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fileeeBox AGB

§1 GENERAL & SCOPE OF APPLICATION

The following General Terms and Conditions for the fileeeBox of fileee GmbH, Windthorststraße 68, 48143 Münster (hereinafter referred to as "fileee"), are an integral part of all contracts regarding the fileeeBox offered on fileee.com (hereinafter referred to as the "Website"). These General Terms and Conditions for the fileeeBox are to be considered as a supplement to the existing General Terms and Conditions of fileee and come into force additionally when using the fileeeBox.

§2 SUBJECT MATTER OF THE CONTRACT

  1. The product fileeeBox is offered exclusively to consumers within the meaning of § 13 BGB (German Civil Code) (hereinafter referred to as "Users"), i.e. natural persons who conclude a legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. Any commercial use of the fileeeBox requires the written consent of fileee.
  2. The user purchases the fileeeBox from fileee, with which he can scan and save his documents directly into his fileee account in the comfort of his own home. The scanned documents are collected in a box. An intelligent marking system ensures that each individual sheet can be found again at a later date if the original document is needed.
  3. The use of the fileeeBox functions is only possible for registered fileee users.

§3 SCOPE OF SERVICES & FORMATION OF THE CONTRACT

  1. In order to enter into a contractual relationship with fileee, the User must create or have a free account in the fileee system. Registration in the fileee system is subject to the provisions of the General Terms and Conditions of fileee, in particular §3. The General Terms and Conditions are available at www.fileee.com/agb.
  2. The presentation of the fileeeBox on the website does not constitute a legally binding offer of contract on the part of fileee, but only a non-binding invitation to the User to order goods. By ordering the fileeeBox, the User submits a binding offer to conclude a purchase contract.
  3. The order is placed in the following steps:
    1. Selection of the fileeeBox
    2. Confirm by clicking the "Add to shopping cart" button
    3. Checking the information in the shopping cart
    4. Pressing the "Proceed to checkout" button
    5. Login to the Internet shop after registering and entering the user data (e-mail address and password).
    6. Re-check or correct the respective data entered.
    7. Binding submission of the order by clicking on the button "Order subject to payment".
  4. Before the binding submission of the order, the user can return to the website on which the user's details are recorded and correct input errors by pressing the "Back" button contained in the internet browser used by him/her after checking his/her details. The user also has the option of correcting input errors by revising the information by clicking on the respective "Edit" button before submitting the order. In addition, the user can cancel the order process at any time by closing the internet browser or the website.
  5. fileee confirms receipt of the order immediately by means of an automatically generated e-mail ("order confirmation"). With this we accept your offer.
  6. The General Terms and Conditions, cancellation policy and product information are sent to the User in text form with the order confirmation for the purpose of permanent storage. The text of the contract is also permanently stored at fileee and made available to the user on request at a later date.
  7. Furthermore, we permanently store the text of the contract with us and send you the order data and our General Terms and Conditions by e-mail at any time upon request.

§4 PRICES & PAYMENT

  1. The offers for the fileeeBox presented on the website are non-binding.
  2. The prices stated on the website at the time of conclusion of the contract shall apply. These are gross prices, i.e. including applicable value added tax. Depending on the user's selection during the ordering process, further packaging and shipping costs may be added. These will be listed separately when the order is placed. The user will receive information on the existing spatial delivery restrictions for the fileeeBox before the start of the order process.
  3. The invoice amount due can only be paid by the payment methods listed on the website. Payment methods not listed are not accepted. The user will receive information on the accepted methods of payment before the start of the order process.
  4. The invoice amount due can only be paid by the payment methods listed on the website. Payment methods not listed are not accepted. The user will receive information on the accepted methods of payment before the start of the order process.
  5. fileee is entitled to have the processing of the payment carried out by a trustworthy third party (payment provider).
  6. The user is obliged to provide all information truthfully within the framework of the order processing. Should the billing process and the provision of services lead to additional costs for reasons for which the user is responsible, in particular due to the provision of false personal data within the scope of the payment processing, the user shall bear these costs.
  7. The invoice for the booked items shall be sent to the customer in electronic form. The invoice amount is due immediately and without deduction upon receipt of the invoice.
  8. If the invoice amount is not paid on time or if complications arise during the transaction, fileee reserves the right not to ship the fileeeBox.

§5 DELIVERY TIME AND PROVISION OF DOCUMENTS IN THE FILEEE SYSTEM

  1. Deliveries will be made immediately after receipt of payment, at the latest, however, after three working days.
  2. fileee makes the scanned documents available to the user in the fileee system after an appropriate processing period. The customer can retrieve the digitised documents via his account.
  3. The delivery period may be extended in the event of measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of the occurrence of unforeseen obstacles which are beyond our control, e.g. operational disruptions, server disruptions, delays in the delivery of essential materials, as well as in the event of war, catastrophes and other unavoidable events, until the event of force majeure has been overcome. This shall also apply if the circumstances occur with business partners involved. Should such events prove to make the execution of the order impossible, fileee is entitled to withdraw from the order after giving appropriate notice, without the customer incurring any claims for damages.
  4. The delivery dates stated are not fixed dates.

§6 DATA PROTECTION AND PROCESSING

  1. The user agrees that fileee may collect, process and use the necessary data on the basis of the legal provisions - in particular those of the Federal Data Protection Act. For the execution of the contract and the functionality of the information extraction algorithm, fileee may collect, process and use the necessary personal data (inventory data). This includes the name, address and telephone number of the user.
  2. fileee assures that, without the User's consent, disclosure of the documents posted by the User in the fileee System is only permitted if this is
    1. is required by a state supervisory authority or on the basis of a court order,
    2. is prescribed by mandatory law or
    3. to the employees of fileee who are professionally bound to secrecy, or
    4. corresponding subcontractors of fileee who have been subjected to the confidentiality obligations regulated in these GTC in an equivalent manner.
  3. The Client is informed that the transfer of the digitised documents via the FTP server cannot be fully effectively protected against access by third parties.

§ 7 CONDITION / WARRANTY

  1. All contractual partners, both fileee and the user, are aware and agree that it is not possible, given the state of the art, to always eliminate software and hardware errors in all application situations.
  2. The target state of the fileeeBox results from the service description. This is available on the website and is sent to the user by e-mail with the confirmation of receipt.
  3. With regard to the warranty, the statutory provisions of §§ 434 ff. Accordingly, in the event of defects in the delivered fileeeBox, fileee shall first provide a warranty by means of subsequent performance. For this purpose, fileee shall, at its discretion, provide the User with a new, defect-free fileeeBox or remedy the defect. fileee has the right to make a reasonable number of attempts to remedy the defect within a reasonable period of time.
  4. If the supplementary performance fails or is unreasonable for the user, the user can assert the further warranty rights within the framework of the statutory provisions.

§8 LIABILITY

  1. fileee shall be liable without limitation for such damages, including damages resulting from the defective performance, resulting from injury to life, limb and/or health and/or the breach of a warranty promise and/or caused by gross negligence or intent. In all other respects, fileee's liability is limited to the foreseeable damage typical of the contract.
  2. fileee assumes no responsibility for the contents of User Documents submitted by Users or any other obligations arising from the User's domain.
  3. Should the contents stored on the contractual server storage space contain legal violations, the User shall indemnify fileee against all claims resulting therefrom and shall bear the costs resulting therefrom. This also includes the costs for legal defence.
  4. fileee is not liable for the correct functioning of infrastructures or transmission paths of the Internet that are not the responsibility of fileee or its vicarious agents.

§9 RESERVATION OF OWNERSHIP

fileee retains all ownership rights to the delivered fileeeBox until full and unconditional payment of the invoice amount.

§10 ONLINE DISPUTE RESOLUTION

The EU Commission has created an internet platform for the online resolution of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The customer can reach the ODR platform under the following link: https://ec.europa.eu/consumers/odr/
Our e-mail address is hello@fileee.com.

§11 FINAL PROVISIONS AND SEVERABILITY CLAUSE

  1. These Terms and Conditions and all legal relationships between fileee and the User shall be governed by the laws of the Federal Republic of Germany. This does not apply if the user, who is a consumer, would be deprived of further rights according to the respective applicable legal system at the place of residence of the consumer as a result of this choice of law.
  2. If individual clauses are invalid, the remaining clauses shall remain valid.
  3. The contractual language is German.

CANCELLATION POLICY

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (fileee GmbH, Windthorststraße 68, 48143 Münster, phone: +49 (0)152 53446910; e-mail: hello@fileee.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

End of the cancellation policy

SAMPLE CANCELLATION FORM

(If you wish to revoke the contract, please fill out this form and return it to us by post or email).
To fileee GmbH,
Windthorststraße 68,
48143 Münster
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as applicable.

History

March 03, 2016: fileeeBox GTC
Münster, 3 March 2016
DSGVO Compliant
Developed and hosted in Germany
Secure SSL encrypted
© 2022 fileee. All Rights Reserved.
DSGVO Compliant
Developed and hosted in Germany
© 2022 fileee. All Rights Reserved.