Terms & Conditions

1. These general terms and conditions apply to all contracts between "shippurch.com" and its clients. Conflicting or deviating terms and conditions of business, contract and/or purchase shall not be recognised unless their validity is agreed in writing.

2. Insofar as individual contractual agreements have also been made between the contracting parties, these shall take precedence over the provisions of these General Terms and Conditions. These General Terms and Conditions shall then only apply as a supplement if and insofar as nothing or nothing to the contrary is regulated in the individual contract.

1. The Parties agree that shippurch.com shall be liable only for the provision of services but not for the production of a work or the achievement of a particular success. The contracting parties further agree that nothing shall change in the exclusively service contractual character of "shippurch.com"'s obligation to perform even if "shippurch.com" undertakes to record the results of its services in writing and to prepare and hand over corresponding reports, studies and the like. Such written reports, studies and the like do not represent - unless expressly agreed otherwise - in particular expert opinions, but only reflect the essential content of the process and the result of the services.

2. "shippurch.com" is entitled to use competent third parties as subcontractors for the execution of the order. The contracting parties further agree that "shippurch.com" does not owe or perform any legal, tax or auditing activities. Insofar as "shippurch.com" provides for the performance of such activities through the involvement of appropriate professionals, it shall only act as an intermediary without itself becoming a debtor/contractual partner of such activities.

3. The contracting parties agree that "shippurch.com" is not obliged to check the information, data or documents provided to it in writing or verbally for their factual or arithmetical correctness, completeness or regularity. However, if "shippurch.com" recognizes that the information, data or documents provided to it in writing or verbally are obviously incorrect, incomplete or incorrect, it will point this out.

4. The client is entitled to the removal of any defects. This claim must be asserted immediately. "shippurch.com" shall be given the opportunity to remedy the defect.

"shippurch.com" shall no longer be obliged to keep the documents provided by the Client to it for the purpose of rendering the services owed if three years have elapsed since the date of termination of the contractual relationship or if six months have elapsed since a written request to the Client to collect the documents.

The client is obliged to support "shippurch.com" to the best of his ability, namely to provide all information and documents necessary for the execution of the order and to create all conditions necessary for the proper execution of the order in his company sphere.

The client is also obliged to name one or more persons to "shippurch.com" who are authorised to make all declarations necessary for the provision of the service owed on behalf of the client.

1. The client agrees that the exchange of data and information in cooperation with the client and with all project participants may also take place via unencrypted e-mails. If the client wishes that data is not sent via unencrypted e-mails and e-mail attachments, he will inform the contractor of this in writing - either in individual cases or in general. In this case, e-mail attachments will then be sent in encrypted form, which the client can only open with a password. Both for the data transmission from the client to the contractor and vice versa, if encryption is desired, encryption and decryption methods are to be used which are applicable with standard software (in particular MS Office, Apple Mail) without additional installations.

2. "shippurch.com" shall be entitled to collect, automatically process and store personal data entrusted to it by the client and its employees within the scope of its activities and - within the scope of the assignment - to use the data for the purpose of processing the data.

3. The client is aware that the content of unencrypted emails and their attachments may be read by unauthorized third parties. Nevertheless, the client agrees to communication and transmission of documents by unencrypted e-mail. If the client wishes to use a different communication technique, he will inform "shippurch.com" accordingly.

1. Shippurch.com" is exclusively entitled to all copyrights or rights from supplementary competition law performance protection to all documents created by "shippurch.com" for the purpose of providing the services owed.

2. The use, duplication and publication of such documents created by "shippurch.com" for the purpose of providing the services owed is only permitted for the client's own operation for the contractually stipulated purposes.

3. The passing on of the work results of "shippurch.com" to third parties requires the written consent of "shippurch.com", unless the agreement to the passing on is already apparent from the order content.

shippurch.com" is entitled to a right of retention on the documents handed over to it by the client for the purpose of rendering the services owed until the complete fulfilment of its claims from the contractual relationship. This right of retention does not exist if and to the extent that this would result in a disproportionate disadvantage for "shippurch.com", even taking into account the interest in performance.

1. Unless otherwise agreed, the customary remuneration and the reimbursement of expenses in the customary amount shall be deemed agreed.

2. "shippurch.com" is entitled to invoice for the work performed every 14 days after the commencement of the contractual relationship. The fee is due immediately upon invoicing.

3. In addition to the fee claim pursuant to paragraph 1, "shippurch.com" is also entitled to reimbursement of all expenses and disbursements incurred in rendering the services owed.

4. The client may only offset the fee claim and the claim for reimbursement of expenses against undisputed or legally established claims.

5. Value-added tax is charged at the statutory rate in each case.

6. Several clients of the same order are liable for the remuneration as joint debtors.

7. With payment of invoices issued by "shippurch.com", if paid by the client or third parties commissioned by the client, the claims asserted with the respective invoice shall be deemed accepted. Claims for reimbursement are excluded.

8. Objections to invoices from "shippurch.com" must be raised within four weeks of receipt. Any claims arising after four weeks shall be forfeited.

9. If the order ends before its complete execution, "shippurch.com" shall receive a portion of the remuneration corresponding to the scope of its activities performed up to the end of the order. If the order is terminated prematurely for reasons for which the client is responsible, "shippurch.com" shall additionally be entitled to 90% of the remuneration due to it for this period for the period from the termination of the order to the expiry of the agreed ordinary period of notice. The contracting parties have the possibility to prove a lower or higher damage.

shippurch.com" undertakes to maintain secrecy about all facts which come to its knowledge in connection with the execution of the order, unless the client releases it from this obligation.

The obligation to secrecy does not apply if the disclosure is necessary to protect the legitimate interests of "shippurch.com". shippurch.com" shall also be released from its obligation to maintain secrecy to the extent that it is obliged to provide information and cooperate in accordance with the terms and conditions of its professional liability insurance.

The duty of confidentiality shall not apply to the lending banks of the Principal.

"shippurch.com" shall not be liable for any damages incurred by the client unless there has been an intentional or grossly negligent breach of duty; in the event of negligence, liability shall be limited to EUR 50,000.00 per claim. "shippurch.com" shall, however, be liable for damages resulting from culpable injury to life, limb and health as well as damages resulting from culpable violation of essential contractual obligations (so-called cardinal obligations); in the case of the latter, however, in the event of slight negligence, liability shall be limited in amount to the typical contractual damages foreseeable at the commencement of the contract. shippurch.com" is not liable for loss of production and loss of profit for the client. The liability for the success or the achievement of certain goals of the client is basically excluded, unless expressly agreed otherwise in writing.

All claims of the client against "shippurch.com" resulting from the contractual relationship expire after 2 years. Notwithstanding this, the statutory limitation period of 3 years shall apply if "shippurch.com" is guilty of intent.

Unless otherwise agreed, the contractual relationship may be terminated by both parties with 14 days' notice to the end of the month. Any termination must be made in writing in order to be effective.

The order placed with "shippurch.com" is terminated by the provision of the services owed. If "shippurch.com" notifies the client in writing of the complete provision of all services owed, the client shall not be entitled to demand any further services unless the client notifies "shippurch.com" in writing of the incompleteness of the services provided within four weeks of receipt of the written declaration by "shippurch.com".

German law shall apply exclusively to all claims resulting from or in connection with this contractual relationship.

Place of jurisdiction is the registered office of "shippurch.com". However, shippurch.com may also sue the client at his general place of jurisdiction.

Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall then be obliged to make a replacement provision which comes as close as possible to the economic purpose of the invalid clause.