GENERAL TERMS AND CONDITIONS
SCOPE AND LEGAL BASIS
These general business and transport conditions (GTC) apply exclusively to all contracts and the entire business relationship between pakajo GmbH, Gilcherweg 17 D, 22851Norderstedt (hereinafter “pakajo”) and its contractual partners (hereinafter “customer”, together with pakajo “parties”) for the provision of domestic and cross-border transportation of letters, shipments of goods and packages, including additional and ancillary services (hereinafter “transport contract”)”), available via the websites https://www.pakajo.world/ or https://pakajo.ai ( hereinafter “websites”) are agreed.
These terms and conditions do not apply to other services provided by pakajo, such as fulfillment services. Pakajo does not recognize the customer's general terms and conditions, including items not mentioned in these terms and conditions, unless Pakajo has expressly agreed to their validity in writing. Insofar as these terms and conditions are silent on one point, only dispositive law applies. Ranking: Mandatory law, individual agreements, these terms and conditions, in addition to the terms and conditions of transport of the postal and parcel services used (carrier terms and conditions). These terms and conditions apply to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB, unless individual regulations are specified as exclusively for one of the two groups. Shipments from and intermediate locations within a country are subject to the mandatory applicable laws of that country.
SUBJECT OF THE CONTRACT AND SERVICES PROVIDED BY PAKAJO
Pakajo is exclusively the customer's contractual partner. In order to provide transport services with regard to the type, route and means of transport, Pakajo uses various postal companies and parcel services (carriers), which carry out the transport for Pakajo. The carrier terms and conditions are available on the websites and apply in addition to the transport contract. pakajo transports the object of transport to the destination and delivers it to the recipient at the address specified by the customer.
Pakajo must take all reasonable measures to deliver the transport item to the recipient within a reasonable period of time, but is only obliged to comply with a specific period of time and only if the customer has provided all necessary information and documents in good time and has made any payments in accordance with agreement. pakajo reserves the right to change the prices, services or discounts stated on the websites without prior notice. or to remove and add new prices, services or discounts. pakajo processes all complaints and inquiries from the customer and is the first point of contact with regard to transport contracts concluded via the websites. For all complaints and inquiries, the details identifying the respective transport contract must be specified; correspondence is usually sent via the e-mail account specified when the contract was concluded.
CONCLUSION OF CONTRACT, CONTRACTUAL RELATIONSHIP AND INFORMATION TO THE CUSTOMER
The offers available on the websites are non-binding and subject to change until the transport contract is concluded; they are aimed exclusively at natural and legal persons with unlimited legal capacity. The transport contract is generally concluded using the appropriate forms and processes on the websites, unless the parties agree on another type of contract conclusion. The customer makes a legally binding offer by entering the full details of his order in the appropriate order form and by clicking on the button “CREATE THE SHIPPING LABEL PDF”, “CREATE THE SHIPPING LABEL AS A GRAPHIC”, “WRITE YOUR SHIPMENT NUMBER ON THE PACKAGE” or “PRINT THE SHIPPING LABEL ON LABEL PRINTER”. The transport contract comes when the shipments are entered in the PAKAJO system; pakajo declares acceptance by creating the final shipping label, even if there is no written contract signed by the parties.
Shipments for which final labels have been produced must be delivered to the appropriate carrier within 7 working days. Any additional costs charged by Carrier Pakajo due to late delivery shall be borne by the customer.
These terms and conditions are considered accepted at the latest when the customer or the third party acting on behalf of the customer hands over the shipments to Pakajo or to a third party commissioned by Pakajo. The customer expressly requires and agrees that pakajo begins to perform the service even before the end of the withdrawal period that the customer may be entitled to; the customer is aware that even with full fulfilment of the contract by pakajo, the right of withdrawal to which he is entitled by law expires prematurely. The contract language is usually German; messages between Pakajo and the customer are usually exchanged by e-mail, but can also be carried out by agreement by telephone or via online meetings, e.g. Google Meet.
The contract is concluded subject to the proviso that the transport company selected by the customer provides its services to pakajo in good time and in accordance with the contract. If this is not the case and Pakajo is therefore temporarily or permanently prevented from providing the service, the customer will be reimbursed for any consideration already paid and the transport contract rescinded; there are no further claims, unless Pakajo is responsible for the failure to perform. If the transport company selected by the customer declares to pakajo that it is unable to provide the ordered services, pakajo is entitled, after obtaining instructions from the customer, to withdraw from the contract within 48 hours of the goods being delivered to the PAKAJO hub. The customer is obliged to pay in full for the services to be provided. By concluding the transport contract, the customer agrees to any route and any changes as well as stops; pakajo is not obliged to carry out interface checks. pakajo offers its services exclusively to entrepreneurs within the meaning of § 14 BGB. Participation in dispute resolution proceedings before a consumer arbitration board is therefore not envisaged.
Note on final shipping labels/returns:
The final shipping labels are intended exclusively for agreed, regular shipping to the recipient (outbound) and may not be used for returns (products not desired by the recipient and therefore returned). Improper use may result in criminal and additional charges on the part of the transport company used, which will be charged to Pakajo; pakajo will pass these on to the respective contractual partner. The information in the respective product descriptions must be observed.
CUSTOMER ACCOUNT
Upon request, the customer receives a username and password created by pakajo. The customer receives access to their personal customer account and has access to all offers created for them. Setting up, using, canceling or deleting the customer account is free of charge.
The customer declares and guarantees that all information provided is correct and complete and undertakes to make changes immediately.
The customer is responsible for his customer account and for any activities carried out by him. In addition, the customer agrees to keep user name and password confidential. The customer is obliged to inform Pakajo immediately if there is evidence that a customer account has been misused by third parties (not authorized to access). A customer account is not transferable. The resale of pakajo's services and benefits is expressly prohibited.
In justified cases, pakajo reserves the right to delete customer accounts and exclude customers from using or participating in the website or from using the services offered on this website.
An Internet connection is required to use the service; all costs are borne by the customer.
CUSTOMER'S RIGHT OF WITHDRAWAL
If the customer is a consumer within the meaning of Section 13BGB, he has a right of withdrawal in accordance with Section 312g (1) BGB. The customer can cancel his contract declaration in writing within 14 days without giving reasons. The period begins after receipt of this information in text form, but not before fulfilment of the information requirements in accordance with Section 312g (1) sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB. To exercise the right of withdrawal, the customer must inform pakajo (Pakajo GmbH, Gilcherweg 17 D, 22851Norderstedt, e-mail: service@pakajo.world) of the decision by e-mail; timely dispatch is sufficient to meet the deadline. The revocation must be sent to service@pakajo.world.
CONSEQUENCES OF WITHDRAWAL (CANCELLATION POLICY)
In the event of an effective revocation, services received by both parties must be returned and, if applicable, any benefits derived; if the customer cannot return the service received in whole or in part or only in a worsened condition, he must pay compensation in this respect. Obligations to refund payments must be fulfilled within 30 days, with the period beginning for the customer when the cancellation notice is sent and for pakajo upon receipt of it.
The right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at the express request of the customer before the customer has exercised his right of withdrawal. Pakajo uses the same means of payment for the repayment as for the original transaction, unless otherwise expressly agreed; the customer does not incur any fees for this. If the customer has requested that the services should begin during the cancellation period, he must pay Pakajo a reasonable amount equal to the proportion of the services already provided up to the time of notification of the exercise of the right of withdrawal compared to the total scope of the contractual services.
End of cancellation policy.
For entrepreneurs within the meaning of Section 14 BGB, the above right of withdrawal does not exist. The customer's right of withdrawal expires in accordance with Section 356 (4) BGB when Pakajo has started or completely provided the service. The customer is obliged to print out the terms and conditions including the cancellation policy for later access or to save them electronically.
TRANSPORT & LIABILITY
PROHIBITED GOODS AND EXCLUSIONS OF CONCERN
It is the sole responsibility of the customer to check the transport item to see whether it complies with Pakajo's terms and conditions of transport or the carrier's transport conditions. Further information on prohibited and restricted shipping items can be found on the relevant carrier websites. Pakajo is entitled but not obliged to check transport items for conformity. pakajo has the right at any time to reject an item of transport and to refuse to provide the service if there are important reasons, in particular if the transport item does not comply with Pakajo's terms and conditions of transport and is therefore excluded from transportation, for example in the event of missing or inadequate packaging, when dimensions and weights are exceeded, or for other reasons of exclusion.
Pakajo may transfer the right to refuse to carriers; the takeover by a driver does not represent recognition of compliance with the terms and conditions. If the customer has already paid his consideration before the start of the performance of the service, this will be refunded. If Pakajo or the carrier discover upon collection that the transport item does not comply with Pakajo's terms and conditions of transport, a fee may apply; the terms and conditions of pakajo or the carrier's transport conditions are decisive. If a transport item is one of the goods excluded from transportation, it cannot be picked up, delivered late, returned or confiscated by customs or other authorities; in such cases, the reimbursement of transport costs and the receipt of complaints by Pakajo are excluded, a return of the transport item is not owed and any transport insurance that may have been taken out does not apply. The customer bears the risk of loss or damage and reimburses all additional costs and surcharges for return transport after invoicing.
Dangerous goods, substances/objects excluded from transport and only permitted to a limited extent (national, DHL/ADR)
1. Legal basis and scope:
Where relevant, the GGBefG, GGVSEB and ADR apply to national shipments. In addition, the DHL regulations “Dangerous substances and objects — Part 2: DHL parcel and letter-like shipments nationally” apply. The following names/classifications comply with ADR; transitional provisions in accordance with 1.6.1.29, 1.6.1.46 and 1.6.2.11 ADR and specific rules of other carriers apply.
2. In particular, the following are excluded from transportation:
— Substances/articles that are not permitted under 2.2 ADR or are listed with “TRANSPORTATION PROHIBITED” in Table A (3.2 ADR);
— Class 1 explosives/objects (including UN 0012/0014/0055 ammunition, sparkles/fireworks UN 0333-0337) and pyrotechnic safety devices (airbags) UN 0503;
— Class 2 gases, including gas lighters and refill cartridges UN 1057; deep-frozen liquefied gases (classification code 3A) for cooling/conditioning purposes;
— Class 6.2 infectious substances Cat. A/B UN 2814/2900/3373; medical/clinical waste UN 3291; infected live animals (with the exemptions referred to in 2.2.62.1.5.1—1.5.9 ADR);
— UN 3334/3335 “Transport of regulated substances by air” (e.g. durian);
— Class 7 radioactive substances (e.g. ionizing smoke detectors UN 2910/2911);
— class 8 corrosive substances, such as non-leak-proof batteries UN 2794/2795;
— Class 9 including solid carbon dioxide (dry ice) UN 1845 for cooling/conditioning purposes; devices using wet/sodium batteries;
— substances with entry “0” in column 7a of Table A (3.2 ADR); exceptions only for UN 1070, 2857, 2990, 3072, 3090, 3091, 3245, 3316, 3358, 3480, 3481, 3499,3508, 3528, 3529 and 3530 under the conditions set out in each case;
— Substances for which special provisions in accordance with 3.3 ADR impose further conditions in addition to quantities/concentrations (in particular SV 168 p.1, 201, 225, 226, 235, 271.280, 283, 289, 307, 319, 327, 363 b) Bem. 2, 364, 373, 375, 377, 379, 382S. 2/3, 392, 565, 593, 598, 636, 645, 650, 658, 663, 667 b (ii) +c, 670, 672).
3. Only permitted in very exceptional cases (standard pakajo products do not cover the transport of dangerous goods):
— Limited quantities (LQ) in accordance with 3.4 ADR;
— Exempted quantities (small quantities) in accordance with 3.5.1.4 ADR;
— Exemptions under 1.1.3.2 f) and g) and 1.1.3.10 b) and d) ADR; exemptions in accordance with 1.1.3.4.1 ADR in conjunction with special provisions 3.3 ADR (unless excluded by paragraph 2);
— promotions in accordance with 5.5.4.1 ADR;
— Gases in accordance with SV 653 ADR (observe special labeling/separation).
4. Packaging and shipping — minimum requirements:
— Sturdy outer/outer packaging in accordance with 4.1.1 ADR; type-tested packaging in accordance with 6.1/6.2 ADR is considered sufficient when packing instructions are observed;
— For LQ (3.4 ADR): composite packaging in accordance with 6.1.4.21 ADR, water resistance in accordance with 6.1.4.12.1 ADR; gross weight per package max. 30 kg (for UN 1331 matches, can be ignited anywhere: 27 kg);
— Not allowed as outer packaging: trays in stretch/shrink film, envelopes/envelopes, bubble and foil mailing bags (permitted as inner/intermediate packaging);
— Liquid substances: check screw caps for tightness before shipping and, if necessary, tighten them with manufacturer torque; replace spray heads or cushion them adequately; additionally secure the hinged lid; install spreader/staples flush; keep resealable closures functional; latch/lock/fix flaps;
— Internal packaging susceptible to breakage (glass/porcelain/stoneware/suitable plastics) only in suitable intermediate packaging in accordance with 4.1.1.1/1.2/1.4—1.8; 6.1.4 ADR;
— empty packaging with hazardous residues is considered dangerous goods (4.1.1.11 ADR) unless cleaned/neutralized;
— Pack up only within the permitted limits (no gases in accordance with SV 653 with other dangerous goods).
5. Special packing instructions/examples (not exhaustive):
— Gases UN 1006/1013/1046/1066 (SV 653): do not pack with other dangerous goods;
— UN 1044 fire extinguisher: protection against accidental release (e.g. seal/splint/cable tie) + padding on the trigger; “FIRE EXTINGUISHER” label (letter height ≥ 12 mm);
— UN 1950 compressed gas packs: protection against accidental emptying; effective separating materials on both sides;
— UN 1372/1387/1856/1857 and animal substances (excluding animal feed): triple packaging (primary: PE bag ≥ 100 μm, tight; secondary: PE bag ≥ 100 μm, tight, for liquids with absorbent material; outside: sturdy box, e.g. double-wall corrugated board);
— Exempted patient samples/uncleaned medical instruments/devices: only packaging in accordance with 2.2.62.1.5.8/1.5.9 ADR; outer packaging in the shape of a box;
— Class 8, VPG II liquid substances in glass/porcelain/stoneware: always in rigid, compatible intermediate packaging;
— Magnetic substances UN 2807: pack in such a way that there is no adhesion to metallic surfaces in distribution systems and does not affect other contents; shielding, if necessary, larger packaging;
— GMMO/GMO UN 3245: packaging in accordance with P 904 ADR.
6. Labeling (excerpt):
— LQ mark in accordance with 3.4.7 ADR (rhombus, min. 100 × 100 mm; for small packages 50 × 50 mm; line width 2 mm or 1 mm); outer packaging in accordance with 3.4.11 ADR;
— Lithium batteries UN 3090/3091/3480/3481: Identification according to 5.2.1.9 ADR (SV188); exception: only built-in button cells or max. 4 cells or 2 batteries in equipment per package and a maximum of two packages per shipment;
— gases in accordance with SV 653: UN number with “UN” in rhombus (min. 100 × 100 mm, character height ≥ 6 mm);
— GMMO/GMO (UN 3245): “UN 3245” in rhombus (min. 50 × 50 mm, character height ≥ 6 mm);
— Nickel metal hydride batteries UN 3496 (islands only accessible by sea): “NICKEL METAL HYDRIDE BATTERIES” label;
— Alignment arrows in accordance with 5.2.1.10 ADR (including UN1044/2857/3166/3358/3363/3528/3529/3530).
7. Legal consequences of violations:
If classification, packaging, labeling or other postal/carrier requirements are not complied with, the sender/customer bears the liability consequences; pakajo is entitled to refuse. Any additional charges, repatriation/disposal and authorities/customs costs will be recalculated to the customer.
Note: The above regulations apply to national DHL mail/parcel products. International mail/air shipments and other carriers are regularly subject to stricter exclusions; the carrier terms and conditions and legal regulations are always decisive.
CUSTOMER'S OBLIGATION TO COOPERATE
After conclusion of the contract, the customer must ensure packaging in accordance with the selected transport and provide the goods ready for dispatch or return them properly packaged to the parcel shop. The packaging must take into account the means of transport, and typical transport demands; transport-sensitive content must be particularly protected. Fragile contents require careful padding, in which the distance between product and packaging is usually at least 50 millimeters; multiple packages should contain dividing elements.
Complaints will not be accepted if damage is due to inadequate packaging. The object of transport must be clearly and permanently marked with all necessary signs, including those resulting from these terms and conditions of transport of the carriers; for international shipments, a valid telephone number with country code must be provided. If the number, weight or dimensions when packaged differ from the contractual information and if transport is still possible, Pakajo is entitled to charge any costs incurred or additional costs; the customer accepts that Pakajo may automatically charge further cost surcharges via the payment method used when paying for the shipping service. The delivered shipment must correspond to the ordered shipment; the acceptance of a different shipment does not constitute compliance with the contract. The customer will reimburse any necessary repacking using transport equipment.
The customer is liable for damage that his shipment causes to other shipments, people, equipment or means of transport if these are due to inadequate or improper packaging. Goods that are not completely cartoned or improperly packaged are excluded; they can be rejected, transported delayed, returned or withheld until collection. Postage fees are not refundable; any expenses incurred are borne by the customer. If the customer does not provide all required data, pakajo or the carrier may refuse collection and/or delivery, and the customer bears any costs incurred. The object of transport must comply with all legal provisions and regulations for shipping goods by land, water and air. The customer is responsible for providing information and ensuring compliance. Any administrative penalties or costs resulting from this will be imposed on the customer. The customer is liable to Pakajo and the carriers for all damages and defects resulting from non-performance. The costs borne by the customer include in particular transport charges, freight surcharges including emergency, operating and fuel surcharges, storage costs, sales tax, other taxes, interest, fines, administrative and processing costs, customs duties, insurance premiums and other costs associated with transportation or official measures.
A package is considered to be a box. If there are several boxes on a pallet without booked pallet delivery or if several boxes are connected together, the driver and Pakajo may separate them. No liability is assumed for this.
If the customer incorrectly states the value of the package contents, pakajo does not assume any resulting costs or damage; if the value of the goods differs in the customs declaration and commercial invoice, the lower value will be used in the event of a claim for reimbursement. If shipment values exceed certain thresholds, delivery delays may occur, particularly in the case of international transport, due to prolonged customs clearance.
In the event of externally visible loss or externally visible damage, the customer or the recipient must immediately report the damage in text form (e-mail is sufficient) upon delivery; otherwise, it is assumed that the goods were delivered complete and undamaged. In the case of loss or damage that is not externally apparent, this presumption applies unless reported in text form within seven days of delivery. The recipient must keep the packaging in case of damage and take photos of him as proof. The customer acknowledges that pakajo is not liable for damage or expenses arising from a breach of obligations to cooperate
Additional obligations related to dangerous goods:
If shipping is exceptionally permitted in accordance with the exemptions described above (e.g. LQ 3.4 ADR or small quantities 3.5.1.4 ADR), the customer must comply with all relevant ADR packing and labeling regulations as well as the product-specific requirements of the respective carrier used (including LQ mark, lithium license according to 5.2.1.9 ADR, orientation arrows, permitted gross mass, design-approved packaging, etc.). Unapproved outer packaging (e.g. trays in shrink/stretch film, pure foil/bubble bags) is prohibited. In the case of liquid substances, seals must be checked for tightness and — if specified — tightened with manufacturer torque; spray heads must be secured or padded. Empty, uncleaned packaging is considered dangerous goods unless treated in a way that excludes any risk.
REMUNERATION AND TRANSPORT COSTS
The customer is obliged to pay the contractually agreed fee for each service. Unless otherwise stated, fees stated on the websites are net prices plus statutory sales tax. In addition to the agreed fee, the customer reimburses Pakajo for all expenses within the meaning of Section 420 (1) of the German Commercial Code, which pakajo or carrier were allowed to pay in the interest of the customer on the occasion of transportation and considered necessary under the circumstances, in particular return costs, duties, storage fees, island surcharges, surcharges for oversized formats and excess weights as well as freight surcharges.
In this respect, the customer shall indemnify Pakajo from third-party claims upon first request and reimburse costs arising from storage, return, redelivery or other special treatment of the transport item. If the recipient refuses to accept or assume outstanding costs, the customer remains obliged to pay.
Payment is made using the means of payment available at the time of conclusion of the contract; pakajo may restrict the selection depending on the object of transport, shipping region or other factual criteria. Unless otherwise agreed, invoice amounts are payable without deduction immediately upon receipt of the invoice. The customer is in default if he does not pay within seven days of receipt of the invoice or an equivalent payment statement. Pakajo charges default interest of five percentage points from consumers and eight percentage points above the base interest rate in accordance with Section 247 BGB from entrepreneurs. If you participate in the direct debit procedure and return a direct debit for reasons for which the customer is responsible, an additional expense allowance of 15.00 EUR per direct debit will be charged.
CARRYING OUT TRANSPORT AND DISRUPTIONS
The customer instructs the recipient to check the transported item for completeness and obvious, in particular externally visible damage upon delivery and to note such damage in the receipt upon delivery.
If the customer is not found within the agreed collection period or if the shipment is legitimately rejected for reasons for which the customer is responsible, pakajo may charge fees. Delivery dates are only considered agreed if the customer has booked a tariff with a time option and all requirements have been met. Unless otherwise agreed or provided for in the relevant carrier terms and conditions, delivery is made by handing over to the recipient. If this is not found, it can be delivered to third parties if, after proper examination, it can be assumed that they are entitled to accept or that the acceptance is in the interest or presumed will of the recipient. If delivery is not possible, the customer will be informed and the shipment will be returned in accordance with instructions, delivered again or kept ready for collection.
The customer bears the costs for return transport or re-delivery. Pakajo may make use of third parties for storage and, in the event of perishable goods, justified condition or gross disproportionate costs to value, is entitled to sell in accordance with Sections 373 paragraphs 2 to 4 HGB. Unusable items may be destroyed; expenses will be reimbursed by the customer.
If neither delivery nor returns are possible, the shipment will be stored for between eight and ninety days. After the deadline, the return is subject to a fee.
It is the customer's responsibility to monitor shipment tracking and to contact Pakajo in case of storage or discrepancies. Storage times may vary from country to country. The delivery times stated on the websites are purely indicative; working days are Monday to Friday. Holidays, Saturdays and Sundays are not included. Deliveries are only made to complete and correct postal addresses; in case of incomplete or incorrect addresses, pakajo assumes no liability for delays or returns, shipping costs are not refunded; return transport charges are calculated according to the freight rates determined on the websites. There are P.O. Box addresses in some countries (e.g. Saudi Arabia); the customer must make sure in advance whether delivery is possible; countries without a postal code system must be requested separately.
INTERNATIONAL TRANSPORTATION
The customer arranges and pays for collection, transportation and one-time delivery via the websites. Customs, taxes and other import duties are outside the responsibility of pakajo. The customer or recipient independently informs themselves about taxes due in the destination country. Duties and costs not paid by the recipient will be charged to the customer; if the recipient refuses to pay, the customer bears all costs, including any costs for destruction.
In the case of cross-border transport, the customer is responsible for required export permits; corresponding documents must be visibly attached to the object of transport, and Pakajo or the carriers must be informed of approval requirements before the start of transport, insofar as they are relevant to the fulfilment of the contract. Pakajo is entitled, but is not obliged, on the basis of obvious facts or information provided by the customer, to support customs-related formalities on behalf of the customer, in particular to complete bills of lading, to supplement relevant shipping information, to pay necessary taxes and duties, to act as a freight forwarder when exporting for customs purposes or to act as recipient when importing exclusively for the purpose of designating a customs processor and divert the shipment on the instructions of a third party who appears to be authorized.
The goods must comply with all conditions set out in permits and applicable customs regulations. The customer is liable for the accuracy, completeness and timeliness of the information provided to customs authorities and for the authenticity and validity of the attached supporting documents. If a shipment has to be returned from abroad, there is regularly an import fee corresponding to the shipment, which may exceed the original export costs; this is borne by the customer.
Customs processing is not included in the specified shipping time.
Special notice: US Customs and Import Duties (CBP). Information provided by pakajo on duties, tariffs, duties and fees for imports into the United States is provided for non-binding guidance only and does not replace an individual customs or tax review. The mandatory classification, evaluation and determination of duties and other charges is the sole responsibility of the U.S. Customs and Border Protection (CBP).
Deviations from instructions or calculations are possible at any time, in particular in the case of duties with a combined unit and weight scale (e.g. piece/kg valuation). pakajo does not provide legal or tax advice. Liability for the completeness, accuracy and timeliness of the information is excluded to the extent permitted by law. Claims due to intent and gross negligence as well as those arising from mandatory law remain unaffected. The customer is obliged to provide complete and accurate customs information (in particular description of goods, HS code, origin, quantity, weight and value) and to bear all duties incurred in the importing country.
Penalties and liability for incorrect customs information (USA): Inaccurate, incomplete, or misleading customs information can result in significant civil and criminal penalties under US law. According to 19 U.S.C. § 1592, civil fines may be imposed, depending on the degree of fault, of up to a lower amount of (i) the domestic value of the goods or (ii) two (in case of negligence) or four times (in case of gross negligence) of the duties owed by law; in the event of intentional deception (fraud), fines of up to the amount of the domestic value of the goods are possible.
Penalties and liability for incorrect customs information (USA): Inaccurate, incomplete, or misleading customs information can result in significant civil and criminal penalties under US law. According to 19 U.S.C. § 1592, civil fines may be imposed, depending on the degree of fault, of up to a lower amount of (i) the domestic value of the goods or (ii) two (in case of negligence) or four times (in case of gross negligence) of the duties owed by law; in the event of intentional deception (fraud), fines of up to the amount of the domestic value of the goods are possible.
The law does not provide for a fixed minimum amount; in administrative practice, initial claims from CBP for corresponding violations often start at around 5,000 USD, but may be lower or significantly higher, depending on the individual case. In addition, there is a risk of withdrawal/seizure and forfeiture of the goods, assertion of liquidated damages arising from customs guarantees, default interest, processing fees and criminal penalties (e.g. under 18 U.S.C. Sections 542, 545), including severe fines and, if applicable, imprisonment. All costs, duties, penalties and damages resulting from incorrect or incomplete customs information are borne exclusively by the shipper/exporter (PAKAJO customer). In particular, this includes returns/returns, new customs/post-assessment, additional duties/taxes, storage fees, inspection, handling and other administrative fees as well as interest. pakajo assumes no liability for this. This information is provided as a non-binding guide and does not replace individual legal advice. We reserve the right to deviate and change the legal situation.
LIABILITY
Pakajo is liable for damage caused intentionally or grossly negligently by pakajo, legal representatives or vicarious agents, in accordance with statutory provisions. Pakajo is liable for personal injuries regardless of fault to the extent permitted by law. If the transport item does not comply with Pakajo's terms and conditions or the transport conditions of the carrier selected by the customer, Pakajo's liability for damage, seizure or loss is excluded, even if Pakajo carries out the transport despite existing rejection rights.
Liability is also excluded if and insofar as the damage is due to an unavoidable event such as a strike, war, embargo or government action or is solely damage to the packaging. In addition, Pakajo is liable for loss and damage to transport items that comply with Pakajo's terms and conditions of transport and the transport conditions of the selected carrier, as well as for culpably not fulfilling other obligations in accordance with the contract to the extent of direct damage typical of the contract and only within the limits of legal liability. Compensation for further damages, in particular loss of profit and interest, is excluded, unless mandatory law precludes this. Insofar as compliance with a delivery period or a delivery date is owed under the individual transport contract, liability is limited to three times the freight, unless the carrier used is less liable; in this case, Pakajo is correspondingly less liable. Exclusion periods and legal liability regimes remain unaffected. The claim due to delay expires if the person entitled does not report the damage in writing within 21 days of delivery.
The above limitations and exclusions of liability do not apply insofar as the damage is due to an act or omission committed by Pakajo or the selected carrier intentionally or recklessly and in the knowledge that damage is likely to occur.
Irrespective of this, liability in international air traffic is finally limited by Article 22 of the Montreal Convention; Article 25 of the Montreal Convention is excluded. The cases of claim sharing and special liability exclusion as well as Sections 430, 432 HGB specified in Sections 425 (2) and 427 HGB remain unaffected. The same applies to all other statutory and mandatory liability limitations or exclusions of liability. The customer's liability, in particular in accordance with § 414 HGB, remains unaffected. In particular, the customer is liable for damage resulting from the transport of prohibited goods or from the breach of his obligations in accordance with these terms and conditions of transport of the carriers and releases Pakajo from corresponding third-party claims upon first request.
In addition to Section 439 HGB, all claims within the scope of these terms and conditions expire in one year; the limitation period begins at the end of the day on which the shipment was delivered or should have been delivered. The sender can neither assign nor pledge claims against pakajo, with the exception of monetary claims. Pakajo is entitled to collect, store and process the data required for the provision of services and to provide information to courts. The above provisions only apply unless otherwise required by law.
INSURANCE COVERAGE FOR TRANSPORTED GOODS
Pakajo's liability is generally limited in amount. At the customer's request, transport insurance can be taken out for some transport services at a premium. Uninsurable risks arise from insurance conditions and include in particular
- risks of war, civil war or war-like events,
. the hostile use of war tools and their mere existence,
- strikes, lockouts, industrial unrest, acts of terrorist or political violence,
- riots and other civil unrest,
- sovereign interventions such as confiscation or withdrawal,
- the use of chemical, biological or biochemical substances or electromagnetic waves as weapons with public hazards,
- nuclear energy or other ionizing radiation
- and risks arising from insolvency or late payment by shipowners, charterers or operators, unless the policyholder or insured person proves that they have selected them with the care of an ordinary businessman or, as a buyer, had no influence on the selection under the terms of the purchase contract.
Uninsurable goods include in particular
- jewelery,
-documents,
- narcotics as defined in the Narcotics Act,
- genuine pearls, precious metals, precious stones and objects made from them,
- cash,
- jewels,
- check and credit cards,
- valid telephone cards,
- Certificates and securities of all types.
In particular, damage due to travel delays, internal spoilage or natural condition of the goods, normal differences in quantity, dimensions and weight, normal humidity or normal temperature fluctuations, inadequate packaging or improper loading, and damage caused intentionally by the customer are not covered by insurance coverage.
If the values of goods differ in the customs declaration and commercial invoice, the lower value is used in the event of a damaged or missing shipment, provided that there is a claim for refund. pakajo is entitled to transfer the information and data required to process the claim to the insurer.
INSURANCE CLAIM
In the event of an insured event, we deduct 50% of the payment amount from an outstanding sales invoice, unless the customer provides proof of the purchase price of the shipped goods (purchase invoice or comparable proof). This serves to take appropriate account of the actual value of the goods and ensures that the insurance benefit does not exceed the full selling price. The customer will be informed immediately of the deduction amount and can request a rectification within 14 days by submitting proof of purchase.