General Terms and Conditionsof mail.de GmbH, Münsterstraße 3, 33330 Gütersloh, Germany (hereafter mail.de)
Please note that this is a translation for information purposes only – in case of any discrepancies between this version and the German, the German version shall prevail. Only the German version is legally binding.
1. Terms and conditions: area of application and amendments
mail.de provides all services exclusively on the basis of these general terms and conditions as valid at the time at which the contract is offered. They apply to all legal and business relationships between mail.de and its customers, provided nothing else has been agreed to in writing. Deviating customer conditions shall not be recognised, unless mail.de explicitly agrees to their validity in writing.
A customer is a consumer (Section 13 of the German Civil Code, BGB) insofar as the purpose of the services ordered and received cannot be attributed to commercial or self-employed activities. Conversely, an entrepreneur (Section 14, Paragraph 1 BGB) is any natural or legal person or a legal business partnership who performs commercial or self-employed occupational activities upon concluding the contract.
mail.de reserves the right to amend or expand these general terms and conditions and the service description and price lists for individual products with the customer's consent, provided the amendment/expansion is acceptable to the customer in consideration of the interests of mail.de. mail.de shall inform the customer of any amendment and the time of the individual amendment in good time. Approval of a contractual amendment qualifies as received if the customer does not object to the amendment within six weeks of receiving notification of the amendment. The contractual relationship shall continue according to the amended conditions. mail.de shall advise the customer regarding the consequences of failure to object to any amendments separately with the notice of amendment.
2. Contractual object, availability
The object of this contract shall be the provision of various services such as the provision of premium e-mail packages (set-up of an e-mail address including receiving, sending, and saving e-mails and other additional services) or the provision of applications (software) for mobile end devices for a fee. The contractual object results in particular from the regulations determined for the respective product in the service description and price list.
mail.de cannot guarantee that the products it offers shall be available at all times and free of errors. This applies in particular in case access to these services is interrupted due to disruptions that are outside the operating sphere of mail.de or are not attributable to mail.de (force majeure, third-party fault). However, mail.de shall correct any disruptions to the services indicated in the service descriptions immediately, provided this is technically and operationally possible.
3. Conclusion of the contract
The presentation of products in the online shop does not represent a binding offer, but rather represents a non-binding online catalogue. By clicking the button "I agree. Complete purchase" or "Set up e-mail account now", you agree to a binding order for the goods contained in your shopping basket. Confirmation of receipt of your order is provided along with notification of its acceptance in an automated e-mail immediately after your order is submitted. This e-mail confirmation concludes the purchase contract.
We will store the contract text and send you the ordering data and our GTC via e-mail. You may view your previous orders in our web-based administration area.
The customer shall ensure that the information he/she provides about himself/herself and other contractually relevant circumstances are complete and truthful for the previously indicated registration/ordering process. The customer must confirm the data upon request by mail.de. The customer shall be obligated to inform mail.de of changes to his/her data immediately. mail.de provides the customer a web-based administration area within the application for change notifications. If this is not completed, mail.de shall be entitled to block the contractual services immediately until the correct data is entered and confirmed.
You have the right to withdraw from this contract within fourteen days without specifying any reasons.
The rescission period shall amount to fourteen days following the date the contract was concluded.
If you wish to withdraw, you must inform us at mail.de GmbH, Münsterstrasse 3, 33330 Gütersloh, Germany, Fax: +49(0)5241 / 7434987 and at e-mail address: email@example.com by way of a clear declaration (e.g. a letter sent via the postal service, a fax, or an e-mail) concerning your decision to withdraw from this contract. You may use the attached sample rescission form for this purpose, however this is not required.
In order to ensure the withdrawal period, it is sufficient to send us your notification of rescission prior to expiration of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must return all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from selecting a delivery option that differs from the most cost-effective standard delivery option offered by us) without delay and within fourteen days at the latest from the date that we receive notification of your withdrawal from this contract.
With regard to this refund, we shall apply the same means of payment that you used for the original transaction, unless we have explicitly agreed upon something different with you; no charges shall be invoiced to you as a result of your withdrawal.
If you have requested that the services should begin during the withdrawal period, then you must pay us an appropriate amount corresponding with the portion of the services provided in relation to the overall scope of services that were planned to be provided for the contract up to the point when you exercised your right to withdraw from the contract.
(If you want withdraw from your contract, please fill out this form and send it back.)
To: mail.de GmbH, Münsterstraße 3 in 33330 Gütersloh, Germany
Hereby I/we (*) withdraw from my/our (*) contract and cancel the purchase of the following goods/services (*)
Ordered on (*)/received on (*):
Customer-ID / wacken.de e-mail address:
Name of customer(s):
Address of customer(s):
Signature of customer(s) (only if this note was printed out)
(*) please strike if inapplicable.
5. User fees payment deadline, payment method
All fees specified include the applicable legal value added tax.
The respective fees shall be due for payment upon receipt of the invoice. The invoice shall be provided to the customer directly following submission of the order and shall be available in the customer area under "Settings mode/Account/Contract data/Invoices" and via e-mail in the e-mail in-box as a PDF. The invoice amounts may be paid by purchase on account or by direct debit via the direct debit mandate procedure. When concluding the contract, the customer shall either provide direct debit instructions for an existing account, which shall thereby entitle mail.de to collect all fees due from the specified account via direct debit, or shall select the "purchase on account" payment type, which shall obligate him/her to pay the invoice within 14 days following issue of the receipt.
The direct debit process shall be completed after the invoice is received. If the direct debit process fails for any reason which the customer is responsible for, then the customer shall thereby enter arrears without any further reminder (Section 286 II, No. 2 BGB). In this case, the customer must pay mail.de default interest of 5 percentage points above the European Central Bank base rate of interest for arrears. The customer's obligation to pay default interest shall not preclude mail.de from asserting further damages due to arrears.
Credit card payments will be processed PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, Germany - place of business: Kiel - district court Kiel HRB 6107; Managing director: Carl Frederic Zitscher, Jan Kanieß - A company of the Sparkassen - Finance Group
Individual functions of the mobile application may only be used if corresponding credit is available.
The customer shall also be obligated to pay fees that result due to authorised or unauthorised use of his/her account by third parties, unless the customer is not responsible for this use. The customer shall be responsible for proving that he/she is not responsible for this use.
If the legally regulated value added tax rate is changed, then mail.de shall be entitled to adjust the fees for goods or services that are delivered or provided within the scope of continuing obligations beginning with the time that the change to the value added tax rate takes effect.
If the fees or their components change (e.g. value added tax increases) at a time within the current billing month, then separate invoices shall be created for the service period from the start of the billing month up to the time of the change and for the service period from the time of the change to the end of the billing month.
In case of arrears, mail.de shall be entitled to stop the services and/or to block the customer's e-mail accounts immediately; the customer shall remain obligated to pay the agreed fee for the duration of this blocking period.
The customer may only offset claims by mail.de with counter-claims that are undisputed or legally valid. The customer may only exercise withholding rights if his/her counter-claim affects the same contractual relationship. The customer shall not be permitted to assign claims against mail.de to a third party.
The customer shall be obligated to pay mail.de the costs for a declined direct debit if the customer is responsible for the declined direct debit. In this case, mail.de shall charge a flat rate of €8.11, unless the customer is able to prove that the damage did not occur or that a lower amount of damage resulted.
6. Customer obligations and duties
The customer shall not be permitted to misuse the services offered by mail.de and must not violate legal prohibitions that violate good morals or the rights of third parties. He/she is acting on his/her own authority and hereby releases mail.de from any liability vis-a-vis third parties due to misuse.
6.1 The customer has the following duties in particular:
- The services provided may not be misused, in particular:
- No legally prohibited, unsolicited information, objects, and other services may be sent, e.g. unwanted and unsolicited advertising via e-mail, fax, telephone, or SMS, or dialling programs that are not legally compliant.
- No interference with telecommunications networks.
- No illegal contact made by means of telecommunications services (Section 238 of the German Penal Code, StGB).
- No information featuring illegal or immoral content may be transferred or uploaded to the Internet, no references to information of this kind may be made. This includes information as defined by Sections 130, 130a, and 131 StGB, which serves to incite the people, instructs on criminal offences, or glorifies or trivialises violence, information that is sexually offensive or pornographic within the context of section 184 StGB, could severely corrupt the morals of children or young people or to affect their welfare, or information that could damage the reputation of mail.de. The provisions of the State Treaty for the Protection of Minors in the Media (Jugendmedienstaatsvertrag) and the Youth Protection Act (Jugendschutzgesetz) must be complied with.
- It must be ensured that the use of individual functions, in particular creating or sending messages, does not cause damage of any kind to mail.de, other providers, or other third parties.
- National and international copyright, trademark, patent, naming and labelling laws and other commercial property rights and the personal rights of third parties must be respected.
- The customer shall not provide his/her personal access data (password) to third parties and shall protect this information to prevent access by third parties. Personal access data must be changed at regular intervals for security reasons. If there is any reason to assume that unauthorised people have obtained knowledge of the access data, then the customer must change this immediately. Personal access data may only be saved on data storage devices (hard disk, USB stick, CD-ROM, etc.) in encrypted form.
- The customer must backup their data in a suitable way at regular intervals to ensure that it may be recovered with a reasonable amount of effort.
- The customer shall be liable to mail.de for any damages that result due to a violation of the duties resulting from item 6.1 and hereby releases mail.de and its assistants from all claims by third parties. This shall not apply in case the customer is not responsible for the violation. The customer shall be responsible for proving that he/she is not responsible for the violation.
In case of severe violations of the customers duties or if there are reasonable reasons to suspect a violation of these duties in accordance with item 6.1, section a), then mail.de shall be entitled to block the respective services at the customer's cost or to remove the illegal information. In this case, the customer shall remain obligated to pay the monthly price. The right to terminate a contract without notice for an important reason shall remain unaffected.
mail.de shall not accept liability for mildly negligent violations of its obligations, provided damages due to loss of life, bodily injury, or health damages or any claims, regardless of fault (e.g. in accordance with the Product Liability Act), or other guarantees are not affected. Furthermore, the liability for violation of obligations that must be met to enable the contract to be executed correctly in general and that the customer may regularly rely on being met shall remain unaffected. The same shall apply to violations of obligations on behalf of our assistants.
If important contractual obligations are violated, then mail.de shall only be liable for foreseeable typical contractual damages, provided these were caused by simple negligence, unless the customer claims compensation for damages resulting from loss of life, physical injury, or damaged health.
The limitations in items 7.1 and 7.2 shall also apply in favour of the legal representatives and assistants of mail.de in case claims are enforced directly against them.
Any possible legally prescribed liability, regardless of fault, e.g. due to the Product Liability Act, shall remain unaffected by this.
8. Contract period, cancellation, blocking
Unless otherwise agreed explicitly, contracts can be cancelled by either party with a period of four weeks notice from the end of the month. If a minimum contract term has been agreed with the customer, then the contract shall extend by the minimum term, however only for a maximum of one year, in case it is not cancelled with four weeks notice prior to the expiry of the minimum contract term.
The usage relationship may be terminated by the customer in writing or by using the web-based administration area. mail.de may terminate the usage relationship in writing or in text form.
mail.de shall be entitled to terminate without notice if:
- The customer changes the address that he/she specified when concluding the contract and does not inform mail.de of his/her new valid address within 14 days without being requested to do so.
- The customer is in arrears for payment of fees up to an amount of at least two average monthly fees.
- The customer's e-mail traffic or the e-mail address used by the customer violates legal prohibitions/instructions or the morals and/or rights of third parties.
Termination shall take place following a warning from mail.de unless mail.de cannot be expected to maintain the contract for an important reason.
If termination without notice is declared by mail.de, then mail.de shall be entitled to claim an amount equalling 75% of the total of all monthly fees that the customer would normally have had to pay if the contract had been terminated with the appropriate notice during the contract period. The right of the customer to prove less damage shall remain unaffected by this.
If the contract is terminated for an important reason, then mail.de shall be entitled to block the customer's e-mail in-box.
Furthermore, mail.de reserves the right to block access to offers that are free of charge if the customer has not used the services actively for a period longer than 180 consecutive days.
Once termination becomes valid (after the contractual relationship ends), all of the customer's data, all settings, and access data for the products that have been cancelled shall be deleted.
9. Final provisions
The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply to contracts concluded between mail.de and the customer.
If the customer is a merchant, a legal entity according to public law, or a separate estate according to public law, then the jurisdiction for all disputes resulting from contractual relationships between the customer and mail.de shall be the domicile of mail.de.
The remainder of this contract shall remain legally binding even in case individual items are found to be invalid. If available, legal provisions shall stand in place of the invalid items. If this represents an unacceptable hardship for either of the contractual parties, then the entire contract shall nevertheless be rendered invalid.