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 haftungsbeschränkt
for the "Parcel" division
Scope of Application
These General Terms and Conditions apply to all contracts, services, and offers of Payvity UG haftungsbeschränkt, based in [address], registered in the commercial register of [registration court] under HRB [number], in the "Parcel" division.
The offer is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as legal entities under public law and special funds under public law.
Deviating terms and conditions of the customer shall only apply if Payvity expressly agrees to their validity in text form.
Individual agreements shall take precedence over these General Terms and Conditions.
Subject 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 the 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 supports the initiation of contractual relationships, the coordination of processes, and the onboarding of locations.
A specific economic success is not owed.
Obligations of the Customer and Assumption of Risk
The customer is solely responsible for the proper execution of all operational activities in connection with the acceptance, storage, processing, and output of shipments.
The customer bears the full risk for all breaches of duty, damages, losses, delays, errors in processing, 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 business liability insurance and to provide Payvity with corresponding proof upon request.
The customer bears the burden of presentation and proof regarding the existence of a breach of duty by Payvity.
Remuneration
The remuneration is specified in the respective contract documents.
Invoices are due for payment immediately.
Liability
Payvity is liable without limitation in cases 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 typical, foreseeable damage under the contract.
The amount of liability is limited to a maximum of 10,000 euros per claim and additionally to the remuneration paid in the last contract year, whichever lower amount is applicable.
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 duty on its part.
Indemnification and Recourse
The customer fully indemnifies Payvity against all third-party claims arising from or in connection with the customer's activities.
This also expressly applies to claims from contractual partners of Payvity.
The indemnification covers all damages including contractual penalties, claims for damages, lost profits, as well as all costs of legal prosecution and defense.
The customer is obliged to compensate Payvity for any damage incurred by Payvity as a result of a claim made by third parties, provided this is based on a breach of duty within the customer's area of responsibility.
Limitation Period
Claims against Payvity expire within twelve months, to the extent legally permissible.
Data Protection
The processing of personal data is carried out in accordance with 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 remainder of the contract shall remain in effect.