GTC
General Terms and Conditions
1. General information and scope of application
1.1 WebID Solutions GmbH (hereinafter referred to as “WebID”) provides identification, documentation and age verification services to users of the WebID service (hereinafter referred to collectively as “Identification Service”) in accordance with these General Terms and Conditions (hereinafter referred to as “GTC”).
1.2 These GTC apply to the identification services provided by WebID to users of the WebID service.
1.3 The GTC apply exclusively. Any general terms and conditions of the user that conflict with or deviate from these GTC shall only become part of the contract if they are consistent with the content of these GTC and have been expressly recognised by WebID in writing. This also applies if WebID provides services without reservation in the knowledge of conflicting or deviating terms and conditions of the user.
1.4 In addition, WebID refers to its Trust Service Practice Statement in its current version.
2. Services of WebID
2.1 Identification and verification of age
- establishing, verifying and confirming the identity, a documented declaration or the age of the User to Partners (as defined below) on behalf of the Partner and the User (2.3),
- the transmission of the data and information obtained and, at the Partner’s request, the photographs and other documents produced to identify the User, in each case to the Partner (2.3 f.)
2.2 The creation of a user profile
WebID stores the data collected as part of the identification service in a user profile (see section 2.4). The data stored there can be used for future identification or age verification. The user is always asked for consent before future use.
2.3 Verification and confirmation of identity or age
a. The verification and confirmation of identity or age requires the request of a contractual partner of WebID (hereinafter “Partner”) who wishes to verify the identity or age of the user or who must verify the identity or age of the user due to certain legal regulations (e.g. Money Laundering Act, Signature Act, Youth Media Protection Act, De-Mail Act) in order to enter into a business relationship with the user or to provide certain services to the user.
b. The identification, documentation or age verification of the user by WebID can be carried out as part of the overall procedure by means of a personal conversation in a video conference between the user and WebID employees, which is recorded for verification purposes.
c. For the purpose of identification and age verification, WebID collects such information and personal data of the user that is suitable and required by the respective laws to verify the identity and age of the user and compares this information and personal data with the information and personal data of the respective user provided to it by the respective partner.
d. The type and scope of the collection and processing of information and data by WebID depends on the intended or existing contractual relationship between the user and the partner as well as the legal requirements that demand proof of identity or age. In addition to a request for the name, place of birth, date of birth, nationality and address of the user, other data may also be requested that is necessary to establish or fulfil a contractual relationship between the user and the partner or due to existing legal requirements. Depending on the legal basis for proof of identity or age, it may also be necessary to verify the information using a valid, official identification document (e.g. identity card). For this check, additional data is requested that is stored on the respective official ID document and a visual inspection of the official ID document is carried out by WebID. In this context, it may also be necessary to take a photograph of the official ID document used and the user. In this case, a photograph is taken of the user as well as of the front and back of the official ID document by means of a screenshot.
e. As part of WebID Account Ident, you log into your bank’s online banking system with your access data. In order to use WebID Account Ident, you must grant secure access to the information stored in your bank account via the digital PSD2 or online banking interface. This serves the purpose of proving your data collected in this way and the existence of your bank account. As part of a legally required reference transfer, a small amount (e.g. 1 cent) is transferred from your bank account to a WebID verification account. This transfer will be executed by your bank. You irrevocably agree that your bank will execute this transfer order to a WebID reference account.
f. Within the framework of WebID Wallet, the user is obliged to check the accuracy of the data collected during registration. Changes to personal data must be reported to WebID immediately.
g. The identity or age of the respective user will only be confirmed by WebID to the Partner if the information and personal data transmitted by the Partner to WebID or collected by WebID are suitable to confirm the identity or age of the user and if all other information, copies and documents required in individual cases for identification or age verification due to the specifications of the respective Partner or due to legal provisions are available in full.
h. The user will be informed about the identity or age verification. WebID sends corresponding e-mails for this purpose. In addition, during the video conference and at other procedural points, WebID sends a centrally generated transaction number (TAN) valid for this specific purpose by e-mail or SMS to an e-mail address or telephone number to be specified by the user, with the help of which the user can successfully complete the identification and/or age verification process with the partner. The user must enter the TAN directly online and send it back to WebID electronically. In addition, WebID notifies the respective partner at whose request the identity or age of the user was verified of the successful completion of the identification or age verification and, upon request, transmits to the partner the user’s details and information used for the successful identification or age verification as well as all photographs and other records taken during the identification process and the documents provided by the user.
i. WebID’s contractual service consists of the identification service as well as the verification and confirmation of the identity or age of the user to a current partner or to future partners.
Further details on data processing are set out in WebID’s privacy policy
2.4 Storage of a user profile
a. Upon successful completion of the identity or age check, WebID creates a user profile based on the information and personal data collected and stores it for the purpose of enabling the user to provide future proof of identity or age to other partners. The actual use of the data from the user profile for future identity or age verification takes place on the basis and within the framework of the contractual agreements and, if applicable, with the consent of the user.
b. When the user profile is created, WebID transmits a corresponding transaction number to the user or uses personal data for unique user assignment. The user can use this transaction number or this user assignment for future proof of identity or age via WebID vis-à-vis partners, unless further information about the user or further personal data of the user is required in individual cases for the purpose of proof of identity or age.
c. The user is entitled to request the deletion of his user profile from WebID at any time without observing a cancellation period. WebID may also immediately block or delete the user profile if the user seriously violates the legal basis for identity or age verification or the provisions of these GTC, in particular his obligation to co-operate. In such cases, WebID will delete or destroy the respective user profile as well as the stored information and personal data and the photographs and documents obtained, subject to statutory or contractual retention periods, and immediately block the user’s transaction number. It will then not be possible to restore the user profile.
d. WebID will also confirm the identification to other existing or future partners if the user authorises WebID to do so and the partner requests the identification or age confirmation within the meaning of section 2.3 a.. In this case, the provisions in section 2.3 d. to h. apply accordingly. If the available information is not sufficient for identification, the additional information required will be requested.
3. Access and availability
3.1 A prerequisite for the provision of the identification service by WebID is, in part, video conferencing software compatible with the WebID system, a webcam (image and sound) and Internet access for the user.
3.2 The provision of the identification service also requires the prior registration or login of the user to the WebID service via the procedure described in section 4.
3.3 WebID is entitled to switch the WebID service on or off or to change it in any other way at any time. This applies in particular in the event that the legal or regulatory requirements for the provision of or in connection with the identification service change.
3.4 WebID endeavours to provide the WebID Service without interruptions. However, no liability can be accepted for the constant availability of the WebID Service. WebID may temporarily limit the availability if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance or repair measures and this serves the proper or improved provision of the services (maintenance work). In these cases, WebID takes into account the legitimate interests of the user, e.g. by providing advance information. WebID’s liability for fault in accordance with section 10 remains unaffected.
4. Registration/login
4.1 Only one registration is permitted per user.
4.2 To register, the user fills out the electronic form provided by WebID or the partners completely and correctly and sends it to WebID by clicking on a corresponding button. The user decides in favour of using the WebID services by clicking on a corresponding button and is given the opportunity to check his details and correct any input errors in the form. If the identification process is not continued immediately after registration by the user or by WebID, WebID is authorised to contact the user via the e-mail address provided during registration in order to inform the user about the necessary further steps of the identification service.
4.3 Registration is only possible if the user expressly confirms the GTC before sending.
5. Conclusion of contract
5.1 By submitting the registration form, the user submits a binding offer to conclude a contract for the processing, storage and forwarding of his/her data, the provision of the identification service and the confirmation of his/her identity to partners in accordance with these GTC. WebID immediately confirms the registration to the user by sending an electronic confirmation of receipt by e-mail to the e-mail address provided by the user during registration. This confirmation does not constitute acceptance of the user’s offer by WebID. A legally valid contract is only concluded when WebID issues a separate declaration of acceptance, which is sent in a separate e-mail (registration confirmation), or when the data processing and identification service is actually provided. WebID shall declare acceptance at the latest within three (3) days of sending the registration. However, WebID reserves the right to reject registrations received without further explanation.
5.2 WebID does not store any contract texts or keep them permanently available for the user to retrieve.
6. Co-operation and other obligations of the user
6.1 The user is obliged to co-operate appropriately in the provision of the identification service.
6.2 In particular, the user shall provide WebID with all details, data, documents, records and information required for proof of identity or age and for registration in full and truthfully.
6.3 In order to use the WebID identification service, special Ident software, in particular video conferencing software, is sometimes required. Depending on the end device used by the user, it may therefore be necessary for the user to download appropriate software from the Internet and install it on the respective end device. The ability to utilise the identification services of WebID also depends in particular on the technical performance of the end device used by the user. It is the responsibility of the user to ensure the performance and compatibility of the corresponding end device.
6.4 The user is obliged to keep the data provided to him by WebID (e.g. transaction number and TAN) as well as a transaction number transmitted to him secret and to protect it against use by unauthorised third parties, in particular minors. The user is prohibited from passing on the data and the transaction number and from transferring the user profile to third parties. The user shall inform WebID immediately in the event of suspicion of unauthorised use of his data or the transaction number or the data for user assignment. The user shall indemnify WebID against all claims asserted by third parties against WebID due to unauthorised use of his access data or the transaction number, unless he is not responsible for the unauthorised use by third parties.
6.5 The user shall use his transaction number and the data entered in full during registration/login solely for the purpose of proving his identity or age to partners.
6.6 If a user profile has been created for the user, the user shall notify WebID of any changes to his personal data, depending on the necessity with regard to the type or scope of the changes, as part of a new identity check.
6.7 For the use of individual products, it may be necessary for legal reasons for the user to grant secure access to information stored in his bank account via a digital PSD2 or online banking interface and to confirm this by means of a so-called “reference transfer”. This serves the purpose of proving the user’s data collected in this way and the existence of the user’s bank account. As part of a reference transfer, a small amount (e.g. 1 cent) is transferred from the user’s bank account to a WebID verification account. This transfer is executed by the user’s bank on the basis of the user’s consent, if necessary using a release procedure agreed between the user and the user’s bank. The user irrevocably agrees that the user’s bank will execute this transfer order to a WebID verification account. The procedure is usually embedded on the partner’s website. Alternative procedures are regularly available to the user, which do not require access to the data stored in the user’s bank account or the reference transfer.
6.8 If the user breaches his obligations under these GTC, WebID is entitled to cancel the identification process concerned or to delete the user profile without further notice and to block the user’s transaction number.
7. Cancellation policy
Right of cancellation
You can cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation is to be sent to:
WebID Solutions GmbH, Friedrichstraße 88, 10117 Berlin
Fax: 49 30 408 173 450
Email: info@webid-solutions.de
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss in value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice and for us when we receive it.
Special notes
Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.
Exclusion of the right of cancellation:
The right of cancellation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
Further important note:
You expressly agree that we may begin to perform the service before the end of the cancellation period.
End of the cancellation policy
8. Remuneration
8.1 WebID provides the identification services for the user free of charge.
8.2 However, the use of the WebID service may incur connection and transmission fees, which are charged by the user’s Internet provider and are to be borne by the user.
9. Data protection
WebID processes the user’s personal data for the purpose of providing the identification service and services within the framework of the digital conclusion of the contract and within the framework of statutory or legal obligations that WebID must fulfil. Any further use of the user’s data by WebID takes place within the framework of the existing contractual relationship or, if applicable, with the express consent of the user. Detailed information on the handling of data can be found in the privacy policy, which is available on the WebID website and can be accessed there at any time.
10. Liability
10.1 WebID is liable for damages in accordance with the statutory provisions for personal injury and for damages under the Product Liability Act.
10.2 WebID shall be liable for other damages in accordance with the following provisions, unless otherwise stipulated in a guarantee assumed by WebID.
10.3 WebID shall be liable in accordance with the statutory provisions for damages caused by fraudulent behaviour and for damages caused by intent or gross negligence on the part of WebID, its legal representatives or senior executives.
10.4 WebID’s liability for damages is limited to the amount of the foreseeable damage typical for the contract
- for damages resulting from a slightly negligent breach of essential contractual obligations or of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely (cardinal obligations)
- as well as for damages caused intentionally or through gross negligence by ordinary vicarious agents of WebID.
10.5 Otherwise, any liability of WebID for damages caused by slight negligence is excluded.
10.6 Notwithstanding the above provisions, contributory negligence on the part of the user – in particular the inadequate provision of cooperation services, organisational errors, inadequate data backup or a breach of other contractual obligations – reduces the amount of any claim for damages.
10.7 The customer is obliged to notify WebID immediately in writing of any damage within the meaning of the above liability provisions or to have it recorded by WebID so that WebID is informed as early as possible and can possibly minimise the damage together with the customer.
10.8 WebID is only liable for the recovery of data if the customer has taken all necessary and appropriate data backup precautions and has ensured that the data can be recovered from data material held in machine-readable form with reasonable effort.
11. Miscellaneous
11.1 These GTC and all contracts concluded between WebID and the user with the inclusion of these GTC are subject to the law of the Federal Republic of Germany, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
11.2 Amendments and additions to these GTC must be made in writing. This also applies to any amendment or cancellation of this written form requirement.
11.3 Should individual provisions of these GTC be or become invalid or unenforceable or contain a loophole, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision or fills the gap.
Status: April 2024
GTC
General Terms and Conditions
1. General information and scope of application
1.1 WebID Solutions GmbH (hereinafter referred to as “WebID”) provides identification, documentation and age verification services to users of the WebID service (hereinafter referred to collectively as “Identification Service”) in accordance with these General Terms and Conditions (hereinafter referred to as “GTC”).
1.2 These GTC apply to the identification services provided by WebID to users of the WebID service.
1.3 The GTC apply exclusively. Any general terms and conditions of the user that conflict with or deviate from these GTC shall only become part of the contract if they are consistent with the content of these GTC and have been expressly recognised by WebID in writing. This also applies if WebID provides services without reservation in the knowledge of conflicting or deviating terms and conditions of the user.
1.4 In addition, WebID refers to its Trust Service Practice Statement in its current version.
2. Services of WebID
2.1 Identification and verification of age
- establishing, verifying and confirming the identity, a documented declaration or the age of the User to Partners (as defined below) on behalf of the Partner and the User (2.3),
- the transmission of the data and information obtained and, at the Partner’s request, the photographs and other documents produced to identify the User, in each case to the Partner (2.3 f.)
2.2 The creation of a user profile
WebID stores the data collected as part of the identification service in a user profile (see section 2.4). The data stored there can be used for future identification or age verification. The user is always asked for consent before future use.
2.3 Verification and confirmation of identity or age
a. The verification and confirmation of identity or age requires the request of a contractual partner of WebID (hereinafter “Partner”) who wishes to verify the identity or age of the user or who must verify the identity or age of the user due to certain legal regulations (e.g. Money Laundering Act, Signature Act, Youth Media Protection Act, De-Mail Act) in order to enter into a business relationship with the user or to provide certain services to the user.
b. The identification, documentation or age verification of the user by WebID can be carried out as part of the overall procedure by means of a personal conversation in a video conference between the user and WebID employees, which is recorded for verification purposes.
c. For the purpose of identification and age verification, WebID collects such information and personal data of the user that is suitable and required by the respective laws to verify the identity and age of the user and compares this information and personal data with the information and personal data of the respective user provided to it by the respective partner.
d. The type and scope of the collection and processing of information and data by WebID depends on the intended or existing contractual relationship between the user and the partner as well as the legal requirements that demand proof of identity or age. In addition to a request for the name, place of birth, date of birth, nationality and address of the user, other data may also be requested that is necessary to establish or fulfil a contractual relationship between the user and the partner or due to existing legal requirements. Depending on the legal basis for proof of identity or age, it may also be necessary to verify the information using a valid, official identification document (e.g. identity card). For this check, additional data is requested that is stored on the respective official ID document and a visual inspection of the official ID document is carried out by WebID. In this context, it may also be necessary to take a photograph of the official ID document used and the user. In this case, a photograph is taken of the user as well as of the front and back of the official ID document by means of a screenshot.
e. As part of WebID Account Ident, you log into your bank’s online banking system with your access data. In order to use WebID Account Ident, you must grant secure access to the information stored in your bank account via the digital PSD2 or online banking interface. This serves the purpose of proving your data collected in this way and the existence of your bank account. As part of a legally required reference transfer, a small amount (e.g. 1 cent) is transferred from your bank account to a WebID verification account. This transfer will be executed by your bank. You irrevocably agree that your bank will execute this transfer order to a WebID reference account.
f. Within the framework of WebID Wallet, the user is obliged to check the accuracy of the data collected during registration. Changes to personal data must be reported to WebID immediately.
g. The identity or age of the respective user will only be confirmed by WebID to the Partner if the information and personal data transmitted by the Partner to WebID or collected by WebID are suitable to confirm the identity or age of the user and if all other information, copies and documents required in individual cases for identification or age verification due to the specifications of the respective Partner or due to legal provisions are available in full.
h. The user will be informed about the identity or age verification. WebID sends corresponding e-mails for this purpose. In addition, during the video conference and at other procedural points, WebID sends a centrally generated transaction number (TAN) valid for this specific purpose by e-mail or SMS to an e-mail address or telephone number to be specified by the user, with the help of which the user can successfully complete the identification and/or age verification process with the partner. The user must enter the TAN directly online and send it back to WebID electronically. In addition, WebID notifies the respective partner at whose request the identity or age of the user was verified of the successful completion of the identification or age verification and, upon request, transmits to the partner the user’s details and information used for the successful identification or age verification as well as all photographs and other records taken during the identification process and the documents provided by the user.
i. WebID’s contractual service consists of the identification service as well as the verification and confirmation of the identity or age of the user to a current partner or to future partners.
Further details on data processing are set out in WebID’s privacy policy
2.4 Storage of a user profile
a. Upon successful completion of the identity or age check, WebID creates a user profile based on the information and personal data collected and stores it for the purpose of enabling the user to provide future proof of identity or age to other partners. The actual use of the data from the user profile for future identity or age verification takes place on the basis and within the framework of the contractual agreements and, if applicable, with the consent of the user.
b. When the user profile is created, WebID transmits a corresponding transaction number to the user or uses personal data for unique user assignment. The user can use this transaction number or this user assignment for future proof of identity or age via WebID vis-à-vis partners, unless further information about the user or further personal data of the user is required in individual cases for the purpose of proof of identity or age.
c. The user is entitled to request the deletion of his user profile from WebID at any time without observing a cancellation period. WebID may also immediately block or delete the user profile if the user seriously violates the legal basis for identity or age verification or the provisions of these GTC, in particular his obligation to co-operate. In such cases, WebID will delete or destroy the respective user profile as well as the stored information and personal data and the photographs and documents obtained, subject to statutory or contractual retention periods, and immediately block the user’s transaction number. It will then not be possible to restore the user profile.
d. WebID will also confirm the identification to other existing or future partners if the user authorises WebID to do so and the partner requests the identification or age confirmation within the meaning of section 2.3 a.. In this case, the provisions in section 2.3 d. to h. apply accordingly. If the available information is not sufficient for identification, the additional information required will be requested.
3. Access and availability
3.1 A prerequisite for the provision of the identification service by WebID is, in part, video conferencing software compatible with the WebID system, a webcam (image and sound) and Internet access for the user.
3.2 The provision of the identification service also requires the prior registration or login of the user to the WebID service via the procedure described in section 4.
3.3 WebID is entitled to switch the WebID service on or off or to change it in any other way at any time. This applies in particular in the event that the legal or regulatory requirements for the provision of or in connection with the identification service change.
3.4 WebID endeavours to provide the WebID Service without interruptions. However, no liability can be accepted for the constant availability of the WebID Service. WebID may temporarily limit the availability if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance or repair measures and this serves the proper or improved provision of the services (maintenance work). In these cases, WebID takes into account the legitimate interests of the user, e.g. by providing advance information. WebID’s liability for fault in accordance with section 10 remains unaffected.
4. Registration/login
4.1 Only one registration is permitted per user.
4.2 To register, the user fills out the electronic form provided by WebID or the partners completely and correctly and sends it to WebID by clicking on a corresponding button. The user decides in favour of using the WebID services by clicking on a corresponding button and is given the opportunity to check his details and correct any input errors in the form. If the identification process is not continued immediately after registration by the user or by WebID, WebID is authorised to contact the user via the e-mail address provided during registration in order to inform the user about the necessary further steps of the identification service.
4.3 Registration is only possible if the user expressly confirms the GTC before sending.
5. Conclusion of contract
5.1 By submitting the registration form, the user submits a binding offer to conclude a contract for the processing, storage and forwarding of his/her data, the provision of the identification service and the confirmation of his/her identity to partners in accordance with these GTC. WebID immediately confirms the registration to the user by sending an electronic confirmation of receipt by e-mail to the e-mail address provided by the user during registration. This confirmation does not constitute acceptance of the user’s offer by WebID. A legally valid contract is only concluded when WebID issues a separate declaration of acceptance, which is sent in a separate e-mail (registration confirmation), or when the data processing and identification service is actually provided. WebID shall declare acceptance at the latest within three (3) days of sending the registration. However, WebID reserves the right to reject registrations received without further explanation.
5.2 WebID does not store any contract texts or keep them permanently available for the user to retrieve.
6. Co-operation and other obligations of the user
6.1 The user is obliged to co-operate appropriately in the provision of the identification service.
6.2 In particular, the user shall provide WebID with all details, data, documents, records and information required for proof of identity or age and for registration in full and truthfully.
6.3 In order to use the WebID identification service, special Ident software, in particular video conferencing software, is sometimes required. Depending on the end device used by the user, it may therefore be necessary for the user to download appropriate software from the Internet and install it on the respective end device. The ability to utilise the identification services of WebID also depends in particular on the technical performance of the end device used by the user. It is the responsibility of the user to ensure the performance and compatibility of the corresponding end device.
6.4 The user is obliged to keep the data provided to him by WebID (e.g. transaction number and TAN) as well as a transaction number transmitted to him secret and to protect it against use by unauthorised third parties, in particular minors. The user is prohibited from passing on the data and the transaction number and from transferring the user profile to third parties. The user shall inform WebID immediately in the event of suspicion of unauthorised use of his data or the transaction number or the data for user assignment. The user shall indemnify WebID against all claims asserted by third parties against WebID due to unauthorised use of his access data or the transaction number, unless he is not responsible for the unauthorised use by third parties.
6.5 The user shall use his transaction number and the data entered in full during registration/login solely for the purpose of proving his identity or age to partners.
6.6 If a user profile has been created for the user, the user shall notify WebID of any changes to his personal data, depending on the necessity with regard to the type or scope of the changes, as part of a new identity check.
6.7 For the use of individual products, it may be necessary for legal reasons for the user to grant secure access to information stored in his bank account via a digital PSD2 or online banking interface and to confirm this by means of a so-called “reference transfer”. This serves the purpose of proving the user’s data collected in this way and the existence of the user’s bank account. As part of a reference transfer, a small amount (e.g. 1 cent) is transferred from the user’s bank account to a WebID verification account. This transfer is executed by the user’s bank on the basis of the user’s consent, if necessary using a release procedure agreed between the user and the user’s bank. The user irrevocably agrees that the user’s bank will execute this transfer order to a WebID verification account. The procedure is usually embedded on the partner’s website. Alternative procedures are regularly available to the user, which do not require access to the data stored in the user’s bank account or the reference transfer.
6.8 If the user breaches his obligations under these GTC, WebID is entitled to cancel the identification process concerned or to delete the user profile without further notice and to block the user’s transaction number.
7. Cancellation policy
Right of cancellation
You can cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our information obligations according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. Timely dispatch of the cancellation is sufficient to comply with the cancellation period. The cancellation is to be sent to:
WebID Solutions GmbH, Friedrichstraße 88, 10117 Berlin
Fax: 49 30 408 173 450
Email: info@webid-solutions.de
Consequences of cancellation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the goods or services received and any benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss in value. This may mean that you must nevertheless fulfil the contractual payment obligations for the period up to the cancellation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice and for us when we receive it.
Special notes
Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.
Exclusion of the right of cancellation:
The right of cancellation does not exist if you are acting in the predominant exercise of your commercial or independent professional activity when concluding the legal transaction and you are therefore to be regarded as an entrepreneur (§ 14 BGB).
Further important note:
You expressly agree that we may begin to perform the service before the end of the cancellation period.
End of the cancellation policy
8. Remuneration
8.1 WebID provides the identification services for the user free of charge.
8.2 However, the use of the WebID service may incur connection and transmission fees, which are charged by the user’s Internet provider and are to be borne by the user.
9. Data protection
WebID processes the user’s personal data for the purpose of providing the identification service and services within the framework of the digital conclusion of the contract and within the framework of statutory or legal obligations that WebID must fulfil. Any further use of the user’s data by WebID takes place within the framework of the existing contractual relationship or, if applicable, with the express consent of the user. Detailed information on the handling of data can be found in the privacy policy, which is available on the WebID website and can be accessed there at any time.
10. Liability
10.1 WebID is liable for damages in accordance with the statutory provisions for personal injury and for damages under the Product Liability Act.
10.2 WebID shall be liable for other damages in accordance with the following provisions, unless otherwise stipulated in a guarantee assumed by WebID.
10.3 WebID shall be liable in accordance with the statutory provisions for damages caused by fraudulent behaviour and for damages caused by intent or gross negligence on the part of WebID, its legal representatives or senior executives.
10.4 WebID’s liability for damages is limited to the amount of the foreseeable damage typical for the contract
- for damages resulting from a slightly negligent breach of essential contractual obligations or of obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely (cardinal obligations)
- as well as for damages caused intentionally or through gross negligence by ordinary vicarious agents of WebID.
10.5 Otherwise, any liability of WebID for damages caused by slight negligence is excluded.
10.6 Notwithstanding the above provisions, contributory negligence on the part of the user – in particular the inadequate provision of cooperation services, organisational errors, inadequate data backup or a breach of other contractual obligations – reduces the amount of any claim for damages.
10.7 The customer is obliged to notify WebID immediately in writing of any damage within the meaning of the above liability provisions or to have it recorded by WebID so that WebID is informed as early as possible and can possibly minimise the damage together with the customer.
10.8 WebID is only liable for the recovery of data if the customer has taken all necessary and appropriate data backup precautions and has ensured that the data can be recovered from data material held in machine-readable form with reasonable effort.
11. Miscellaneous
11.1 These GTC and all contracts concluded between WebID and the user with the inclusion of these GTC are subject to the law of the Federal Republic of Germany, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
11.2 Amendments and additions to these GTC must be made in writing. This also applies to any amendment or cancellation of this written form requirement.
11.3 Should individual provisions of these GTC be or become invalid or unenforceable or contain a loophole, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision or fills the gap.
Status: April 2024