General Terms & Conditions for Business & Fulfillment Members
- 1. General provisions & Scope
Both, the use and access to our website as well as the access to your personal customer account shall be subject to the conditions stated in these T&C. Should you disagree to the terms and conditions herein, myGermany will reject your registration and opening of a customer account. Any services provided by myGermany will, in such a case, not be rendered. By signing up with our services, you confirm to be 18 years or older, considered to be of legal age in your country of residence resp. have obtained all approvals necessary to use the services of myGermany in accordance with the applicable laws.
myGermany GmbH, with its registered office in Weimar, registered in the Commercial Register of the Jena, HRB 513646 (“myGermany”), is a company that operates software-supported packaging and shipping fulfillment in an organized manner. myGermany provides all services to its customers (the “Customer” and each Customer together with myGermany the “customer”) on the basis of these T&C, in each case in the version valid at the time the contract is concluded. The services offered myGermany are directed exclusively at companies and not at private individuals.
These T&C are binding for all current and future business transactions between the Parties, even if no express reference is made to them. Deviations from these GTC, supplementary agreements or any conflicting terms and conditions of the Customer shall only be effective if confirmed in writing by myGermany or referred to in these T&C (e.g. contract for the storage of goods).
- 2. Website
2.1. Contents, intellectual property, and terms and conditions of use
Our website and all information contained therein are made available to its visitors on a non-binding basis. The website and contents therein may contain minor inaccuracies and/or typos. Nevertheless, both the website and the account are regularly subjected to check-ups and continuous updates. In doing so, we reserve the right to make changes and amendments to the contents provided on our website at our own discretion – in cases where changes or amendments may concern our general terms and conditions or services, we will be informed about this immediately. myGermany does not assume any liability for contents and the correctness regarding any sites linked with our website. We respect the intellectual property of third parties and we pay utmost attention to all aspects related to contents protected by copyright or trademark rights. In cases of suspected violation of intellectual rights – please don’t hesitate to get in contact with us. All trademarks and brands mentioned on this website are property of their respective owners. Our website contents, the user surface (descriptions, images, and pictures) as well as all methods and processes associated with the above-mentioned are protected by copyright and trademark rights. Any further use is not permitted and subject to our express permission. The information provided on myGermany’s website must not be used for any purposes related to the offer of products, reselling activities, marketing resp. distribution purposes or the generation of a database for commercial purposes. Customers shall not be entitled to make use of duplicated or modified contents of our website. Customers shall neither be allowed to copy and publish any kind of information from other websites, nor to link any websites to myGermany, unless prior approval has been obtained. Screenshots of our website (both in electronic and printed form) must be used for individual purposes, only. Customers must not use our website and services for any illegal purposes. In cases, where we have sufficient reasons to suspect the customer is doing so, however, we reserve the right to block you or delete your customer account resp. to refuse the services agreed upon with you. Furthermore, we reserve the right to disclose customer data to official authorities or organisations in cases of delinquencies.
- 3. Cutomer data and account
3.1. Sign up for a customer account
So as to ensure for the successful signup of your customer account, we kindly ask you to provide us with a valid e-mail address, your postal address along with a shipping address, and a telephone number. You need to make sure and confirm that the information submitted by you, are correct and will be adjusted immediately, as the case may be. We reserve the right to close an inactive account, i.e. a customer account that has either not been confirmed or used for a longer period of time. In addition to this, we reserve the right to close the customer account in such events, where customers provided incorrect data or acted in a demonstrably fraudulent manner.
You commit to furnishing copies of your valid identification documents, articles of incorporation and an extract of the Trade Registry, any company registration document, proof of VAT and EORI ID, and/or others additional information, on simple request of myGermany. And companies incorporated less than one month earlier, shall also provide a copy of the identification documents of the legal representatives the company. In case of change of the legal representatives of the company, the client commits to inform us promptly.
3.1.1. Residence-related or commercial purposes
It is not possible to use the shipping address provided by myGermany for residence-related or commercial purposes. The same applies to the opening of a German bank account or the establishment of a company. Besides, it is prohibited to provide third parties with an e-mail address ending with “@mygermany.com” as a means of correspondence.
It goes without saying, that you shouldn’t disclose or pass on your account password to any third party. Individual persons or corporate bodies authorized by you to do so, are certainly entitled to the use of our services. We would like to make you aware of the fact, that both the liability and responsibility for any and all activities taking place in relation to your account will be borne by you. In other words, you will be responsible for each and every activity taking place in your account, as far as said activity happens on your account, i.e. under the use of your username and password. You obligate yourself to:
- Protect your account from unauthorised access, as far as you’re able to influence said activities (e.g. by logging off every time you’re finished with your session, not passing on your password to any third parties). Please inform us immediately in cases, where you notice any unauthorized use of your customer account. We will take immediate measures and, according to circumstances, block, deactivate, or try to cancel any transactions made with respect to your account.
- Not order or purchase any products, goods, or items (refer to Section III.2.) which are prohibited by law.
- Comply with all legal provisions and regulations concerning all products you order through us in order to resell those. Furthermore, you obligate yourself to adhere to all legal applicable provisions and regulations, as well as restrictions stated by law or the original seller.
Your account data will be stored, processed, and managed by our company in Germany. You can take it for granted, that your data won’t be sold or disclosed in any other way to third parties, whereas this does not apply to our logistics partners, and our online payment system providers. For this purpose, we kindly ask you to refer to our comprehensive elucidation of our Data Privay Policy.
Unless otherwise agreed, you have the right to terminate your account by means of e-mail or postal mail at any time by giving five working days’ notice to the end of any calendar month by giving written notice of termination. For yearly subscriptions four week’s notice to the end of any calendar month is required. Our T&C shall remain in force for shipments already ordered at the time of termination. Changes to the subscription can be made by the customer independently in your customer account, whereby changes always take effect with the following calendar month.
- 4. Exclusion of warranty and limitation of liability
The use of our website is at your own risk. You, hereby, acknowledge that our website-based services are provided at your disposal as is and without warranty for defects. We don’t assume liability for the continuously flawless operation and functionality of our website. myGermany does not assume any liability for cases of impossibility, delays, or interruptions when it comes to the access of your customer account. Moreover, we can’t ensure the flawless execution of your payment transactions, as possibly occurring problems may be beyond the scope of our influence or not the result of any actions taken by us (e.g. erroneous connections, networks, or software). We are committed to make sure that our website is being kept free from malicious software or programs. However, we cannot assume liability that this will always turn out successfully. Therefore, we recommend you to take all necessary safety measures before accessing to or downloading information from our website. By no means, myGermany will assume liability for direct or indirect damages resulting from the use of or access to our website. The same applies regarding the sharing of contents of our website. myGermany will also not be liable for any damage claims arising out of the use of your account or our website. myGermany does not tolerate any kind of illegal activities. In cases, where a member commits a crime and/or is prosecuted due to illegal activities related to the purchase of a product through us, all legal expenses and other costs incurred shall be borne by the customer. myGermany repudiates such kind of activities in the strongest terms and assumes no responsibility for the activities of their customers or members. In the event of any criminal act committed by any of myGermany’s customers or members, myGermany will cooperate closely and fully with the German police departments.
- 5. Data Privacy and Protection
myGermany is entitled to provide the services itself or by commissioning other contractors (e.g. carriers or couriers) (“Logistics Service Provider”). Unless otherwise agreed, myGermany shall be responsible for the selection of the logistics service provider. If certain service providers are to be excluded or selected on a preferential basis, this must be agreed separately.
myGermany reserves the right to divide shipments among several packages if this makes sense for optimal shipment processing. Orders entered in the myGermany system and released by the customer can be adjusted or cancelled by the customer until processing by myGermany has begun
myGermany agrees to provide warehousing and dispatch services for customer at the warehouse facility in Weimar, Germany. myGermany provides services such as an address, storage cope, receives shipments, replaces invoices with customer shipping documents (invoice, dispatch note, proforma invoice), prepares shipping documents, and initiates shipments to end-Partners. Shipments will be issued within myGermany customer account or via eMail, using myGermany`s carrier partners, or customers carrier partners.
All Goods shall be delivered to myGermany properly marked and packaged for handling. myGermany may, at its sole discretion, reject any shipment of goods that it deems to be improperly marked, packaged or contains any hazardous material (unless specifically agreed to by myGermany). Customer agrees and acknowledges that myGermany shall maintain a warehouse team gaining customer relevant competencies in order to streamline processes. In the event myGermany is required to exercise its lien, customer shall be responsible for all necessary and reasonable costs incurred by myGermany including, but not limited to, reasonable attorney fees.
Shipping documents will be generated by myGermany using the information provided by customer.
myGermany does not receive or send Prohibited Items, therefore you agree not to deal with such items.
III Customs duty, import and export activities
myGermany takes care of the customs clearance itself or has it done by commissioned third parties.
The customer shall provide all information required for customs clearance correctly and completely and shall be liable for all damages resulting from incomplete or incorrect information or documents.
myGermany creates all customs documentation necessary for export and import. myGermany takes special care that all customs charges and taxes are paid to the relevant customs and tax authorities and that there is compliance with all legal export and import regulations. For this purpose is required:
- – a precise description of the goods
- – customs tariff numbers
- – customs power of attorney (“POA”)
- 1. Direct and indirect representation
German customs requires the importer to be located with subsidiary in the EU (permanent physical establishment in the EU incl. EORI number (this must be registered to an EU address) in order to be entitled to import goods into the EU (Art. 77 Abs. 3 UZK & Art. 170 Abs. 3 UZK)! In exceptional cases and at the discretion of the customs officer, the import may pass even without a permanent address in the EU.
- Direct Representative = the representative acts in the name and for the account of a third party
- Indirect Representative = the representative acts in his own name but for the account of a third party
Thus, an indirect representative will be fully liable for the import, regarding tax and accounting storage obligation. myGermany acts as direct representative normally for its customers. In case, an indirect representation is needed, myGermany may also support, under following conditions:
- – you open a Business Account with us
- – and provide following generic documents:
- – proof of your company registration, or identity for private people
- – proof document of Germany VAT ID if available
- – proof document of Germany EORI ID if available
- – signed POAs
- – simple and user-oriented description, value and customs tariff numbers
- – entitle myGermany access to your records up to 10years (as myGermany is up to 10years liable to the customs for your imports)
Per each import, where myGermany acts as indirect representative, we charge a processing fee.
If additional cost occurs on the basis of false or erroneous representations, you will be solely responsible. You agree to indemnify myGermany from all claims, losses, damages, liability and costs (including reasonable attorneys’ fees), which may occur if you make any false statements regarding content or value of the parcels for export purposes and / or do not comply with our Terms and Conditions. We would like to point out that customs randomly inspects shipments or is allowed to inspect parcels at any time. If incorrect product descriptions or product value shall be obtained, parcels may be retained by customs. In addition, there may be additional cost due to fines. myGermany creates all customs documentation necessary for export and import, but is not responsible for the payment of any applicable taxes and duties – the responsibility rests solely with you.
IV Receipt and storage at myGermany
- 1. Packaging
The packaging must be suitable to survive a fall from a height of 120 cm without damage. In the case of packaging by the customer, the customer must ensure that the packaging is suitable for shipment and myGermany is not liable for any damage resulting from inadequate packaging (see also point 8 of the GTC). myGermany will pack the items to be shipped in a manner suitable for shipment at the request of the customer. For items that are packed by myGermany, myGermany guarantees the packaging suitable for shipment.
- 2. Goods receipt and inspection
The customer entitles us to sign the delivery note of incoming shipments on their behalf. Our staff takes delivery of shipments day by day, record the data in our computers, open, weigh, photograph and check them for damages, completeness, and compliance with the respective product description – for this reason, it is of utmost necessity that you provide us with a precise description of the product.
We take no liability for any damages or losses that might occur in the transit to our warehouse.
We accept shipments delivered in the form of packages, parcels, letters, pallets sent by truck or container, addressed to us. Shipments with prohibited items, such as dangerous goods, will be rejected. Any costs incurred due to that will be charged to your account.
myGermany reserves the right to exclude certain items from shipment or to make the shipment of certain items subject to special packaging or other restrictions. The exclusion and restrictions from shipping of certain items are governed by the exclusion list in effect at the time of the shipping order, which can be found here (“Restricted and prohibited items”).
The shipment of dangerous goods in the sense of the “European Agreement concerning the International Carriage of Dangerous Goods by Road” (“ADR”) or “Dangerous Goods Regulation” (“DGR”) of the IATA regulations is excluded.
Unless expressly agreed otherwise, the shipped items shall not exceed the following maximum values:
- Maximum weight: 31.5 kg when packed
- Maximum side length in packed condition: 120 cm;
- Maximum girth dimension: 360 cm.
In the event that the maximum values are exceeded or excluded items are shipped, the Customer shall pay to myGermany any additional costs incurred as a result, as well as the return delivery fee if the goods are returned to the Customer. Damages resulting from the shipment of excluded items shall be compensated by the customer.
- 3. Restricted and prohibited items
myGermany will not accept or forward any goods, which are, due to the cargo conditions or conditions applying to the import and export of goods of a country, subject to prohibition resp. subject to a particular handling. In cases where shipments contain such kind of products, we will get in touch with you and coordinate the further proceedings with you. Unless otherwise requested from you, we will return prohibited goods to the original seller. The fee incurred for this will be charged with € 20. You undertake to comply with all applicable conditions: a) of the country of dispatch and b) of the country of destination. In addition to this, you oblige to not use myGermany for the carriage of illegal goods. As of the definition of illegal or prohibited goods, myGermany complies with the rules of the respective country or import or export, as well as with the provisions specified by the German customs authorities (Zolls), and the provisions of our carriage service providers. We don’t take delivery or forward products, such as:
- Explosive or highly combustible materials like perfume or perfume spray, motor oil, lighters with fuel, etc.
- Ecologically damaging and radio-active substances
- Materials subject to particular effort or materials, which are particularly sensitive to high temperature or pressure, including pyrotechnic articles
- Weapons, parts of weapons, or items that might harm or violate people
- Items used for military purposes, such as sonar systems, lasers, software, or airplane components
- Cadavers or living animals
- Credit cards, money, or valid phone cards
- Tobacco products, narcotic substances, non-permitted medical products or virulent substances
- Goods classified as hazardous material
- Goods, which are due to this provisions prohibited or restricted by relevant authorities and organizations (ICAO, IATA, government, etc.)
- Goods, which lead to the assumption, that such kind of shipping would violate the above-mentioned regulations and legal provisions
We would like to point out that myGermany will comply with all applicable export and import laws and that we reject the shipment of items, for which a separate export or import permit is required. You carry the responsibility and agree to indemnify myGermany of all costs and fines incurring for myGermany, if it is determined that a consignment of these terms violates these regulations, as well as court costs and attorney fees incurred for myGermany in connection with such violations. myGermany has the right to terminate your account and your use of myGermany services if you violate any of the above regulations and acknowledgments In case, we have missed or miss-interpreted dangerous goods when checking received shipments and have forwarded them, myGermany shall not be liable for any damages, losses or fees caused, or presumably caused or in connection with these items. Any related costs will be passed on to the end-customer.4
- 4. Communication
Our staff is to be reached via eMail. Inventory overview is shown in your customer account at a high level, and in a shared Excel file in detail.
- 5. Inventory responsibility
The customer is responsible for the correct accounting of his inventory in our warehouse, we do provide an current inventory overview via Excel sheet without any guarantee.
- 6. Storage of goods
We store your goods our warehouse at € 15,00 per cubic meter and month for the first three months. After three months, charge is € 150,00 per cubic meter and month.
Deviations from these, supplementary agreements or any conflicting terms and conditions of the Customer shall only be effective if confirmed in writing by myGermany.
- 7. Property of goods
All goods are the full property of and shall belong fully to customer. Related thereto, customer is legally bound to fulfil duty of care as described above.
- 8. Liability Limitations
myGermany possess a business liability insurance at R&V Versicherung Germany.
myGermany limits its damage liability to the lesser of the actual product value (customer cost of the goods) for any damage however caused, including damages caused by the negligence of myGermany’s employees. myGermany shall not be liable for any loss or damage to the goods unless the loss or damage resulted from the failure of myGermany to exercise such care in regard to them as a reasonably careful person would exercise under like circumstances. myGermany shall not be liable for any such loss or damage, which could not have been avoided by the exercise of such care.
V Transport of your goods
- 1. Transport
Shipments will be issued within myGermany customer account or via eMail, using myGermany`s carrier partners, or customers carrier partners.
- 2. Transport Insurance
If myGermany executes the shipment, for each outgoing shipment transport insurance against damage and loss to/of property can be included. The insurance rate always refers to the value of the consignment.
myGermany furthermore suggests, that customer shall at its sole cost and expense, maintain in full force and effect the following types and amounts of insurance, or customer shall elect to self-insure any portion thereof: (a) All-Risk Property Damage insurance insuring the goods in an amount not less than the actual Replacement Cost thereof, subject to any commercially reasonable deductible amounts as determined solely by customer, and (b) Cargo Insurance on an all risk basis for any and all transportation exposures, whether related to an owned vehicle or a third-party contract or common carrier, in an amount not less than the actual replacement value thereof, subject to any commercially reasonable deductible amounts as determined solely by customer. Upon myGermany’s request, customer shall provide myGermany a certificate of insurance showing that such insurance coverage has been obtained and procured by customer. Furthermore, customer agrees to indemnify and hold harmless myGermany and related companies harmless against loss of any kind except as provided under Warehouseman’s Legal Liability coverage.
2.1. Limited insurance and liability of our carrier partners
For your goods which are sent by the mail order vendor to myGermany, the mail order vendor is exclusively liable. Goods that are shipped from myGermany to you are insured by our partners for loss (an item will be considered lost if it is not delivered to you within 30 working days of receipt) and damage. The partners insure the items according to the Warsaw Conversation. All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest or future business). The insurance acts as follows (based on the shipping conditions of our insurance partners):
Your goods are automatically covered at no extra cost up to a value of EUR 500.
*Up to an order value of EUR 2,500 we charge EUR 20.
*Up to an order value of EUR 25,000 we charge EUR 70. If you prefer a higher insurance, please contact us.
Insurance must be purchased: 1,5% of the value but minimum 20 EUR.
Goods are insured with 1 kg each at 22 EUR.
*additional insurance must be purchased: for each additional 100 EUR value of goods we charge 2 EUR.
Your goods are automatically covered at no extra cost up to a value of EUR 520.
*Up to an order value of EUR 10,000 we charge EUR 50.
Your goods are automatically covered at no extra cost up to a value of EUR 750.
*Up to an order value of EUR 5,000 we charge EUR 20.
Your goods are automatically covered at no extra cost up to a value of EUR 510.
*additional insurance must be purchased: 1,5% of the value but minimum 10 EUR.
Goods are insured. Each insurance is based on an individual calculation (as DBSchenker is used for freight only). If you do not select additional insurance, you assume all risks of loss or damage over the amount of standard liability as stated above.
myGermany is only liable for damages caused by gross negligence or intent. The liability of myGermany for slight negligence – with the exception of personal injury – is excluded. In the case of liability by myGermany, the net purchase/production value or, in the case of used items, the current market value shall be replaced as damage. The liability is – subject to mandatory legal provisions – in any case limited to the above mentioned amounts per shipment.
There shall be no claim for reimbursement of shipping costs, compensation for lost sales or compensation for damages in the event of delays in delivery or failure to leave delivery notifications.
Liability is excluded if the damage is due to circumstances which myGermany or the logistics service providers / carrier partner could not avoid and the consequences of which they were unable to prevent. For breakage damage to glass, porcelain and similar fragile goods or equipment parts, liability is excluded, unless otherwise expressly agreed individually. For films, DVDs and other data carriers, liability is limited to the material value. It is clarified that in the case of damage to electronics – especially consumer electronics – the customer bears the burden of proof that the damage was caused in transit.
The customer agrees to the delivery of invoices exclusively in electronic form. At the customer’s request, a paper invoice shall be sent to the customer free of charge.
The set-up fee and monthly or yearly subscription fee is charged in advance and other service costs (e.g. shipping, packaging and storage costs) in arrears. The fee is due upon receipt of the invoice by the customer and is payable within seven business days of the due date. Invoicing of the serices shall generally take place on a monthly basis – unless expressly agreed otherwise – on the basis of the work performed in the corresponding month.
In the case of a one-time order by the customer, the invoice shall be issued immediately after the shipment has been carried out and the fee shall be due upon receipt of the invoice by the customer and shall be paid within seven working days.
- 1. Methods of Payment
For payment you have various payment methods to choose from (myGermany reserves the right to exclude particular methods of payment to the customer):
ApplePay, AliPay, Creditcard (such as AMEX, JCB, UnionPay, Visa, Diners, Mastero etc.), Skrill Digital Wallet, Paypal, Payoneer, or Bank Transfer.
The customer must ensure that the payment information is correct and up to date. Additional costs incurred in case of payment problems (e.g. credit card declined) are to be reimbursed by the customer.
In the event of late payment by the Customer, myGermany shall be entitled to charge interest on arrears in the amount of 10.0 percentage points above the base interest rate from the respective due date. Furthermore, in the event of a delay in payment, the Customer undertakes to reimburse myGermany for reminder and collection expenses as well as all costs necessary for the appropriate legal prosecution. In any case, this includes two reminders by an authorized collection agency as well as a reminder from a lawyer commissioned with the collection.
VII General Information
- 1. Change in Terms and Conditions
myGermany may change the Terms and Conditions as well as the services temporarily or permanently at any time, without a consequent liability to the customer (except for products that were ordered before modification, suspension or ending). Such change would be adequately announced by us on our website and via mail to our registered customers. The Terms and Conditions herein constitute the entire agreement between myGermany and its customers. All other priorly written or oral statements will be replaced by it.
- 2. Relevant Jurisdiction
These terms and conditions, the disclaimer, and all claims which are based on our Terms and Conditions, are subject to German law. The parties submit to the exclusive jurisdiction of the competent court in Weimar / Thuringia, Germany. The provisions of the UN Sales Convention are excluded.
- 3. Provisions becoming invalid
If any provision of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision an appropriate or at least similar replacement provision is agreed upon, which myGermany and its customers would have agreed upon in order to achieve the same economic result if they had known the invalidity of the provision. This also applies in case of incompleteness. If any provision of this Agreement is declared as unlawful, void or unenforceable by a court or a competent authority, such provision shall be deemed as removed without affecting any of the other provisions.
These Terms and Conditions are subject to our myGermany GmbH. All rights reserved.