Ship Cheaper

1. Scope. Legal Basis.

These terms are part of all contracts between Ship-Cheaper, Viktor Schleicher, and their contracting partners, which are concluded via the booking platform Ship-Cheaper.com, and apply to all services provided by Ship-Cheaper, Viktor Schleicher independently or with the involvement of third parties through its online platform ship-cheaper.com. To the extent that the provisions of these General Terms and Conditions (GTC) differ from non-mandatory legal regulations, the provisions of these GTC shall prevail. Any conflicting or other conditions on your part, regardless of their designation, are hereby rejected unless Ship-Cheaper, Viktor Schleicher expressly agrees to their validity in writing. This also applies to the waiver of the requirement for written form.
Ship-Cheaper, Viktor Schleicher may unilaterally amend these General Terms and Conditions at any time. The customer may terminate the contract if unilateral changes are made in the meantime, without Ship-Cheaper, Viktor Schleicher being obligated to pay the customer any corresponding compensation.

2. Description of Services

Ship-Cheaper, Viktor Schleicher provides a platform through Ship-Cheaper.com that can be integrated into existing systems. The customer has the opportunity to conclude contracts for the provision of transport services as a shipper via the booking platform Ship-Cheaper.com. The platform offers an input form where the customer can enter the shipping specifications for one or more packages (e.g., pickup and delivery location, dimensions, weight, desired pickup, and delivery date). Based on this request from the customer, Ship-Cheaper, Viktor Schleicher lists the available individual shipping conditions (especially prices, estimated shipping time) corresponding to the customer’s request, along with the respective national and international transport, courier, and express companies that Ship-Cheaper, Viktor Schleicher would commission as subcontractors. The platform also allows for the automated creation of shipping labels for the respective (sub-)carriers.
By selecting an entry from the list and clicking the order button, the customer submits a binding offer to Ship-Cheaper, Viktor Schleicher. A contract is only concluded upon order confirmation from Ship-Cheaper, Viktor Schleicher. The sending of a shipping label for the respective order to the customer counts as order confirmation, even if the respective subcontractor is the issuer of the shipping label. Ship-Cheaper, Viktor Schleicher and their subcontractors are not obligated to verify the accuracy of the shipper’s information. Ship-Cheaper, Viktor Schleicher also organizes logistics services as a carrier. For the provision of services, Ship-Cheaper, Viktor Schleicher uses well-known, internationally active transport companies as subcontractors. Ship-Cheaper, Viktor Schleicher will commission the subcontractor designated by the client to carry out the transport of the shipment. The subcontractor is free to engage other subcontractors.
Ship-Cheaper, Viktor Schleicher and their subcontractors are free to choose the transport routes and means. Compliance with specific delivery deadlines is generally not required. Instructions given by the client after the handover of a shipment do not need to be followed.

3. Conclusion of the Contract

The contract is concluded through an order by the customer on the ship-cheaper.com platform and the subsequent acceptance by Ship-Cheaper, Viktor Schleicher, including these GTC. Acceptance is generally confirmed by sending an order confirmation.
The conclusion of the contract between the parties takes place exclusively using the corresponding forms and processes on the Ship-Cheaper.com website. For a valid contract conclusion, the following is required: Before submitting the order, the customer has the opportunity to review and, if necessary, modify the data they entered into the order form on Ship-Cheaper, Viktor Schleicher’s website and summarized on a confirmation page. By completing the payment, the customer confirms the previously entered order, including all provided data, and thereby makes a legally binding offer to Ship-Cheaper, Viktor Schleicher. The inclusion of the customer’s General Terms and Conditions is rejected. Ship-Cheaper, Viktor Schleicher is entitled to make the conclusion of the contract dependent on the provision of security due to the individual risk of delay or non-performance.

4. Subcontractors

Ship-Cheaper, Viktor Schleicher generally commissions the transport services to the transport company selected by the customer in accordance with section 2 of these GTC as a subcontractor.

5. Excluded Shipments

Subject to an individually agreed special delivery with the shipper, the following shipments are excluded from transport:

• Those falling under national or international regulations on dangerous goods (e.g., IATA);
• Those which, due to their nature or packaging, may pose a danger to people, other transported shipments, or other items;
• Those whose transport requires special safety precautions or official approval;
• Those whose dispatch, transport, or storage is prohibited in the country of dispatch, destination, or a transit country, violates an export or import ban, or other legal regulations;
• Prohibited items according to Regulation (EC) No. 300/2008 of the European Parliament and Council of 11 March 2008, Art 3, Z 7.;
• Monetary instruments, phone cards, prepaid cards, valuable documents, or negotiable securities (e.g., money, credit cards, checks, savings books, bills of exchange, securities);
• Items of exceptionally high value (e.g., works of art, unique items, antiques, valuables, gemstones, precious metals, genuine pearls, stamps, coins);
• Motor vehicles of all kinds;
• Living animals and plants, animal carcasses, body parts, or human remains;
• Narcotics and pharmaceuticals, weapons and explosives, food and alcohol, frozen goods, tobacco products;
• Radioactive materials and nuclear fuels (if they exceed the legal exemption limits);
• Weapons and ammunition (excluding hunting and sports weapons and ammunition);
• Explosive goods according to section 1.1 of the Regulation on the Transport of Dangerous Goods on Seagoing Vessels;
• Drugs subject to the Narcotics Act (Opium Act) of 10.12.1969 in the applicable version;
• Glass, porcelain, etc., as well as sensitive electronics, used and damaged goods;
• Mobile phones, which themselves may have low value but whose loss or damage could cause significant consequential damage (e.g., data carriers with sensitive information);
• Shipments with the label “cash on delivery”;
• For items excluded from transport, no valid freight contract is concluded!
• Perishable or temperature-sensitive goods that are not excluded from transport under the above provisions are accepted for transport at the sender’s risk; however, no special handling is provided.

6. Due Date of the Invoice / Payment / Default

The prices and fees (usage fees/charges plus statutory VAT) indicated on the Ship-Cheaper, Viktor Schleicher platform apply. In addition, the tariff tables of the selected transport companies apply to the determination of the fees. The client is obliged to pay the agreed fee for each service. Ship-Cheaper, Viktor Schleicher expressly reserves the right to make changes, although fees for already purchased services remain unaffected.
The fees to be paid by the customer are determined by the fees agreed in the contract and, unless otherwise agreed, are based on the actual shipping specifications provided by the client during the booking process. If the specifications of the shipped goods differ from the information provided by the customer during the booking process, the customer owes the price that corresponds to the actual shipping specifications in the price list of the subcontractor designated by the sender on the booking day, provided it is higher than the price calculated during the booking process.
Payments of the agreed prices for the transport are due immediately after the respective booking is completed.
If the customer does not pay their invoice within the individually agreed payment period, they are in default without the need for a reminder. In the event of default, the customer is obliged to pay default interest according to the indicated prices.
Ship-Cheaper, Viktor Schleicher is obliged to store the invoice in the customer’s profile no later than the day following the invoice date.
Invoice delivery by cash on delivery is excluded.
Ship-Cheaper, Viktor Schleicher provides the customer with invoices free of charge in electronic form (online invoice), which the customer can retrieve using personal login data through a secure access in the online customer center on a website of Ship-Cheaper, Viktor Schleicher or – at the option of Ship-Cheaper, Viktor Schleicher – receive by email.
Ship-Cheaper, Viktor Schleicher is entitled, in the cases specified in the price list, to charge a processing fee according to the price list for each requested paper invoice (and each requested invoice duplicate).
If Ship-Cheaper, Viktor Schleicher does not receive payment within the agreed period between Ship-Cheaper, Viktor Schleicher, and the customer, the customer is obliged to reimburse Ship-Cheaper, Viktor Schleicher for all costs incurred by Ship-Cheaper, Viktor Schleicher in collecting the outstanding amounts, including:

a. All invoices from lawyers related to their (judicial and extrajudicial) activities, even if they exceed the amounts set by the court, as well as bailiff costs, costs of legal representatives, and collection agencies, as well as all enforcement costs. The extrajudicial costs are set at 15% of the total amount, with a minimum amount of €150.00;
b. The costs of a bankruptcy application / opening of insolvency proceedings.

If, and as long as, the customer does not fulfill one or more of their contractual obligations to Ship-Cheaper, Viktor Schleicher, does not fulfill them on time, or does not fulfill them properly, Ship-Cheaper, Viktor Schleicher may suspend its obligations to the customer in whole or in part. In this case, the customer is liable for compensation for all damages or losses suffered by Ship-Cheaper, Viktor Schleicher as a result, including, but not limited to, lost profits. If and as soon as the customer is in default, Ship-Cheaper, Viktor Schleicher may terminate the contract with the customer in whole or in part.
Due to the termination of the contract, all mutual claims become due and payable immediately. In this case, the customer is liable for the damages or losses suffered by Ship-Cheaper, Viktor Schleicher, including lost profits and costs.
If the customer is declared insolvent or a bankruptcy application is filed, if the customer applies for a moratorium on debt, or if they lose control over their assets through seizure or the appointment of a legal guardian or otherwise, Ship-Cheaper, Viktor Schleicher may terminate the contract in writing without prior notice or court decision, unless the insolvency expert or administrator acknowledges the obligations under this contract as a bankruptcy debt.
If there is no SEPA direct debit mandate, the invoice amount must be credited to the account specified in the invoice by Ship-Cheaper, Viktor Schleicher within ten days after receipt of the invoice or, if applicable, at the later date specified in the invoice.
Any credit resulting from multiple payments by the customer is usually not refunded to the customer but is offset against the next billing.
The customer can only contest invoices within 8 weeks of receipt against Ship-Cheaper, Viktor Schleicher by providing a conclusive explanation of the reason for the complaint. Failure to timely contest is considered approval. Ship-Cheaper, Viktor Schleicher will specifically point out the deadline and the consequences of failing to timely contest in the invoices.
If the customer moves or changes their address, billing address, email address, or other details, the customer must immediately – i.e., before the change – inform Ship-Cheaper, Viktor Schleicher in writing.
Upon termination of the direct debit agreement, withdrawal of the SEPA direct debit mandate, loss of validity of the stored payment method (e.g., expiration of the credit card), or deletion of the stored payment data during the contract term, Ship-Cheaper, Viktor Schleicher is entitled at any time to suspend services at the customer’s expense. The obligation to pay usage fees/charges remains unaffected.

7. Customer Obligations

The customer is responsible for selecting the product at their discretion. The client is required to provide all necessary information for the transportation, delivery, and billing of the shipment accurately, completely, and in a timely manner.
The customer is obligated to have the shipment ready for pickup at the agreed pickup time or at the time notified by Ship-Cheaper, Viktor Schleicher and to hand it over at a conveniently accessible location.
The customer is responsible for ensuring that address labels are properly affixed to the transport item in accordance with the requirements of the selected transport company and that the risk of confusion of shipments is excluded.
The shipment must correspond to the number, weight, and dimensions provided during order placement in its packaged condition.
The customer uses the products of Ship-Cheaper, Viktor Schleicher only in accordance with legal and contractual provisions. In particular, they may not use any settings or applications that could result in changes to the provided product.
The customer will back up any stored recordings and other files in a timely manner to prevent their loss, e.g., during updates, installations, or maintenance work.
The customer is obliged to monitor/optimize their use of the Ship-Cheaper, Viktor Schleicher API and limit it to so-called "Fair Use" volumes. Fair Use is defined as non-excessive use of the API. If a customer/user excessively uses the API, Ship-Cheaper, Viktor Schleicher may limit access to its API without prior notice.
The customer is required to bear the costs of returns incurred during the return process to the client.
The customer indemnifies and holds Ship-Cheaper, Viktor Schleicher harmless from all costs, losses, and interest arising from or in connection with claims by third parties for any reason, regardless of whether these claims are also made against the customer. These claims may relate to events, actions, or omissions that may – but do not necessarily – be related to the fulfillment of the contract or defects in the item delivered by the customer. The customer is required to take out and maintain appropriate liability insurance to cover this liability and to promptly provide Ship-Cheaper, Viktor Schleicher with a copy of the relevant policy upon request. Any liability of Ship-Cheaper, Viktor Schleicher in connection with third-party claims against the customer is excluded, regardless of the basis for such liability.
The sender authorizes and empowers Ship-Cheaper, Viktor Schleicher to carry out customs formalities. Ship-Cheaper, Viktor Schleicher is entitled to delegate authority for customs formalities to the respective subcontractor. The sender is required to provide Ship-Cheaper, Viktor Schleicher and the subcontractors with all necessary information and documents required for customs formalities without being prompted to do so. The sender must attach all required documents and information to the freight and ensure compliance with all applicable customs regulations and provide Ship-Cheaper, Viktor Schleicher and their subcontractors with the necessary information and documents to comply with customs regulations during transport.
If and as soon as Ship-Cheaper, Viktor Schleicher is unable to fulfill the contract in the agreed or usual manner because they are prevented from doing so by the customer or another cause attributable to the customer, the customer is required to reimburse Ship-Cheaper, Viktor Schleicher for all resulting costs and losses, including storage costs.
Ship-Cheaper, Viktor Schleicher has a lien and right of retention on all goods or other assets in their possession due to the freight contract and undisputed claims arising from other freight contracts concluded with the sender. The lien and right of retention do not go beyond the statutory lien and right of retention. The period specified in § 1234 BGB is replaced by a period of two weeks.
If the sender is in default, Ship-Cheaper, Viktor Schleicher may, after giving notice of sale, freely sell such quantity of goods in their possession as they reasonably deem necessary to satisfy all claims.
The customer is required to select a delivery method that complies with the provisions of youth protection if goods are subject to corresponding requirements (e.g., a minimum age requirement).

8. Updates

Ship-Cheaper, Viktor Schleicher may make changes to the Ship-Cheaper, Viktor Schleicher platform (updates and/or new versions) at any time, even without the client’s consent, or have such changes made. Ship-Cheaper, Viktor Schleicher is committed to making these changes in such a way that the contractual services are not unreasonably impaired.

9. Execution of Transport and Disruptions

Ship-Cheaper, Viktor Schleicher is not required to check a shipment for excluded items or perishable or temperature-sensitive goods or whether a customs declaration is needed.
Ship-Cheaper, Viktor Schleicher and their subcontractors are free to choose the transport route, means, and method, even if this deviates from any indications on the shipping label.
Delivery of the transported item is made, unless otherwise agreed or specified in the transport conditions of the transport company selected by the customer, by handing it over to the recipient against a corresponding signature of the recipient. If the recipient is not found, the transported item may also be delivered to other persons if:
a. They accept the shipment, and
b. Ship-Cheaper, Viktor Schleicher or the transport company, after a reasonable review of all the circumstances of the individual case, may rightly assume that they are authorized to accept the shipment, or acceptance by third parties corresponds to the interest or presumed will of the recipient, and
c. The recipient is notified in writing of the delivery to the other person. Other conditions may be regulated by the transport conditions of the transport company selected by the customer.

10. Liability

Ship-Cheaper, Viktor Schleicher may engage third parties, including, but not limited to, transport companies, in the context of all contracts and accept the fees and any liability limitations of these third parties – also on behalf of the customer. Ship-Cheaper, Viktor Schleicher assumes no liability for the decisions of these third parties, for omissions of these third parties, or for any damage or loss of any kind caused by these third parties for any reason, regardless of the basis for such liability, unless the management of Ship-Cheaper, Viktor Schleicher acted with intent or gross negligence.
Ship-Cheaper, Viktor Schleicher is exempt from liability if the damage occurred due to circumstances that could not have been prevented even with the utmost care and whose consequences could not have been averted (e.g., strike, natural disasters, war, embargo, force majeure).
Ship-Cheaper, Viktor Schleicher is liable for damages caused by themselves, their employees, or their agents with intent or gross negligence, without regard to the following limitations of liability, to the extent of the legal limits, if the named persons acted in the performance of their duties. All shipping services of third parties are excluded from liability.
Ship-Cheaper, Viktor Schleicher is liable for personal injury within the framework of legal provisions, regardless of the degree of fault, if it is caused by a culpable breach of contractual obligations by Ship-Cheaper, Viktor Schleicher, a legal representative, or an agent of Ship-Cheaper, Viktor Schleicher.
If a shipment is undeliverable, the customer must bear all costs arising from the return, disposal, and must indemnify Ship-Cheaper, Viktor Schleicher from such costs.
Otherwise, Ship-Cheaper, Viktor Schleicher is entitled to reimbursement of expenses under the legal provisions.

11. Final Provisions

All disputes arising out of or in connection with the contracts between the parties shall be referred exclusively to the competent German court in the judicial district of Bruchsal.
Should individual provisions of these General Terms and Conditions be invalid