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Terms of use

Terms of Use of ITA Shipping GmbH, hereinafter referred to as LetMeShip.

Version: June 2018

 

  1. Area of application

The statutory provisions and relevant international agreements shall apply for all services that are ordered via the multi-carrier shipping platform and provided by LetMeShip, unless otherwise provided for hereinafter.

LetMeShip tasks established transport companies (sub-carriers) with transportation services in order to fulfil contractual obligations. Where particular sub-carriers are indicated as the shipping partners for specific transport services available from LetMeShip, those transport partners’ general business and Insurance conditions, in the version that is valid at the time the order is placed, shall apply in addition to LetMeShip’s General Business Conditions. The same shall apply in cases, where LetMeShip specifically references the business conditions of the transport partners in the following provisions. In these cases, the referenced provisions shall take precedence over these Terms & Conditions, if and to the extent to which they deviate from the latter.

For the purpose of these General Business Conditions, it shall apply as follows:

“General Business Conditions”, “Terms & Conditions”, “Conditions”
These General Terms and Conditions for ITA Shipping GmbH

“LetMeShip”
ITA Shipping GmbH

“Sender”, “Customer”
Any commercial undertaking according to § 13, § 14 of the German Civil Code BGB that tasks LetMeShip with the provision of services based on these Terms & Conditions or the Sender specified on the consignment note.

“Recipient”
Any consumer or business according to § 13, § 14 of the German Civil Code BGB that receives consignments due to a contract concluded between the Sender and LetMeShip based on these Terms & Conditions or the Recipient specified on the consignment note.

“Consignment”, “Consignments”, “Services”
The goods (parcels, packages, general cargo) that shall be transported by LetMeShip or by a transport company tasked by us based on a contract concluded between the Sender and LetMeShip.

The relevant conditions and rates of the respective sub-carrier shall apply for the provision of special additional services in the context of the transport services. Special additional services include in particular insurances, transport of oversized items, address corrections, proof of delivery or any other separately ordered services as well as additional costs that arise due to incorrect weight or address information.

The General Business Conditions of LetMeShip and the relevant special conditions of the sub-carriers shall apply exclusively. Conflicting terms and conditions of contract partners shall only apply, if LetMeShip has explicitly agreed to their application in writing. LetMeShip hereby explicitly rejects any standard reference to the contract partner’s own terms & conditions.

  1. Access / registration

Registration is required for using the paid services. The Sender must fully and correctly enter the data requested during the registration process. After registering, the Sender will receive a user name and a password. The Sender must protect the allocated user name and password against access by third parties.

  1. Services provided by LetMeShip / conclusion of a contract

The Sender tasks LetMeShip with the provision of the transport services advertised online by LetMeShip on the multi-carrier shipping platform. LetMeShip does not perform the transport services as the freight carrier, but tasks established nationally and internationally active transport, courier and express companies, depending on the respective form of transport. LetMeShip provides the Sender with a calculation of costs for shipment of a particular Consignment, performed by the sub-carriers that cooperate with LetMeShip, to enable the Sender to compare services and to then book shipment directly from LetMeShip. Any quotes issued by LetMeShip are non-binding and subject to availability of the transport capacity advertised at the prices indicated by LetMeShip. LetMeShip becomes the Sender’s transport partner based on an order confirmation issued by LetMeShip and undertakes to task the sub-carrier indicated by the Sender with performing the transport services.

The sub-carrier also reserves the right to engage sub-contractors. Transport contracts for goods that are excluded from transport according to section 4 shall not enter into effect. LetMeShip further reserves the right to reject the shipping of Consignments to natural or legal entities or organisations that LetMeShip knows to be included in sanction or embargo lists or for which any other type of cooperation ban is in place.

Details about the transport options (modes of transport) provided by LetMeShip are available on the multi-carrier shipping platform. The same applies for the sub-carriers used by LetMeShip to perform the services.

LetMeShip and their sub-carriers are free to choose the route, means and type of transport in deviation from the specifications included in the consignment note. The shipment times determined via LetMeShip are stated in working days (Monday to Friday) and are of an indicative nature, unless a particular delivery date is explicitly agreed upon. Permitted dimensions, weights, prices and services are based on the scope of services and the mode of transport selected by the Sender. Instructions issued by the Sender after a Consignment has been handed over, do not have to be observed. § 418 sections 1 to 5 and § 419 of the German Civil Code BGB shall not apply.

The Sender is able to use additional services free of charge, such as the address book function for easy data entry, the log book function for a daily presentation of shipments handled in the past and the packaging item function for easier data entry for recurring packaging dimensions and weights.

  1. Goods that are excluded from transport

With the exception of special deliveries that are individually agreed upon with the Sender, the following goods shall be excluded from transport:

  • goods that are subject to national or international regulations concerning dangerous goods (e. g. by IATA),
  • goods that may pose a threat to human beings or other transported goods,
    due to their properties or packaging,
  • goods that require special safety measures or official approval,
  • goods whose shipment, transport or storage is banned in the sending, destination or in a transit country or is a violation of export or import prohibitions or any other legal regulations,
  • banned items pursuant to the attachment of regulation (EC) no. 2320/2002 of the European
    Parliament and the Council dated 16 December 2002 on common rules in the field of
    civil aviation safety (Regulation (EC) no. 2320/2002).
  • Means of payment, telephone and prepaid cards, pecuniary documents and transferable securities (e. g. money, credit cards, cheques, savings books, bills of exchange, securities);
  • items of extraordinarily high value (e. g. works of art, unique items, antiques, securities, precious stones, precious metals, genuine pearls, postage stamps, coins);
  • all types of motor vehicles
  • live animals and plants, animal remains, human body parts or mortal remains;
  • Narcotics and pharmaceuticals, weapons and explosives, food products and alcohol, frozen goods,
    tobacco goods;
  • Radioactive substances and nuclear fuel (if in access of legal allowance thresholds)
  • weapons and ammunition (with the exception of hunting and sports weapons and ammunition)
  • explosive goods pursuant to section 1.1 of the regulation for maritime transport of dangerous substances
  • drugs that are subject to the law regarding trade with narcotics (opium act) dated 10 December 1969 in its
    currently valid version.
  • Glass, porcelain etc. and delicate electronics, used or damaged goods;
  • mobile phones;
  • goods that are of low value in themselves but whose loss or damage may lead
    to significant consequential losses (e. g. data carriers with sensitive data);
  • Consignments franked as “freight collect”;

 

No valid transport contract shall enter into effect for items that are excluded from transport.

Perishable or temperature-sensitive goods that are not excluded from transport due to the provisions listed above, are transported at the Sender’s risk; there shall be no special handling.

Document shipping is not available for consignments that require a customs declaration. Goods shipping must be selected for such goods.

LetMeShip is not obliged to verify, whether a Consignment contains items that are excluded from transport or perishable or temperature-sensitive goods, or whether a customs declaration is required. The Sender cannot assert any rights against LetMeShip, even in the even that the Sender has added a note to their Consignment stating that it contains an item that is excluded from transport or any perishable or temperature-sensitive goods or that it requires a customs declaration.

  1. Obligations of the Sender

Collection/provision: The Sender must provide the Consignment ready for shipment at the collection time that is provided for in the contract or notified by LetMeShip, and to hand it over either themselves or have it handed over by a third party in an easily accessible place. In particular with regard to its number of items, weight and packed dimensions, the Consignment must correspond to the specifications provided to LetMeShip and it must not be an item that is excluded from transport according to section 4. The Sender is obliged to reimburse LetMeShip for any additional expenses that arise due to deviations. The Sender shall pack the Consignments in a manner that ensures that they are protected against loss or damage and that also prevents harm to any third party consignments. Paragraphs 410 and 411 of the German Commercial Code HGB must be observed.

Completing the consignment note: The Sender will either receive a completed consignment note as a PDF file, following receipt of the order confirmation or from the sub-carrier upon collection of the Consignment. In the latter case, the Sender must complete and sign the consignment note. It is essential that the details in the consignment note must correspond to those provided electronically to LetMeShip, to allow for the shipping order to be carried out correctly. The details provided electronically to LetMeShip shall take precedence in the case of any deviations. Additional costs that arise from such deviations shall be borne by the Sender. The Sender is always obliged to enter the customer number provided by LetMeShip in the box labelled “customer number”.

Address: The Recipient’s address must be specified in the shipping order and on the consignment note, written in the way that is customary for the country of destination; Consignments for which only a post office box, a
parcel station or a similar depot is indicated will not be shipped.

Packaging/labelling: The Sender must hand over the Consignment in sealed and sturdy packaging that is suitable for the particular contents and the agreed upon mode of transport and that – provided that the Sender is not a consumer – complies with relevant packaging guidelines and general trade custom. The Sender must label the Consignment properly and clearly (indicating possible hazards, fragility or proneness to damage etc.). Where required, the Sender must affix labels to the Consignment that are completed sufficiently and correctly, including the Recipient’s address. The Consignments must be labelled in a manner that allows for clear identification of the Sender and the Recipient.

The Sender is obliged to inform LetMeShip and their sub-carrier about any special and non-obvious properties of the Consignment that may have a significant impact on the provision of the services.

Customs procedures: The Sender authorises the sub-carrier that is commissioned by LetMeShip to carry out the required customs procedures. The Sender must add all documents and information to the consignment note that are required for the particular Consignment and they shall warrant that they have complied with all relevant customs regulations. LetMeShip and their sub-carriers are not obliged to verify the correctness of information provided by the Sender; under no circumstances will they be liable for any acts or omissions by the Sender or the customs authorities.

  1. Non-acceptance or abandonment of transport

LetMeShip reserves the right for themselves and their sub-carriers to exclude from transport any Consignments that contain items that are excluded from transport, that are not suitable for transport, not adequately labelled / packed for transport or that are not accompanied by the required documents or to abandon the transport of such Consignments and/or to hand these over to official bodies. This shall also apply for Consignments whose contents or packaging poses a threat to human beings or means of transportation or that may cause damage to other transported goods.

  1. Right of inspection and correction

LetMeShip, their sub-carriers, regulated agents pursuant to the regulation (EC) no. 2320/2002 and any public authority, in particular customs authorities, shall be authorised but not obliged to open and inspect the handed over
Consignments, if they have a legitimate interest or in the case of imminent danger. LetMeShip reserves the right to correct any detected weight or volume deviations in the consignment note. The Sender’s sole liability for the correctness of their declarations shall remain unaffected.

  1. Delivery

Delivery of the Consignment with exempting effect for LetMeShip shall take place to any person that is present at the Recipient’s business or private household address that is specified as the destination address, provided that there is no justified doubt as to their authority to receive the goods. Shipments to Recipients in shared facilities (e. g. hospitals) can be delivered to a person/office that is authorised by the management of the facility to accept Consignments.

Evidence of orderly delivery can also be provided in the form of the digitised signature of the Recipient and a reproduction of such signature. This type of signature shall have the same validity as a traditional signature on paper.

If delivery of the Consignment is not possible due to reasons beyond LetMeShip’s control, the Consignment shall be considered undeliverable. Undeliverable Consignments are returned to the Sender at the Sender’s expense.
There shall be no return deliveries abroad. LetMeShip shall have the right to open any undeliverable Consignments that cannot be returned to the Sender. In the event that the Sender does not accept a return delivery or if returning the Consignment is not possible for any other reason, LetMeShip shall have the right to use, destroy or sell the Consignment. The Sender shall bear all costs that arise due to returning, disposal or multiple delivery attempts.

Collection and delivery is generally not available on Saturday, Sunday and public holidays. Such collections and deliveries can be arranged by special request by the
Sender and subject to additional charges.

Cash on delivery services are not available.

  1. Prices / payment conditions / additional services and costs

The transport prices calculated and quoted by LetMeShip are based on the information provided by the Sender. The final amount payable may differ, if these details turn out to be incorrect. The applicable rate is based on the price list of the sub-carrier selected by the Sender that is valid on the day of booking. A lack of availability of transport capacities with the commissioned transport company may lead to price changes. Additional expenses that arise due to incorrect information provided by the Sender must be borne by the Sender. The Sender shall indemnify LetMeShip from any claims asserted by the sub-carriers, due to additional expenses.

The prices do not contain government fees, customs duties, tax or any other duties. Furthermore, the Sender must reimburse LetMeShip for any costs that arise or are disbursed in their interest in the context of transporting the Consignment. This shall also apply for the cost of return transportation.

LetMeShip has the right to charge the Sender a rebooking fee of EUR 7.50 for Consignments that are booked incorrectly by the Sender (wrong customer account) and therefore require correction. An additional charge of EUR 2.50 is payable, if the Sender would like a paper invoice. The amount of EUR 5.00 is charged to the Sender for any subsequent bookings that are not made via the LetMeShip portal. Customs statements are charged at EUR 2.50 each. Customs statements do not include payment of custom duties, fees and import sales tax by LetMeShip. The amounts indicated above are subject to VAT at the rate applicable at the time the order is placed. Payment is due immediately after booking. It is collected from the indicated bank account within 48 hours of the specified collection date in the case of payment via electronic direct debit and as part of the next general invoicing in the case of credit cards.

Payment against invoice is only available for commercial transactions and a valid VAT identification number (VAT ID) must be provided. If payment against invoice is selected, the invoice amount
is payable within 10 days of the invoice date. The invoice is considered received three working days after the invoice date, unless otherwise proven by the Sender or the Recipient.

Default shall occur automatically, without further notice, if the invoice amount is not paid within 10 days of the issue and receipt of the invoice. Default interest for commercial transactions is charged to the amount of 9 percent for commercial transactions or 5 percent in the case of private individuals, above the base rate of the European Central Bank.

The Sender shall be obliged to pay additional charges for particular services provided by the selected sub-carrier, such as proof of delivery, address correction and additional handling per item.

  1. Right of lien and retention

LetMeShip shall have a right of lien and a retention right regarding the goods and other assets under their control, for all claims from the shipping contract as well as for undisputed claims from other shipping contracts concluded with the Sender. The right of lien and retention shall be limited to the statutory right of lien and retention. The period of one month that is provided for in § 1234 of the German Civil Code BGB shall be replaced by a period of two weeks.

If the Sender defaults and after due notice, LetMeShip shall have the right to privately sell the amount of the goods under their control that is required at their dutiful discretion to settle all claims.

  1. Liability of the Sender

The Sender shall be liable for any direct and indirect damages that arise for LetMeShip or their sub-carriers due to the Sender handing over Consignments that are excluded from transport (section 4) or due to their culpable failure to fulfil their cooperation duties (section 5) at all, correctly or in full. The compensation obligation includes possible fines, penalties and legal defence costs. The Sender is furthermore liable for any direct or indirect damages that arise due to their culpable violation of obligations, in particular for the violation of obligations based on these Terms & Conditions. Liability shall extend to behaviour of their vicarious agents or assistants and to the Sender’s authority for arranging transport of the Consignments.

The Sender shall hold LetMeShip harmless against any claims from third parties, provided and to the extend that such claims can be attributed to the fact that the Sender has violated their duties and obligations according to these Terms & Conditions or if a third party asserts its rights to the Consignment.

  1. Liability of LetMeShip

LetMeShip shall be liable for full or partial loss or damage of the Consignment during transport as well as for delays in delivery, subject to mandatory statutory provisions, pursuant to the following paragraphs:

For contracts with businesses for shipment of a Consignment and in deviation from § 449 section 1 of the German Commercial Code HGB, LetMeShip’s liability in the event of loss, partial loss or damage to the Consignment shall be

limited to 2 special drawing rights (SDR) per kilogramme of gross weight.

A special drawing right is the unit of account used by the International Monetary Fund. The amount is converted into euros based on the value of the euro on the day the Consignment was accepted for shipping or on a date agreed upon by the parties. The amount shall be determined using the calculation method that the International Monetary Fund applies for its operations and transactions on the relevant day.

Liability for non-compliance with delivery times in commercial transactions is limited to three times the value of the cargo. Liability for non-compliance with delivery times shall be excluded for letters and letter-like Consignments.

If and to the extend that the sub-carrier named by the Sender grants the right to reclaim the shipping price fully or in part, under certain circumstances, LetMeShip shall hereby assign any claims that arise against the sub-carrier in this context to Sender, provided that the contractual or statutory conditions for such a claim are met. The conditions under which the sub-carrier grants repayment of the shipping price are available from LetMeShip for inspection or are provided in the respective sub-carrier’s Terms & Conditions.

Liability of LetMeShip for damages during transport of Consignments that are excluded from transport (section 4) shall be excluded. LetMeShip is also not liable for any damage that occurs due to insufficient packaging by the Sender. Furthermore, liability shall be excluded for damage caused by third parties, force majeure, atmospheric influences, failure of appliances, impact by other goods, damage due to animals, changes that occur naturally to the transported goods, aggravated theft or robbery, unless evidence can be provided that LetMeShip has culpably caused the damage.

Compensation for any damages that go beyond direct damage, in particular indirect and consequential expenses, such as purely economic losses, lost profits, lost business opportunities or loss in turnover as well as any expenses for substitution shall be excluded. The legal disclaimers and liability restrictions such as § 425 section 2, § 427, § 432 sentence 2 of the German Commercial Code HGB and article 17 section 4, article 18 CMR shall also apply. LetMeShip shall further not be liable for damage caused due to the inspection of a Consignment, provided that such an inspection is permitted
according to these Terms & Conditions.

Relief from and / or restriction of liability regarding direct or indirect damages shall not apply, if and to the extent that a damage is the result of careless or wilful injury to life, the human body or health or in the event that an essential contractual duty was carelessly or wilfully violated by LetMeShip. Essential duties in this context shall refer to such duties that are intended to protect the Sender’s legal positions that are significant to the contract, i. e. without which performance of the contract would not be possible and compliance with which the Sender regularly relies on and may rely on (cardinal duties). LetMeShip shall also be liable for their legal representatives and vicarious agents, including in particular the sub-carriers used by LetMeShip.

In addition to determining safety standards for shipments, the specification of the value of a Consignment to LetMeShip is required solely for verifying value thresholds for customs purposes. Specification of the consignment’s value does not increase liability and it is also not considered a declaration of the Sender’s particular interest in the Consignment.

Depending on the chosen mode of transport and by paying the respective additional charge, the Sender can take out transport insurance or order LetMeShip to take out suitable insurance cover on behalf and to the account of the Sender. Such insurance covers the Sender’s interest in the respective Consignment that meets the requirements, against the risk of loss or damage to the amount agreed upon per Consignment. The terms of insurance of the respective transport companies shall apply in cases of doubt. These are available for inspection on the multi-user platform LetMeShip.

  1. Assertion of claims

Notice of a damage must be given within the statutory periods and in the case of Consignments with separate insurance immediately after delivery, in writing, by fax or by email. The damage must be
specified and evidence must be provided in the form of suitable documentation.

If the Consignment is not delivered, the damage must be notified immediately, as soon as the goods are to be considered lost. This applies if they are not delivered within the delivery period nor within an additional
period to the same length as the delivery period but of at least twenty days or, in the case of shipping across borders thirty days.

In order to enable LetMeShip to verify a claim for compensation, the Sender must provide contents, original shipping boxes and packaging of the Consignment for inspection by LetMeShip, or by the sub-carriers upon instructions by LetMeShip.

  1. Transfer and offsetting of claims

The Sender does not have the right to transfer any claims against LetMeShip. The same shall apply for setting off claims against LetMeShip, unless such claims are undisputed or have been determined by a court.

As far as LetMeShip is liable towards the Sender, the Sender hereby assigns any possible claims towards third in the respective context to LetMeShip in advance.

  1. Limitation period

Any claims regarding the shipment shall lapse pursuant to § 439 of the German Commercial Code HGB, or in the case of cross-border transportation pursuant to the respective arrangement (e. g. art. 32 CMR). The statutory limitation periods shall apply for any claims that are not subject to the limitation periods indicated above.

  1. Data protection

LetMeShip warrants that personal data that is produced in the context of transportation is only collected, processed, stored and used for handling the contractual relationship. LetMeShip reserves the right to transmit such data to partners that are tasked with the performance of the order, as far as this is necessary for fulfilling the rights and obligations that arise from the contractual relationship. LetMeShip warrants that the valid data protection regulations are complied with. Further details are included in the Data Protection Statement.

  1. Applicable law and jurisdiction

Substantive German law shall apply for any disputes that arise from using the services of LetMeShip, to the exclusion of any conflict of laws.

The sole place of jurisdiction for all disputes with businesspeople, legal entities under public law and special assets under public law is Hamburg. To the extend that specific legally binding allocations arise due to claims from transport contracts, the referred to places of jurisdiction shall apply cumulatively.

  1. Severability clause

The effectiveness of the remaining provisions shall not be affected, if any provision of these conditions of use is invalid, either in part or in full. The invalid provision shall be replaced by an effective provision, that in economic terms comes closest to the purpose of the ineffective provision. The same applies to loopholes.