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Terms and Conditions

The following terms and conditions apply to all services that we provide on your behalf, unless we have entered into a contract with you that has been signed by a person authorized by MKB Global Mail & Freight GmbH.

1. Who do our terms and conditions apply to?

The business relationship between MKB Global Mail & Freight GmbH, Hosnedlgasse 8, 1220 Vienna (hereinafter "Global Mail") and the customer is exclusively subject to the following General Terms and Conditions in the version valid at the time the contract was concluded. Customers can email any questions, complaints or objections at sales@globalmail.at or by phone at +43 1 258 33 77 - 0 contact Global Mail. Customer-specific terms and conditions will not be recognized unless Global Mail expressly agrees to their application.

Customer-specific terms and conditions will not be recognized unless Global Mail expressly agrees to their application. The presentation of products and services is an invitation to make an offer, not a legally enforceable offer. Service descriptions on Global Mail's websites, in files and elsewhere do not constitute any representation or guarantee.

2. Our services:

Global Mail reserves the right to change or remove any price, service or description of services stated on the Website or elsewhere and to add new price, service or description of services without prior notice. Errors and mistakes are reserved.

Global Mail reserves the right to provide all services itself or through third parties (e.g. transport companies). We are responsible for the selection and commissioning of third parties. Global Mail reserves the right to pack and send shipments in the way necessary for proper and professional handling. This includes, among other things, the assessment of whether shipments should be split and with which transport company. We are entitled to commission domestic and foreign partners of our choice to carry out the orders placed with us. If and to the extent that we should be liable to our customer for their services, our liability to our customer is limited to the respective liability of the partner company concerned to us.

The customer has the right to cancel sent orders. Global Mail will invoice the customer for services rendered to date in connection with these orders. We reserve the right to refuse or terminate a customer's cooperation at any time. Individual orders are also subject to Global Mail's discretion.

3. Shipping and Shipping Labels:

Global Mail uses the information provided by the customer and their systems, such as product names, prices, weights and quantities for cross-border shipments. This information is sent to the systems of the transport companies that carry out customs clearance. We do not guarantee the accuracy of this information.

Customers must pay for shipping labels created by Global Mail from the time they are created. Global Mail will endeavor to cancel created labels in the event of cancellation by the customer. If the cancellation is successful, we will reimburse the customer for the cost of the label.

3. Which shipments are excluded from carriage?

Goods which are prohibited from carriage by virtue of transport or postal treaties, international air transport or other association regulations, goods which in our judgment cannot be safely carried or goods which are prohibited in the country of origin, destination or transit (hereinafter referred to as "Prohibited Goods") will not be accepted by us for carriage. We may ask you to provide us with a sample of the goods you wish to send so that we can check whether they are prohibited goods, but even if we do not ask you to do so, you as the sender are responsible for not sending us any prohibited goods Goods are handed over for carriage.

 

If you provide us with Prohibited Goods for carriage, you agree to indemnify us for any loss, liability or damage we may suffer and indemnify us completely against any third party claim in this regard; you also agree that we may use our discretion to deal with prohibited goods. In principle, we are entitled to refuse to accept or collect shipments at any time, including if we have reason to believe that the shipment contains prohibited goods. 

 

4. We accept dutiable goods only with a special agreement:

Without a written agreement, you may not hand over any consignments to us for carriage, the content of which is subject to import tax or duty or must be presented for customs clearance, and we are not obliged to transport, process or deliver goods that must be presented for customs clearance. As the sender, you are responsible for informing us precisely about the content of the shipment. If you fail to do so, you are obligated to reimburse us for all resulting costs. We will contact you to clarify how to proceed with customs goods. Please understand that for operational and cost-related reasons we deal with customs goods at our own discretion in order to limit our own costs and disruptions to our operational processes as far as possible. It is therefore possible that customs goods will be delivered, returned to you, made available for collection or sold or destroyed, unless we have agreed in writing to accept the goods for carriage. When you give us customs goods for carriage, you have

a. as the sender to pay the customs duties, taxes and other charges associated with the customs clearance of these goods,

b. confirm to us that we are acting as customs agent on your behalf,

c. to provide us with any assistance in this regard and

i.e. to reimburse us for all costs incurred in the course of fulfilling our order as a customs agent.

5. Opening of test purposes:

In order to check whether the shipment contains dutiable or prohibited goods (see point 3) or to check the type or value of the goods declared, it may be necessary for us to open your shipment. You are aware that we have to are entitled and will indemnify us against any third party claims and compensate us for any loss or damage.

Taking back packaging within the meaning of the packaging ordinance and returning or exchanging pallets, lattice boxes, etc. will only be carried out by us after separate written agreement.

6. How much do our services cost and what is the payment deadline?

Unless otherwise agreed with you in writing, the fees listed in our published price list at the time of collection apply to the delivery and processing of the shipment.

7. Prices and invoices:

All prices are net prices, ie they do not include the applicable VAT rate. Monthly invoices will be sent afterwards. The payment period is 10 days net, unless otherwise stated on the invoice. Customer payments must be made free of charges and deductions. With the payment, the customer confirms that the invoice is correct. Subsequent concerns in this regard will not be considered.

The customer only has the right to offset if the customer's counterclaims have been legally established or recognized by Global Mail. The customer is only entitled to a right of retention from claims arising from the same contractual relationship.

Dates and deadlines specified by Global Mail are only binding if they have been expressly agreed in writing. At the end of each calendar month, the customer can terminate the relationship with Global Mail in writing. Global Mail has one month from the effective date of the termination to make the stored goods available.

 

8. What happens in the event of non-payment or late payment?

If you make the payment late, we will incur lost interest and collection processing costs. We therefore reserve the right to charge you interest for each day that the invoice is overdue at the rate of 1% per month on the overdue amount. If we are compelled to take action to collect payment, you agree that you will reimburse us for costs, including reasonable attorneys' fees. Even if you are not satisfied with our services, you agree to pay the amounts billed for the shipment and all our costs.

 

If you have any complaints, they will be dealt with in accordance with the provisions listed under point 9. As security for any non-payment, you grant us the right to dispose of, and authorize us to deal with, the Shipments which you have entrusted to us for carriage and which are in our possession (including, but not limited to, sale, retention or destruction) in order to obtain partial or total compensation and/or to limit our own costs and disruption to our operations as far as possible.

 

9. Scope of liability:

We often use third parties to fulfill our orders, some or all of which limit or even exclude all of their liability to us. Therefore, we cannot accept unlimited liability for anything that may happen to your shipments. In the event of loss of or damage to the consignment, our liability to the sender is limited to compensation for the direct loss (i.e. the actual cost of the lost goods) up to a maximum of EUR 50 per consignment (or the equivalent in the local currency). where you reside).

 

We accept no liability and expressly disclaim liability for any special, indirect, incidental or consequential loss or damage (including but not limited to lost business opportunity, wasted money or profits) or any loss arising out of circumstances which we have no direct influence on, we accept no liability as a matter of principle. If we have not made a special written agreement with you as the shipper, we assume no liability for delays in shipment. If your shipment requires stronger protection beyond these liability conditions, we recommend that you take out suitable insurance.

The offer made to you or your company must be treated confidentially and may not be passed on to third parties.

 

10. Undelivered Goods:

If a shipment or certain goods cannot be delivered for any reason, we may open the shipment and send it back to you at your expense. We will contact you to clarify how to proceed with such goods. You agree that, for operational and cost-related reasons, we will deal with undelivered goods at our own discretion in order to limit our own costs and disruption to our operational processes as far as possible. It is therefore possible that they will be delivered, returned to you, made available for collection, sold or destroyed.

 

11. Complaints in the event of loss or damage to your shipments or goods:

 

You agree that in the event of complaints about loss of or damage to shipments or goods in a shipment, you will report the matter in writing to the management of MKB Global Mail & Freight GmbH within 25 days and should you fail to do so, we shall not be liable for the lost or damaged goods.

12. Postal regulations:

According to certain postal regulations, the postal service in various countries can add a surcharge to the item, return the item or even refuse to deliver the item. This can happen, for example, if you deliver mail to a postal service abroad, but as the sender you are based in the recipient country (this process is called ABA remailing) or if you hand over mail for delivery in a third country and use the services of a use a postal service that is not the postal service of the country where you are located as a sender   and is not the postal service of the recipient country (this transaction is called ABC remailing).

 

Should it happen that your shipments are subject to a surcharge, are not delivered, returned or even destroyed due to postal regulations, you as the sender are liable for the consequences and grant us full release from liability for all costs resulting from this course of action. You are also obligated to assist us in contesting claims upon request.

13. Applicable law and place of jurisdiction:

We have tried to make these Terms and Conditions as clear and fair as possible. In the event of a dispute about a service or shipment to which these Terms and Conditions apply, you agree that Austrian law and interpretation shall apply to these Terms and Conditions and our contract and that, in the unlikely event that a dispute arises about the Terms and Conditions, you have to sue us in the court in Vienna (Austria), where our main office is located. There is one exception, however, which requires your consent: If you as the sender fail to meet your payment obligations to us and we have to collect the claim, we are entitled to collect the claim in any country from which we believe we can, to lodge an appeal.

Status: December 2021

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