Provider of the services made available on this website and contractual partner on the conclusion of contracts for using these services is the below-mentioned company (hereinafter: „SHIPPION“):
Kaldenberger Strasse 22
Telephone: +49 (0) 211 977 1 888 1
Managing Director: Lasse Keldorf Jensen
Register court: Amtsgericht Düsseldorf
Register number: HRB 78615
VAT ID: DE 310 902 100
2.1 The following General Terms and Conditions (hereinafter: GTC) apply to the services provided by SHIPPION on this website. The offer is directed exclusively to entrepreneurs within the meaning of s. 14 of the German Civil Code.
2.2 An entrepreneur is any individual or legal entity or any partnership having legal capacity which acts in the exercise of his/her/its commercial or self-employed professional activity when concluding any legal transaction.
3. Specification of Services
3.1 Registered users (hereinafter: users) can free of charge and without engagement obtain information about prices and conditions from logistics service providers co-operating with SHIPPION.
3.2. Via this website, no contracts are concluded between users and logistics service providers. Moreover, SHIPPION establishes the technical connection to the respective logistics service providers so that in case of selection of a logistics service provider by the user the latter arrives at the website of the logistics service provider and can there conclude the contract directly with the selected logistics service provider. In this case, the GTC and any other possible conditions of the logistics service provider apply, which can be looked through on the respective website of the selected logistics service provider.
3.3 In this context, SHIPPION acts exclusively as an intermediary and does not conclude itself any contracts about freight transport or logistics services with the user or other third parties.
3.4 In case of disputes arising from any contracts concluded between users and logistics service providers SHIPPION does neither act as an intermediary nor as an involved party. Such disputes shall be settled exclusively between the contractual parties.
3.5 The user must always meet its assumed contractual obligations towards the selected logistics service provider.
3.6 SHIPPION does not grant the users any copyrights and other protective rights. As far as SHIPPION provides the user with software, the user receives a simple right of use, limited to the contractual purpose, non-transferable, and limited at longest to the period of the contract’s term.ei sich aus zwischen Nutzern und Logistikdienstleistern geschlossenen Verträgen ergebenen Streitigkeiten tritt SHIPPION weder als Vermittler noch als Beteiligter für eine Seite auf. Solche Streitigkeiten sind ausschließlich zwischen den Vertragsparteien zu klären.
4. Registration and Conclusion of Contract
4.1 The registration as a user is a prerequisite for using the services of SHIPPION. There is no entitlement to registration.
4.2 The registration as a user is free of charge.
4.3 The registration is permitted only to legal entities and such individuals with unlimited contractual capacity having attained the age of 18 and acting as entrepreneurs within the meaning of item 2.1 of this GTC.
4.4 The use of SHIPPION’s website or the extent to which single functions and services can be used, can be linked by SHIPPION to particular preconditions, e.g. the examination of login data and proof of trading licence.
4.5 The data inquired on registration must be stated completely and correctly. If there occurs a change of the inquired data after registration, the user will be obliged to immediately update the data in his/her/its member account.
4.6 The registration is done by opening a user account. Such account can be opened by activating the corresponding link in that area of SHIPPION’s website that is provided for this purpose. Thereafter, one must enter the personal data of the user and expressly confirm knowledge of the GTC and the data protection declaration, and consent to them. When the corresponding button is activated the user makes a binding offer for the conclusion of a user contract relating to the services of SHIPPION. SHIPPION accepts the offer by sending a confirmation e-mail to the e-mail address provided by the user on registration with the demand to confirm the indicated e-mail address. By SHIPPION’s sending this confirmation e-mail the user contract is concluded between the user and SHIPPION.
4.7 The user is obliged to keep the login data secret and not to disclose them to third parties. If the user is concerned that any third party could have obtained the login data or otherwise obtained access to the member account, the user will have to immediately advertise SHIPPION of this. Die Nutzung der Dienste von SHIPPION setzt die Registrierung als Nutzer voraus. Ein Anspruch auf Registrierung besteht nicht.
5. Exclusion of Liability
5.1 SHIPPION does not guarantee the permanent and uninterrupted availability of the website and the offered services. In case of server failure or other interruption of the services SHIPPION is not liable, unless SHIPPION has not acted in a grossly negligent or intentional manner. This above-mentioned exclusion of liability does not apply to damages arising from injury to life, body or health as well as in case of mandatory legal provisions.
5.2 Furthermore, SHIPPION reserves the right to limit temporarily the services on this website, if it is necessary in view of capacity limits, safety and integrity of the servers or for carrying out technical measures which serve the proper or improved provision of services.
5.3 When inquiring into the offers of logistics service providers SHIPPION strives for permanent topicality and correctness. In doing so, SHIPPION takes its cue from the information given by the logistics service providers. Therefore, SHIPPION cannot guarantee the correctness and topicality of the given information. For this reason, the user itself must carefully verify the offers and conditions on the respective website of the selected logistics service provider before assuming any contractual obligations. Any liability of SHIPPION for possible deviations is excluded according to item 5.5 of these GTC.
5.4 Regarding all links provided on this website SHIPPION declares that there is no influence on the design and the content of the linked sites and dissociates itself explicitly from the linked contents on the respective internet sites.
5.5 Besides, the following applies in principle:
(1) SHIPPION will be liable without limitation for damage insofar as it is guilty of intent or gross negligence.
(2) For ordinary negligence SHIPPION is liable only in case of violation of a duty the fulfilment of which enables the proper implementation of the contract and on the observation of which the user may regularly rely (cardinal obligation). Apart from that, any liability in case of ordinary negligence is excluded.
(3) If SHIPPION is liable for ordinary negligence, as above, the liability will be limited to the damage with the occurrence of which one had to reckon typically under the circumstances known on conclusion of the contract.
(4) The above exclusions and limitations of liability do not apply as far as any guarantee for the quality of the services has been given or the defectiveness of the service has been maliciously concealed. Furthermore, SHIPPION is liable without limitation for damage to life, body, and health as well as in case of other mandatory legal provisions.
6. Limitations of Use
6.1 The user itself is responsible for acquiring rights of use in the contents provided by it on this website (texts, photos, assessments, links etc.) – as far as they are necessary (e.g. in case of other utilization). Such rights of use are on no account granted to the user by SHIPPION.
6.2 The user is in any case prohibited from commercially utilizing the contents provided on this website for any services which are offered by SHIPPION itself.
6.3 The user commits to SHIPPION to use no programs or functions in order to generate in an automated way any page views or contents on this website.
7. Deletion and Blocking
7.1 If SHIPPION becomes aware that a user violates these GTC, SHIPPION will be entitled to block the user from the further utilization of SHIPPION’s services and to delete the member account. The user concerned will be informed of this by e-mail.
7.2 The above will apply in particular, if
– the user has provided false details at the time of registration,
– the user repeatedly does not fulfil its contractual obligations towards the selected logistics service provider, without having a legitimate reason to do so,
– services provided by SHIPPION are misused or
– another important reason exists.
8.1 Any termination of the user contract must be made principally in writing. The termination shall immediately become effective. There is no period of notice.
8.2 The right of extraordinary termination for good cause remains unaffected.
9. Contract Language, Contract Text Storage
9.1 The contract language is English.
9.2 The contract text is not stored by SHIPPION after conclusion of the contract and is not accessible for the user after conclusion of the contract. The user can print the contract text before conclusion of the contract and/or store it by means of screenshots of the essential websites or by transformation into PDF format in reproducible form.
10. Applicable Law, Jurisdiction Clause
10.1 The contracts concluded between SHIPPION and the users for using the services via this website are subject to the substantive law of the Federal Republic of Germany.
10.2 In case disputes relating to these GTC and/or the contracts between SHIPPION and the users for using the services the place of jurisdiction in the district of which SHIPPION’s has its registered office is considered as agreed.
11. Severability Clause
If any of the above provisions becomes totally or partly invalid due to legal provisions, regulations or legislative changes, all other provisions will remain unaffected by this and will continue to apply to their full extent.