Terms & conditions
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Version: 2026.01
Last updated on: 17 December 2025
Conditions
Shipcloud GmbH, Shipcloud B.V., Shipcloud SL, Europaket + GmbH, Europakket + B.V., hereinafter referred to individually and collectively as “Shipcloud”. We apply general terms and conditions for the use of our platform and for the logistical services we provide in our capacity as freight forwarder. This means the following. If, in addition to using the Shipcloud platform, the customer also books forwarding services, then, alongside the general terms and conditions set out in §§ 1 to 13, the special conditions governing forwarding services in §§ 14 to 22 shall also apply.
If the customer books only forwarding services without using the Shipcloud platform, then §§ 1, 2, 4.3, 10, 11, 13 and 12 (as a supplement to § 21 but subordinate to it), as well as §§ 14 to 22, shall apply exclusively.
I Services
§ 1 Scope of Application
These terms and conditions apply, to the exclusion of any terms and conditions of the customer (hereinafter: the “customer”), to all services that Shipcloud provides independently or through third parties following the customer’s use of its online platform Shipcloud.com. Deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as Shipcloud has expressly, duly authorized, and in writing agreed to their applicability in individual cases. This requirement of explicit consent applies in all circumstances, including situations in which Shipcloud performs the service for the customer without reservation while being aware of the customer’s general terms and conditions.
§ 2 Definitions
“Customer” within the meaning of these terms is any business entity making use of the services provided by Shipcloud. Shipcloud does not provide services to consumers. Should this nonetheless occur, the customer guarantees to report this immediately and these terms shall apply as well. “Recipient” means any natural or legal person designated by the customer to receive a shipment. “Shipment(s)” refers to the goods to be transported. “API” refers to the technical interface with the Shipcloud platform that enables data to be shared with the platform.
§ 3 Services
Shipcloud provides a platform that can be integrated into existing systems. This platform is offered and operated by Shipcloud as “Software as a Service.” Through this software, all relevant carriers can be integrated into the customer’s systems via a single interface, enabling the customer to automatically generate shipping and return labels and track shipments.
The Shipcloud platform includes functions described in the online documentation available at developer.shipcloud.com.
Data is transmitted by the customer either through one of the interface functions of the Shipcloud platform or by entering it into the designated web form. Connecting the customer’s systems to the platform is not part of the services provided.
Shipcloud’s service obligation as a platform provider is limited to forwarding the data entered via the platform to the relevant carrier without altering its content.
The respective carrier, and not Shipcloud in its capacity as freight forwarder, is responsible for forwarding this data to third parties as part of the transport commissioned by the customer.
Shipcloud may send a Track & Trace code for the shipment to the customer. Shipcloud assumes no responsibility for the accuracy or completeness of the transmitted data. The sole exception is Shipcloud’s right to make adjustments to a booking where necessary to ensure that it can be successfully processed. Such adjustments do not affect Shipcloud’s service obligation and do not create any rights or obligations.
§ 4 Contract Formation
1. To use the Shipcloud platform, registration is generally required. The customer guarantees that the information requested during registration is provided accurately and completely. This also includes providing a valid payment method together with the payment details required for (automatic) collection via the selected payment method. Any VAT identification number (or the respective national equivalent) must also be provided, unless the customer is exempt from VAT obligations and therefore no VAT number is issued, even upon request. By not providing a VAT identification number (or its national equivalent), the customer guarantees that they are exempt from all VAT obligations within their tax jurisdiction.
After registration, and as part of Shipcloud’s acceptance of the order, the customer will receive an access ID and password, or such access may be provided in another manner, for example but not exclusively through a written agreement or a signed and/or approved rate card on the basis of which the order is executed. The access ID and password(s) are confidential, and the customer guarantees that no unauthorized third party will gain access.
2. If a contractual relationship already exists or has previously existed between Shipcloud and the customer and the associated services were discontinued, among other reasons due to the customer’s non-compliance with these contractual terms in accordance with § 10, and/or if the contractual relationship was subsequently terminated, a renewed or new contract with the customer or with the actual sender/account user may only be established through the express written or electronic mutual consent of Shipcloud and the customer.
3. In addition to § 4(1), a contract between Shipcloud and the customer may also be formed through the customer’s signing of a rate card or through a written agreement signed by both Shipcloud and the customer, and therefore not solely through registration.
§ 5 Contract Duration
1. Unless expressly agreed otherwise in writing, the initial contract term shall be at least one calendar month from the agreed contract start date and will automatically renew for an additional calendar month unless either contracting party terminates the contractual relationship at the end of the current contract month.
2. This does not affect Shipcloud’s right to terminate the contract for cause. Shipcloud is entitled to do so, among other but not exclusive reasons, if the customer performs unauthorized interventions in the Shipcloud platform, violates the conditions specified in § 6, is insolvent in Shipcloud’s sole judgment, is bankrupt or subject to bankruptcy proceedings or a comparable procedure in the relevant country, or fails to meet its payment obligations in a timely manner.
3. Termination of the direct debit agreement, revocation of the SEPA direct debit mandate, loss of validity of the stored payment method (e.g., expiration of the credit card), or deletion of stored payment data does not constitute termination by the customer. An explicit and legally valid termination of the contractual relationship is always required. However, Shipcloud is entitled to immediately suspend and/or terminate all services in such circumstances.
§ 6 Right of Use
1. The customer and the users authorized by the customer are granted a non-exclusive right, limited to the period of use or the contract term, to access the software functionalities via the Shipcloud platform. The customer and the authorized users receive no further rights and cannot derive or be deemed to have acquired any additional rights based on the rights granted.
2. The customer is not permitted to use the software outside the scope of permitted use under this contract and guarantees that no third party will be allowed to use or gain access to the software. In particular, the customer is not permitted to reproduce or sell the software or any part thereof.
3. The customer is responsible for all access credentials created within its organization and must pay for all charges incurred by users set up and thereby authorized by the customer. The same applies to
unauthorized use by third parties if and to the extent the customer is responsible for such use.
4. Upon request, the customer must provide Shipcloud with all information necessary to assert claims against third parties, including their name and address, and the nature and scope of claims arising from unauthorized transfer or use of the software.
5. Shipcloud reserves the right to monitor, investigate, and restrict access to the system, particularly but not exclusively in cases of excessive use of the platform, such as DDoS attacks, incorrect programming of the system interface by the customer, and similar misuse.
6. To ensure optimal performance of the Shipcloud API and to guarantee a high-quality user experience for all customers, the customer undertakes to monitor and optimize the API usage by users set up by the customer and to maintain usage within a so-called “fair use” volume. “Fair use” is defined as non-excessive use of the API. If the customer uses the API excessively, unlawfully, and/or in a manner deemed risky by Shipcloud, Shipcloud may immediately and without prior notice restrict access to the API in whole or in part.
§ 7 Updates
Shipcloud may make or have made changes to the Shipcloud platform (updates and/or new versions) at any time without prior notice to and/or consent from the customer. Shipcloud undertakes to implement such changes in a manner that does not unreasonably affect the services contractually guaranteed to the customer.
§ 8 Prices / Fees for Use of the Shipcloud Platform
The prices and fees listed on the Shipcloud platform apply (usage fees/charges plus statutory VAT).
The customer is obligated to pay the contractually agreed fee for each service.
Shipcloud expressly reserves the right to make adjustments, without affecting the fees for services already rendered.
§ 9 Invoicing / Payment
1. Unless individual payment terms have been agreed, monthly or transaction-based platform fees are invoiced on a monthly basis.
2. In the event of an upgrade to a subscription with higher monthly usage fees/charges or a change to a subscription with transaction-based usage fees/charges, Shipcloud is entitled to issue an interim invoice for the monthly or transaction-based fees at the time of such upgrade or change.
3. The customer may make payment via PayPal, credit card, or SEPA direct debit (individual payment methods are not available in all countries/currencies or to all customers). Payment on account requires an express individual written agreement. Shipcloud reserves the right to refuse or withdraw the customer’s use of individual payment methods, including but not limited to situations involving increased credit risk on the part of the customer.
If a submitted direct debit is returned or reversed for reasons attributable to the customer, the customer must reimburse Shipcloud for the resulting costs upon first request. The same applies to payments made via PayPal or credit card. In these cases, service charges will be applied according to the fee schedule published on the Shipcloud website.
4. The customer shall verify each invoice for accuracy and must notify Shipcloud of any objections within 2 weeks of receiving the invoice. After this deadline, the right to dispute the invoice expires and the invoice is deemed accepted.
5. The customer agrees that Shipcloud may send invoices electronically. Invoices will be sent as file attachments to the customer’s email address.
6. Unless otherwise agreed, payment shall be made no later than 30 days after the invoice date, in accordance with § 9(3).
7. All claims against Shipcloud expire 1 year after the issuance of the individual order.
§ 10 Default or Missing Payment Method
1. In the event of non-payment, Shipcloud has the right to suspend services at the customer’s expense. The obligation to pay the agreed fees remains unaffected.
2. If the direct debit agreement is terminated, the SEPA direct debit mandate is revoked, the stored payment method becomes invalid (e.g., credit card expiration), or the stored payment data is deleted during the contract term, Shipcloud is entitled to suspend services at any time at the customer’s expense. The obligation to pay the agreed fees remains unaffected.
3. Shipcloud reserves the right, in the event of payment arrears, to charge all extrajudicial collection costs at a minimum of 15% of the outstanding amount, as well as judicial costs based entirely on the actual expenses incurred.
§ 11 Data Collection / Data Protection
When collecting and processing data, Shipcloud observes the applicable data protection regulations, as well as the data protection provisions accessible via the hyperlink on the Shipcloud website.
§ 12 Liability
1. The burden of proving the existence of damage and its exact extent rests exclusively with the customer. Any damage whatsoever does not entitle the customer to offset such damage against Shipcloud or to suspend its contractual obligations.
2. Shipcloud is liable only for direct damage suffered by the customer, not for consequential damage, indirect damage, or any other damage that cannot be classified as direct damage, including but not limited to loss of profit, environmental damage, or non-material damage. The customer acknowledges and accepts that Shipcloud merely provides a platform and is only liable for the normal functioning of that platform to the extent reasonably within its control.
3. Liability is in all cases and under all circumstances limited to the amount paid out by Shipcloud’s liability insurer, as well as to the deductible that Shipcloud must pay to said insurer. If and to the extent that no insurance payout is made, Shipcloud’s liability is at all times limited to compensation for direct damage as defined above and limited to the total amount of the fees paid by the customer to Shipcloud for the individual assignment up to the occurrence of the damage, but no more than the total fees paid during the most recent 12 months prior to the (initial) occurrence of the damage.
4. Shipcloud is not liable for the functionality of standard integrations used by the customer within Shipcloud’s software, regardless of whether such integrations were provided by third parties.
5. Shipcloud is not liable for defects that may arise from the integration of Shipcloud’s software into the customer’s system environment, where such integration is the responsibility of the customer.
6. Shipcloud is not liable for incorrectly created shipping or return labels.
7. Shipcloud is not liable for the functionality of external carrier systems used by Shipcloud to generate labels and track shipments.
8. Shipcloud is not liable for damage resulting from the loss of data or the use of incorrect data provided by the customer.
9. Shipcloud is not liable for claims by third parties arising from data stored by the customer, nor for damage arising from the (temporary) unavailability of the platform and/or related services.
10. If defects caused by Shipcloud occur that result in the loss or serious limitation of the contractually guaranteed use of the services, Shipcloud is obligated to remedy such defects. Minor deviations in functionality, however, do not constitute a defect.
11. The foregoing does not affect liability in cases of intent or deliberate recklessness on the part of Shipcloud’s executive management.
12. The customer indemnifies Shipcloud against all claims of any nature brought by third parties against Shipcloud in connection with and/or arising from the agreement with the customer. The customer likewise indemnifies Shipcloud against all internal or external costs Shipcloud incurs in this context, and/or any additional damage.
13. If Shipcloud fails to fulfil one or more of its obligations under these terms due to force majeure — defined as one or more circumstances beyond its control, including but not limited to war, riots, fire, terrorism, embargoes, collective actions, sanctions, electronic failures, disruptions in product supply, accidents, government-imposed measures, epidemics, pandemics, floods, shortages of materials or labor, strikes, unforeseeable malfunctions and/or defects at Shipcloud or its carriers or suppliers, or a failure of a carrier or third party engaged by Shipcloud — Shipcloud shall not be liable for any damage resulting from such nonperformance.
In the event of force majeure, Shipcloud will, where possible, attempt to fulfil its obligations in whole or in part within a reasonable time after the force majeure situation has ended.
§ 13 Miscellaneous
1. The customer is not entitled to assign or pledge any claims against Shipcloud. Set-off and/or suspension by the customer against Shipcloud is excluded.
2. Shipcloud has the right to unilaterally amend these general terms and conditions. The amended terms and conditions will also be published on the Shipcloud website. The customer is entitled to terminate its agreement with Shipcloud, provided that termination occurs within 2 weeks after publication on the Shipcloud website and provided that the customer suffers unreasonable and serious disadvantage as a result of the amendment.
3. Dutch law applies exclusively to all legal acts between the customer and Shipcloud. The District Court of Limburg, location Roermond, has exclusive jurisdiction to hear any disputes, without prejudice to Shipcloud’s right to bring the dispute before another competent court, for example in the jurisdiction where the customer is established.
II Forwarding Services
§ 14 Optional Provision of Forwarding Services
1. Shipcloud also arranges logistical services as a freight forwarder within the meaning of Article 8 :60 of the Dutch Civil Code. In its capacity as a freight forwarder, Shipcloud is not responsible or liable for the actual transport. To provide the service, Shipcloud uses internationally active logistics companies as carriers.
When the customer purchases or generates shipping labels under agreements concluded between
Shipcloud and carriers, Shipcloud, acting as freight forwarder, will instruct the carrier designated by the customer through the Shipcloud platform to execute the transport of the shipment. The carrier is free to subcontract. Shipcloud’s carrier is free in its choice of transport routes and means. Compliance with any specific delivery times is not guaranteed. Instructions issued by the customer after handover of a shipment do not have to be followed. §§ 418 and 419 HGB do not apply, insofar as they would be relevant under applicable Dutch law. By engaging Shipcloud, the customer agrees that Shipcloud and its carrier(s) are entitled to accept third-party terms and conditions applicable to the subcontractors they engage. In addition, the General Terms and/or Transport Conditions of the executing carrier(s) apply.
2. Delivery to the recipient specified by the customer usually occurs through personal delivery. Contactless delivery methods are permitted at the request of the customer, whether via the recipient or through standard industry solutions of the carrier, for example in connection with special circumstances and/or governmental measures. Shipments addressed to recipients in shared facilities may be delivered to any person authorized to receive shipments at that location, even if that person is a third party. The customer guarantees that in such facilities, the reception desk or designated receiver is always authorized, and the carrier may rely on this. The customer therefore agrees that delivery may also take place to persons who, under the circumstances, may reasonably be assumed to be authorized to accept the shipment. These include, in particular, family members of the recipient or their spouse, household staff, reception personnel, housemates, and neighbors.
After an unsuccessful delivery attempt, the carrier is entitled to deposit the shipment at a parcel shop and notify the recipient of the (non-)delivery. Shipcloud and/or the carrier is entitled to use electronic means to confirm (non-)receipt. After this, the shipment is considered undeliverable. Shipments are also considered undeliverable if the wrong recipient was specified and/or delivery is refused. Shipcloud and/or the carrier will return such undeliverable shipments to the customer at the customer’s expense.
If an undeliverable shipment cannot be returned to the customer, Shipcloud or its carrier is entitled to open it. If the customer or another authorized person cannot be identified, or if delivery or return is otherwise not possible or reasonable (for example because the customer refuses to bear the costs, or such refusal is deemed likely due to outstanding amounts owed to Shipcloud), Shipcloud or its carrier may, in accordance with legal provisions and at the customer’s expense, use, destroy, and/or sell the shipment.
3. To determine the number of parcels, dimensions, weights, shape, and content of the parcels, the customer guarantees the accuracy of the information provided to Shipcloud. This information is binding for invoicing the services performed by Shipcloud and its carriers.
4. If the actual number of parcels and/or the actual dimensions, weights, shape, and/or content of the parcels differ from the information provided by the customer, based on data received by Shipcloud from the carrier(s), Shipcloud is entitled to recalculate the invoiced amount and charge the customer the difference, within 5 years after Shipcloud has become aware of the claimability of such difference. Data provided by the carrier(s) is binding, unless proven otherwise. The burden of proving inaccuracy of the data supplied by the carrier and/or Shipcloud rests exclusively with the customer. If the customer disputes the data provided by the carrier(s), Shipcloud is not a party to that dispute. Shipcloud is at all times entitled to invoice the customer based on the data Shipcloud receives from the carrier(s).
5. If the customer has not agreed on rates for a shipment but still submits the shipment via the Shipcloud platform, the customer is deemed to have accepted the rate communicated by the platform, insofar as such communication occurs. No rights can be derived from these rates. These prices reflect the freight costs and certain surcharges based on the dimensions and weights supplied by the customer. Additional surcharges may apply, as well as extra costs if the information provided by the customer is wholly or partially incorrect.
See § 14.4.
§ 15 Formation of a Contract for Forwarding Services
1. A forwarding contract is concluded between Shipcloud and the respective customer of the logistical services.
Such a contract is only formed upon the customer’s binding acceptance of Shipcloud’s offer to enter into a contract, whether in writing or electronically. Shipcloud is free at any time, and without providing reasons, to reject an offer.
2. Shipcloud will under no circumstances enter into transport contracts for goods that are excluded from forwarding (§ 18). If Shipcloud becomes aware that goods excluded from transport are being shipped, Shipcloud is entitled to terminate, refuse, and/or otherwise impose conditions on forwarding orders, at its discretion. As a freight forwarder, Shipcloud refuses to arrange transport for shipments destined for recipients listed on sanctions and/or embargo lists, or where it is suspected that such shipments will subsequently be forwarded to such recipients, and/or where cooperation is prohibited. Shipcloud is entitled to request information from the customer regarding the contents of the shipment, even after the shipment has been handed over to a third party appointed by Shipcloud. If the customer refuses to provide such information or if the information cannot be obtained in a timely manner, Shipcloud is free to inspect or have a third party inspect the contents of the shipment with respect to the transport exclusions listed in § 18.
3. The customer guarantees that each shipment is carefully provided with a label containing all necessary information (contact details, addresses, etc.). The customer is responsible for ensuring that any labels indicating special handling requirements are clearly visible and affixed where necessary.
4. The customer guarantees that all shipments are packaged safely, appropriately, and, where required, sturdily, and in any case in accordance with the guidelines of the carrier.
5. The customer guarantees that no dangerous goods will be shipped unless the customer has obtained unambiguous written permission from Shipcloud upon request, and the carrier has agreed to accept such goods.
§ 16 Prices / Fees for Forwarding Services
1. For forwarding services obtained through Shipcloud, the applicable rates are the current agreed rates displayed either on the platform or in a rate card signed by the customer, as provided by the respective carrier for the specific purchase. No rights may be derived from these rates. These prices reflect the freight costs and certain surcharges based on the dimensions and weights provided by the customer. Additional surcharges may apply. If no agreed rate is provided for the forwarding service obtained, Shipcloud will charge the market rate at Shipcloud’s discretion, plus any applicable surcharges.
2. Shipcloud is entitled to charge an additional fee if the information in a submitted order proves to be incorrect when verified by the selected carrier, if addresses are incorrect, if maximum parcel dimensions and/or weight specifications are exceeded, and/or if shipments are insufficiently packaged. Dimensions, weights, quantities, and similar data provided to Shipcloud by a carrier are, for the purposes of determination, always binding on the customer. The burden of proving the inaccuracy of the dimensions, weights, quantities, or other data provided by the carrier lies exclusively with the customer. Shipcloud cannot be held responsible or otherwise involved as a party in any dispute arising from such discrepancies.
In the case of additional costs, Shipcloud will pass on the carrier’s costs to the customer. Shipcloud further reserves the right to charge additional fees depending on the type of service provided.
3. Shipcloud is also entitled to charge an additional fee if the conditions of § 19 are not met or not fully met by the customer.
4. The customer guarantees that they will bear the costs associated with processing return shipments that arise as part of or in connection with a return order initiated by or on behalf of the customer.
5. For customers who have agreed to optional logistical services with Shipcloud through a signed rate card, the following applies: the applicable rates for forwarding services obtained through Shipcloud are the current rates of the respective carrier as shown in the rate card valid on the date of booking.
These rates are determined based on the information provided by the customer regarding average parcel dimensions, average weight, and annual volume. Shipcloud reserves the right to increase prices or charge additional fees if the information provided in advance proves to be demonstrably incorrect, incomplete, and/or not adhered to.
6. Additionally, Shipcloud reserves the right to charge the market rate at Shipcloud’s discretion if a customer places an order for delivery to a country or postal code area for which no rates have been issued.
§ 17 Invoicing, Payment
§ 9 of the General Terms and Conditions applies accordingly. Shipcloud reserves the right to issue (interim) invoices for monthly or transaction-based fees, as well as for logistical services, without fixed invoicing cycles.
§ 18 Exclusions
1. The following items are excluded from transport by the carrier(s) engaged by Shipcloud:
• Goods of special value, in particular precious metals, genuine jewelry, gemstones, real pearls, antiques, artworks, or other valuables, provided that they are excluded from transport under the general terms and/or transport conditions of the executing carrier, or if their value exceeds the maximum value permitted for this category of goods under such terms;
• Money, coins, deeds, documents, securities, and other items with monetary value (e.g., credit, cheque, and telephone cards), provided that they are excluded under the carrier’s general and/or transport conditions, or if their value exceeds the maximum value permitted for this category of goods;
• Non-commercially packaged shipments that do not comply with the general terms and conditions and/or transport conditions and/or packaging guidelines of the executing carrier(s);
• Any shipment exceeding the maximum value permitted for transport under the general and/or transport conditions of the executing carrier;
• Shipments whose contents, transport, or external design violate statutory or official regulations; • (Fire)arms, explosives, drugs, tobacco, etc.;
• Shipments that may injure persons or cause material damage, perishable goods, live or dead animals, medical or biological test materials, medical waste, human remains, body parts, or organs;
• Other dangerous goods regulated under hazardous materials law, insofar as their transport is not permitted under the “Regulations for the Transport of Dangerous Goods and Objects”, unless allowed by special agreement. § 410 HGB remains unaffected insofar as it would apply under Dutch law;
• In cross-border transport: goods whose import or export is prohibited or subject to special permits under the applicable laws of the sending, transit, or destination countries, if such permits have not been obtained. The customer is responsible for arranging and correctly providing the required permits. If this is not done, Shipcloud reserves all rights and must be informed of such goods before dispatch;
• Shipments addressed to natural or legal persons, including public-law entities, that appear on sanctions lists or are subject to embargo measures;
• Goods that do not comply with intellectual property laws.
2. Furthermore, exclusions that go beyond those listed above and are contained in the general and/or transport terms of the executing carrier(s) shall prevail in the event of a dispute.
3. Acceptance of excluded goods does not constitute a waiver of the right to exclude them from transport.
Shipcloud reserves the right to refuse continued forwarding if, after acceptance by the carrier, it becomes aware that the shipment falls under one of the exclusions listed in this article.
In such cases, Shipcloud has the right, at its sole discretion and at the customer’s expense, to use, destroy, or sell the goods being or to be transported by the carrier, insofar as necessary to avert danger.
In addition to legally regulated cases, the customer is liable for all direct or indirect damage caused by the shipment of excluded goods, as well as for all consequences arising from unlawful cross-border shipments and violations of export, import, or customs regulations.
§ 19 Validity of Purchased Shipping Labels
If the transport is carried out under a transport contract between Shipcloud and the customer, the validity of the shipping labels (including return labels) is determined in accordance with the transport conditions of the carrier used for the shipment. A shipping label loses its validity if it does not receive a first scan from the carrier within the validity period specified under the carrier’s transport conditions. Shipcloud charges SaaS fees for such labels and reserves the right to charge the transportation costs and any additional fees.
§ 20 Obligations to Cooperate
1. The customer must select the product at their own discretion. The customer must provide all information necessary for forwarding and transport, relating to delivery and invoicing of the shipment, accurately, completely, and in a timely manner.
Instructions from the customer are only binding on Shipcloud if given in the manner specified for the relevant product. The customer must affix sufficiently completed and correct labels visibly to the shipment.
2. The customer is responsible for ensuring that address labels are affixed correctly to the shipment in accordance with the specifications of the selected carrier, and that there is no risk of the shipment being confused with another. This also includes the obligation to print shipping labels in accordance with the minimum print quality specifications required for transport (usually at least quality class “B” under ISO/IEC 15416). If the customer intentionally breaches this duty of care, they must compensate Shipcloud for any resulting damage.
3. The customer is responsible for insuring their shipment as adequately as possible against loss, damage, etc.
The customer guarantees that the shipment will be made available for collection at an easily accessible location.
4. The number, weight, and dimensions of the packaged shipment must correspond to the information provided when placing the order.
5. Packages that are particularly heavy must be marked accordingly, in compliance with the carrier’s specifications.
6. No conclusions regarding the contents or value of the goods may be drawn from the external packaging.
Labelling the packaging with indications of the packaged goods, such as product images or conspicuous markings, is not permitted. The customer/sender may only use neutral cardboard boxes and sealing materials. Labelling of packaging or adhesive tape with the customer’s/sender’s company name, logo, or trademarks is permitted.
7. Shipments must be labelled in such a way that clear identification is possible, particularly ensuring that the sender and recipient are clearly identifiable.
8. The customer must use suitable and safe packaging to ensure that the shipment cannot be damaged during transport, that no damage is caused to third-party shipments, and that unauthorized access to the contents is prevented and the contents are protected against loss.
9. §§ 410 and 411 HGB must be observed, insofar as they are applicable under Dutch law. If a shipment does not meet the requirements in paragraph (7) above, Shipcloud is entitled to refuse forwarding and transport or to return an already accepted shipment to the customer or hold it ready for collection.
10. If goods (electronic devices, e.g., smartphones) have a remote deactivation feature that renders them unusable or at least difficult to use, the customer/sender must activate such a mechanism immediately to mitigate and/or prevent damage. In addition, the customer/sender must take all other precautions that facilitate identification of the goods in the event of loss and prevent or at least hinder misuse, for example by blocking gift cards and/or SIM cards and providing serial numbers or IMEI numbers.
11. The customer/sender must choose a delivery method that complies with applicable youth protection laws if the goods are subject to corresponding restrictions (e.g., a minimum age requirement).
§ 21 Liability
1. Shipcloud is liable under the same conditions as the carrier selected by the customer and appointed by Shipcloud as freight forwarder for the shipment, provided that the shipment has already received an initial scan from the selected carrier. The liability conditions of the executing carrier can be viewed at https://shipcloud.com/terms-and-conditions/. With respect to Shipcloud, the customer
acknowledges the terms and conditions of the executing carrier as legally binding. If these liability conditions do not apply in individual cases, including but not limited to situations where shipments have not yet received an initial scan from the selected carrier, Shipcloud is liable in accordance with these terms and, in addition, pursuant to the most recent version of the Dutch Forwarding Conditions 2018, available at https://www.tln.nl/ledenvoordeel/voorwaarden.In the event of conflicting liability provisions, Shipcloud reserves the right to determine which provisions apply.
2. Shipcloud, acting as a freight forwarder, is liable in the event of loss or damage to shipments in accordance with the contractual and/or statutory liability limits applicable to freight forwarders pursuant to Article 8:60 BW.
The customer bears sole responsibility and risk for all consequences arising from an impermissible shipment of goods, especially from the shipment of excluded items. The customer is also liable for all consequences arising from unlawful (cross-border) shipments of goods, particularly violations of export, import, sanctions, or customs regulations.
3. Shipcloud is not liable for indirect damage or consequential loss (in particular financial loss, loss of profit, and costs of substitute measures), regardless of whether Shipcloud was informed of such risks before or after accepting the shipment. Shipcloud is likewise not liable for damage occurring during a contractual inspection of the shipment.
Externally visible damage must be reported immediately by the customer or recipient upon delivery, and concealed damage must be reported no later than seven working days after delivery, with an accurate description and clear photographs. If the customer fails to do so or reports late, it is presumed that the shipment was undamaged upon delivery.
A shipment not delivered within 20 days domestically or 30 days internationally after collection is considered lost. Claims of the customer or the recipient expire no later than one year after the occurrence of the damage.
§ 22 Applicable Law and Jurisdiction
Dutch law applies exclusively to all legal acts between the customer and Shipcloud.
The District Court of Limburg, location Roermond, has exclusive jurisdiction over any disputes, without prejudice to Shipcloud’s right to bring the dispute before another competent court, for example in the jurisdiction where the customer is established.
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