(Valid for new customers with immediate effect; valid for existing customers from 15th of August 2019)
Date: July 2019
In case of differences between the German and English version or in other cases of doubt, the German version shall be binding.
Section 1 Field of Application
These terms and conditions apply to all services provided by shipcloud GmbH via its platform, shipcloud.io, independently or with the involvement of third parties.
Section 2 General
A "customer" within the meaning of these General Terms and Conditions of Business is any entrepreneur or company or institution making use of the services provided by shipcloud GmbH. Thereby, the service provided by shipcloud GmbH is not directed at private consumers. "Receiver" or "recipient" within the meaning of these General Terms and Conditions of Business is any natural or legal person designated by a customer as the beneficiary. "Shipment(s)" or "consignment(s)" within the meaning of these General Terms and Conditions of Business are the goods to be conveyed. To companies within the meaning of Section 14 of the German Civil Code (BGB), the provisions of the German Commercial Code (HGB), these General Terms and Conditions of Business, and the German Freight Forwarders' Standard Terms and Conditions (ADSp) shall apply in their latest version.
Section 3 Scope of Service
(1) shipcloud GmbH provides a platform via shipcloud.io, which can be integrated into existing systems. This platform allows, among other things, for the automated creation of shipping labels for the respective subcarriers. The connection of a customers' system to the platform is not part of the scope of service. The service of shipcloud GmbH is limited to the unchanged forwarding of the data provided by the customers to the respective carrier as sub-contractor, as well as the unaltered forwarding of the data received by the carrier as subcontractor for the customer to the customer. shipcloud GmbH is not responsible for the validity and integrity of the data to be transmitted.
(2) shipcloud GmbH also organizes logistics services as freight forwarder. shipcloud GmbH makes use of well-established and internationally operating transport carriers as subcarriers. shipcloud GmbH will commission the subcontractor designated by the customer to carry out the shipment of the consignment. The subcontractor is free to commission subcontractors. shipcloud GmbH and its subcarriers are free in choice of transport routes and means of transport. The observance of certain delivery times is usually not owed. Instructions given by the customer after delivery of a consignment are not binding. Sections 418 para. 1-5 and 419 of the German Commercial Code HGB do not apply.
(3) Delivery shall be made to the recipient designated by the customer in person. Shipments to consignees in communal/joint facilities/institution may be consigned to a person authorized by the management of the facility/institution to receive shipments. The customer agrees that the consignment may also be delivered to persons from whom it may be assumed that they are entitled to accept the shipment. This in particular includes members of the beneficiary or his/her spouse, employees of the household, roommates and neighbors of the recipient. After an unsuccessful delivery attempt, shipcloud GmbH shall also have the right to deposit the shipment in a shop/agency/service point of one of its carriers and to notify the recipient about the deposit. The shipment shall then be regarded as having been delivered. shipcloud GmbH is entitled to use electronic means to confirm receipt. If the consignment cannot be delivered in the manner described above, a maximum of 2 further delivery attempts will be carried out to effect delivery. This applies to both domestic and international shipments. Thereafter, the consignment is considered undeliverable. Consignments are also regarded as undeliverable if an incorrect recipient is indicated and for consignments whose acceptance is refused. shipcloud GmbH will return undeliverable consignments to customers in Germany at the expense of the customers. If an undeliverable consignment cannot be returned to the customer, shipcloud GmbH shall be entitled to open it. If the customer or any other authorized person cannot be determined or a delivery or return of the consignment is not possible or unreasonable for other reasons (e.g. because the customer refuses to bear the costs or such a refusal is to be expected, e.g. as a result of outstanding claims of shipcloud GmbH against the customer), shipcloud GmbH may use, destroy or sell the consignment according to the legal regulations at customer's expense.
Section 4 Conclusion of Contract
(1) The object of the contract is the provision of the platform of shipcloud GmbH for the customer in accordance with this contract and, if applicable, the provision of freight-handling logistics services (shipping contract relationship, see para. (4) and (5)). The platform provided by shipcloud GmbH has the functions described in the online documentation. The data is transferred to shipcloud GmbH by the customer via the interface function or by use of the provided web form.
(2) The use of the platform of shipcloud GmbH requires a registration. Each customer is obligated to communicate the data requested at the time of registration correctly and completely. This also includes the deposit of a payment method together with the payment data required for the settlement via the selected payment method. Also subject to disclosure is any value-added tax (VAT) identification number (or its respective country-specific equivalent), unless the customer is exempted from any VAT obligation. By not providing a VAT identification number (or its respective country-specific counterpart), the customer / user confirms that he / she is exempted from any VAT obligation. The user will receive the access code and password after the registration. Access code and password must be protected against unauthorized access by third parties.
(3) If there is/was already a contractual relationship between shipcloud GmbH and the customer, and the corresponding services have been decommissioned as a result of disregard of this General Terms and Conditions of Business or if the contractual relationship was subsequently terminated, the conclusion of a (further / new) contract with the client or the actual sender / account user (for the purpose of circumventing the decommissioning / termination) is excluded.
(4) A shipping contract relationship between shipcloud GmbH and the customer shall be established if the customer makes use of shipcloud's freight-handling logistics services. It shall be concluded exclusively with the binding acceptance of the offer by the customer for conclusion of contract by written or electronic declaration by shipcloud GmbH. shipcloud GmbH is free to refuse an offer at any time without giving reasons.
(5) shipcloud GmbH does not, under any circumstances, conclude shipping contracts for goods excluded from shipment (section 11). If shipcloud GmbH is aware of the transportation of goods excluded from shipment, it is entitled to refuse onward shipment and / or to demand an appropriate premium from the customer. shipcloud GmbH rejects the transport of shipments to recipients who are conducted in sanctioning and/or embargo lists or are subject to a non-cooperation clause. shipcloud GmbH is entitled to demand information about the content of the consignment by the customer, even after the consignment has been taken over by a third party commissioned. If the customer refuses to provide the information or if the information cannot be obtained in time, shipcloud GmbH shall be free to examine the content of the consignment with regard to the exclusions of shipment referred to in section 11, or to have it checked by third parties.
Section 5 Contract Duration
(1) Unless otherwise explicitly agreed, the contractual period shall be one month and shall be automatically extended by one month, unless the contract is terminated by one of the contracting parties.
(2) Unless otherwise explicitly agreed, the contractual relationship may be terminated by both contracting parties on a monthly basis at the end of the contractual period.
(3) This shall not affect the right of termination for important reasons. In particular, shipcloud GmbH shall be entitled for termination for important reasons in the case of unauthorized interferences to the platform of shipcloud GmbH, if the customer violates the conditions set out in section 6 or if the provisions of section 10 are affected.
(4) The termination of the debit agreement, the withdrawal of the SEPA direct debit mandate, the loss of validity of the deposited payment method (for example the expiry of the credit card) or the deletion of the deposited payment data does not constitute a termination.
Section 6 Right of Use
(1) The customer and the users set up by him shall receive the non-exclusive right to access the software functions via the Internet, limited to the period of use or the duration of the contract. The customer and the users who are set up by him do not receive any additional rights.
(2) The customer is not entitled to use the software beyond the permitted use according to this contract or to make use of it by third parties or make it accessible to third parties. In particular, the client is not permitted to reproduce or sell the software or parts thereof.
(3) The customer shall also pay the prices incurred by the users who have been set up by him and are therefore authorized to act on his behalf. The same applies in the case of unauthorized use by other third parties, if and to the extent that the customer is responsible for such use.
(4) On request, the customer shall provide shipcloud GmbH with all information necessary for the enforcement of claims against third parties, in particular provide shipcloud GmbH with name and address, as well as the nature and extent of its claims against third parties arising from the unauthorized program transfer.
(5) shipcloud GmbH reserves the right to restrict access to the platform in case of excessive use of the platform, for example DDoS attacks and incorrect programming.(6) In order to ensure the best performance of shipcloud’s API and to ensure that all customers have an optimal user experience, all customers/users are obliged to control/optimize their use of shipcloud’s API and to keep their API-calls on an fair use-level. Fair use is defined as a non-excessive use of the API. If a customer/user overuses the API, shipcloud may, without warning, limit access to its API.
(6) In order to guarantee the optimal performance of the API of shipcloud GmbH and to ensure that all customers have an optimal user experience, all customers/users are obliged to control/optimize their use of the API of shipcloud GmbH and to limit it to a so-called "fair use" volume. Fair use is defined as non-excessive use of the API. If a customer/user uses the API excessively, shipcloud GmbH may restrict access to its API without warning.
Section 7 Updates
The shipcloud GmbH may, at any time, make changes to the platform of shipcloud GmbH (updates and/or new versions), even without the consent of the customer. shipcloud GmbH undertakes to make these changes in such a way that the contractually guaranteed services are not affected to an unreasonable extent.
Section 8 Prices/Fees
(1) The prices and fees (usage fees/charges plus statutory VAT) shown on the platform of shipcloud GmbH apply. In addition, the price lists of the selected carriers apply. The customer is obliged to pay the contractually agreed fee/price for each service. shipcloud GmbH reserves the right to make changes without prior notice, whereas fees/prices that are already contractually agreed remain unaffected by these changes.
(2) If the customer buys shipping labels via shipcloud's WebUI, he owes the accounted price/fee (plus VAT) from the moment the shipping label is created. If shipping labels are generated via the API, the customer shall owe the price/fee accounted on shipcloud's platform or according to an individual offer as soon as the parameter create_shipping_label = true is specified. When commissioning a transport using DHL as part of a shipping contract relationship between shipcloud GmbH and the customer, the shipcloud GmbH offers the option to delete/cancel previously created/purchased shipping labels to the customer when the cancellation is performed before 18.00 CET on the calendar day of the creation/purchase of the shipping label using the corresponding cancellation function of shipcloud’s online platform. The customer will not be charged for shipping labels canceled in accordance with these rules. When commissioning a transport using any other carrier than DHL as part of a shipping contract relationship between shipcloud GmbH and the customer, the shipcloud GmbH offers the option to delete/cancel previously created/purchased shipping labels to the customer when the cancellation is performed before 24.00 CET on the calendar day of the creation/purchase of the shipping label using the corresponding cancellation function of shipcloud’s online platform. The customer will not be charged for shipping labels canceled in accordance with these rules.
(3) shipcloud GmbH shall be entitled for subsequent billing if the information on a given order is incorrect in the case of verification by the selected carrier, addresses are incorrect, maximum package dimensions are exceeded, and/or shipments are insufficiently packaged. In the case of subsequent charges, a service fee/premium shall be charged according to the price list on the shipcloud GmbH website. In addition, expense allowances may be incurred by the carriers, which shipcloud GmbH will pass on to the customer in the course of a recalculation. For DHL, this amounts to a lump sum of EUR 2,- and for deliberately (intentionally) false information and manipulation an additional EUR 18,-. If a transport is commissioned using a carrier other than DHL within the framework of a transport contract between shipcloud GmbH and the customer, any expense compensation shall be calculated in accordance with the General Terms and Conditions and/or Terms and Transport of the executing carrier.
(4) Shipcloud GmbH shall also be entitled to invoice an additional charge if the conditions of para. 12 are not met by the customer.
(5) The customer declares his willingness to bear the costs for the handling of returns.
Section 9 Billing / Payment
(1) Insofar as no individual payment terms have been agreed, settlement of any monthly or transaction-based fees/charges for the use of the platform shall be made monthly. This also applies to freight-handling logistics services, whereas shipcloud GmbH reserves the right for (interim) billing of transaction-based fees/charges or freight-handling logistics services without being bound to fixed billing cycles.
(2) Upgrading to a plan with higher monthly usage fees/charges or upgrading/switching to a plan with transaction-based usage fees will always immediately trigger (interim) billing of monthly or transaction-based usage fees/charges and freight-handling logistics services.
(3) Usually, the customer can make the payment by PayPal, credit card, or electronic direct debit authorization (single payment methods may not be available for some customers/countries (currencies)). A payment on account requires the explicit approval by shipcloud GmbH. The shipcloud GmbH reserves the right to deny/revoke the use of individual payment methods by customers (e.g. due to an increased credit risk of the customer). If a submitted direct debit authorization is returned for reasons for which the customer is responsible, shipcloud GmbH can reclaim the costs resulting from the customer. The same applies to payments by PayPal or by credit card. In the above-mentioned cases, a service fee/premium shall be charged according to the price list on the shipcloud GmbH website.
(4) The customer shall examine each invoice for its correctness and collect any possible objections within 4 weeks of the invoice. After the expiry of the deadline, objections are excluded.
(5) The customer agrees that shipcloud GmbH transmits invoices electronically. The invoices are sent as an attachment to the deposited e-mail address of the customer.
Section 10 Delay in Payment / Missing Payment Data
(1) In the event of a delay in payment, shipcloud GmbH shall be entitled to decommission the services at the expense of the customer from the first day of delay in payment. This shall not affect the obligation to pay the usage fees/charges for the platform.
(2) Upon termination of the debit agreement, withdrawal of the SEPA direct debit mandate, loss of validity of the deposited payment method (for example the expiry of the credit card) or the deletion of the deposited payment data during the contractual period, the shipcloud GmbH shall be entitled to decommission the services at the expense of the customer at any time. This shall not affect the obligation to pay the usage fees/charges for the platform.
(3) If the customer is in default with the payment
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of the usage fees/charges or a considerable part of the usage fees/charges for two
consecutive months;
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of the usage fees/charges in the amount of the monthly basic price for two months in a
period of more than two months;
the shipcloud GmbH may terminate the contractual relationship without observing a
deadline.
(4) shipcloud GmbH reserves the right to enforce further claims for payment delays.
Section 11 Exclusions of Shipment / Terms of Transport
(1) The following goods are excluded from shipment:
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Goods of particular/considerable value, in particular precious metals, genuine jewelry,
precious stones/jewels, real pearls, antiques, art objects or other precious objects,
but only, if they are excluded from shipment in accordance with the general terms and
conditions and/or the terms of transport of the carrier selected by the customer or if
their value exceeds the maximum permissible value for that group of goods in accordance
with the General Terms and Conditions and/or the Terms of Transport of the carrier
selected by the customer; in addition, the general terms and conditions and/or the terms
of transport of the carrier selected by the customer are applicable;
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Money, coins, certificates, documents, securities and other monetary goods (e.g. credit,
check, and calling cards) , but only, if they are excluded from shipment in accordance
with the general terms and conditions and/or the terms of transport of the carrier
selected by the customer or if their value exceeds the maximum permissible value for
that group of goods in accordance with the General Terms and Conditions and/or the Terms
of Transport of the carrier selected by the customer; in addition, the terms of
transport of the carrier selected by the customer are applicable;
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Inadequately packaged consignments, which do not conform to the General Terms and
Conditions and/or the Terms of Transport and/or of the Packing Instructions of the
carrier selected by the customer;
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All shipments that have a value higher than the maximum permissible value specified for
a shipment in accordance with the General Terms and Conditions and/or the Terms of
Transport of the operating carrier.
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Consignments whose content, transport or external design contravenes legal or regulatory
provisions;
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Guns and firearms, explosives, drugs, tobacco;
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Consignments which are likely to injure persons or cause damage to property, easily
perishable goods, live or dead animals, medicinal or biological specimens, medical
waste, human remains, body parts or organs;
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Other hazardous materials, the shipping of which is subject to regulations, insofar as
this is not permitted under the "Regulations for the transport of dangerous substances
and property"; unless it has been handed over after consultation and on the basis of a
corresponding special agreement; Section 410 of the German Commercial Code (HGB) remains
unaffected;
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In the case of cross-border shipment: goods whose import or export is prohibited or
subject to special permits according to the laws of the countries of origin, transit,
and/or destination;
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Consignments to natural persons, corporate bodies, and corporate bodies under public
law, which are on sanction lists or subject to embargo measures;
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Goods that are not in compliance with intellectual property laws;
In addition, the exclusions of shipments in accordance with the General Terms and
Conditions and/or the Terms of Transport of the carrier selected by the customer shall
apply.
(2) The acceptance of excluded goods shall not constitute a waiver of the exclusions of shipment. shipcloud GmbH reserves the right to refuse further shipment if it becomes aware of an exclusion of shipment after acceptance of the shipment/goods. In these cases, shipcloud GmbH is entitled to utilize the goods at the expense of the customer or to destroy them in order to avoid risks. In addition to the cases regulated by law, the customer is liable for all direct or indirect damages resulting from the dispatch of excluded goods, for all consequences resulting from an illegal cross-border delivery as well as for violations of export, import or customs regulations.
Section 12 Validity of purchased shipping labels
(1) If a shipment is commissioned using the carrier DHL as part of a transport contract between shipcloud GmbH and the customer, the shipping labels (with the exception of return labels) shall be valid for ten days from their creation on the platform of shipcloud GmbH. The customer is thus obliged to transmit the shipment data (excluding those for returns) to shipcloud GmbH no more than 10 days in advance, i.e. before delivery to /collection by DHL, for the purpose of creating the shipping labels. In addition to the time stamp of the creation of the shipping label in the shipcloud GmbH system, the first scan by DHL is decisive. If the customer violates this, shipcloud GmbH shall be entitled to assume the maximum permissible weight with regard to the affected parcels and to carry out a subsequent invoice or to invoice the shipment again.
(2) If a shipment is commissioned using a carrier other than DHL within the framework of a transport contract relationship between shipcloud GmbH and the customer, the shipping labels (with the exception of return labels) shall be valid for thirty days from their creation on the platform of shipcloud GmbH. The customer is thus obliged to transmit the shipment data (excluding those for returns) to shipcloud GmbH no more than thirty days in advance, i.e. before delivery to / collection by carrier, for the purpose of creating the shipping labels. In addition to the time stamp of the creation of the shipping label in the shipcloud GmbH system, the first scan by the carrier is decisive. If the customer violates this, shipcloud GmbH shall be entitled to assume the maximum permissible weight with regard to the parcels affected and to carry out a subsequent invoice or to invoice the shipment again.
(3) Shipping labels for returns shall, in general, be valid for a period of one hundred and twenty days from their creation on the platform of shipcloud GmbH within the framework of a transport contract relationship between shipcloud GmbH and the customer. The customer is thus obliged to transmit the shipment data for returns to shipcloud GmbH no more than one hundred and twenty days in advance, i.e. before delivery to / collection by the carrier, for the purpose of creating the shipping labels.
Section 13 Cooperation Duties
(1) The customer shall select the required product at his own discretion. The customer must provide all information required for the transport, delivery and billing of the consignment correctly, completely and in a timely manner. Instructions from the customer shall only be binding if they are made in accordance with the respective product. As far as necessary, the customer has to affix shipping labels to the shipment that are clearly visible and have been completed accurately and in full.
(2) The customer is responsible for ensuring that shipping labels are properly applied in accordance with the specifications of the carrier and that there is no risk of confusion. This also includes the obligation to print the shipping labels in compliance with the minimum print quality requirements of the carriers (usually at least quality grade "B" according to ISO/IEC 15416). If the customer culpably violates this duty, he has to reimburse shipcloud GmbH for any damage resulting therefrom.
(3) It is the customer's responsibility to protect his shipment against loss, damage, etc. by arranging adequate insurance. The customer shall ensure that the shipment is ready for dispatch at an easily accessible place.
(4) The quantity, weight, and dimensions of the shipment must comply with those specified when placing the order.
(5) The outer packaging should contain no indication as to the content or the value of the goods. It is not permitted to label the packaging with the packaged goods, e.g. by means of a product illustration. The customer may only use neutral cardboard boxes and sealants. However, labelling of the packaging or adhesive tape with the company name or the logo or brands of the customer is permitted.
(6) The consignments shall be labeled in such a way as to enable a clear identification, in particular the sender and the recipient must be clearly identifiable.
(7) The customer has to ensure that damage to/loss of the consignment is excluded during transportation and that no damage is caused to third-party consignments during transportation by means of suitable and safe packaging; In addition, access to the content must be excluded.
(8) Sections 410, 411 German Commercial Code (HGB) must be attended. If a shipment does not meet the requirements of section 12, shipcloud GmbH is entitled to refuse transportation or return the consignment to the customer, or to keep it available for return.
(9) If goods (electrical devices, e.g. smartphones) are technically equipped with a remote switch-off system which makes them unusable or at least restricted/complicated to use, the customer/consigner shall immediately apply such a mechanism for the purpose of damage reduction and deterrence in each case of loss. In addition, the customer/consigner shall take all other precautions that facilitate the identification of the goods in the event of loss and prevent or at least complicate their misuse, e.g. by blocking SIM cards, indicating serial numbers or IMEI numbers.
(10) The customer/consigner shall choose a form of delivery that complies with the provisions of the Protection of Minors, provided that the goods are subject to corresponding requirements (e.g. a fixed minimum age).
Section 14 Data Protection/Collection
shipcloud GmbH respects the applicable data protection laws/provisions as well as its own privacy regulations, accessible via the hyperlink on the websites of shipcloud GmbH
Section 15 Liability
(1) shipcloud GmbH shall be liable on the basis of the same terms and conditions that the carrier selected by the customer and subcontracted by shipcloud GmbH applies to its services. The terms and conditions of liability can be viewed on the respective website of the carrier or can be obtained from shipcloud GmbH. In relation to shipcloud GmbH, the customer acknowledges the terms and conditions of the carrier as legally binding. Should these terms and conditions of liability not apply in individual cases, shipcloud GmbH shall be liable in accordance with Sections 407 et seqq. German Commercial Code (HGB) in case of national shipments; in case of cross-border shipments, shipcloud GmbH shall be liable in accordance with Section 17 et seqq. of the CMR Convention or, in case of air transport, in accordance with the provisions of the Warsaw Convention/Montreal Convention, excluding Article 25 of the Convention.
(2) With the shipment of valuables, the liability limit is raised to the declared value by the correct declaration of the value of the consignment and by payment of the surcharges levied for this purpose by shipcloud GmbH. The customer declares that the consignment does not exceed the basic liability by omitting a value declaration.
(3) shipcloud GmbH shall be liable in the event of loss or damage of shipments that comply with its terms and conditions or, in the event of any other culpable breach of duty, to the extent of typical direct damage within statutory liability limits. However, the statutory liability limits shall not apply in the case of consignments in accordance with the conditions herein and not excluded as prohibited goods, provided that the damage does not exceed EUR 500.00 in the case of parcel consignments and EUR 20.00 in the case of international "Warenpost" consignments. Liability is generally excluded in the case of national "Warenpost" as well as national and international "Warenbrief" consignments - with the exception of liability in accordance with para. 435 German Commercial Code (HGB). The customer bears the sole responsibility and the risk for all consequences resulting from an impermissible shipment of goods, in particular from the dispatch of excluded goods. In addition, the customer shall be liable for all consequences resulting from an illegal cross-border shipment of goods, in particular from violations of export, import or customs regulations.
(4) Liability of shipcloud GmbH for indirect damages and consequential costs (in particular losses, lost profits and expenses for replacements) is excluded, regardless of whether shipcloud GmbH has been advised of the risk of such damage before or after acceptance of the shipment. In addition, the statutory exclusions and limitations on liability apply (in particular Sections 425 para. 2, 427, 432 p. 2 German Commercial Code (HGB) and Articles 17 para. 4, 18 CMR Convention). shipcloud GmbH shall also not be liable for any damage resulting from the consignment inspection carried out in accordance with this contract. The customer or the recipient must notify externally identifiable damages immediately upon delivery, externally undetectable damages at the latest within three working days after delivery of the consignment, providing a detailed description of the damage. In the case of non-compliance, it is assumed that the damage was not present upon delivery. A shipment which is not delivered within 14 days after the dispatch is deemed to be lost. Claims of the customer and the recipient expire in accordance with Section 439 German Commercial Code (HGB) or, in case of cross-border shipping, pursuant to Article 32 CMR Convention. Besides, the statutory periods of limitation shall apply.
(5) For clarification, it is pointed out that within the scope of the statutory liability provisions of para. 407 et seqq. German Commercial Code (HGB) to be applied in accordance with this contract, the following shall apply: In the event of loss or externally recognisable damage the shipcloud GmbH shall be notified of the damage by the consignee or the customer at the latest upon delivery of the goods. If this is not done, it is assumed that the goods have been delivered completely and undamaged. This presumption shall also apply if the loss or damage was not apparent and was not notified within seven days after delivery.
Section 16 Insurance
(1) shipcloud GmbH recommends to insure all shipments against damage and loss. Insurance
of this kind may affect the extent of liability as defined in Section 10, as the liability
provisions of the insurance conditions have precedence.
Insurance coverage typically excludes the following:
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Damages caused by missing or defective packaging or by deliberate handling of the damage
by the customer;
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Damages to consignments whose external appearance or packaging allows for conclusions to
the value of the goods;
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Damages to shipments containing excluded goods.
(2) Within the framework of a transport contract between shipcloud GmbH and the customer, shipcloud GmbH offers transport insurance for designated consignments / types of consignments. These are either inclusive (see paragraph (3)) or can be booked in addition (see paragraph (4)). In both cases, the insurance conditions set out in the paragraphs (3), (4) and (5) et seqq. apply.
(3) DPAG "Warenpost" consignments via which a transport contract is concluded between shipcloud GmbH and the customer are always insured up to a goods value of EUR 100. This means that the insurance (incl. insurance tax) is already included in the indicated price for the shipping label.
(4) For parcels and DPAG “Warenpost” consignments for which a transport contract is concluded between shipcloud GmbH and the customer, shipcloud GmbH - depending on the desired (sub-)carrier and the desired service (e.g. standard, express) - offers transport insurance up to a value of goods of EUR 1,500 for an additional charge. The availability and charges shown on the platform of shipcloud GmbH apply (total shipment charges incl. insurance charge and insurance tax plus statutory VAT).
(5) All types of new and commercially packaged eCommerce goods in customary quantities are insured under a contract between shipcloud GmbH and a transport insurance company, unless they fall under the following groups of goods excluded from the insurance: Alcohol (duty unpaid), plant construction, antiques, cotton (sea transport), damaged goods, chemicals (sea transport), personal effects, explosive goods, fibrous materials, fresh fruits/vegetables, spices (except for standard commercial products or pack sizes for final consumers), nuclear fuels, works of art, bulk commodities in tankers and bulk carriers, ammunition, nuts (except for standard commercial products or pack sizes for final consumers), plants (live), radioactive materials, green coffee (except for standard commercial products or pack sizes for final consumers), raw cocoa (except for standard commercial products or pack sizes for final consumers), raw cocoa (except commercial products or pack sizes for final consumers), cut flowers, heavy goods (oversized/heavy goods transport), spirits (duty unpaid), steel trade products (sea transport), animals (live), watches, removal goods, unpacked goods, weapons, sugar (sea transport), jewelry, documents, drugs (in accordance with the Narcotics Law), genuine pearls, precious metals, precious stones, objects made of precious metals and precious stones, money in coins and notes, cheques, credit cards, valid telephone cards, documents, securities of all kinds as well as other goods excluded from transport (see paragraph 11). Related goods shall be assigned to the aforementioned groups of goods by analogy.
(6) shipcloud GmbH shall only be liable for damages incurred during the duration of the insurance up to the amount of the insured sum.
(7) The sum insured shall correspond to the insured value. The insured value shall be the fair market value or, in its absence, the fair market value of the goods at the place of dispatch at the beginning of the insurance, plus the insurance costs, the costs incurred up to the acceptance of the goods by the carrier and the freight finally paid.
(8) The maximum amount of liability for each means of transport / warehouse is EUR 25,000.
(9) Only transports whose place of departure or destination is within the Federal Republic of Germany shall be insured.
(10) If the goods are damaged at the beginning of the insurance period, compensation will only be paid for the loss or damage if the existing damage had no influence on the damage occurring during the insured period.
(11) The insurance does not cover the risks of war, civil war or warlike events and those arising from the hostile use of war tools or from the presence of war tools as a result of one of these risks, irrespective of the state of war. The same applies to the risks of strikes, lock-outs, industrial unrest, terrorist or political acts of violence, irrespective of the number of persons involved, riots and other civil unrest, as well as confiscation, seizure or other intervention by high authorities, from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons with a public danger effect, without regard to other contributory causes, nuclear energy or other ionizing radiation, the insolvency and default of the shipowner, charterer or operator of the ship or other financial disputes with the aforementioned parties, unless the principal / policyholder can prove that he has chosen the aforementioned parties or the commissioned freight forwarder with the diligence of a prudent businessman. The risks are also excluded if the customer / policyholder is the buyer and could not influence the selection of the persons involved in the transport according to the conditions of the purchase contract.
(12) shipcloud GmbH shall not pay compensation for damage caused by a delay in the journey, internal spoilage or the natural condition of the goods, customary differences in quantities, dimensions and weights or losses, which shall, however, be deemed to have been taken into account if a deductible has been agreed, normal humidity or normal temperature fluctuations, packaging that does not meet the requirements or improper loading, unless the customer/insurance holder is not at fault either intentionally or through gross negligence. shipcloud GmbH shall also not provide compensation for indirect damages of any kind.
(13) shipcloud GmbH shall be released from its obligation to perform if the customer/insuring holder causes the insured event intentionally or through gross negligence.
(14) Insurance cover exists from door to door and
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shall commence as soon as the goods are removed from the place where they were
previously stored at the place of dispatch for immediate carriage.
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shall end, whichever occurs first,
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as soon as the goods have been delivered to the place designated by the customer at
the place of delivery (place of delivery);
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with the passing of risk;
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as soon as the goods are forwarded to a non-agreed place of delivery after unloading
at the port of destination or airport of destination, if the change of place of
delivery increases the risk;
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60 days after unloading from the seagoing vessel at the port of destination or from
the aircraft at the airport of destination. Insofar as the customer's/insurance
owner's own interest is affected, the insurance shall not end upon expiry of the
agreed period if the insured transport was delayed by an insured event after
unloading from the seagoing vessel at the port of destination or from the aircraft
at the airport of destination and the customer/insurance owner immediately notifies
shipcloud about the delay.
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for shipments to Incoterms FOB or CFR, if the goods are stowed on board the
ocean-going vessel.
(15) If the goods are stored for the duration of the insurance, the insurance for each storage is limited to 60 days. However, if storage has not been arranged for by the customer/insurance owner, the insurance shall only remain in effect for the aforementioned period if the customer/insurance owner proves that he was not aware of the storage period being exceeded or could not influence the duration in accordance with commercial principles. If the customer/insurance owner becomes aware of the time limit has been exceeded, he must notify shipcloud GmbH of this without delay. In the case of the above periods, the date of arrival and the date of departure shall be deemed to be part of the storage period.
(16) The customer/insurance owner must notify shipcloud GmbH immediately of any loss event.
(17) Upon occurrence of the insured event, the customer/insurance owner shall avert or reduce the loss as far as possible.
(18) The customer/insurance owner shall provide shipcloud GmbH with all information necessary to determine the insured event or the extent of the obligation to indemnify. He is obliged to obtain and secure all evidence which may be of significance for the later clarification of the cause of the loss or which is necessary for the assertion of recourse claims.
(19) If the customer/insurance owner breaches one of the obligations mentioned in the sections (17) and (18) intentionally or through gross negligence, shipcloud GmbH shall be released from its obligation to perform without separate notification of these legal consequences to the customer/insurance owner, unless the breach of the obligation was neither the cause of the occurrence of the insured event nor of the scope of the obligation to perform.
(20) If insured goods or parts thereof are damaged, the fair market value shall be determined and, in its absence, the fair market value which the goods would have in the undamaged condition at the place of delivery (sound value), as well as the value which they have there in the damaged condition, shall be determined. A fraction of the insured value corresponding to the ratio of the difference in value to the healthy value shall be deemed to be the amount of the loss. The value of damaged goods can also be determined by private sale or by public auction if shipcloud GmbH demands this immediately after knowledge of the circumstances relevant to the amount of the damage; in this case the gross proceeds shall take the place of the value of the damaged goods.
(21) The customer/insurance owner must allow himself to be credited for what he has otherwise obtained to compensate for the loss.
Section 17 Miscellaneous
(1) The customer cannot assign or pledge any claims against shipcloud GmbH; money claims are excluded. Offsetting is permitted only with legally binding or uncontested claims.
(2) shipcloud GmbH shall be entitled to amend the General Terms and Conditions of Business provided that there are good reasons, in particular due to new technical developments and legal changes as well as changes in supreme judicial jurisprudence, economic conditions, market conditions or other equivalent reasons. The amended General Terms and Conditions of Business will be sent to the customer via e-mail no later than one month before they shall become valid. If the customer does not object to their validity within two weeks after receipt of the e-mail, the amended General Terms and Conditions of Business shall be deemed accepted. shipcloud GmbH will advert the customer on the two-week period within the e-mail. The amended General Terms and Conditions of Business are also published on the websites of shipcloud GmbH.
(3) Existing customers with a contract commencement before 25 May 2018 who have not yet signed (electronically or personally) the Data Processing Agreement (DPA/AV) to be concluded with shipcloud GmbH mandatorily in accordance with Art. 28 GDPR since 25 May 2018, hereby conclude the DPA with shipcloud GmbH which can be accessed via the following link.
(4) Jurisdiction is Hamburg, Germany.
