General Terms and Conditions

1. Scope

(1) The following general terms and conditions (GTC) apply to all orders placed via https://zustellanschrift.de. The offer from ZustellAnschrift.de is aimed exclusively at self-employed sex workers. These terms and conditions also apply to future business relationships without our having to refer to them again.

(2) Deviating conditions on the part of the client are not recognized unless this has been agreed in writing.

2. Contractual partner, conclusion of contract

(1) The contracting party for the contract for the services provided by ZustellAnschrift.de is ZustellAnschrift24 GmbH, Zeppelinstraße 5, 89160 Dornstadt, represented by the managing director Christoph Rohr – hereinafter referred to as the contractor – and the client.

(2) The term “client” refers exclusively to self-employed sex workers (analogous to the definition of self-employed / entrepreneur in accordance with Section 14 of the German Civil Code). A self-employed sex worker is therefore a natural person who, when concluding a legal transaction, acts as a sex worker in their commercial or independent professional activity.

(3) Persons other than those mentioned in section 2 are excluded from using the ZustellAnschrift.de service.

(4) The contract is concluded when the client places a binding order for the selected products in the shopping cart by clicking the “order for a fee” button and the contractor accepts the order.

(5) The contractor can have the services to be rendered carried out in whole or in part by third parties.

3. Subject matter of the contract

(1) The subject of the contract is the acceptance of letters from the contractor on behalf of the client. For this purpose, the client receives a personal address with an individual field number so that the shipments can be clearly assigned. The contract also includes the following services:

The name is affixed to the mailbox system in the form of the first letter of the first name and the full name of the last name. The same applies when specifying an alias, unless it only consists of a name.
Opening letters and scanning the content.
Incoming mail and invoices from the client are transmitted digitally. The client will be informed of this by SMS and email at the latest within 48 hours of receipt on working days.
Archiving of the letters individually addressed to the client.
Destruction of the archived letters after the contract period has expired and consultation with the client.

The forwarding of the archived letters by post after the end of the contractual relationship to an agreed address can be ordered separately for a fee.

Furthermore, the client has the opportunity to deal with his commercial matters at the place of the delivery address. Office space is available for shared use by appointment. The necessary information and telecommunication devices (e.g. PC with internet access and printer) as well as storage options are available.

(2) Inadmissible shipments within the scope of this contract are small parcels, packages, advertising shipments, merchandise shipments, catalogs, customer cards, bank or credit cards and other shipping products corresponding or similar to the above-mentioned classifications. If the client nevertheless receives a corresponding shipment, he will be charged the costs of forwarding or destruction as well as a flat fee of 25 euros.

(3) The use of the assigned address as a registration address is not permitted.

4. Authorization and legal consequences

(1) The client authorizes the contractor to accept all items sent to his address for delivery. In addition to standard letters, this can also include all forms of registered mail, formal deliveries and similar types of delivery.

(2) In the case of consignments with additional services (e.g. registered mail, formal delivery), the client authorizes the contractor to confirm delivery at this point on his behalf as an authorized recipient. A later refusal of acceptance by the client is not permitted.

(3) With the acceptance of letters that trigger the deadline, the statutory period begins, even if the client only becomes aware of the letter or its content later.

(4) The client releases the contractor from maintaining the confidentiality of letters to the extent necessary to provide the agreed services, in particular by opening and digitizing mailings.

5. Client’s duty to cooperate

(1) The client is obliged to notify us immediately of any changes to his contact details (telephone, email, etc.). The contractor cannot be held liable for any disadvantages resulting from such a breach of duty.

(2) The client undertakes not to have any items that violate statutory or official prohibitions delivered to the ZustellAnschrift.

(3) When specifying the ZustellAnschrift, the client is obliged to always state the entire ZustellAnschrift including the field number. If the field number is not specified, an assignment may not be possible or may not be correct. This is especially the case if there are several names with the same name. If a clear assignment cannot be made, the consignment is returned to the sender with the note “recipient unknown”.

6. Term and Termination

(1) The regular term of the contract is either 12 or 24 months, depending on the booked term.

(2) The contract ends automatically when the contract period expires. A termination is not required.

(3) The contractor will contact the client in good time before the end of the contract term (usually two weeks in advance) and inform him of the end of the contract term.

(4) The client is free to extend the service of ZustellAnschrift.de. However, there is no obligation to do so.

(5) If the client does not extend his ZustellAnschrift, he undertakes to notify the competent authorities in good time before or immediately after the termination of the contractual relationship. This includes in particular the authority issuing the registration certificate and the tax office.

(6) The contractor has an extraordinary right of termination, which entitles him to immediate termination. He is entitled to this in particular in the event of gross violations by the client of the contractual agreements. A gross violation occurs particularly in the case of improper use of the ZustellAnschrift. These include, for example, violations of applicable law, multiple unauthorized deliveries (see No. 3, Item 2), the use of the delivery address for uses excluded according to No. 3, Item 3 of these General Terms and Conditions. In addition, the contractor has an extraordinary right of termination if the client fails to meet his payment obligations despite reminders with a deadline.

(7) In the event of gross negligence or willful misconduct on the part of the contractor in connection with the provision of his services, the client has an extraordinary right of termination.

(8) The contractor has the right, ten days after the client’s request, to destroy shipments that at his own discretion violate the contractual agreements, at the client’s expense. The same applies to programs with dangerous or illegal content, unless acceptance has already been refused.

7. Prices, payment and invoice

(1) The current prices for the services can be found in the price overviews on the website https://zustellanschrift.de.

(2) Payment for the services booked is due in advance for the entire duration of the contract when the contract is concluded.

(3) Invoices must be settled within 14 days, otherwise the client will automatically be in default even without a reminder.

(4) If the client is in default, the contractor reserves the right to partially or fully suspend his services.

(5) Invoices are only made available electronically.

8. Disclaimer of Liability

(1) The contractor is not liable if a delivery service refuses to hand over a letter despite proven power of attorney.

(2) If the client erroneously instructs the contractor to destroy consignments, the contractor cannot be held liable for this.

(3) The contractor is not liable for damage caused to the client by the destruction of consignments, provided that the contractor was entitled to do so based on contractual agreements.

(4) Claims for damages by the client in relation to the provision of the contractually agreed services, regardless of the legal reason, are excluded, unless the cause of the damage is based on a grossly negligent or willful breach of duty.

9. Data protection

(1) The protection of customer data has top priority.

(2) Information and the release of customer data to third parties are not made without the customer’s prior consent. This also applies to inquiries from authorities, unless there is a legal obligation to do so or a court order is issued.

(3) Incoming mail and invoices from the client are made available digitally and can be downloaded using SSL encryption. The client will be informed of this by SMS and email.

(4) The contracting parties undertake to treat as confidential all confidential information that they become aware of during the execution of this contract and to use it in accordance with data protection regulations only for contractually agreed purposes.

(5) The contracting parties shall oblige their employees, freelancers and other companies involved through them (independent and affiliated) accordingly.

(6) Even after the contract has ended, both contracting parties are obliged to maintain confidentiality.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

11. Final provisions

(1) The law of the Federal Republic of Germany applies, the contract language is German.

(2) The place of jurisdiction corresponds to the company headquarters of the contractor.

(3) The contractor can change the general terms and conditions at any time with effect for the future. In this case, the client receives the changes in writing and has the opportunity to object to the changes within a period of two weeks. Approval is deemed to have been given if the client has not given notice of rejection before the changes take effect. The ZustellAnschrift24 GmbH will refer to this tacit consent separately in its information about the change to the terms and conditions.

(4) If a provision of these general terms and conditions is or becomes invalid, this does not affect the validity of the remaining provisions of these general terms and conditions.

 

Status: 03/01/2021