1.1 These General Terms and Conditions (GTC) apply to all contracts between KUR 1 (a brand of Dnkfbrk GmbH; hereinafter “KUR 1”) and its customers (each hereinafter a “User”) concerning the use of the services offered by KUR 1, 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 KUR 1 does not expressly object to their applicability in an individual case.
2.1 Depending on the package booked, KUR 1 provides the following services:
2.2 The scope of services included in the scan and forwarding service is limited to up to 50 incoming letters per calendar month. If the actual volume exceeds this number, KUR 1 reserves the right to contact the User before providing any further services in order to agree on an adjustment of the scope of services and the remuneration by mutual consent. There is no entitlement to the automatic provision of additional services beyond the stated limit.
2.3 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.
2.4 The use of an address provided by KUR 1 as a registered office or permanent establishment gives rise to a separate obligation on the part of the customer to pay the broadcasting license fee, which exists independently of any broadcasting license fees paid by KUR 1 and which the customer must check and fulfill itself.
2.5 The User undertakes to use the address provided by KUR 1 exclusively as a business address or mailing address to the extent provided for in the contract. 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 there. The User is obliged to provide accurate information to authorities, in particular tax offices, and must not present KUR 1 as its own registered office if it does not actually conduct any business activities there. Any tax or legal disadvantages incurred by KUR 1 as a result of a breach of this obligation shall be borne by the User.
3.1 The User expressly agrees that KUR 1 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 KUR 1 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 KUR 1 a postal power of attorney and has successfully completed the identity verification required under Clause 8.5. In the absence of a valid postal power of attorney, or while verification is pending, KUR 1 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 mail or scan service, the User undertakes to have its mail addressed exclusively as follows:
[User's name], Kurfürstenstrasse 1, 80799 Munich.
KUR 1 is thereby the legally authorized recipient of the mail items.
4.3 The User hereby grants KUR 1 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 KUR 1 to accept, open, digitize and forward all mail items in the name of the User.
4.4 In addition, the User hereby grants KUR 1 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.
KUR 1 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 KUR 1.
4.5 KUR 1 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 KUR 1 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 KUR 1 promptly.
4.7 The power of attorney also expressly includes the right of KUR 1 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 KUR 1 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 KUR 1 without undue delay of any changes to its contact details (in particular email address, telephone number and address).
4.10 The User shall indemnify KUR 1 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 KUR 1. Once the revocation has taken effect, KUR 1 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 KUR 1; (c) the User itself is responsible for taking note of, and responding to, documents served in good time.
4.1 When booking the mail or scan service, the User undertakes to have its mail addressed exclusively as follows:
[User's name], Kurfürstenstrasse 1, 80799 Munich.
KUR 1 is thereby the legally authorized recipient of the mail items.
4.2 In addition, the User hereby grants KUR 1 a comprehensive power of attorney within the meaning of Sections 164 et seq. and 185 of the German Civil Code (BGB), the German Postal Universal Service Ordinance (PUDLV) and other relevant provisions. This power of attorney entitles KUR 1 to accept, open, digitize and forward mail items in the name of the User.
4.3 The power of attorney also expressly includes the right of KUR 1 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.
4.4 The User expressly acknowledges that the digitization and electronic transmission of mail items corresponds to the purpose of the contract.
5.1 Incoming mail is opened and digitized by KUR 1 and made available to the User via a secure online portal or by email.
5.2 Unless otherwise agreed, physical originals are retained for at least 30 days. Thereafter, they are either returned to the User for a fee or, upon request, destroyed in compliance with data protection law.
5.3 The costs of return or destruction shall be borne by the User.
6.1 KUR 1 is entitled to engage subcontractors.
6.2 KUR 1 obliges subcontractors in writing to comply with the General Data Protection Regulation (GDPR) and is liable for their actions as for its own fault, unless slight negligence is involved.
7.1 The remuneration is based on the plan agreed upon conclusion of the contract.
7.2 Invoices are due in advance. In the case of annual payment, the entire annual amount becomes due at the outset.
7.3 Returned direct debits or dishonored payments result in a handling fee of EUR 10.
7.4 All prices are net prices plus statutory VAT.
7.5 If the User is in default of payment, KUR 1 is entitled to block access to services until the claims have been settled.
8.1 Depending on the User's choice, contracts are concluded on a monthly or annual basis.
8.2 Monthly contracts may be terminated with a notice period of 14 days to the end of the month.
8.3 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, it is automatically renewed in each case for the original term.
8.4 Notices of termination must be given in text form (e.g., by email or letter).
8.5 Identity verification by means of a valid identity card or passport is a mandatory part of the contract. If the customer 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.
9.1 KUR 1 is liable without limitation for damage resulting from intent and gross negligence.
9.2 In the event of slight negligence, KUR 1 is only liable for damage resulting from the breach of material contractual obligations (cardinal obligations); in this case, liability is limited to the foreseeable damage typical of the contract.
9.3 Liability for indirect damage, loss of profit or consequential damage is excluded.
9.4 Liability under the German Product Liability Act and for injury to life, body or health remains unaffected.
9.5 KUR 1 assumes no liability for damage arising from mail items not being delivered, or being delivered late or incorrectly, by third parties (e.g., Deutsche Post, parcel services, banks). The same applies to damage resulting from special types of shipment (such as PIN letters or other specially secured items).
9.6 Furthermore, KUR 1 is not liable for errors caused by technical malfunctions, faulty scans or transmission problems during the digitization and forwarding of mail, insofar as KUR 1 has not acted intentionally or with gross negligence.
10.1 KUR 1 processes the User's personal data exclusively in accordance with the GDPR and the German Federal Data Protection Act (BDSG).
10.2 The User authorizes the provider to make incoming mail available in digitized form by email.
11.1 KUR 1 is entitled to amend these GTC with effect for the future, provided that this appears necessary and does not unreasonably disadvantage the User.
11.2 Amendments will be communicated to the User in text form at least 30 days before they enter into force. If the User does not object within 14 days, the amendments shall be deemed accepted.
12.1 There is no right of withdrawal, as KUR 1 begins performing the services immediately after conclusion of the contract and the User has expressly consented to such performance (Section 356 (4) BGB).
13.1 German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 The exclusive place of jurisdiction for all disputes arising from this contract is Berlin.
13.3 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.
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