The following terms and conditions apply to all services provided by us on your behalf, unless we have concluded a contract with you that has been signed by an authorized representative of MKB Global Mail & Freight GmbH.​

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1. Scope:

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These General Terms and Conditions (GTC) apply to all services provided by MKB Global Mail & Freight GmbH, Hosnedlgasse 8, 1220 Vienna (hereinafter referred to as "Global Mail") to its customers (hereinafter referred to as "Customers"), unless expressly agreed otherwise in writing. Deviating terms and conditions of the Customer shall only be recognized if Global Mail has expressly agreed to them in writing.​

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2. Conclusion of Contract:

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The presentation of products and services by Global Mail does not constitute a legally binding offer but rather an invitation for the Customer to submit an offer. A contract is only concluded upon written order confirmation by Global Mail.​

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3. Services of Global Mail:

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Global Mail reserves the right to modify or remove prices, services, or service descriptions without prior notice and to introduce new prices, services, or service descriptions. Errors and mistakes are excepted.

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Global Mail may perform services itself or through third parties (e.g., transport companies). The selection and commissioning of third parties are at the sole discretion of Global Mail. Global Mail determines packaging and shipping methods at its own discretion, including the division of shipments and the selection of transport companies. To the extent that Global Mail is liable for the services of commissioned partner companies, such liability is limited to the liability of the respective partner company towards Global Mail.

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The Customer has the right to cancel submitted orders. Any services already provided in connection with these orders will be invoiced to the Customer. Global Mail reserves the right to refuse or terminate cooperation with a Customer at any time. Individual orders are also subject to Global Mail’s discretion.

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4. Shipping and Shipping Labels:

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Global Mail uses information provided by the Customer, such as product names, prices, weights, and quantities, for cross-border shipments. This information is transmitted to transport company systems for customs clearance. Global Mail assumes no liability for the accuracy of this information.

 

Shipping labels created by the Customer are subject to charges from the moment they are created. Global Mail will attempt to cancel labels in the event of a cancellation by the Customer. If cancellation is successful, the cost of the label will be refunded to the Customer.

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5. Exclusion of Shipments:

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Goods are excluded from transport if they are prohibited under transport or postal agreements, regulations of international air transport or other associations, or if, at Global Mail’s discretion, they cannot be safely transported or are prohibited in the country of origin, destination, or transit. The Customer is responsible for ensuring that no prohibited goods are handed over for transport. In case of violations, the Customer indemnifies Global Mail against all resulting damages and third-party claims.

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6. Customs-Dutiable Goods:

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Without written agreement, shipments requiring customs clearance or subject to import duties may not be handed over for transport. The Customer is obliged to provide Global Mail with precise information about the shipment's contents. Failure to do so will result in the Customer bearing all resulting costs. Global Mail will contact the Customer to clarify how to proceed with customs goods and reserves the right to handle customs goods at its own discretion to optimize operations and costs.​

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7. Opening of Shipments for Inspection:

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Global Mail is entitled to open shipments to check for customs-dutiable or prohibited goods or to verify the nature or value of declared goods. The Customer indemnifies Global Mail against all third-party claims and reimburses Global Mail for any losses or damages resulting from the opening of the shipment.​

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8. Prices and Payment Terms:

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All prices are net prices and are subject to the applicable VAT. Monthly invoices are sent retrospectively. The payment term is 10 days net unless otherwise stated on the invoice. Payments must be made free of charges and deductions. By making the payment, the Customer confirms the correctness of the invoice. Later objections will not be considered.

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• Independence of Payment Obligation: The Customer’s payment obligation remains unaffected by complaints, delays, or grievances from their own customers or third parties. In particular, the Customer is not entitled to withhold or refuse payment due to negative reviews or delayed deliveries.

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• No Right of Retention Due to External Circumstances: Delays or disruptions beyond Global Mail’s control—including, but not limited to, third-party delivery delays, negative reviews, or contractual disputes between the Customer and their own customers—do not entitle the Customer to withhold or refuse payment.

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• Late Payment: If a Customer fails to pay an invoice on time, Global Mail reserves the right to charge late payment interest of 1% per month and to take further legal action.

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9. Undeliverable Goods:

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If a shipment or specific goods cannot be delivered for any reason, Global Mail is entitled to open the shipment and return it to the Customer at the Customer’s expense. If a return is not possible or economically unreasonable, Global Mail reserves the right to dispose of or destroy the shipment at its discretion.

 

10. Postal Regulations:

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According to certain postal regulations, postal services in various countries may impose surcharges, return shipments, or even refuse to deliver shipments. This may occur if, for example, mail is sent using a foreign postal service while the sender is located in the recipient country (so-called A-B-A remailing) or if mail is sent to a third country using a postal service that is neither the postal service of the sender’s country nor that of the recipient country (so-called A-B-C remailing).

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If your shipments are subject to surcharges, returned, undelivered, or even destroyed due to postal regulations, you as the sender are liable for the consequences and fully indemnify us against all costs resulting from this process. You are also obligated to support us upon request in contesting claims.

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Shipments that violate applicable postal regulations may be rejected, surcharged, or destroyed. The Customer is liable for all resulting costs and indemnifies Global Mail against third-party claims.

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11. Liability:

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The customer is obligated to inspect any shipment received for external damage immediately upon receipt and, if necessary, to report the damage to the supplier without delay.

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If the customer fails to conduct the inspection and/or report the damage, the delivery shall be deemed accepted, and we shall not be liable for any further warranty claims or damages—to the extent that such liability exists at all. If the defect is not immediately apparent upon careful inspection, the customer must notify us of this immediately after the defect first becomes apparent; otherwise, the consequences mentioned above shall apply. In any case, the delivery shall be deemed accepted two weeks after receipt, and any claims under warranty or for damages shall in any case be time-barred.

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In the event of a warranty claim, the customer is initially entitled only to rectification or supplementation of the missing item or—at our discretion—a replacement delivery. The customer is entitled to a price reduction, exchange, or rescission only after two attempts at rectification have failed, provided the customer has granted a reasonably sufficient grace period for rectification in each instance.

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We shall not be liable for any damages incurred by the customer, unless such damages result from willful misconduct or gross negligence. In such cases, our liability for damages shall be limited to EUR 1,000 or the current market value of the goods, whichever is greater. Liability for employees and agents is also excluded to the fullest extent permitted by law, but at least to the same extent as for our own conduct.

 

We shall assign to the customer, upon the customer’s request, any claims we may have against contracted companies due to damage, loss, or delay of the shipment, and shall assist the customer to a reasonable extent—but without any cost sharing of any kind—in enforcing such claims.

 

To the extent that any material whatsoever, in particular data or information, is provided by the customer, the customer is liable for the proper quality and suitability of this material for the intended purpose (in particular suitability for shipping and transport) as well as for ensuring that it does not constitute dangerous goods or hazardous materials within the meaning of national and international postal regulations. The obligation to give notice of defects under § 1168a ABGB is expressly excluded for such provided material.

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If this material, which is to be provided by the customer, is not delivered to us by the agreed-upon time or by the time arising from the nature of the order or the performance deadline, we shall not be liable for any warranty, damages, or liability whatsoever for the consequences resulting from such delay. To the extent that third parties assert claims against us arising therefrom, the customer is obligated to fully indemnify and hold us harmless in this regard.

 

Furthermore, the customer is obligated to verify any infringements of third-party rights regarding this material as well as regarding provided intangible items such as texts, photos, graphics, etc., and, if necessary, to obtain the authorization of the rights holder.

 

The customer is liable to us for all damages incurred by us as a result of infringements of third-party rights, including lost profits and consequential damages, and is obligated to fully indemnify and hold us harmless in this regard.

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12. Applicable Law:

 

Austrian law shall apply. The exclusive place of jurisdiction for all disputes is Vienna.​

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Status: Februar 2025