myGermany`s Terms & Conditions - Overview

General Terms & Conditions

The terms and conditions as of June 2013 shall apply to the contents and services offered on our website.

The currently applicable terms and conditions shall represent both our obligations towards the customer and those of the latter towards myGermany. They shall apply to the use of the website, customer account and all services rendered to the customers by means of logistics service providers.

By signing up with myGermany, the customers enter into a free, unless and until the provision of a service, legally binding contract with myGermany. Therefore we kindly ask you to read, understand, acknowledge, and comply with the terms and conditions stated below.

The services rendered by myGermany comprise various fields of activities. For this purpose, we consider it important to elucidate the specific terms and conditions applying to the different subjects.

  1. Conditions of use concerning the website and customer account
  2. Purchase of products from original sellers, correspondence, and payment
  3. Receipt and storage of your shipments at myGermany
  4. Dispatch of your shipments from myGermany to you
  5. Guarantee and warranty claims, return and exchange of goods
  6. Payment process
  7. Miscellaneous

The following terms will apply with respect to the elucidation of the GTC of our website:

  • myGermany (referred to as “myGermany“, “we“, or “our“)
  • myGermany website (referred to as “website” or “homepage“)
  • myGermany customer account (referred to as “customer account” or “account“)
  • Individuals or corporate entities as customers of myGermany  (referred to as “customer“, “purchaser“, “you” or “your’s“)
  • Sellers, manufacturers, mail-order companies based in Germany providing  purchase orders (referred to as “original seller“, “original manufacturer“, “mail order company” or “original point of dispatch“)
  • DHL, DBSchenker, FedEx and other logistic partners (referred to as “carrier“, “logistics or carriage service provider” or “logistics partner“)

I   Terms of use concerning this website and customer accounts

1. General provisions

Both, the use and access to our website as well as the access to your personal customer account shall be subject to the conditions stated in these GTC. Should you disagree to the terms and conditions herein, myGermany will reject your registration and opening of a customer account. Any services provided by myGermany will, in such a case, not be rendered.

By signing up with our services, you confirm to be 18 years or older, considered to be of legal age in your country of residence resp. have obtained all approvals necessary to use the services of myGermany  in accordance with the applicable laws.

2. Website

2.1. Contents, intellectual property, and terms and conditions of use

Our website and all information contained therein are made available to its visitors on a non-binding basis. The website and contents therein may contain minor inaccuracies and/or typos. Nevertheless, both the website and the account are regularly subjected to check-ups and continuous updates. In doing so, we reserve the right to make changes and amendments to the contents provided on our website at our own discretion – in cases where changes or amendments may concern our general terms and conditions or services, we will be informed about this immediately.

myGermany does not assume any liability for contents and the correctness regarding any sites linked with our website.

We respect the intellectual property of third parties and we pay utmost attention to all aspects related to contents protected by copyright or trademark rights. In cases of suspected violation of intellectual rights – please don’t hesitate to get in contact with us. All trademarks and brands mentioned on this website are property of their respective owners.

Our website contents, the user surface (descriptions, images, and pictures) as well as all methods and processes associated with the above-mentioned are protected by copyright and trademark rights. Any further use is not permitted and subject to our express permission. The information provided on myGermany’s website must not be used for any purposes related to the offer of products, reselling activities, marketing resp. distribution purposes or the generation of a database for commercial purposes. Customers shall not be entitled to make use of duplicated or modified contents of our website. Customers shall neither be allowed to copy and publish any kind of information from other websites, nor to link any websites to myGermany, unless prior approval has been obtained.

Screenshots of our website (both in electronic and printed form) must be used for individual purposes, only.

Customers must not use our website and services for any illegal purposes. In cases, where we have sufficient reasons to suspect the customer is doing so, however, we reserve the right to block you or delete your customer account resp. to refuse the services agreed upon with you. Furthermore, we reserve the right to disclose customer data to official authorities or organisations in cases of delinquencies.

2.2. Shipping cost calculator

Our shipping cost calculator is based on an estimate, which is, in turn, based on the data and information provided by you. Our shipping costs consist of our fix cost share and the transport cost share of our partners DHL, DBSchenker, FedEx. They make their fees (tariffs) dependent on various facts that we know only when we have packed your parcels ready for shipment. The actual and effective amount of cost are dependent by:

  • The country of destination
  • The actual weight of the goods to be shipped
  • The actual size and dimensions of the goods to be shipped
  • Measured values in accordance with the volume weight calculation (the volume weight refers to a practical dimension applied to determine the actual cost of a shipment carried by air freight. The measurement standard was introduced by the IATA in order to provide for an exact an accurate assessment of the cost for the freight space required for the shipment of goods which may be light concerning their weight but bulky when it comes to their volume. The calculation of the volume weight is based upon the dimensions of a shipment: (Length x Weight x Height measured in cm) / 5000 = volume weight measured in kg. The volume weight of the shipment will, in turn, be compared with the actual weight. The higher value of both ones measured will be decisive when it comes to the calculation of the freight rate).
  • Combined length and girth (the combined length and girth serves as a dimensional reference for cargo loads and is measured on the basis of the parcel’s circumference in cm. If a parcel exceeds the limits specified by DHL/FedEx/DBSchenker, the shipping will be effected on the basis of the respectively applicable rate class. These maximum lengths differ from country to country, however, as a rule of thumb, they must not exceed a value of approx. 360cm (DHL) or 762cm (FedEx) and are absolutely sufficient for standard carriage. DBSchenker is used for freight transport only and has individual case limits.
  • Possible changes and adjustments concerning the rates and prices of our carriage service providers (due to e.g. fuel surcharges, which will be, right away, reported to you.
  • Changes of exchange rates

Duty fees, taxes, or other tax-related transaction charges that might incur from any transactions related to payment processes are not considered therein.

3.  Cutomer data and account

3.1. Sign up for a customer account

So as to ensure for the successful signup of your customer account, we kindly ask you to provide us with a valid e-mail address, your postal address along with a shipping address, and a telephone number. You need to make sure and confirm that the information submitted by you, are correct and will be adjusted immediately, as the case may be. We reserve the right to close an inactive account, i.e. a customer account that has either not been confirmed or used for a longer period of time. In addition to this, we reserve the right to close the customer account in such events, where customers provided incorrect data or acted in a demonstrably fraudulent manner.

Please note that if a package can not be delivered due to address errors, additional fees can be incurred, which are charged by DHL, FedEx, DBSchenker. These fees are passed on to you. In exceptional cases, address corrections are made by us or our logistics partners. For incurred costs you will be charged too.

Everyone can sign up as a customer to myGermany – regardless the country of their residence. However, our services are not available to all countries across the world. For more information, please click here.

You commit to furnishing a copy of your valid identification documents and/or others additional information, on simple request of myGermany. If the client is a company, it commits itself  to provide a copy of the articles of incorporation and an extract of the Trade Registry and the companies incorporated less than one month earlier, shall also provide a copy of the identification documents of the legal representatives the company. In case of change of the legal representatives of the company, the client commits to inform us promptly.

3.1.1. Residence-related or commercial purposes

It is not possible to use the shipping address provided by myGermany for residence-related or commercial purposes. The same applies to the opening of a German bank account or the establishment of a company. Besides, it is prohibited to provide third parties with an e-mail address ending with “@mygermany.com” as a means of correspondence.

3.2. Security and terms of use

It goes without saying, that you shouldn’t disclose or pass on your account password to any third party. Individual persons or corporate bodies authorised by you to do so, are certainly entitled to the use of our services. We would like to make you aware of the fact, that both the liability and responsibility for any and all activities taking place in relation to your account will be borne by you. In other words, you will be responsible for each and every activity taking place in your account, as far as said activity happens on your account, i.e. under the use of your username and password.

You obligate yourself to:

  • Protect your account from unauthorised access, as far as you’re able to influence said activities (e.g. by logging off every time you’re finished with your session, not passing on your password to any third parties).  Please inform us immediately in cases, where you notice any unauthorised use of your customer account. We will take immediate measures and, according to circumstances, block, deactivate, or try to cancel any transactions made with respect to your account.
  • Not order or purchase any products, goods, or items (refer to Section III.2.) which are prohibited by law.
  • Comply with all legal provisions and regulations concerning all products you order through us in order to resell those. Furthermore, you obligate yourself to adhere to all legal applicable provisions and regulations, as well as restrictions stated by law or the original seller.

Your account data will be stored, processed, and managed by our company in Germany. You can take it for granted, that your data won’t be sold or disclosed in any other way to third parties, whereas this does not apply to our logistics partners DHL and FedEx, and our online payment system providers WireCard resp. Paypal.

For this purpose, we kindly ask you to refer to our comprehensive elucidation of our data protection guidelines.

3.3. Termination

You have the right to terminate your account by means of e-mail or postal mail at any time. On your request, we will delete all personal-related data and information. For this purpose, we kindly ask you to refer to our comprehensive elucidation of our data protection guidelines.

4. Exclusion of warranty and limitation of liability

The use of our website is at your own risk. You, hereby, acknowledge that our website-based services are provided at your disposal as is and without warranty for defects.

We don’t assume liability for the continuously flawless operation and functionality of our website. myGermany does not assume any liability for cases of impossibility, delays, or interruptions when it comes to the access of your customer account. Moreover, we can’t ensure the flawless execution of your payment transactions, as possibly occurring problems may be beyond the scope of our influence or not the result of any actions taken by us (e.g. erroneous connections, networks, or software).

We are committed to make sure that our website is being kept free from malicious software or programs. However, we cannot assume liability that this will always turn out successfully. Therefore, we recommend you to take all necessary safety measures before accessing to or downloading information from our website.

By no means, myGermany will assume liability for direct or indirect damages resulting from the use of or access to our website. The same applies regarding the sharing of contents of our website. myGermany will also not be liable for any damage claims arising out of the use of your account or our website.

myGermany does not tolerate any kind of illegal activities. In cases, where a member commits a crime and/or is prosecuted due to illegal activities related to the purchase of a product through us, all legal expenses and other costs incurred shall be borne by the customer. myGermany repudiates such kind of activities in the strongest terms and assumes no responsibility for the activities of their customers or members. In the event of any criminal act committed by any of myGermany’s customers or members, myGermany will cooperate closely and fully with the German police departments.

5. Data Privacy and Protection

Please read our data privay policy.

II Purchase of products from original sellers, correspondence, and payment

1. You place the order for the goods on your own at the online shop of the original seller, thus myGermany will only render the logistics services

1.1. Purchase order, payment, and payment transaction

You don’t make use of our services when it comes to the products which have sought, selected, and purchased on your own account. For this purpose we recommend you to visit the online shops of brand manufacturers or dealers linked on our website. The ultimate decision of the online shop meeting your very own needs will, of course, rest with you.

The purchase contract and all conditions associated with it will generally be subject to the negotiations made between you and the original seller. As a general rule, you will be always be deemed the owner of the product you have purchased. You’ll always have to pay the costs incurred for the purchase of the product and shipping to your domestic address. By accepting our terms and conditions, you ensure the timely and adequate payment of the goods and compliance with the general terms and conditions of seller. myGermany rejects the acceptance of parcels shipped by means of cash on delivery. Incoming shipments sent by cash on delivery will be returned to the sender. Any costs that may incur in the course of this shall be borne by the customer.

Payments made to myGermany become only due until the product ordered by you has been received at our warehouse and released for dispatch to your country. These payments are made up of the shipping costs charged by our logistics partners and the cost share of myGermany, which are both payable to myGermany in advance, i.e. prior to the forwarding of the goods to the customer.

1.2. Addressing

In order to ensure the appropriate receipt of your goods at myGermany, as well as to provide for their correct allocation and assignment, you need to provide your correct and complete myGermany address to the merchant – incl. “myGermany” in the Surename field. This may be for example:

Name: John Smith Mygermany
street: Nordstrasse 4
zip: 99427
city: Weimar
country: Germany

1.3. Message to myGermany

Once you have placed your order to the original seller, you’ve got to provide all information related to the order in your myGermany account (supplier, brand, quantity, product, size, colour, etc.) in order to enable us to check your goods for completeness and damage upon receipt at our warehouse. Please note, that we’re only capable to allocate, check, and clearing incoming shipments for export, if we have the order data at hand, required for these purposes. Order data means the articles you have ordered and are expected to be received at myGermany.

In cases we receive shipments whose recipient details are known to us, yet, but the order data are not clearly identifiable, myGermany will either contact you with the request to add/complete the order data, or will add/complete the order data by itself. If the effort is relatively the service is free of costs, but should an enormous effort be required, myGermany will charge you € 5 per each item.

In cases we receive shipments whose recipient details are known to us, yet, but not the details of the order, we will get in touch with you and ask you to add these data within the next 14 days. If this will not be done within these 14 days, myGermany is entitled to open parcels or shipments for the purpose of detecting illegal contents. Each item, myGermany needs to enter resp. populate into the system will be charged with € 5.

In cases you have entered the order data, we are not in the position to assume any liability for the correctness and accuracy of the data provided by you. We will inform you in cases where your description of the shipment’s content deviates from its actual content. myGermany reserves the right, to adjust or correct the data provided by you. Any costs incurring due to wrong or incorrect statements made by you will be charged to your account. You undertake to keep myGermany indemnified from all liabilities, damage claims, and expenses (incl. compensation for legal services), incurred due to incorrect declarations concerning the contents or value of shipments dispatched for the purpose of exportation and/or non-compliance with myGermany’s terms and conditions.

1.4. Receipt of goods

Please note that only shipments sent from within the EU will be accepted by us.

2. You assign myGermany to carry out purchase transactions and to perform logistics services on your behalf (concierge service)

2.1. Compliance with the German Commercial Code

myGermany accepts purchase orders placed by their customers and acts as intermediary to the original seller – whereas clients may be either companies or private sellers. In doing so, myGermany always considers the directives of the German Commercial Code – unless no other provisions are made in these GTC.

2.2. Standard order placement, purchase, and payment

You assign us to buy a product for you from an original seller. We place your order as purchaser in accordance with your instructions and pay for you. The purchase is to be seen solely as a transaction between you and the original vendor. Thus we can give no guarantees, warranties or representations regarding the quality or suitability of the products.

For this purpose, we ask you to fill in the concierge form and state the specifications of each product to be ordered by us in a clear and precise manner. These specifications include, besides details on the product (quantity, type, size, colour, description, etc.) the URL-link of the online shop (where the product is listed), the exact amount of the product, and shipping costs that may be incurred in accordance with the online shop of the original seller. Once you’ve completed your concierge order, you will be asked to pay the due amount – including costs of the product and shipping – via online payment to myGermany (e.g. via our partners WireCard or Paypal). Provided that the transaction of the payment has been completed successfully and all transferred data have been verified by us, your purchase contract with myGermany becomes effective and you’ll just have to pay the total amount due for the services rendered. For this purpose, we recommend you to check all data and information for correctness.

In cases where we detect a difference between the amount paid by you and the actual amount to be paid by myGermany to the original seller, we will either deduct the respective amount from your invoice sent to you upon your next order or credit the amount to above-mentioned invoice (the second invoice will be sent to you, after your goods have been received, weighed, and released for dispatch i.e. forwarding to you, see section IV.2.3.)

Acquired goods by us for customers from non-EU countries are sold at the price as seen in the German or European Online Shop by the customer, i.e. goods are sold for the gross price as listed on the online store (net plus VAT) by myGermany net to third countries. This happens for reasons of simplicity, since the reclaiming of the VAT for citizens of non-EU countries is enormously work-intensive.

At the moment of our engagement we assume the items to be delivered to the destination country stated in your account. In cases where the final destination country is changed, myGermany needs to consider to change the already created bill, thus we allow to rise an administration fee of 10 EUR.

2.2.1. Individual order placement, purchase, and payments, e.g. for companies

In certain cases we can purchase items on your behalf. We place your order on your behalf in accordance with your instructions and pay for you. The purchase is to be seen solely as a transaction between you and the original vendor. We give no guarantees, warranties or representations regarding the quality or suitability of the products.

Please contact myGermany to discuss individual cases.

2.3. Details of ownership

Your order placement will only be performed after your payments have been received and confirmed by myGermany. Once the receipt of your payment has been confirmed, we will place the products on your behalf and render the corresponding payment from our German bank account. In doing so, the original seller will issue the invoice under your name and you’re going to be awarded the ownership of the ordered goods.

2.4. Return and right of withdrawal

Refer to section V.

III    Receipt and storage of shipments at myGermany

1. Goods receipt and inspection

The customer entitles us to sign the delivery note of incoming shipments on their behalf. Our staff takes delivery of shipments day by day, record the data in our computers, open, weigh, photograph and check them for damages, completeness, and compliance with the respective product description (unless you have chosen the option direct shipment) – for this reason, it is of utmost necessity that you provide us with a precise description of the product you’d like to purchase in your myGermany account. It is important to know, that all received shipments will be opened and reviewed to identify excluded goods or dangerous goods. All original packed and sealed products will not be unpacked during the reception.

You have the option to assign myGermany with a denial of acceptance with respect to shipments addressed to you. Any costs incurred on the part of the carrier or original seller will be charged to your account.

We assume no liability for any damages or losses that might occur in the transit. Besides, myGermany is not able to influence the duration of the transit times of external senders and is, therefore, not responsible for the time required for the delivery of the shipments.

We accept shipments delivered in the form of packages, parcels and letters addressed to you. Shipments with prohibited items will be returned to the original sender. Any costs incurred due to that will be charged to your account. Any advertising stuff, such as catalogues, leaflets, offers, etc. are destroyed.

In cases, where packages or parcels exhibit massive damages at the time of the visual inspection, we will return said shipment to the original seller and inform you immediately about that.

2. Conditions for import and export of goods and prohibited items

myGermany will not accept or forward any goods, which are, due to the cargo conditions or conditions applying to the import and export of goods of a country, subject to prohibition resp. subject to a particular handling.  In cases where shipments contain such kind of products, we will get in touch with you and coordinate the further proceedings with you. Unless otherwise requested from you, we will return prohibited goods to the original seller. The fee incurred for this will be charged with 25 €.

You undertake to comply with all applicable conditions: a) of the country of dispatch and b) of the country of destination. In addition to this, you oblige to not use myGermany for the carriage of illegal goods. As of the definition of illegal or prohibited goods, myGermany complies with the rules of the respective country or import or export, as well as with the provisions specified by the German customs authorities (Zolls), and the provisions of our carriage service providers such as DHL or FedEx.

We don’t take delivery or forward products, such as:

  • Explosive or highly combustible materials like perfume or perfume spray, motor oil, lighters with fuel, etc.
  • Ecologically damaging and radio-active substances
  • Materials subject to particular effort or materials, which are particularly sensitive to high temperature or pressure, including  pyrotechnic articles
  • Weapons, parts of weapons, or items that might harm or violate people
  • Items used for military purposes, such as sonar systems, lasers, software, or airplane components
  • Cadavers or living animals
  • Credit cards, money, or valid phone cards
  • Tobacco products, narcotic substances, non-permitted medical products or virulent substances
  • Goods classified as hazardous material
  • Goods, which are due to this provisions prohibited or restricted by relevant authorities and organizations (ICAO, IATA, government, etc.)
  • Goods, which lead to the assumption, that such kind of shipping would violate the above-mentioned regulations and legal provisions

We would like to point out that myGermany will comply with all applicable export and import laws and that we reject the shipment of items, for which a separate export or import permit is required. You carry the responsibility and agree to indemnify myGermany of all costs and fines incurring for myGermany, if it is determined that a consignment of these terms violates these regulations, as well as court costs and attorney fees incurred for myGermany in connection with such violations. myGermany has the right to terminate your account and your use of myGermany services if you violate any of the above regulations  and acknowledgments

In case, we have missed or miss-interpreted dangerous goods when checking received shipments and have forwarded them, myGermany shall not be liable for any damages, losses or fees caused, or presumably caused or in connection with these items. Any related costs will be passed on to the end-customer.

3. Communication

Our staff will not notify you before they open the parcels for inspection, but only afterwards. (If you have chosen the option Direct Shipment, parcels will not be opened). Once the parcels have been inspected, we will inform you via your myGermany account, what condition the parcels or the goods are in and if the goods match the product description (photographs and status messages: OK, damaged, Non-ordered, later resupplied (we accept partial deliveries), product not available, item too big, articles prohibited, etc.). You then have to give instructions of what to do with the product – eg is it to be stored or sent back or should it be sent to you.

In the event that you purchased the items and sent us the order data, we do not assume any liability for the accuracy of your product description – should we find that your descriptions differ from the package contents, we will notify you. myGermany also reserves the right to change or correct your information, especially when no information was provided to the ordering data (Please see our section II.1.3.).

4. Unidentified Recipients

If parcels are received whose recipient cannot be identified, it will be impossible to assign them to the customer. These parcels will be stored in our warehouse for 14 days. We will make additional efforts to identify the recipient. If your package is incorrectly or insufficiently addressed, additional handling charges of up to 25 Euros may apply which will be charged to the recipient’s account. If after 14 days a recipient cannot be determined, myGermany will be entitled to return the parcels to the sender at his expense. If the sender denies redemption, myGermany will be entitled to dispose the goods on your costs according to dutiful discretion, among other things to sell or destruct them (according to §419 paragraph 3 HGB). Any claims for damages of the customer remain unaffected.

5. Storage of goods

We store your goods free of charge in our warehouse for up to 60 days. After the incoming goods were opened and inspected, they are re-packaged and stored in your personal myGermany-PostBox. After 60 days of free storage, we store your parcels for an additional 60 days with charge. In these 60 days we charge for each parcel three Euros per day for storage. Should your parcel be very large and the storage requirements are higher than normal, myGermany reserves the right to adjust the storage fees accordingly. If parcels are not claimed by you after these 120 days, myGermany is entitled to dispose the goods at the expense of the customer according to dutiful discretion, ie to sell or destruct them (according to § 419 paragraph 3 HGB). Any claims for damages of the customer remain unaffected.

Goods can be returned to the original vendor (please see section V).

6. Acceptance of goods for direct shipping

See section IV.1.2.

IV    Shipping and Shipping Cost of your parcels

1. Shipping and delivery

In the event of false or inaccurate product description specifications provided by you, we cannot send the goods (see also section II.1.3.). If all conditions for the implementation of the transport service are given and you have paid the required total cost as well as requested the shipment of the goods, we will notify you by email and dispatch the goods to the shipping address indicated by you in the myGermany customer account.

We work with parcel services such as DHL, FedEx, DBSchenker etc. together we make all reasonable efforts to deliver your packages within the normal delivery times. However, delivery times cannot be guaranteed and are not a part of the contract between you and myGermany. myGermany is not liable for any damages or loss caused by delays in delivery of the logistics service provider.

For protection against fraud attempts and to protect our customers, we will send your parcels only to your name and resident address which is provided by your payment provider with whom you paid the Registration Fee. We may deliver the parcels to the address specified in the client account with discharging effect to the recipient’s signature, family members of the recipient or the spouse, or others who are present in the shop or persons present on the premises of the recipient, as well as other residents and neighbors, who – based on the circumstances – can be assumed to be authorized to receive the parcel, unless there are reasonable doubts about their authority to receive goods. The rendered signature is considered to be proof of delivery and a confirmation that the order was correctly delivered with external integrity of the packaging. The order is then considered to be completed.

Our logistics partners normally make two delivery attempts, or hold shipments, whose delivery has not been possible, ready for pick up at the post office for up to seven days. Should your package be very large and the shipping costs are higher than normal, delivery times can be extended. Undeliverable parcels will be sent by our logistics service partners back to Germany (for more information, consult DHL, FedEx, DBSchenker). Additional processing fees of 25 Euros apply. For cost in addition to the prior agreed remuneration, eg for a second delivery, additional storage or return shipment, myGermany must be paid by the customer. Please also note the conditions of your correct address information (section I.3.1.).

1.1. Shipping Regions

myGermany only ships goods to certain countries. Please inquire before you place orders. For an overview of the countries to which we ship, please click here.

If parcels arrive at myGermany which should be sent to countries that are not served by myGermany, they will be sent back to the original sender. The customer will be charged an additional handling fee of 25 Euros. Also the concierge will not execute orders to a country not served by myGermany.

1.2. Drop shipment

With direct shipping, parcels are directly retransmitted according to the instructions of the customer and myGermany will not open or inspect the parcel. These parcels are recorded in the system and displayed in the customer’s account with the appropriate status “Re-Transmitted”. You are responsible for the correct order data.

1.3. Discreet shipping

If discreet shipping is desired, parcels are sent out – according to the customers instructions – ensuring that the contents or origin of the parcel is in any case not recognizable for the recipient. This option must be selected in the customer’s account at the time of ordering.

2. Shipping fees

The fees for shipping of your goods from myGermany to you consist of the shipping costs of our partners and the costs for the myGermany services. These costs are shown to you as one costs (as a shipping and handling fee).

2.1. Cost share myGermany

The cost share of myGermany which are contained in the shipping costs include the following services from myGermany: consulting, providing the German address, concierge services, goods inspection incl. photographs and storage, modification packaging or repackaging, creation of customs documentation, direct and discreet shipping. Any additional costs which are incurred for returns are not included.

2.2. Freight cost of partners

The freight costs are finally determined when the parcel is received by us. In the preliminary use of our shipping calculator only an estimate based on your information can be given. The actual costs can only be determined when the parcel arrives at myGermany. Only then we have actual information about:

  • Current exchange rates
  • Current transport service prices (possible price changes of our logistics providers due to eg fuel surcharge)
  • Country of Destination
  • Actual weight and actual size of the goods (and thus we know whether possibly the girth and / or volumetric weight calculation must be used. See section I.2.2.)

According to the specifications of our shipping service provider, we cannot send parcels which exceed the maximum volume weight or the maximum girth. In this case we can only send them with increased cost. Should this be the case, we will discuss this individually with you.

Once your goods have been weighed by our warehouse, we will indicate the weight and therefore the final freight costs in your customer account. For simplicity, dimensions are calculated by rounding them up or down and always in full kilograms.

2.3. Payment

If all prerequisites for the implementation of the transport service are met and you have requested the dispatch of the goods, we will ask you to make your payment online to myGermany (for example, through our partners WireCard or Paypal). When the payment process is completed and the transmitted information has been verified, we will notify you by email and ship your goods to the shipping address indicated by you in the myGermany customer account.

Any applicable duties, taxes or governmental settlement fees are not included in the shipping fees.

2.3.1. Subsequent Payments or Credits

If you accumulated credits (eg by use of the concierge staff or discount offers) or a deficit is listed (eg by use of the concierge staff or other charges), we will subsequently calculate or recredit that amount in the payment request, which you will receive when you release your goods for shipment.

3. Preparation of Customs Documentation, Customs and Taxes

myGermany creates all customs documentation necessary for export and import. myGermany takes special care that all customs charges and taxes are paid to the relevant customs and tax authorities and that there is compliance with all legal export and import regulations. For this purpose a precise description of the goods to be shipped is required.

If you place your order directly to the original vendor, you are responsible for ensuring that the goods description (content, number and value) is accurately and truthfully made. For this, we ask that you immediately enter the description of your order in your myGermany account after you have placed the order with the original vendor (see also section II.2.3.).

As far as you use the concierge service of myGermany, we are responsible. myGermany is not liable for any errors or misrepresentations in the description of the goods caused by you. If additional cost occur on the basis of false or erroneous representations, you will be solely responsible. You agree to indemnify myGermany from all claims, losses, damages, liability and costs (including reasonable attorneys’ fees), which may occur if you make any false statements regarding content or value of the parcels for export purposes and / or do not comply with our Terms and Conditions.

We would like to point out that customs randomly inspects parcels or is allowed to inspect parcels at any time. If incorrect product descriptions or product value shall be obtained, parcels may be retained by customs. In addition, there may be additional cost due to fines.

myGermany creates all customs documentation necessary for export and import, but is not responsible for the payment of any applicable taxes and duties – the responsibility rests solely with you.

4. Prohibited items as well as compliance with the export and import regulations

See section III.

5. Shipping insurance, liability and claims

5.1. Limited insurance and liability

For your goods which are sent by the mail order vendor to myGermany, the mail order vendor is exclusively liable.
Goods that are shipped from myGermany to you are insured by our partners DHL/FedEx/DBSchenker etc. for loss (an item will be considered lost if it is not delivered to you within 30 working days of receipt) and damage.
The partners insure the items according to the Warsaw Conversation. All other types of loss or damage are excluded (including, but not limited to, lost profits, income, interest or future business).

The insurance acts as follows (based on the shipping conditions of our insurance partners DHL/FedEx/DBSchenker):

DHL
Your goods are automatically covered at no extra cost up to a value of EUR 500.
*Up to an order value of EUR 2,500 we charge EUR 20.
*Up to an order value of EUR 25,000 we charge EUR 70.
If you prefer a higher insurance, please contact us.

FedEx
Goods are insured with 1 kg each at 22 EUR.
*In addition, additional insurance must be completed: for each additional 100 EUR value of goods we charge 2 EUR.

DBSchenker
Goods are insured. Each insurance is based on an individual calculation (as DBSchenker is used for freight only).

* If you do not select additional insurance, you assume all risks of loss or damage over the amount of standard liability as stated above.

Insured is the value of the item. Transportation costs are insured to a certain extend only in the sense that the shipment rates of our partners DHL/FedEx/DBSchenker are completely covered, but myGermany services based on individual cases only. Liability for additional services and material, which are added on top of partners shipping rates, is to be evaluated for each individual case (If the damage has clearly been caused by third parties, myGermany cannot be liable for the insurance of your items value, shipping rates of partners, and our services/material).

All claims will be evaluated individually by the partners first, then by myGermany; and are based on the declared value of goods which is done by you. We will ask you specifically whether and to what extent you want to take an additional shipping insurance.

Liability is limited to the smaller value of the either specified or the actually determined value of the goods. In addition, we may have restricted liability on some goods due to our dependence on our partners. At FedEx, for example, works of art, film, antiques, glassware, jewelry, furs and watches are covered to a maximum of only 1000 USD (approx. 730 EUR). At DHL, however, securities, jewelry, watches, precious stones, works of art, paintings, antiques, unique items and other valuables are covered up to EUR 25,000. For more detailed information please contact us.

myGermany is not liable for direct or indirect damages or costs (such as loss of profits, revenue, interest or future transactions) caused by shipping or as a result of non-compliance with the conditions of shipping (eg failure to follow the import and export and / or customs regulations). We are also not liable for any damages caused by force majeure, influences of nature or by natural variation of the transportable goods, unless a culpable causation of the damage through us can be determined (such as a wrong packaging or faulty addressing). In addition, we are not liable for the damage or deletion of electronic or photographic images, data or recordings due to electrical or magnetic noise.

myGermany will not per se cover damage to used or second-hand merchandise, although it will cover loss of those goods in transit. It is to be decided individually.

myGermany is not liable for any damages if the shipment was not packed and prepared by myGermany, e.g. myGermany was principal but not actual sender and packer of your item. In such cases myGermany cannot influence the packaging conditions and will rely on the actual sender, thus myGermany will not take over any liability caused by wrong packagings.
Should you decide for the direct shipping option (see section III.4.) we are not liable for damages caused due to insufficient packaging or incorrect labeling by third parties.

Especially for sensitive items myGermany can take over limited liability only. myGermany does its very best in order to pack and secure safely sensitive items, such as breakable wooden figures or clocks etc. but can (unfortunately) never guarantee the safe journey of such items as the transport is handled by 3rd parties. Thus, each claim of such items will be evaluated individually.

We exclude liability for ceramics such as cooking plates etc.
Shipping of such sensitve items can not be insured by myGermany. Even the best packaging – even from the factory – can not prevent damage, as internal components always get vibrated during transport. Only a separate packaging of all internal components ensures safe transport. But this is a too much effort (at least cost of 400 EUR).

5.2. Assertion of Claims

All claims must be made in writing, accompanied by original documents and photos of the damaged goods within 14 days from the date of package receipt, otherwise, we cannot assume liability.

myGermany is depending and relying on the partners evaluation process; and cannot provide any replacement or compensation before the partners final decision.

The review and decision process will take at least four to eight weeks.

V    Guarantee and Warranty Claims and Returns and Goods exchange

1. Guarantee and Warranty Claims

You can raise any warranty or guarantee claims for goods exclusively with the original seller. myGermany assumes no liability

  • for product defects
  • for any injury or damage caused by a product
  • for errors that were caused by the original vendor or by you.

myGermany supports you in warranty claims, returns or goods exchange as follows:

2. Returns and exchanges if the goods are still in our warehouse in Germany

For goods bought in Germany, you have a right of return in accordance with § 355 BGB. Once the goods are received, the goods are inspected by us for damage, completeness and compliance with the order. Regarding that we will notify you via email and in the customer’s account.

If a consignment is found to be defective which is caused by the original vendor, such as incorrectly transmitted or damaged goods, you can order myGermany to return the goods to the original vendor within a period of 14 days after receipt of the goods. This service is free at myGermany and usually also free at the original vendor. To meet the deadline, it is necessary that you inform myGermany in time so that we can resend your goods on time to the original vendor.

If the goods are not damaged and meet your order, but you have no more interest in them, they can be returned to the original vendor without the indication of reasons. For this we charge a processing fee of 10 Euros. Please note that it may happen that the original vendor no longer takes back the goods free of charge after a certain period (usually 14 or 30 days).

2.1.   If you used our concierge service (if we bought your goods on your behalf)

For a return or an exchange of goods, we assume the communication with the original vendor and take care of the package return (upon your request). Possible costs for return postage (for mail orders) and allowances (for myGermany), we will calculate with your already paid money; the remaining amount will be refunded or we calculate it to open amounts.

2.2. If you purchased the goods yourself

For a return or an exchange of goods you will be responsible for the communication with the vendor, myGermany takes care of the return of the goods upon your request. The refund for the returned goods is in the responsibility of the original vendor. Normally, he will refund already paid money and may retain incurred return postage. You receive the refund when the items were returned to the mail order company. myGermany cannot return the goods until the return slip has been made available to myGermany and possible processing fees have been paid to myGermany.

It is forbidden to specify a “@mygermany.com” email address as correspondence address for third parties.

3. Return and exchange if the goods have already been received by you (after the delivery of myGermany to you)

Also the return of goods from your country to the original vendor is possible. Unfortunately, this is associated with a high time effort and cost. Therefore, we encourage you to consider before you place an order what products you want to order. In addition, we will inspect each incoming parcel for damage, completeness and compliance with the order, and therefore ask you to exactly read the status messages in your customer account. If you wish to return or exchange goods to the original vendor, you must contact the original vendor to arrange with him the next steps for a return, a refund or an exchange. myGermany assists you in returning the goods at your expense. It is forbidden to specify a “@mygermany.com” email address as correspondence address for third parties.

VI    Payments

1. Methods of Payment

Payments to myGermany are made when you use our concierge service (see section II.2) and when you release your goods to be sent. For payment you have various payment methods to choose from (myGermany reserves the right to exclude particular methods of payment to the customer):

Creditcard For payment via credit card your bank account is debited after the notification of acceptance has been transmitted. Credit card transactions are processed via the credit card service provider WireCard who undertakes the settlement regarding to the highest safety standards (eg PCI DSS guidelines). We accept all major credit cards. For further information, please contact WireCard.

Country-specific methods In cooperation with our partner Wirecard we offer more than 20 alternative national and international payment methods (for example Skrill Digital Wallet, MercadoLibre, Moneta.ru including Yandex, Boleto Bancario etc.). For further information please contact WireCard.

Paypal Paypal is an online payment service which is safe, easy and fast. Normally your payment will be immediately transferred to us (your Paypal account is debited on the day of the order) allowing us to act immediately regarding placement of your order or shipment of your parcels. For more information please see Paypal.

Advance Payment If you select advance payment we will give you our bank details. Once your payment is received on our account, we can act on your behalf. Normally, the invoice amount is to be paid to the bank within seven days of notification.

2. Partners for Payment Transactions

myGermany collaborates with the international partners WireCard and Paypal.

www.wirecard.com
Wirecard AG
Einsteinring 35
85609 Aschheim
Germany

www.paypal.com
PayPal Pte. Ltd.
5 Temasek Boulevard?#09-01
Suntec Tower Five
?Singapore 038985

3. Payments to myGermany if you use the concierge service

See section II.2.3.

4. Payments to myGermany when you release your goods for shipping

See section IV.2.3.

5. Subsequent payments and credits

See section IV.2.3.1.

VII   General Information

1. Change in Terms and Conditions

myGermany may change the Terms and Conditions as well as the services temporarily or permanently at any time, without a consequent liability to the customer (except for products that were ordered before modification, suspension or ending). Such change would be adequately announced by us on our website and via mail to our registered customers.

The Terms and Conditions herein constitute the entire agreement between myGermany and its customers. All other priorly written or oral statements will be replaced by it.

2. Relevant Jurisdiction

These terms and conditions, the disclaimer, and all claims which are based on our Terms and Conditions, are subject to German law. The parties submit to the exclusive jurisdiction of the competent court in Weimar / Thuringia, Germany. The provisions of the UN Sales Convention are excluded.

3. Provisions becoming invalid

If any provision of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provision an appropriate or at least similar replacement provision is agreed upon, which myGermany and its customers would have agreed upon in order to achieve the same economic result if they had known the invalidity of the provision. This also applies in case of incompleteness.

If any provision of this Agreement is declared as unlawful, void or unenforceable by a court or a competent authority, such provision shall be deemed as removed without affecting any of the other provisions.

These Terms and Conditions are subject to our myGermany GmbH © 2017. All rights reserved.

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