1. Shipping and delivery
In the event of false or inaccurate product description specifications provided by you, we cannot send the goods (see also section II.1.3.). If all conditions for the implementation of the transport service are given and you have paid the required total cost as well as requested the shipment of the goods, we will notify you by email and dispatch the goods to the shipping address indicated by you in the myGermany customer account. We work with parcel services such as DHL, FedEx, DPD, GLS, UPS, DBSchenker etc. We make all reasonable efforts to deliver your packages within the normal delivery times. However, delivery times cannot be guaranteed and are not a part of the contract between you and myGermany. myGermany is not liable for any damages or loss caused by delays in delivery of the logistics service provider. For protection against fraud attempts and to protect our customers, we will send your parcels only to your name and resident address which is provided by your payment provider with whom you paid the Registration Fee. We may deliver the parcels to the address specified in the client account with discharging effect to the recipient’s signature, family members of the recipient or the spouse, or others who are present in the shop or persons present on the premises of the recipient, as well as other residents and neighbors, who – based on the circumstances – can be assumed to be authorized to receive the parcel, unless there are reasonable doubts about their authority to receive goods. The rendered signature is considered to be proof of delivery and a confirmation that the order was correctly delivered with external integrity of the packaging. The order is then considered to be completed. Our logistics partners normally make two delivery attempts, or hold shipments, whose delivery has not been possible, ready for pick up at the post office for up to seven days. Should your package be very large and the shipping costs are higher than normal, delivery times can be extended. Undeliverable parcels will be returned by our logistics partners to myGermany (for more information, consult our partners). Additional return, customs costs (caused by logistic partners), and myGermany processing fees will apply, which will be charged to you. Please also note the conditions of your correct address information (section I.3.1.).
1.1. Acceptance of logistic partner terms & conditions, and liability
You adhere to our specifications regarding the goods that we cannot ship. You also confirm with our terms and conditions the acceptance of the general terms and conditions of our logistics partners DHL, FEDEX, DPD, GLS, UPS, and DBSchenker. For any violation you will be held liable and not myGermany.
1.2. Service regions (shipping, marketplace and concierge)
myGermany only ships goods to certain countries. Please inquire before you place orders. For an overview of the countries to which we ship, please click here. If parcels arrive at myGermany which should be sent to countries that are not served by myGermany, they will be sent back to the original sender. The customer will be charged an additional handling fee. Also, the concierge will not execute orders to a country not served by myGermany.
1.3. Consolidation
Your orders will be consolidated once for free. If Manual Consolidation is selected, our warehouse team will focus manually on consolidation (and is often better than system) – of course also for free. Your items will disappear from your account. We will repacked and combine them into as little packages as possible. After completion we will notify you via eMail and a new package will appear in your Inbox. Once we have consolidated your parcel, there will be no further changes for free. A new re-consolidation will be charged with a fee.
1.4. Drop shipment
With Drop Shipment, parcels are directly retransmitted according to the instructions of the customer and myGermany will not open or inspect the parcel unless automatical scans will force us so. These parcels are recorded in the system and displayed in the customer’s account with the appropriate status “Drop Shipment”. You are responsible for the correct order data. Shipping rate of Drop Shipment parcels are normally less than standard processed packages.
We need to handle Drop Shipments differently from the very beginning when we receive them in our warehsoue. Thus, an already received package which was not defined as Drop Shipment, cannot be turned into Drop Shipment when already stored in warehouse.
For Deutsche Warenpost and freight items it will not be possible to use Drop Shipment. Drop Shipment can only be applied for packages which pass our warehouse, not for pickups which are sent directly. Packages exceeding 32kg and the girth of 300cm cannot be hanlded as Drop Shipment.
1.5. Discreet shipping
If discreet shipping is desired, parcels are sent out – according to the customers instructions – ensuring that the contents or origin of the parcel is in any case not recognizable for the recipient. This option must be selected in the customer’s account at the time of ordering.
1.6. Exclusion forwarding
We do not ship to other forwarding companies. Such shipments will be canceled immediately and a handling fee will be applied.
1.6. Customer’s duty to cooperate
The customer shall comply with the export and import regulations as well as the customs regulations of the country of departure, transit and destination. The customer must fill in the necessary data for the accompanying documents (export license, customs declaration, etc.) completely and truthfully. myGermany assumes no responsibility for the correctness of these papers.
2. Shipping fees
The fees for shipping of your goods from myGermany to you consist of the shipping costs of our partners and the costs for the myGermany services. These costs are shown to you as one costs (as a shipping and handling fee).
2.1. Cost share myGermany
The service fee of myGermany for its services are contained in the total shipping costs. Total shipping costs include the following services from myGermany: consulting, providing the German address, concierge services, goods inspection incl. photographs and storage, modification packaging or repackaging, creation of customs documentation, direct and discreet shipping. Any additional costs which are incurred for returns are not included.
2.2. Freight cost of partners
The freight costs are finally determined when the parcel is received by us. In the preliminary use of our shipping calculator only an estimate based on your information can be given. The actual costs can only be determined when the parcel arrives at myGermany. Only then we have actual information about:
- Current exchange rates
- Current transport service prices (possible price changes of our logistics providers due to eg fuel surcharge)
- Country of Destination
- Actual weight and actual size of the goods (and thus we know whether possibly the girth and / or volumetric weight calculation must be used. See section I.2.2.)
According to the specifications of our shipping service provider, we cannot send parcels which exceed the maximum volume weight or the maximum girth. In this case we can only send them with increased cost. Should this be the case, we will discuss this individually with you. Once your goods have been weighed by our warehouse, we will indicate the weight and therefore the final freight costs in your customer account. For simplicity, dimensions are calculated by rounding them up or down and always in full kilograms.
2.3. Payment
If all prerequisites for the implementation of the transport service are met and you have requested the dispatch of the goods, we will ask you to make your payment online to myGermany. When the payment process is completed and the transmitted information has been verified, we will notify you by email and ship your goods to the shipping address indicated by you in the myGermany customer account. Any applicable duties, taxes or governmental settlement fees are not included in the shipping fees.
2.3.1. Subsequent payments or credits
If you accumulated credits (eg by use of the concierge staff or discount offers) or a deficit is listed (eg by use of the concierge staff or other charges), we will subsequently calculate or recredit that amount in the payment request, which you will receive when you release your goods for shipment.
2.3.2. Payment partner
Please refet to mygermany.com/payment-information/
2.4. Annual price adjustment
Each year, mainly end of year, our partners normally increase the rates per default and contract. myGermany will pass on these rates incrementalists automatically without any pre-notice to customers. Any different change for shipment or service rates will be announced to customers via eMail by myGermany.
2.5. Loyalty program
The Loyalty Program applies for sensitive and standard membership models. With our loyalty program customers save money when sending packages: the more you send the higher the discount on the next packages. We do cumulate the yearly shipping fess (excl. any additional service fees) and grant customers a discount based on the sent total amount of paid shipping fees. This offer does not represent a binding right for the customer; myGermany reserves the right to change this offer for customers based.
3. Preparation of customs documentation, customs and taxes
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 a precise description of the goods to be shipped is required. If you place your order directly to the original vendor, you are responsible for ensuring that the goods description (content, number and value) is accurately and truthfully made. For this, we ask that you immediately enter the description of your order in your myGermany account after you have placed the order with the original vendor (see also section II.2.3.). As far as you use the concierge service of myGermany, we are responsible. myGermany is not liable for any errors or misrepresentations in the description of the goods caused by you. If additional cost occur 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 parcels 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.
4. Prohibited items as well as compliance with the export and import regulations
You adhere to our specifications regarding the goods that we cannot ship. You also confirm with our terms and conditions the acceptance of the general terms and conditions of our logistics partners DHL, FEDEX, DPD, GLS, UPS, and DBSchenker. For any violation you will be held liable and not myGermany. See section III, #2.
5. Shipping insurance, liability and claims
5.1. Limited liability
If not selected any additional packaging serices we cannot be made liable for the shipments. myGermany GmbH shall be liable for forwarding of the goods under the following conditions: We are liable if damges happens caused by us, the aforementioned releases from and limitations of liability do not apply cases of gross negligence or wilful breach of contract by myGermany. When determining the amount of the compensation claims to be fulfilled by us, the economic circumstances at myGermany, type, scope and duration of the business relationship, any causation or fault contributions by the user in accordance with § 254 BGB (German Civil Code) must be taken into account. The compensation, costs and expenses must be in a reasonable proportion to the earnings of myGermany for the certain case. In no event myGermany will be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your myGermany account or the myGermany websites, even if we have been advised of the possibility of such damages. Restricted liability due to our dependence on our partners or external factors. Restrictions are e.g.:
- Works of art, film, precious stones, paintings, unique items, securities, antiques, glassware, jewelry, furs and watches are covered to a maximum of only 500 EUR
- liability exclutions:
- we are not liable for the damage or deletion of electronic or photographic images, data or recordings due to electrical or magnetic noise.
- myGermany will not cover damage to used or second-hand merchandises
- myGermany will also not cover damage to medicines.
- for sensitive items myGermany can take over limited liability only. myGermany does its very best in order to pack and secure safely sensitive items, such as breakable wooden figures or clocks etc. but can (unfortunately) never guarantee the safe journey of such items as the transport is handled by 3rd parties. Thus, each claim of such items will be evaluated individually.
- myGermany exclude liability for ceramics such as cooking plates etc. Shipping of such sensitive items cannot be insured by myGermany. Even the best packaging – even from the factory – cannot prevent damage, as internal components always get vibrated during transport
- any alcoholic products are excluded from liability
- We also exclude liablity for transportation of food or any perishable goods.
5.1.1. Limited liability for goods which are not sent from myGermany facility and/or are not packed by myGermany
myGermany is not liable for any damages for shipments which are not packed, prepared or reviewed by myGermany, e.g. myGermany was principal but not actual sender and packer. In such cases myGermany cannot influence the packaging conditions and will rely on the actual sender, thus myGermany cannot take over liability. In the case of dispatch or courier services performed by us or by third parties, special conditions of carriage apply in addition to these General Terms and Conditions. In particular, these may be the conditions of promotion of the third party. In the event of contradictions between the Conditions of Carriage and these General Terms and Conditions, the Conditions of Carriage shall apply. In the case services are performed by third parties only, we do not take over liability for the shipment. The Conditions of used third party, the carriage partner, shall apply.
5.2. Limited liability for drop shipment
If you have selected the Drop shipping option (see section III.4.) we are not liable for damages caused due to insufficient packaging or incorrect labeling by third parties.
5.3. Limited insurance for myGermany services
myGermany is obliged to arrange the insurance of the shipment only under your instruction specified in your shipping order. Insured can be a) the value of shipped package content (see below) and b) transportation costs of logistic partners. Insurance for myGermany services and material is excluded if you have not expressly pointed out special packaging requirements. All claims are to be evaluated by the transport partners first. If the transportation partner accepts the claim, myGermany may evaluate liability responsibility without any obligations.
5.4. Partners transport insurance for package contents
For each package a goods-insurance can be selected, partners will be insuring your goods for loss (an item will be considered lost if it is not delivered to you within 30 working days of expected 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):
DHL Premium 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.
DHL Express Insurance must be purchased: 1,5% of the value but minimum 20 EUR.
FedEx 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.
DPD 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.
GLS 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.
UPS 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.
DBSchenker 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.
5.5. Payments, value calculation
Transportinsurance related payments do not include customs duties, taxes or duties on the declared insurance value or other costs and / or loss or damage to the sender or recipient.
The declared transport value of each package represents the maximum amount of liability for the package shipped by us, including but not limited to loss, damage, delay, misdelivery, any failure to provide information or misinformation regarding the shipment. The sender assumes the risk for and the risk of such losses if the declared transport value is exceeded. Customers are advised to consult their insurance agents or brokers about sufficient insurance cover. EVEN IF A HIGHER DECLARED TRANSPORT VALUE IS STATED, MYGERMANY’S LIABILITY FOR LOSS OR DAMAGE TO THE CONTENT OF A SHIPMENT IS LIMITED TO THE ACTUAL VALUE OF THE SHIPMENT. MYGERMANY RESERVES THE RIGHT TO REQUEST OBJECTIVE VALUE CERTIFICATE FOR THE SHIPMENT WHOSE REPLACEMENT IS REQUIRED.
5.6. Assertion of claims
All claims must be made in writing, accompanied by original documents and photos of the damaged goods within 14 days from the date of package receipt, otherwise, we cannot assume liability. myGermany is depending and relying on the partners evaluation process; and cannot provide any replacement or compensation before the partners final decision. The review and decision process will take at least four to eight weeks.