct. 6, 1980;-- Am. 2000, Act 112, Imd. Eff. May 24, 2000;-- Am. 2004, Act 558, Imd. Eff. Jan. 3, 2005 Constitutionality: Requirement of United States citizenship as a necessary prerequisite for the admission to the practice of law constitutes denial of equal protection of the law under Const 1963, art I, § 2, and US Const, am XIV, § 1. In re Houlahan, 389 Mich 665; 209 NW2d 250 (1973), decided prior to the 1978 amendment.
MCL 600.934(1) uses precise language to set forth its requirements. To practice law in Michigan, you must demonstrate to the satisfaction of the Board of Law Examiners that the applicant:
1. Is 18 years or older;
2. Has the required general education, learning in the law;
3. Has the fitness and ability to enable him or her to practice law in the courts of record in Michigan;
4. Intends in good faith to practice or teach law in Michigan; and
5. Possess 'good moral character'
These are not the only requirements. The Michigan Supreme Court, through the Board of Law Examiners, sets forth more specific requirements in terms of law school requirements, passing scores on the MPRE (Multistate Professional Responsibility Examination) and, of course, the Michigan Bar Examination.
GOOD MORAL CHARACTER
Section (1) references MCL 338.41 through 338.47 as to what constitutes "good moral character." MCL 338.41 states:
338.41 "Good moral character" and "principal department" defined.
Sec. 1.
(1) The phrase "good moral character", or words of similar import, when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state in the Michigan Compiled Laws or administrative rules promulgated under those laws shall be construed to mean the propensity on the part of the person to serve the public in the licensed area in a fair, honest, and open manner. [Emphasis added.]
(2) As used in this act, "principal department" means the department which has jurisdiction over the board or agency issuing the license.
History: 1974, Act 381, Eff. Apr. 1, 1975;-- Am. 1978, Act 294, Imd. Eff July 10, 1978 Compiler's Notes: For transfer of powers and duties of adult foster care licensing from the department of social services to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws. For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. (Id.)
For purposes of an application to practice law, the phrase, "... a propensity on the part of the person to serve the public in the licensed area in a fair, honest, and open manner." ... defines the most important characteristics of what attorneys need to possess. While these terms may not have the same import for other professions, attorneys are officers of the court, agents of their clients as well as servants of their clients (albeit a paid servant). This implies fiduciary duties on a licensed attorney in regard to conduct not only with clients, but with the courts and the general public as well as in accordance with the Michigan Rules of Professional Conduct (MRPC) 1.8. Thus, the SBM looks for past conduct that, if still present, would hinder an applicant's ability to practice within these standards.
Such a broad and open definition allows for varying interpretations by applicants as well as SBM's Standing Committee and District Committee members. Phrases such as "protect the public" and "entrust to the public" are often used in committee hearings and seen in written opinions. These references relate back to that fundamental definition.
PRIOR CRIMINAL HISTORY
The second statute referenced in MCL 600.943 is MCL 338.42. This statute discusses the effect of a criminal conviction on an applicant who wishes to practice law. It holds:
338.42 Judgment of guilt in criminal prosecution or judgment in civil action as evidence in determining good moral character; notice; rebuttal.
Sec. 2.
A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, by a licensing board or agency as proof of a person's lack of good moral character. It may be used as evidence in the determination, and when so used the person shall be notified and shall be permitted to rebut the evidence by showing that at the current time he or she has the ability to, and is likely to, serve the public in a fair, honest, and open manner, that he or she is rehabilitated, or that the substance of the former offense is not reasonably related to the occupation or profession for which he or she seeks to be licensed. [Emphasis added.]
Manual on the Character and Fitness Process for Application to the Michigan State Bar History: 1974, Act 381, Eff. Apr. 1, 1975;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 Compiler's Notes: For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. (Ibid.)
Here, the effect of a criminal conviction or judgment in a civil action does not itself prevent one from being licensed. However, it does allow that the conviction to be used as evidence whether the applicant will conduct himself in a fair, honest and open manner. It allows for consideration of whether the person is rehabilitated, how the conviction is associated to the crime and whether that association/judgment affects the ability of the applicant to act in a fair, honest and open manner in the legal profession.
In a profession based in the law, it is a reasonable inquiry for SBM to know the facts of an arrest or a conviction. Sometimes, these revelations demonstrate isolated circumstances and anomalies in an otherwise normal history. Applicants often learn from these experiences and can demonstrate their maturation. Each incident is unique and must be considered in light of the applicant's complete history and circumstances. In instances of re-occurring or serial behaviors, the committee will look for a greater degree of effort in rehabilitation. Restitution and compliance with court orders are relevant as is conduct after court supervision is terminated.
The State Bar of Michigan Standing Committee on Character and Fitness Rules of Procedure (herein SBMCCF Rules) recognizes the provisions of this statute (See Appendix D—Rule E.3.).
For example, a homicide conviction may not necessarily be a bar to licensure where a fraud or theft conviction may be depending on the factors cited in the statute as well as those enumerated in the SBMCCF Rules. Each case will be individually considered in order for a panel to recommend whether it believes that the applicant has the requisite character and fitness.
In essence, an applicant must explain him or herself. This statute and the SBMCCF Rules provide a forum and a structure within which to do so. A more thorough explanation of how this is done is found in the SBMCCF Rules.
USE OF CRIMINAL RECORDS TO REVIEW APPLICANTS
MCL 338.43 discusses the use of criminal records in the examination process for an applicant seeking a license. Keep in mind these statutes apply to all professions, not just the legal profession. It states:
338.43 Using, examining, or requesting certain criminal records prohibited; prerequisites for furnishing criminal records; rules.
Sec. 3.
(1) The following criminal records shall not be used, examined, or requested by a licensing board or agency in a determination of good moral character when used as a requirement to establish or operate an organization or facility regulated by this state, or pursuant to occupational or professional licensure:
(a) Records of an arrest not followed by a conviction.
(b) Records of a conviction which has been reversed or vacated, including the arrest records relevant to that conviction.
(c) Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest, and open manner.
(d) Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison.
(2) A criminal record shall not be furnished to a licensing board or agency except by the principal department, and shall be furnished only after the director of the principal department or a person designated by the director has determined that the information to be provided to the board or agency meets the criteria set forth in this section.
(3) The director or a person designated by the director of the principal department shall promulgate rules for each licensing board or agency under that department's jurisdiction which prescribe the offenses or categories of offenses which the department considers indicate a person is not likely to serve the public as a licensee in a fair, honest, and open manner. Each licensing board or agency may make recommendations to the director regarding the rules to be promulgated. The rules shall be consistent with this act and promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. Prior to the promulgation of the rules pertaining to a board or agency, all felonies shall be considered by the board or agency to be relevant to the ability or likelihood the person will serve the public in a fair, honest and open manner.
History: 1974, Act 381, Eff. Apr. 1, 1975;-- Am. 1978, Act 294, Imd. Eff. July 10, 1978 Compiler's Notes: For transfer of powers and duties of the bureau of family services from the department of consumer and industry services to the family independence agency by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. (Ibid.)
Two questions on the Affidavit of Personal History deal with criminal convictions, expunged convictions, arrests and other matters seemingly barred by the above cited statute. Attorneys and applicants, having been trained in the law, are presumed to be knowledgeable of the law and its consequences. Because of the fiduciary role of attorneys, their access to sensitive data, the trust vested in attorneys by their status and license, and their roles as officers of the court, these matters are required to be disclosed to SBM as a routine part of the application. These records may indicate other problems such as substance abuse or mental illness.
There is no cited case law on the issue of an applicant's purposeful non-disclosure of an arrest not leading to a conviction, an expunged arrest, or a conviction that was set aside. However, it is helpful to note that:
As an agent of the Board of Law Examiners, the State Bar of Michigan's Character and Fitness Committee conducts character and fitness investigations of each bar applicant. Thus, the Board of Law Examiners and the Character and Fitness Committee are designated and empowered to discharge the statutorily defined duties of the Michigan Supreme Court. McCready v Michigan State Bar, 881 F Supp 300, 303 (WD Mich, 1995); Scullion v State Bd of Law Examiners, 102 Mich App 711, 715; 302 NW2d 290 (1981).
(Continues...)
Excerpted from Manual on the Character and Fitness Process for Application to the Michigan State Bar by Timothy A. Dinan. Copyright © 2014 Timothy A. Dinan. Excerpted by permission of AuthorHouse LLC.
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Moluna GmbH
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Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
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on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
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To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
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I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
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Name of the consumer(s)
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Address of the consumer(s)
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Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022