General Terms and Conditions
General Terms and Conditions
Here you will find all legal information regarding our shipping terms. If you have any questions, please feel free to contact us.
General Terms and Conditions of
Payvity UG (limited liability)
for the "Parcel" division
Scope of Application
These General Terms and Conditions apply to all contracts, services and offers of Payvity UG (limited liability) with its registered office in [address], registered in the commercial register of [registration court] under HRB [number], in the "Parcel" division.
The offer is directed exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code) as well as to legal entities under public law and special funds under public law.
Deviating conditions of the customer only apply if Payvity expressly consents to their validity in text form.
Individual agreements shall take precedence over these General Terms and Conditions.
Subject Matter of the Contract and Position of Payvity
Payvity provides mediation, sales and coordination services in connection with the connection of locations to parcel and logistics networks.
Contracts for parcel services are concluded exclusively between the customer and the respective partner company.
Payvity does not become a contractual partner for these services and, in particular, assumes no obligation for the transport, storage, delivery or custody of shipments.
Payvity is neither a carrier, a warehouse keeper nor a postal service provider.
Conclusion of Contract
A contract is only concluded upon confirmation by Payvity or upon commencement of the provision of services.
The mere mediation of a contact does not constitute the conclusion of a contract for operational services.
Services of Payvity
In particular, Payvity assists in the initiation of contractual relationships, in the coordination of processes and in the onboarding of locations.
A specific economic success is not owed.
Duties of the Customer and Assumption of Risk
The customer is solely responsible for the proper performance of all operational activities in connection with the acceptance, storage, processing and hand-out of shipments.
The customer bears the full risk for all breaches of duty, damage, loss, delays, processing errors and other disruptions arising in connection with the operation of their location.
This applies regardless of whether the breach of duty was caused by the customer themselves, their employees, other vicarious agents or third parties.
The customer is obliged to comply with all legal requirements as well as the requirements of the respective partner companies.
The customer is obliged to maintain adequate public liability insurance and to provide Payvity with corresponding proof upon request.
The customer bears the burden of presentation and proof for the existence of a breach of duty by Payvity.
Remuneration
The remuneration results from the respective contract documents.
Invoices are due for payment immediately.
Liability
Payvity is liable without limitation in the event of intent and gross negligence as well as for damages resulting from injury to life, body or health.
In the event of a slightly negligent breach of material contractual obligations, liability is limited to the contract-typical, foreseeable damage.
The amount of liability is limited to a maximum of 10,000 euros per damaging event and additionally to the remuneration paid in the last contract year, whereby the respectively lower amount is decisive.
Otherwise, liability is excluded.
Payvity is not liable for transport, loss, damage, delay or other performance disruptions in connection with shipments, provided there is no breach of its own duty.
Indemnification and Recourse
The customer fully indemnifies Payvity against all third-party claims arising from or in connection with the customer's activities.
This expressly also applies to claims of contractual partners of Payvity.
The indemnification covers all damages, including contractual penalties, claims for damages, lost profits and all costs of legal prosecution and legal defense.
The customer is obliged to compensate Payvity for any damage incurred by Payvity as a result of being held liable by third parties, insofar as this is based on a breach of duty within the customer's area of responsibility.
Limitation Period
Claims against Payvity shall lapse within twelve months, to the extent legally permissible.
Data Protection
The processing of personal data is carried out in accordance with the applicable legal regulations.
Final Provisions
German law shall apply.
To the extent legally permissible, the place of jurisdiction is the registered office of Payvity.
Should any provision be invalid, the contract shall otherwise remain valid.