General terms and conditions
§ 1. General
1.1
General Terms and Conditions of Euro-Max Transporte A&J GmbH for the use of the Shipping and Digital Escrow Services. These terms and conditions apply to all orders and purchases of goods from Euro-Max Transporte A&J GmbH (hereinafter referred to as Euro-Max Transporte A&J GmbH) that are made by consumers or entrepreneurs (jointly customers) with Euro-Max Transporte A&J GmbH. For customers, Euro-Max Transporte A&J GmbH offers the implementation of all services in connection with the registration of motor vehicles. The generic term approval here also includes the services of registration, re-registration, deregistration, deployment, reissuing of vehicle documents, administration and dispatch of vehicle documents, stamping of license plates and also short-term approval. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. When contracts are concluded by telephone, the consumer will be informed of the validity of these GTC; In business dealings with entrepreneurs, these terms and conditions will be included for the ongoing business relationship when the first order is placed. Conflicting or deviating provisions from these General Terms and Conditions will not be recognized unless they have been expressly agreed in writing beforehand. If the customer currently or in the future uses services offered by Euro-Max Transporte A&J GmbH (e.g. short-term license plates, approval services or transfers), in addition to these general terms and conditions, the guidelines and business and / or conditions of use that apply to the respective service apply. The more specific conditions take precedence over these general terms and conditions in the event that they contradict these general terms and conditions.
1.2
From an order for more than three services (e.g. short-term approvals, approvals or transfers) per month, there is evidence of the first appearance that the agent acted as an entrepreneur.
1.3
This contract defines the legal relationship Euro-Max Transporte A&J GmbH (hereinafter referred to as ‘provider’) and the users who use the the Shipping and Digital Escrow Services.
1.4
The Euro-Max Transporte A&J GmbH shall provide a web-based and app-based user interface (hereinafter referred to as ‘Euro-Max Transporte A&J GmbH’) for escrow-based payment processing that can be used to initiate, track, adjust and complete payment transactions. As a technical service provider, the provider assumes the design, construction and maintenance of the (technical) infrastructure required for escrow-based payment processing. The provider is not a payment service provider within the meaning of the German Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG).
§ 2 Registration
2.1
The use of Euro-Max Transporte A&J GmbH requires a free registration.
2.2
Registration is open to any natural person who is at least eighteen (18) years of age and has legal capacity, and to any legal entity.
2.3
Furthermore, the user has to accept the general terms and conditions (TOS) and the data protection regulations of the provider.
For natural persons
Copy of a valid official identity card
For persons from the European Union, a copy of the identity card (front and back) or passport.
For legal entities
For legal representatives and, if applicable, the beneficiary or beneficiaries from the European Union, copy of the identity card (front and back) or passport, for third countries, copy of the passport.
A certificate of registration or equivalent document not more than three months old which justifies entry in the commercial register of a Member State of the European Union or of a State of the European Economic Area or of a third country imposing equivalent obligations in relation to the prevention of money laundering and terrorist financing. This document must confirm the name of the company, its legal form, the address of its registered office and the identity of its members and directors.
2.4
The user must inform the provider immediately of any changes that affect the data provided during registration.
§ 3 Contract Processing
3.1
Euro-Max Transporte A&J GmbH provides all services to the customer himself and / or through third parties. The selection of such third parties, in particular the selection of the driver, is at Euro-Max Transporte A&J GmbH’s discretion.
3.2
When placing the order, the customer has to present or transmit to Euro-Max Transporte A&J GmbH all documents required for the desired service in the required form. The customer is obliged to fill out all requested information conscientiously, correctly and truthfully.
3.3
The commissioning of Euro-Max Transporte A&J GmbH to perform a service basically includes the authorization of Euro-Max Transporte A&J GmbH to conclude all contracts necessary for the execution of the order in the name and on behalf of the customer, as well as to make the necessary declarations, unless otherwise agreed between the parties and insofar as Euro-Max Transporte A&J GmbH does not exceptionally act in his own name. This also includes the conclusion of a necessary motor vehicle insurance, the embossing of license plates and the forwarding of the required declaration / documents to the vehicle registration office.
§ 4 Payment processing with Euro-Max Transporte A&J GmbH
4.1
If the business partner who is obliged to pay joins a escrow payment, he will be requested to deposit the agreed amount of money plus any Euro-Max Transporte A&J GmbH fee and/or commission from a third party provider on the escrow account.
4.2
If the payee joins the escrow payment, the payer will only be requested after the business partner has joined to deposit the agreed amount of money, plus any Euro-Max Transporte A&J GmbH fee and/or commission from a third party provider
4.3
If an business partner has joined the escrow payment, the escrow payment can only be cancelled unilaterally as long as no money has been received on the escrow account. After a receipt of money on the escrow account, the handling of the payment can only be aborted and reversed with the agreement of both parties.
4.4
Incoming and outgoing bank transfers are currently only processed in Euro.
4.5
The client or buyer can issue a SEPA basic mandate / SEPA company mandate to Euro-Max Transporte A&J GmbH in order to pay the agreed price.
4.6
The price for the service to be performed results from the prices made known to the customer when the order is placed or from a separate price agreement concluded when the order is placed.
4.7
The currently applicable VAT is included in the prices shown. The invoicing takes place with indication of the respectively applicable statutory value added tax.
§ 5 Usage restrictions
5.1
Until the verification of a user’s identity has been completed, no funds can be paid out to the bank account deposited by the user. The verification of the data and documents can take up to 48 hours.
5.2
Once the verification is complete, the user will be notified by email from the provider.
5.3
If abuse, fraud or money laundering is suspected, Euro-Max Transporte A&J GmbH may restrict individual functions (e.g. payment of funds) from the user accounts concerned until clarification has been given, or temporarily block them completely in serious cases of suspicion.
§ 6 Handover of the goods
6.1
The sender must hand over the goods to the carrier in a condition that is fit for transport in accordance with Section 411 of the German Commercial Code (HGB). The necessary and properly completed accompanying documents (§§ 410, 413 HGB) must also be handed over.
6.2
If the carrier carries out the transport despite the fact that the prerequisites of Paragraph 6.1 are not met, after he has informed the sender of the defects, the sender is obliged to compensate for all damage that the carrier has suffered as a result of these defects. In such a case, the carrier will enter a corresponding reservation on the consignment note or other accompanying document.
A check of the external condition of the freight items as well as their symbols and numbers is carried out by the carrier, provided this is possible and reasonable for him.
6.3
The carrier is obliged to check the number, quantity or weight of the goods to be transported, this has been agreed in return for a reimbursement of expenses to be determined separately in advance. The carrier is also obliged to check the load security of the goods to be transported.
6.4
If the carrier requests a written confirmation of this information in accordance with Paragraph 6.3, but does not have to carry out a check, the carrier will confirm it with reservation.
6.5
If the freight forwarder accepts goods that are externally visibly damaged, he can request that the sender specifically certify the condition of the goods in the consignment note or in another accompanying document.
§ 7 Waybill / Accompanying Document
7.1
The contract of carriage is recorded in a bill of lading that is signed. The consignment note should contain the information in Section 408 of the German Commercial Code (HGB) and may also contain other regulations. If the issue of a waybill is not indicated for reasons of transport processing, another accompanying document (such as a delivery note, transport card, etc.) can be used.
7.2
If the carrier fills out the consignment note at the request of the sender, the sender is liable for all damage resulting from incorrect or incomplete information provided by the sender.
7.3
An electronic consignment note is also deemed to be a consignment note in accordance with Paragraph 7.1, provided it is signed in accordance with a recognized procedure.
§ 8 Waybill / Carrier’s rights in the event of non-compliance
8.1
If the carrier is unable to make the vehicle available at the agreed time or not in good time, he shall notify the sender immediately. The sender then immediately informs the carrier whether he agrees to a later presentation or whether he wants to terminate the freight contract.
8.2
If unloading has not started, although the unloading time has already expired, the carrier can regard this as a refusal to accept the goods.
In this case, he must obtain and follow the sender’s instructions. Section 419 (3) and (4) of the German Commercial Code (HGB) apply accordingly.
§ 9 Receipt
9.1
After the goods have arrived at the delivery point, the recipient is entitled to demand that the carrier deliver the goods in return for a written acknowledgment of receipt (receipt) and the fulfillment of other obligations under the freight contract. The receipt must be signed and stamped by the recipient; alternatively, in addition to the signature, the company and the first and last name of the recipient must be given in block letters.
§ 10 Runtime / Termination
10.1
The user contract runs indefinitely and can be terminated by either party at any time without notice by e-mail or in writing.
10.2
Even after termination of this user contract, its provisions shall continue to apply insofar as they regulate the legal relationship between provider and user in connection with an escrow payment not yet completely settled at the time of termination.
10.3
The right to terminate for good cause remains unaffected by the foregoing rules.
§ 11 Final provisions
11.1
The law of the Federal Republic of Germany applies to all legal relationships between provider and user to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2
Place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the registered office of the provider.
11.3
If a clause of these conditions should be ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is ineffective only in one part, then the other part retains its validity. The parties are obliged to replace an ineffective clause with an effective replacement clause that comes as close as possible to the economic purpose of the ineffective contractual condition.
11.4
Amendments to the present contract are only effective in individual cases if they have been agreed in writing or in text form (e.g. by e-mail).
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