Terms and Conditions
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Please note: This English version of our General Terms and Conditions is provided for convenience only. Only the German version is legally binding.
1.1 These General Terms and Conditions apply to all contracts between Dnkfbrk GmbH, trading under the brand “Geschäftsadressemieten.com” (hereinafter “Geschäftsadressemieten.com”), and its customers (each hereinafter a “User”) concerning the use of the services offered by Geschäftsadressemieten.com, in particular mail and scan services, virtual office services, coworking and office space, as well as supplementary services.
1.2 Deviating terms and conditions of the User shall not apply, even if Geschäftsadressemieten.com does not expressly object to their applicability in an individual case.
1.3 These General Terms and Conditions shall also apply to all future contracts of the same kind between Geschäftsadressemieten.com and the same User, without Geschäftsadressemieten.com having to refer to them again.
2.1 Depending on the package booked, Geschäftsadressemieten.com provides in particular the following services:
a) provision of a legally valid business address (an address at which documents can be legally served) or mailing address for use by the User at the location Pappelallee 64, 10437 Berlin, Germany, or at another location expressly specified in the respective service description
b) acceptance of mail items and their opening, digitization and forwarding
c) optional return or destruction of physical mail
d) use of office or conference rooms by arrangement. The availability of office and conference rooms cannot be guaranteed by Geschäftsadressemieten.com and depends on the respective capacities available
e) other supplementary services, insofar as they are agreed as part of the package booked or individually.
2.2 The specific scope of services is determined by the service description of the respective package booked that is valid at the time the contract is concluded.
2.3 The User undertakes to use the address provided by Geschäftsadressemieten.com exclusively to the extent provided for in the contract. Permitted purposes include in particular use as a business address and mailing address, as a contact address in the imprint (legal notice), privacy policy, cancellation policy and comparable mandatory disclosures, on invoices and business letters, and in the User's public-facing presence, for example on websites and in social media profiles, insofar as this corresponds to the package selected and the use is legally permissible.
2.4 Depending on the package booked, the service description may provide that the address may additionally be used for the purposes of business registration, for registrations in the commercial register and for listings and profiles on online platforms such as Google Business Profile. Whether this applies to the package selected is determined by the service description on the website of Geschäftsadressemieten.com that is valid at the time of booking.
2.5 Notwithstanding the foregoing provisions, use of the address to register a permanent establishment or as the place of management within the meaning of tax law or trade law is not permitted if the User does not carry out any actual business activity at the respective location. The User is obliged to provide accurate information to authorities, in particular tax offices and trade offices, and must not present Geschäftsadressemieten.com as its own registered office if it does not actually conduct any business activities there. Any tax or legal disadvantages incurred by Geschäftsadressemieten.com as a result of a breach of this obligation shall be borne by the User.
2.6 Geschäftsadressemieten.com is entitled to change the actual mailing address or the location of the business address, insofar as the contractually promised service continues to be available to the User to a reasonable extent. Geschäftsadressemieten.com shall inform the User of this in good time in text form. The User is obliged to update the changed address without undue delay on all of its own websites, business documents and listings.
2.7 The use of the address provided by Geschäftsadressemieten.com for purposes not contractually agreed, in particular for domains, projects or companies that have not been approved, is not permitted and may constitute good cause for extraordinary termination of the contract by Geschäftsadressemieten.com.
3.1 The presentation of the packages offered by Geschäftsadressemieten.com on the website does not constitute a binding offer, but rather a non-binding invitation to the User to submit an offer to conclude a contract.
3.2 The User selects a package, goes through the ordering process, enters the data requested there and is then taken to a payment page of an external payment service provider. By clicking on a correspondingly labeled button such as “Subscribe now” or a comparable unambiguous wording, the User submits a binding offer to conclude a subscription contract with Geschäftsadressemieten.com.
3.3 The contract is concluded when Geschäftsadressemieten.com expressly accepts the User's offer by email, activates access to the booked services or sends the User an invoice for the booked services. The contract details are made available to the User in the customer area and/or by email. The User is obliged to check this information and to report any discrepancies without undue delay.
3.4 The User expressly agrees that Geschäftsadressemieten.com will begin providing the services immediately after the contract is concluded. The User confirms that it is aware that it thereby loses its statutory right of withdrawal as soon as Geschäftsadressemieten.com has fully performed the service or, as the case may be, has begun performing the service.
4.1 A prerequisite for the acceptance, opening and processing of mail items is that the User has granted Geschäftsadressemieten.com a postal power of attorney and has successfully completed the identity verification required under Clause 9.6. In the absence of a valid postal power of attorney, or while verification is pending, Geschäftsadressemieten.com is entitled to refuse items, to have them returned to the sender or to hold them exclusively for collection in person.
4.2 When booking the Starter or Pro service, the User undertakes to have its mail addressed exclusively as follows:
[User's name] c/o GAM Management, Pappelallee 64, 10437 Berlin.
When booking the Expert service, the User undertakes to have its mail addressed exclusively as follows:
[User's name], Pappelallee 64, 10437 Berlin.
Geschäftsadressemieten.com is thereby the legally authorized recipient of the mail items.
4.3 The User hereby grants Geschäftsadressemieten.com a comprehensive power of attorney within the meaning of Sections 164 et seq. and 185 of the German Civil Code (BGB) as well as the German Postal Universal Service Ordinance (PUDLV) and other relevant provisions. This power of attorney entitles Geschäftsadressemieten.com to accept, open, digitize and forward all mail items in the name of the User.
4.4 In addition, the User hereby grants Geschäftsadressemieten.com an express authorization to accept service pursuant to Sections 171 and 174 of the German Code of Civil Procedure (ZPO) for the receipt of formal service of documents. This authorization covers in particular:
– service pursuant to Sections 166 et seq. ZPO, including statements of claim, payment orders, court summonses, judgments, orders and other court documents;
– service pursuant to the German Administrative Service of Documents Act (VwZG), including administrative notices from tax offices, public order offices, trade offices and other authorities;
– service by bailiffs pursuant to Sections 192 et seq. ZPO;
– all other legally binding statements, declarations of intent and administrative notices whose receipt triggers legal consequences.
Geschäftsadressemieten.com is entitled to accept service of the aforementioned documents in the name of the User, to sign for them and to confirm their receipt. Service shall be deemed to have been validly received by the User upon acceptance by Geschäftsadressemieten.com.
4.5 Geschäftsadressemieten.com undertakes to notify the User of every formal service of documents without undue delay, but at the latest on the next business day after receipt, by email or via the online portal provided. Depending on the package booked, the notification comprises a digitized copy of the document served or its immediate forwarding by post.
4.6 The User acknowledges that, under the statutory provisions, formal service is deemed to have been effected upon acceptance by the authorized recipient for service. Delays in forwarding by Geschäftsadressemieten.com to the User do not change the time at which service becomes effective. The User is therefore obliged to keep its contact details up to date at all times and to check incoming notifications from Geschäftsadressemieten.com promptly.
4.7 The power of attorney also expressly includes the right of Geschäftsadressemieten.com to open items with special security features – such as PIN letters from banks or authorities, letters with scratch-off panels or comparable sealed communications – and to transmit their contents to the User.
4.8 Within the scope of the selected plan, the User has the option of booking and using the workspaces (coworking), meeting rooms and workshop rooms available on site, subject to availability. The User's company name will be visibly affixed – insofar as the User so wishes and its plan provides for this – in the entrance area, on the doorbell panel or on the mailbox system at the business address.
4.9 Geschäftsadressemieten.com records the acceptance of formal service, stating the date, time, type of service and sender. This documentation will be made available to the User upon request. The User is obliged to inform Geschäftsadressemieten.com without undue delay of any changes to its contact details (in particular email address, telephone number and address).
4.10 The User shall indemnify Geschäftsadressemieten.com against all damage and disadvantages arising from the User failing to respond, or failing to respond in time, to a notification of formal service.
4.11 The powers of attorney granted in this Clause 4 apply for the duration of the contractual relationship and end automatically upon its termination. Early revocation of the power of attorney by the User is possible at any time in text form, but only takes effect upon receipt by Geschäftsadressemieten.com. Once the revocation has taken effect, Geschäftsadressemieten.com is no longer authorized to accept service of documents and mail for the User. In this case, the User is obliged to register the change of its business address without undue delay.
4.12 The User expressly acknowledges that (a) the digitization and electronic transmission of mail items corresponds to the purpose of the contract; (b) formal service is deemed to have been validly received by the User upon acceptance by Geschäftsadressemieten.com; (c) the User itself is responsible for taking note of, and responding to, documents served in good time.
5.1 Depending on the package selected, incoming mail is forwarded physically or is opened and digitized by Geschäftsadressemieten.com and made available to the User by email, insofar as the User has booked the corresponding service.
5.2 Unless otherwise agreed, physical originals are retained for the term of the contract. Thereafter, they are either returned to the User for a fee or, upon request, destroyed in compliance with data protection law.
5.3 Geschäftsadressemieten.com is entitled to refuse to accept certain types of items. These include in particular items containing dangerous goods or perishable goods, parcels weighing more than ten kilograms and items with recognizably unlawful content. In these cases, Geschäftsadressemieten.com may refuse to accept the item or arrange for it to be returned. Any costs of returning the item shall be borne by the User.
5.4 After the end of the contract or after expiry of a storage period defined in the current price list, Geschäftsadressemieten.com is entitled to destroy items that have not been collected or cannot be delivered. The User has no claim to further storage thereafter.
5.5 The risk of accidental loss or accidental deterioration of the item passes to the User as soon as Geschäftsadressemieten.com has handed the item over to the respective transport service provider. Geschäftsadressemieten.com is obliged to exercise due care in selection and handover, but is not liable for delays or errors of the transport service provider unless there is intentional or grossly negligent conduct on the part of Geschäftsadressemieten.com.
6.1 The User is obliged to provide all information required for the provision of the services completely and truthfully. This includes in particular the name or company name, the full private or company address, an email address and telephone number at which the User can be reached and, where applicable, proof of identity and of entrepreneur status.
6.2 The User shall notify Geschäftsadressemieten.com of any changes to this data without undue delay.
6.3 The User is obliged to regularly check the communication channels it uses, in particular the email address on file and the customer area, in order to take note of documents served, notices and deadlines.
6.4 Before the services commence, the User shall submit the required signed postal power of attorney and, if necessary, a data processing agreement pursuant to Article 28 of the General Data Protection Regulation (GDPR).
6.5 The User shall ensure that the use of the business address does not infringe any rights of third parties or disregard any official or statutory requirements. This applies in particular with regard to company law, trade law and tax law.
7.1 Geschäftsadressemieten.com is entitled to engage subcontractors.
7.2 Geschäftsadressemieten.com obliges subcontractors in writing to comply with the GDPR and is liable for their actions as for its own fault, unless slight negligence is involved.
8.1 The remuneration is based on the plan agreed upon conclusion of the contract and on the price list on the website of Geschäftsadressemieten.com valid at the time the contract is concluded.
8.2 Depending on the billing method selected, invoices are due monthly or annually in advance. In the case of annual payment, the entire annual amount becomes due at the beginning of the contract term.
8.3 Payment is made using the payment methods of external payment service providers offered in the ordering process. The terms and conditions of the respective payment service providers apply in addition.
8.4 Invoices are made available to the User exclusively in electronic form in the customer area and/or by email.
8.5 Returned direct debits or dishonored payments result in a handling fee of EUR 10.
8.6 In addition to the basic remuneration, handling and shipping costs are payable in accordance with the current price list, insofar as these are not expressly included in the package price. These include in particular fees for the acceptance, forwarding and storage of parcels and for consolidated shipments. The prices applicable at any given time are set out in the price information on the website of Geschäftsadressemieten.com and may be adjusted by Geschäftsadressemieten.com with effect for the future.
8.7 Unless otherwise stated, all prices are net prices plus statutory VAT.
8.8 If the User is in default with the payment of remuneration due, Geschäftsadressemieten.com is entitled, after an unsuccessful reminder setting a reasonable deadline and prior notice in text form, to suspend the provision of ongoing services, in particular digitization (scan service), physical mail forwarding and the use of premises, until all claims due have been settled in full, and to claim default interest at the statutory rate.
8.9 During the suspension, Geschäftsadressemieten.com continues to accept incoming items and stores them in accordance with Clause 5. The User will be informed of the receipt of items, stating the sender and date of receipt; the obligation to give notification of formal service under Clause 4.5 remains unaffected by the suspension. The receipt of items and of documents served continues to be governed by Clause 4.6; the User's deadlines run irrespective of the suspension.
8.10 The User may at any time request that the stored mail be sent to the address it has provided, against reimbursement of the handling and shipping costs in accordance with the current price list. Once the claims have been settled in full, Geschäftsadressemieten.com resumes the provision of services and, without undue delay, carries out the outstanding digitization or forwarding, as the case may be, of the items stored in the meantime. The rights of termination under Clause 8.11 and Clause 9.5 remain unaffected.
8.11 After two unsuccessful requests for payment, Geschäftsadressemieten.com is entitled to terminate the contract for good cause without notice.
9.1 Depending on the User's choice, contracts are concluded on a monthly or annual basis. The minimum term depends on the package selected and is displayed during the ordering process.
9.2 Monthly contracts may be terminated with a notice period of 14 days to the end of the month.
9.3 Annual contracts may be terminated with a notice period of one month to the end of the respective contract term. If the contract is not terminated in due time, it is automatically renewed in each case for the originally agreed term.
9.4 Notices of termination must be given in text form. They may be declared in particular via the customer area, by email to the email address designated as the official contact address in the imprint (legal notice) or in the customer area, or in writing to the mailing address stated there.
9.5 The right to extraordinary termination for good cause remains unaffected. Good cause exists for Geschäftsadressemieten.com in particular if the User uses the address provided by Geschäftsadressemieten.com for obviously unlawful purposes, repeatedly fails to make payments due despite reminders, or fails to submit required documents such as the postal power of attorney or proof of identity despite being requested to do so.
9.6 Identity verification by means of a valid identity card or passport is a mandatory part of the contract. If the User refuses verification or does not complete it successfully, this shall be deemed a breach of contract. In such cases, and in general, there is no entitlement to a refund of payments already made, as the service is provided immediately after conclusion of the contract. In these cases, Geschäftsadressemieten.com is also entitled to terminate the contract for good cause.
9.7 Upon the end of the contract, the User's right to use the business address of Geschäftsadressemieten.com expires. The User is obliged to remove all uses of the address without undue delay. If the User nevertheless continues to use the address after the end of the contract, Geschäftsadressemieten.com may charge a usage fee in the amount of the most recently agreed package price for the duration of such use and may, in addition, assert further claims for damages.
10.1 In the event of slight negligence, Geschäftsadressemieten.com is only liable for damage resulting from the breach of material contractual obligations. Material obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.
10.2 Liability for indirect damage, loss of profit or consequential damage is excluded.
10.3 Liability under the German Product Liability Act and for injury to life, body or health remains unaffected.
10.4 Geschäftsadressemieten.com assumes no liability for damage arising from mail items not being delivered, or being delivered late or incorrectly, by third parties such as Deutsche Post, parcel services or banks. The same applies to damage resulting from special types of shipment such as PIN letters or other specially secured items, insofar as Geschäftsadressemieten.com has not acted intentionally or with gross negligence.
10.5 Furthermore, Geschäftsadressemieten.com is not liable for errors caused by technical malfunctions, faulty scans or transmission problems during the digitization and forwarding of mail, insofar as Geschäftsadressemieten.com has not acted intentionally or with gross negligence.
10.6 The above limitations of liability apply accordingly to the personal liability of the employees, statutory representative bodies and other agents of Dnkfbrk GmbH.
11.1 The User is only entitled to a right of set-off if the counterclaim is undisputed or has been established with final and binding effect.
11.2 The User is only entitled to a right of retention insofar as its counterclaim is based on the same contractual relationship.
12.1 Geschäftsadressemieten.com processes the User's personal data exclusively in accordance with the GDPR and the German Federal Data Protection Act (BDSG).
12.2 The User authorizes Geschäftsadressemieten.com to make incoming mail available in digitized form by email and/or via a secure online portal.
13.1 Geschäftsadressemieten.com is entitled to adjust the scope of services of the packages within reasonable limits, provided that the services do not thereby fall significantly below the contractually promised level of service. Such adjustments may become necessary in particular in order to adapt the services to technical developments or legal requirements.
13.2 Geschäftsadressemieten.com is entitled to amend these General Terms and Conditions with effect for the future if there is an objective reason for doing so. An objective reason exists in particular in the event of changes in legislation, changes in case law, regulatory requirements or the expansion or adaptation of functions and services.
13.3 Amendments to the General Terms and Conditions will be communicated to the User in text form at least four weeks before their planned entry into force. If the User does not object to the amendments within four weeks of receipt of the notification, the amendments shall be deemed accepted. Geschäftsadressemieten.com will specifically draw the User's attention to this legal consequence in the notification of amendment.
13.4 In the event of a timely objection, Geschäftsadressemieten.com remains entitled to terminate the contractual relationship with effect from the date on which the amended terms are to enter into force.
14.1 There is no right of withdrawal, as Geschäftsadressemieten.com begins performing the services immediately after conclusion of the contract and the User has expressly consented to such performance in accordance with Section 356 (4) BGB.
15.1 German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 To the extent legally permissible, the place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of Dnkfbrk GmbH, currently Berlin.
15.3 Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision shall be deemed agreed. The same applies to any gaps in the contract.
15.4 In such a case, the parties undertake to agree on a legally valid provision that comes as close as possible to the economic purpose of the invalid provision.
