These General Terms and Conditions of Business and Transport (hereinafter referred to as “GTC”) apply exclusively to all contracts and the general business relationship between Pakajo GmbH, Reichsbahnstraße 96, 22525 Hamburg, (hereinafter referred to as “Pakajo”) and its contractual partners (hereinafter referred to as “ Customer", "client" or "contractual partner"; Pakajo and customer or contractual partner hereinafter individually or jointly also referred to as the "party/s") for the provision of individually commissioned logistics services including additional and ancillary services and the operation of the platforms www.pakajo .world/ and https://media-sc.com/ .

Pakajo expressly does not recognize the customer's general terms and conditions, including those that regulate matters not mentioned in these General Terms and Conditions, unless Pakajo has expressly agreed to their validity in writing. If the customer's terms and conditions regulate matters that are not covered by the following general terms and conditions, only the relevant dispositive law applies and in no case any of the customer's conditions that deviate from this shall apply. These General Terms and Conditions also apply if Pakajo carries out the service without reservation despite being aware of the customer's conditions that conflict with or deviate from these General Terms and Conditions.

The legal relationships between Pakajo and the customer are governed in their application primarily by mandatory law, individual agreements and these General Terms and Conditions.

These General Terms and Conditions apply equally to consumers within the meaning of Section 13 of the German Civil Code and to entrepreneurs within the meaning of Section 14 of the German Civil Code, unless individual regulations are stated to apply exclusively to one of the two groups. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).

Pakajo offers its customers (hereinafter also referred to as “client”) logistics services, particularly in the areas of warehouse logistics, shipping processing and associated additional services.

As part of the contractual relationship, the client receives a user account for the platform through which he can control the services. The client also has the opportunity to connect their own online platforms and merchandise management systems - assuming compatibility - with Pakajo's systems via API interfaces and to exchange orders automatically. Once connected to the Pakajo systems, the client receives the address of a Pakajo warehouse and can deliver their goods there. After the client submits orders, Pakajo carries out the order given by submitting the order. Details can be found in the service agreement.

The service agreement will be concluded by mutual signing of the service agreement provided by Pakajo.

Pakajo only offers the services offered in the service list at the prices stated there. The provision of different services must be agreed individually between the parties; There is no entitlement to the provision of different services. Pakajo is entitled to have the services it offers carried out by subcontractors.

Pakajo is entitled, but not obliged, to check the client's individual orders. Pakajo is also entitled to reject individual orders for important reasons; Important reasons include, in particular, capacity bottlenecks, doubts about the correctness of the order and reasons attributable to force majeure.

The client provides Pakajo with all the information necessary for the proper completion of the services to be provided and is solely responsible for the information provided. This includes in particular, but not exclusively, information that is necessary for optimal capacity planning as well as information about the client's goods (e.g. with regard to dangerousness, dangerous goods classifications or their values) as well as information that Pakajo provides in the context of order processing or on its website requests.

Furthermore, the client guarantees that the goods taken over are not subject to a ban on being loaded or stored together and that the goods and their packaging do not pose any danger to the environment, people or property, even in the event of damage.

The client will pack and label the goods to be stored so that they are safe for transport and storage and in accordance with the relevant legal regulations and the state of the art.

The client must check that outsourced goods or goods that were outsourced and/or shipped by Pakajo as part of order processing are free of damage. He must also forward reports of any damage to goods to Pakajo immediately. If damage is not reported immediately, it is assumed that any damage to the goods was not caused by Pakajo.

The client can give Pakajo instructions if Pakajo requests this - e.g. in the event of impediments to performance. If it is not possible to carry out an instruction, Pakajo will inform the client of this. If the execution of an instruction causes additional costs, the client is obliged to reimburse Pakajo. If it is not possible to obtain instructions, Pakajo will decide at its own discretion.

The client is obliged to pay the agreed remuneration to Pakajo. Invoices are payable immediately upon receipt by the client without deductions. Unless otherwise agreed, payment is made by bank transfer or PayPal.

The agreed remuneration is based on the price list valid at the time of invoicing. Unless otherwise stated, the prices in the price list do not include sales tax.

Unless otherwise agreed, invoicing for fulfillment services provided occurs approximately on the 5th day of a month retroactively for the previous calendar month. Invoicing for shipping services provided occurs every 10 days.

If the payment obligation arises for a longer period than the billing period, fees for this period will be calculated pro rata. If the contractual relationship is terminated during a billing period, any fees already paid for the period will not be refunded. If the basis for calculating fees is a certain number of transactions in a certain period of time (e.g. shipments per month), the corresponding assessment period of the previous month is initially used as the basis for billing purposes and is subsequently adjusted to the actual circumstances.

Pakajo reserves the right to adjust the valid price list for fulfillment services. Pakajo will inform the client of this at least one month in advance. The client can object to the price increase or terminate the contract during this period, otherwise it is deemed to have been approved. In the event of an objection, Pakajo can terminate the contractual relationship extraordinarily with 30 days' notice to the end of the month. Surcharges from parcel services (e.g. every year during the peak season) are passed on to the client at short notice at any time. In addition to the agreed fee, the customer reimburses Pakajo for all costs that Pakajo or the postal companies or parcel services incurred to transport the transport item in the interests of the customer and which may have considered necessary under the circumstances (Section 420 Paragraph 1 of the German Commercial Code (HGB)) (repatriation costs, taxes, storage fees, etc.). In this respect, the customer fully releases Pakajo from all claims made by third parties upon first request. Furthermore, the customer is obliged to reimburse any costs that arise from storage, return or other special treatment of the item being transported. All of these costs are due immediately upon request by Pakajo.

Both contracting parties will treat all information that they receive as part of this contractual relationship as strictly confidential. This does not apply to information that is publicly available or does not require protection when viewed objectively.

Confidentiality continues to apply after termination of the contract.

Within the scope of operational insurance, Pakajo is liable for damage caused intentionally or through gross negligence by Pakajo, its legal representatives, senior employees or other vicarious agents.

Pakajo is liable for damage caused by slight negligence resulting from the breach of essential contractual obligations by Pakajo, its legal representatives or vicarious agents, limited to the damage typically foreseeable for the contracting parties at the time the contract was concluded. Essential contractual obligations are obligations that form the basis of the contract, that were crucial for the conclusion of the contract and on whose fulfillment the client can rely.

To the extent that Pakajo's liability is excluded or limited, this also applies to any personal liability of Pakajo's employees, representatives or vicarious agents.

The client indemnifies Pakajo, its employees, bodies and affiliated companies (hereinafter "Indemnified Persons") from all third-party claims arising from and in connection with an alleged violation of rights committed by the client, in particular those in connection with the duties and obligations of the client in accordance with § 4 are free to assert against exempted persons upon first request. The same applies to the costs of legal defense as well as reasonable legal fees.

The contractual relationship is concluded for an indefinite period of time. Unless otherwise stipulated, the parties may terminate the contractual relationship with one month's notice to the end of the month by notifying the other party. The right to terminate for good cause remains unaffected by the provisions of this section. The declaration of termination must be in text form. After termination of the contract, the client's data will be irrevocably deleted, provided there are no legal retention requirements.

In the event of termination of the contract, Pakajo is entitled to demand appropriate advance payments for the expected remuneration for the last two billing periods of the contract term and to make the release of the client's stored goods dependent on their payment before the month of service.

In addition, the ADSp 2017 in their current version apply, provided that they do not contradict the provisions of these General Terms and Conditions.

The client must transport and unload the goods to be stored at his own expense to the ramp at the location notified to him by Pakajo.

Pakajo is responsible for the independent and responsible management of the warehouse from the unloading of the goods, through storage and handover to a freight carrier. Pakajo can store the client's goods in its own or third-party warehouse of its choice. Pakajo will inform the client about the storage location.

Pakajo shall inspect the incoming goods with regard to obvious damage to the packaging that is readily visible from the outside and completeness of the delivered units. A receipt issued to the delivering suppliers for the receipt of the goods refers exclusively to the number of units delivered and in no way confirms the completeness or integrity of the contents of the units. No further control is required.

Shortfalls or excess quantities, which are determined at the level to which the incoming goods count relates and result from an inventory, are calculated in the verified amount of the net purchase value of the goods. In the event of loss damage that is uncovered through inventory, any excess inventory from previous inventories must be reduced before any shortfalls in inventory.

If damages have already been compensated, Pakajo can assert a claim for reimbursement if the shortfall in stocks is compensated for by excess stocks within 12 months. If a positive value results after offsetting the plus quantities against the minus quantities, this is carried forward to the following financial year.

An inventory difference of 1% of the storage value at the time of inventory of the client's goods is agreed as a permissible deviation between the parties and is not compensated for.

Expenses that arise in connection with the removal of the goods stored by the client will be billed on an hourly basis at the rates for special services, unless otherwise agreed.

Unless expressly agreed or ordered, Pakajo will commission a logistics service provider of its choice to transport or ship the client's goods.

The risk of accidental loss of the client's goods - unless there are mandatory legal regulations to the contrary - is borne by the client in the relationship between Pakajo and the client from the time they are handed over to the logistics service provider.

If shipping abroad is only possible if the client's goods are cleared through customs, the shipping order includes customs clearance. Pakajo may charge the client additional costs for this.

Connection of shop systems and use of interfaces

The client must treat the access data provided to him confidentially.

The client is responsible for connecting his systems to the Pakajo interfaces (integration).

The client is responsible for all activities carried out using his user account. If the client is not responsible for the misuse of his password because there has been no breach of the existing duty of care, the client is not liable. The client remains at liberty to prove that he is not responsible for the misuse of his password.

Furthermore, the client is responsible for activities, loss and accuracy of data transmitted via the Pakajo interfaces made available to him (e.g. triggering orders via the shop connections).

If the client becomes aware of the misuse of the platform or the Pakajo interfaces, he is obliged to inform Pakajo immediately. In these cases, Pakajo is entitled to block access to the platform until there is no longer a risk of further misuse in coordination with the client. The same applies if Pakajo becomes aware of misuse of the platform without the involvement of the client. In these cases, Pakajo will inform the client immediately.

Obstacles to performance that are not attributable to Pakajo's risk area release Pakajo from the obligations whose fulfillment has become impossible for the duration.

Impediments to performance include force majeure (e.g. storms, floods, storms), strikes and lockouts, unrest, acts of war or terrorism, official measures and other unforeseeable, unavoidable and serious events.

If there is an impediment to performance, Pakajo will inform the client of the expected duration of the impediment to performance and will endeavor to keep the effects on the other party as low as possible within the scope of what is economically reasonable.

The client can only assert a right of retention due to counterclaims arising from this contractual relationship.

The contracting parties can only offset claims that have been legally established or are undisputed and are related to this contractual relationship.

Subsidiary agreements or additions that are not expressly permitted in these General Terms and Conditions or that arise from the price list, as well as the waiver of this formal requirement, must be in text form.

Should individual provisions of the party agreements be or become wholly or partially ineffective, the effectiveness of the remaining provisions will not be affected. In this case, the parties undertake to replace the invalid provision with an effective provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.

The place of performance is the storage location communicated to the client.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of a multilingual version of this contract, only the German text is decisive for the legal effects.

Our AI-powered comparison and shipping portal finds the best shipping price worldwide and reduces your shipping costs by up to 83%.

LEGAL

Terms and Conditions
Imprint

Privacy Policy

RESSOURCES

Shipping Information

FAQs