- The use of the portal www.myfracht.com (hereinafter myfracht) is subject to these General Terms and Conditions (hereinafter GTC).
- The portal is operated by KRS Media UG, Päwesiner Weg 20, 13581 Berlin.
- The services offered by MyFracht via the portal are aimed exclusively at entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law, but not at consumers (§ 13 BGB). These GTC therefore only apply to entrepreneurs (§ 14 BGB), legal entities under public law and special funds under public law.
- These GTC shall apply to all contracts, provided that no binding statutory provisions contradict them. Deviating terms and conditions of the customer shall only be taken into account if we acknowledge them in writing.
- All prices are net prices.
- myfracht provides the Client with various services in the area of warehousing and logistics (hereinafter referred to as “Fulfillment Services”).
- List of fulfillment services:
- Goods receipt
- Storage of the goods
- Outgoing goods
- Handover to shipping service provider
- Returns processing
- myfracht does not store the following goods and commodities:
- Weapons, explosives
- Article for hanging
- Living goods
- Hazardous goods / hazardous substances
- Articles that emit odors
- Articles and documents with content glorifying violence, pornography, racism, extremism or discrimination.
- The following goods and commodities are accepted by myfracht only after prior consultation in the warehouse:
- Articles whose longest edge measures over 60 cm
- Products that require special storage conditions (e.g. temperature, humidity)
- Products that have special requirements for their storage space due to quality seals
- Goods with a high insurance value, such as electronics or jewelry
- Products that require special shipping methods
- Goods that have special shipping needs, such as those with a high susceptibility to breakage.
- For products with legal age restrictions, the Principal assures that it has established reliable verification procedures that meet the judicial requirements of a two-step age verification process. In this context, the Principal verifies both the age and the identity of the end consumer during the ordering process.
- The Client warrants to myfracht that the Products are not affected by any prohibition of joint loading or storage and that, even if damaged, the Articles or their packaging do not pose any risk to the environment, people or property.
- Upon receipt of the goods, myfracht checks at the respective location whether the delivery complies with the provisions of § 3 paragraph GTC. In case of violations of the rules, myfracht refuses to accept the goods, notifies the Client and makes the items available for collection. The costs arising from this process shall be borne by the Client. If the Client does not pick up the articles despite repeated reminders and set deadlines, myfracht will professionally dispose of the products at the Client’s expense.
- Deliveries should be made in a single run. The delivery bill must show the following information:
- the reference number of myfracht
- Item name
- Number of units supplied
- The delivered items should have the following characteristics:
- The product image stored at myfracht must correspond to the delivered item.
- Each item should be barcoded with either the item number or EAN code. (Deviations can be accepted by prior arrangement and invoiced separately).
- If the delivery is not made as a parcel shipment, the Client or the carrier commissioned by the Client must inform myfracht in advance in writing about the planned delivery date and the method of delivery.
- Deliveries that have not been registered with myfracht in accordance with this process may be rejected. In such a scenario, myfracht is not obliged to accept the goods.
- During unloading, myfracht checks the identity, completeness and integrity of the packages. Damaged units will be rejected by myfracht and must be taken back or picked up by the client at his expense. Any damage will be visually recorded by myfracht and emailed to the client. Over-deliveries of up to 15% per item can be accepted with costs. Over-deliveries of more than 15% must be announced by the client and confirmed by myfracht. A comprehensive control of the goods, especially according to § 377 HGB (German Commercial Code), does not take place by myfracht.
- Euro pallets are returned in exchange. There is no pallet quota. Non-collected disposable pallets will be disposed of at the expense of the client.
- Delivered goods should be delivered in single-sort units. Mixed pallets may only contain single-sort cartons. A pallet is considered mixed if it contains at least two different items. Invoicing is then based on time and effort according to the price list.
- Delivered items or units should be provided with a barcode from the outside. If this is missing, it will be made by myfracht for a fee and attached to the item. After completion of storage, the items are available in the inventory.
- The acceptance of notified incoming goods takes place within 5 working days (Mon.-Fri.), unless it is an unusually large quantity.
- Goods receipts that are not processed on the same day are included in the daily order quantity on the next working day.
- Larger article volumes should be delivered on Euro pallets. Additional expenses incurred by incorrect delivery will be charged to the customer according to the price list.
- Only those goods and quantities may be delivered that have been previously agreed upon with myfracht in the offer. In case of delivery of new products, which differ in particular in shape, size and weight, a new pick & pack as well as packaging price must be agreed upon with myfracht in advance.
Storage of the goods
- The goods are stored per square meter on shelves or Euro pallets. The occupancy of the storage space is determined when the contract is signed. If the storage requirements exceed the agreed space, myfracht will apply the next higher rate immediately after receipt of goods. If the storage volume exceeds 20m2, myfracht will charge an additional 50€ per square meter.
- myfracht may, in consultation with the Client, carry out an inventory on the specified reference date. The Client shall provide the relevant list at least 4 weeks prior to the inventory. After completion of the inventory, myfracht will return this list to the Client. The time spent on the inventory will be invoiced by myfracht according to the agreed hourly rates.
- At the end of the contract period, myfracht reserves the right to conduct an additional inventory at the Client’s expense.
- During the inventory work, activities such as goods movements, putaways, picking or processing of orders are not possible.
- The goods should be delivered ready for shipment.
- If repackaging is required, we charge a flat rate of 100€ for all standard rates. For individual tariffs the price may vary.
- Packing material is not included in the offer and must be provided.
- The client receives a confirmation from myfracht about the processing of the order as well as the option to track the shipment, provided that he has selected a shipping method suitable for tracking. This does not apply to shipments via delivery services that do not offer parcel tracking (e.g. Deutsche Post).
- Delivery takes place according to the frequencies specified in the offer.
- myfracht uses all common software solutions provided by the customer.
- For general communication concerns, the ticket system provided by myfracht is to be used.
Service remuneration and billing
- myfracht has standardized rates available, but can also prepare a customized offer, based on the current price list.
- A price change on the part of myfracht is possible at the earliest three months after the start of the business relationship. Exceptions are modified products that require a recalculation of the services. All prices are plus the statutory value added tax and are based on the tax and economic policy framework conditions applicable at the time of the conclusion of the contract (e.g. toll, minimum wage, tax adjustments, tariff changes, etc.).
- Cost changes that are beyond the control of myfracht and affect the services or prices of this Agreement may be passed on accordingly at myfracht’s discretion.
- Price adjustments for shipping services that take place outside the control of myfracht (e.g. rate increases at DHL, GLS, DPD, etc.) may be passed on at our discretion in the form of adjusted conditions.
- The settlement takes place in two phases:
- The tariff billing is done in advance.
- Invoicing for shipping services, additional expenses incurred and other costs shall be made monthly by myfracht by sending an invoice to the Client. A payment term of seven (7) days is to be observed, cash discounts are not provided. Invoices shall be sent by e-mail, whereby the date of dispatch shall be decisive.
Warranty and liability
- Within the framework of the legal requirements and its business liability insurance, myfracht assumes liability for damages incurred by the Client due to deficiencies in the fulfillment services.
- With the transfer of the goods as a consignment or package to the respective forwarders or shipping service providers, the risk is also transferred to these service providers. From this moment on, the General Terms and Conditions (GTC) of the respective service providers apply. Myfracht is not liable for damages or losses from this point on.
- This liability is excluded if the defects are due to actions or omissions of the Client, such as inaccurate product descriptions or defective products. Traffic or unavoidable operational disruptions caused by lawful industrial action, official orders or other cases of force majeure, including those originating from external suppliers, shall release myfracht from the obligation to perform for the duration of their existence and to the extent of their effects and shall extend agreed deadlines accordingly.
- MyFracht disclaims any liability for financial or other non-physical damages that may be related to the operation of the Platform, unless MyFracht and/or MyFracht’s vicarious agents have caused such damages intentionally or through gross negligence. The above limitation of liability does not apply to damages resulting from the breach of material contractual obligations (cardinal obligations).
Contract duration and termination
- The contract period ends with a termination.
- Both contracting parties have the right to terminate the contract with a notice period of three (3) months to the end of the month, unless otherwise specified. The date of receipt by the recipient of the notice of termination shall be decisive for compliance with the notice period.
- The right of both parties to extraordinary termination without notice for good cause shall remain. Good cause shall be deemed to exist in particular in the event of:
- Insolvency or initiation of insolvency proceedings of one of the parties;
- a significant breach of contract, and if the breaching party does not restore the contractual obligations despite setting a reasonable deadline (maximum one month).
- Remaining stocks of the Client shall be removed from the warehouse by myfracht at the end of the contract and either returned to the Client or to a third party specified by the Client. The costs for the return or disposal shall be borne by the Client.
European Online Dispute Resolution Platform
According to the EU Regulation No. 524/2013 on online dispute resolution in consumer matters, disputes between consumers and entrepreneurs in connection with online sales contracts or online service contracts have been resolved via an online platform since January 9, 2016. This platform is provided by the European Commission via the portal: http://ec.europa.eu/consumers/odr/.
We would like to point out that we are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
- The law of the Federal Republic of Germany shall apply. If the user is a merchant, the place of jurisdiction is Berlin.
- Should individual provisions of these General Terms and Conditions of Use be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any General Terms and Conditions that are not included or are invalid. In all other respects, the parties shall replace the void or invalid provision with a valid provision that comes as close as possible to it in economic terms, unless a supplementary interpretation of the contract takes precedence or is possible.
Version 2.0 – Status 09/26/2023