General Terms and Conditions of Business
1. General, scope of application
1.1 These General Terms and Conditions of Business govern the use of the service provided by wundertax GmbH, Skalitzer Str. 33, 10999 Berlin (hereinafter referred to as “wundertax” or “we”) for Germantaxes.de by the customer (hereinafter referred to as “customer” or “you”).
1.2 These General Terms and Conditions of Business shall apply exclusively. Any varying, supplementary or conflicting terms and conditions of business will not be accepted. This also applies if we do not expressly object to their inclusion.
2. Contractual relationships, registration, registration requirements
2.1 wundertax offers customers free and paid services (hereinafter referred to as “services”). Users registered for free membership have the opportunity to order and use our free services. By concluding a contract for paid services, the registered customer, in addition to the free membership, enters into a further contractual relationship with wundertax in accordance with these terms and conditions of business.
2.2 To register, the customer must have a valid e-mail address and a password of his or her own choice. The contractual relationship is personal and not transferable. The customer is obliged to provide true and complete information for registration.
2.3 Our services are exclusively aimed at users who wish to use the application offered by us for preparing tax returns. The customer must have his or her habitual residence in Germany and must be subject to taxation in Germany. He or she must have unlimited legal capacity or must act with the consent of his or her legal representative.
2.4 Through registering on this portal the user can access additional portals of wundertax GmbH without an additional registration. In case the user is using one of the additional portals the respective terms and conditions apply.
3. Scope of services, exclusion of tax consulting services, availability of services
3.1 Within the free membership, the user may only use the free services that are agreed. Within the conclusion of a fee-based contract, the customer may use the paid services that are agreed.
3.2 Within the scope of the paid services, the services provided by wundertax include the provision of web-based tax software for the independent preparation of tax returns, which does not require installation on the customer’s computer or terminal.
3.3 If the tax office responsible for the customer accepts the data of his or her tax assessment in electronic form, it is possible to commission wundertax to submit the tax return to the tax office on behalf of the customer as a free additional service.
3.4 The services provided by wundertax do not include tax consulting services and do not replace such services. All information, clarifications, tips and examples that may be displayed when entering your data are general explanations. They refer to normal tax cases without consideration of individual or case-related circumstances (for example, the customer’s specific situation) and are intended to inform the customer of a possible structuring. Furthermore, our services do not include any substantive examination of the data that you enter. In particular, wundertax does not check the soundness and completeness of the submitted tax return for the customer. Questions or any ambiguities, e.g. in connection with the input of data relevant for the tax return, must be clarified by the customer with a tax consultant.
3.5 Insofar as the expected tax arrears and tax refunds are calculated within the use of our tax return preparation application, these refer to a non-binding estimate of the approximate value. Wundertax calculates tax liability exclusively on the basis of the data entered based on the applicable German tax laws and the calculation rules contained therein, whereby any scope of interpretation in the interpretation of the tax regulations cannot be taken into account and is not covered by the services provided by wundertax.
3.6 Wundertax makes every effort to ensure that our services are available to our customers around the clock. However, we cannot guarantee availability at all times. We guarantee that our server is available 99.8% of the time on an annual average. This does not include announced maintenance work and times when our server is unavailable due to technical or other problems beyond wundertax’s control (for example, in case of an event of force majeure or third-party fault). Insofar as the security of the network operation or the maintenance of the network integrity is endangered, access to our services may be limited temporarily. We reserve the right to temporarily suspend our maintenance and organizational services, with such maintenance being announced on our website 24 hours in advance. This does not apply in cases of shutdowns for urgently necessary reasons or shutdowns within the scope of updates and patches, modifications or other software that we use, which, due to the necessary server restart, may result in short-term interruptions in server operation.
4. Contracts for fee-based services, conclusion of a contract, set-offs, prices
4.1 The customer can select the desired fee-based service by clicking on it. Before concluding a fee-based contractual relationship in accordance with statutory provisions, the customer is provided with information regarding the content of the respective fee-based service, the prices and the terms of payment. By pressing the “buy now” button, the customer makes a binding offer to conclude a contract for the service that is agreed.
4.2 Wundertax will confirm receipt of the customer’s order electronically (by e-mail) immediately in accordance with the statutory provisions. This does not yet constitute acceptance of the customer’s offer. The contract is only concluded with wundertax’s acceptance by means of an express declaration of acceptance or by means of the provision of the ordered service within two working days. Insofar as the customer has used our application menu guidance to select the option for submission through wundertax, by concluding the contract, the customer commissions wundertax with the transmission of his or her tax return to the tax office.
4.3 You can correct input errors using the keyboard and mouse in the input fields until you click on the confirmation button concluding the order dialog. The contract text will be made available to you in accordance with the statutory provisions. We do not undertake any further storage after conclusion of the contract. The conclusion of contract is in English.
4.4 The user is only entitled to a set-off against wundertax if his or her counter-claim has been legally established, is ripe for decision or is not disputed by wundertax. The user has a right of retention only if and insofar as his or her counterclaim is based on the same contractual relationship. In the case of any defects of our services, the customer’s legal rights remain unaffected.
4.5 The fees that are agreed include statutory VAT and constitute end prices. You may only use the payment options agreed upon and indicated upon your order.
5. Customer obligations and responsibilities
5.1 The customer undertakes to use the offer and the services provided by wundertax only in a manner and for purposes that do not violate these terms and conditions of business or applicable law.
5.2 You are responsible, solely and without limitation, for all information, data, text and other materials stored or transmitted by you while using our services.
5.3 The customer is obliged to carefully check the automated tax return before submitting it to the tax office. For this purpose, wundertax provides the customer with the data to be submitted for review and approval before submitting the automated tax return to the tax office. If the customer entrusts wundertax with the transmission of the tax return, the customer confirms that he or she has carefully examined the automatically produced tax return and that the information provided by him or her is complete and correct before the transmission. If the customer submits the tax return himself or herself, with his or her signature on the tax return, the customer confirms to the tax office that the information provided by him or her is accurate.
5.4 Wundertax does not monitor any statutory deadlines for the customer. The customer is solely responsible for compliance with statutory time periods. Wundertax points out that the legally required customer identification requires additional processing time, in addition to the mere transfer of data. Wundertax will check the documents submitted by the customer for identity verification within 48 hours of receipt. This period only runs on weekdays and is extended accordingly on Saturdays, Sundays and public holidays.
5.5 In order to avoid missing deadlines, the customer must submit the tax return issued by our application in due time. To adhere to the period of transmission, the customer is responsible for the timely transmission of the tax return to the tax office or for the timely assignment of the transmission to wundertax.
5.6 The customer is obliged to make backup copies of the data entered in order to avoid data loss.
6. Users’ statutory right of cancellation
Please note the information on the statutory right of cancellation for users below.
7.1 Within the scope of the contract, wundertax is liable only for damages to the user (1) caused by wundertax or its legal representatives or vicarious agents intentionally or through gross negligence, (2) arising from an injury to life, body or health, which is based on a breach of duty by wundertax or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, arising from the assumption of a guarantee or fraudulent misrepresentation and (4) that arise from the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the user regularly trusts and can rely.
7.2 Wundertax is liable in cases (1), (2) and (3) of the preceding paragraph. Otherwise, the claim for damages is limited to foreseeable damages that are typical for this type of contract.
7.3 In cases other than those referred to in section 1 and without prejudice to the following paragraph, the liability of wundertax is barred - regardless of the legal grounds.
7.4 The preceding limitations of liability shall apply mutatis mutandis to all of wundertax’s governing bodies, employees and vicarious agents. They do not entail any change to the statutory burden of proof.
8. Data protection
9. Final provisions
The contract remains binding in its remaining parts even if individual provisions become invalid. If available, statutory provisions will replace the invalid provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole becomes invalid.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of the contract.
In order to exercise the right of cancellation, you must notify us by means of a clear statement (e.g., a letter sent by post, fax or e-mail, sent to: wundertax GmbH, Skalitzer Str. 33, 10999 Berlin, e-mail: [email protected], telephone: 030 12 085 621) regarding your decision to cancel this contract.
You can use the cancellation form sample (https://steuererklaerung.wundertax.de/widerrufsformular.pdf); however, this is not required.
In order to protect the cancellation period, it is sufficient for you to send the notification regarding the exercise of the right of cancellation prior to the expiration of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will provide you with any payments we may have received from you, including delivery charges (except for the additional costs arising from your choosing a different type of delivery than the best standard delivery we offer), to be repaid immediately and, at the latest, within fourteen days from the date on which we receive the notice of your cancellation of this contract. For this repayment, we will use the same means of payment as you used in the original transaction, unless otherwise expressly agreed. You will not be charged for this repayment fee in any case.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided at the time you informed us of the exercise of the right of cancellation regarding this contract, in comparison to the total volume of services provided in the contract.
End of cancellation instruction
We point out that the right of cancellation of a contract for the provision of services in accordance with § 356, para. 4, s. 1 of the German Civil Code (BGB) expires even if the contractor has completed the service and has begun the execution of the service only after the user has given his express consent and, at the same time, has confirmed his knowledge of the fact that he loses his right of cancellation upon the contractor’s full performance of the contract.