General Terms and Conditions of Business
In case of differences between the German and English version of these Terms and Conditions, only the German version shall be decisive and applicable. The English version is only a translation for convenience.
1. General, scope of application
1.1 These General Terms and Conditions of Business govern the use of services provided by wundertax GmbH, Berliner Str. 80-82, 13189 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 shall apply exclusively. Any varying, supplementary or conflicting terms and conditions 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 both free and paid services (hereinafter referred to as “services”). Users who registered for a free membership have the opportunity to use our free services. By concluding a contract for paid services, the registered customer, in addition to the free membership conditions, enters into a further contractual relationship with wundertax in accordance with these terms and conditions.
2.2 The customer must register with a valid email address and password of their own choice. The contractual relationship is personal and cannot be transferred to another person. The customer is obliged to provide accurate and complete information during their registration.
2.3 The customer’s habitual residence must be in Germany and they must be subject to pay tax in Germany. The customer must be contractually capable or act with the consent of their legal representative.
2.4 By registering through this portal, the user can access wundertax GmbH’s additional portals without an additional registration. If the user to chooses to use 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 The scope of services offered by wundertax is set forth in the annex: Description of Services Complying with these General Terms and Conditions.
3.2 A customer with a free membership may only use the arranged free services. Upon conclusion of a fee-based contract, the customer may use the fee-based arranged services.
3.3 The fee-based services provided by wundertax include the provision of a web-based tool that enables customers to submit their tax returns individually without being required to install a program on their computer or download a mobile application.
3.4 If the customer’s local tax office allows tax returns to be submitted in electronic form, wundertax can be commissioned to submit the tax return on behalf of the customer as a free additional service.
3.5 The services provided by wundertax do not include or replace tax consulting services. The information, clarification, tips, and examples that are displayed while entering your data are general explanations. These refer to normal tax cases and provide the customer with a general structure, they are not tailored towards individual or case-related circumstances (such as specific study situations). Furthermore, our services do not include any substantive examination of the data that you enter. In particular, wundertax does not extensively check the soundness or completeness of the customer’s submitted data. Any questions or any ambiguities related to the customers individual data must be clarified with a tax consultant.
3.6 The tax refunds and tax arrears calculated by our tax return preparation application are non-binding estimates of the approximate value. The tax liability calculated by wundertax is exclusively based on the entered data in compliance with applicable German tax laws and their respective calculations. Any other interpretations of these tax regulations cannot be observed and are not covered by wundertax’s services.
3.7 Wundertax makes every effort to ensure that our services are available to our customers around the clock; however, we cannot guarantee that our services are available at all times. We can 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 errors or other issues that are beyond wundertax’s control (such as force majeure or a third-party fault). Access to our services may be limited temporarily if the security of the network operation or the maintenance of the network integrity is endangered. We reserve the right to temporarily suspend our services for maintenance which would be announced on our website 24 hours in advance. This does not apply in cases of shutdowns for urgent and necessary reasons or shutdowns for updates, patches, or modifications. Other software that we use may result in short-term interruptions in service operations due to the necessary server restart. For this reason, we recommend that our customers observe deadlines in good time.
4. Fee-based contracts, conclusion of contracts, offsetting, prices
4.1 The customer can select their desired fee-based service by clicking on it. Before concluding a fee-based contractual relationship according to statutory provisions, the customer is provided with information regarding the content of the respective fee-based service as well as pricing and terms of payment. By pressing the “buy now” button, the customer makes a binding offer which concludes a contract for the agreed services.
4.2 When the customer places an order it will be immediately confirmed electronically (per e-mail) by wundertax in accordance with statutory provisions. This does not yet constitute an acceptance of the customer’s offer. Once wundertax accepts the offer, the contract will be concluded through an express declaration of acceptance or through provision of the ordered services.
4.3 Input errors can be corrected by using your keyboard and mouse up until you click on the confirmation button which confirms your order. The contract, in accordance with statutory provisions, will then be made available to you, further storages will not be made after concluding the contract. The contract will be concluded in English.
4.4 The user is only entitled to a compensation from wundertax if their claim has been legally established, is ready for a decision, or has not been disputed by wundertax. The user only has a right of retention if their claim is based on the same contractual relationship. If there are defects in wundertax’s services, the customer’s statutory rights to make a claim remain unaffected.
4.5 The agreed charges include statutory VAT and are the final prices. Payment can only be made by one of the agreed upon methods when placing an order.
5. Customer duties and responsibilities
5.1 The customer takes on the responsibility to exclusively use wundertax’s services for purposes that do not violate these general terms and conditions or applicable laws.
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 their automatically prepared tax return before submitting it to the tax office. For this purpose, wundertax provides the customer with the data that will be transmitted and requests approval prior to submitting the automatically prepared tax return to the tax office. If the customer commissions wundertax to submit the tax return to the tax office, they confirm before the transmission that they have carefully checked the automated tax return and that all information provided is complete and correct. If the customer submits the tax return themselves, they confirm that the information they provided is correct by their signature on the tax return.
5.4 Legal deadlines are not monitored by wundertax and it is up to the customer to uphold those deadlines. We do point out that the legally mandatory customer identification and data transmission adds additional processing time. The customer’s documents will be checked for identity verification by wundertax within 48 hours of receiving it. This time period applies on working days and is extended accordingly on Saturdays, Sundays, and public holidays.
5.5 To avoid missing deadlines, customer’s must send their tax return prepared by our application in a timely manner as well as submit it timely to the tax office or commission wundertax with the submission with enough time in advance of the deadline.
5.6 The customer is obligated to create secure copies of the data entered and keep them available in order to avoid data loss.
6. Users’ statutory cancellation rights
Please note the information below concerning users’ statutory cancellation rights.
7.1 Within the scope of the contract, wundertax shall only be liable for damages to the user (1) which wundertax, its legal representatives, or vicarious agents have caused intentionally or through gross negligence, (2) from injuries to life, body or health which are based on a breach of duty by wundertax, one of its legal representatives, or vicarious agents, (3) in cases of liability according to the Product Liability Act, from the assumption of a guarantee or due to fraudulent misconduct and (4) which have arisen due to the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and which the user relies on.
7.2 In cases (1), (2), and (3) of the preceding paragraph, wundertax shall be liable for an unlimited amount. Otherwise, the claims for damages are limited to the foreseeable, contract-typical damage.
7.3 In cases that are not mentioned in paragraph 1 and do not have prejudice to the following paragraph, wundertax’s liability – irrespective of the legal grounds – is excluded.
7.4 The aformentioned liability limitations apply accordingly to all employees, legal representatives, and vicarious agents of wundertax. They do not effect a change in the legal burden of proof.
8. Data protection
wundertax observes the statutory data protection provisions in its offer operations. Details on how your personal data is processed can be found in our data protection information.
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 in the remaining parts. If this constituted an unreasonable hardship for one of the contracting parties, the contract as a whole becomes invalid.
You have the right to revoke your contract without stating a reason if this is done within the revocation period, which amounts to 14 days after concluding the contract.
To revoke your contract, you must inform us (wundertax GmbH, Berliner Str. 80-82, 13189 Berlin, e-mail: [email protected]) about your decision to cancel your contract by providing a clear declaration (e.g. a letter sent per post, fax, or e-mail). You can use the provided cancellation declaration model form (Muster-Widerrufsformular); however, it is not required to use the model.
Your declaration to cancel your contract must be sent within the cancellation period in order to meet the cancellation deadline.
Aftermath of cancellation
If you decide to cancel your contract, we will reimburse you for all payments you have made, including delivery costs (except additional costs from chosen deliveries that aren’t the cheapest standard delivery that we offer), without delay and within 14 days of receiving your declaration of contract cancellation. You will be reimbursed by the same method which you made your payments unless another method was agreed upon with you. In no case will you be charged for this reimbursement.
If you requested that services begin during the cancellation period, a reasonable amount must be paid that corresponds to the services already provided up to the point which you notified us that you would like to cancel the concluded contract. The already provided services are compared to the complete scope of services provided in the contract.
End of cancellation policy
We would like to point out that cancellation rights for a contract that provides services in accordance with § 356 Paragraph 4 Sentence 1 of the German Civil Code (BGB) expires if the contractor has provided the services in full and only begun to provide services after the customer gave their express consent as well as confirmed and acknowledged that they lose their cancellation right upon the contractor fulfilling the contract and provided services.