General Terms and Conditions1. General description
General Terms and Conditions of the Youmain GmbH
General Terms and Conditions of the Youmain GmbH
Youmain GmbH is a service provider aimed equally at consumers and businesses located in the European Union.
Youmain GmbH offers users of their service the possibility to have goods sent to the address at the Saalehang 4, 06217 Merseburg, and is responsible for the onward dispatch to addresses in Germany, in the European Union or in other EU countries as required by the service user.
The receipt of the shipment, its further transport and storage as well as the financial management shall conform to the following Terms and Conditions.
2. Registration and identification
Correct registration under the URL: http://mykrautbox.com is necessary before the system may be used. The contractor of Youmain GmbH (hereinafter: referred to as "User") agrees that the data supplied during the registration process is correct and complete. The User also undertakes to store the password selected by him/her in the correct manner and to prevent access by third parties. The User may avail themselves of the services of Youmain GmbH only if a valid email address has been provided during registration. The User is obliged to be reachable at this email address. Youmain GmbH emails sent to the User in a correct manner to the specified email address shall be deemed received.
A separate registration for each User, for example married couples, is required.
When registering, the User selects one of the tariffs offered by the Youmain GmbH (see Tariffs).
Youmain GmbH has the right to terminate the account of a User who breaches the contract. Likewise, Youmain GmbH has the right to delete an account that has been inactive for six months.
The User must forward to Youmain GmbH the pre-printed receipt authority found here (link), handwritten signed in original format together with a copy of an official photo ID.
The registration process is not completed until these documents are received.
3. Basic services
GmbH accepts the shipment in the name of the User. Shipments are accepted from Monday to Friday, except public holidays as observed in Saxony-Anhalt, from 09:00 to 17:00.
GmbH is authorized to open the shipment to check whether the contents of the shipment and its packaging comply with the agreements, as well as to open the enclosed packing slips, shipping documents, invoices and the like, and to store them electronically.
GmbH, if the above conditions are complied with, will then store the shipment.
Youmain GmbH will inform the User of the receipt of the shipment via the email address provided.
Youmain GmbH will inform the User if the shipment packaging is damaged when it arrives at Youmain GmbH, making any further transport of the shipment impossible. Youmain GmbH will inform the User regarding the additional costs of re-packaging. The User is obliged to notify Youmain GmbH without delay of their decision regarding the additional costs.
- If the User fails to instruct
GmbH in this case,
GmbH will inform the User one week before the end of the agreed upon free storage period, in accordance with the terms of the tariff chosen. Further storage beyond the free storage period as determined by the tariff will occur only and as long as the User account balance less any expenses for storage exceeds the amount of 25 cents per calendar day.
In the absence of the conditions for further storage, Youmain GmbH will return the shipment to the sender address as specified on the shipment packaging.
Regardless of the foregoing, storage will not be provided for longer than three months.
If, after returning the goods to the sender the shipment is received again by Youmain GmbH, this is considered to be a new shipment.
Youmain GmbH shall be entitled to return incoming shipments and mail immediately to the sender if the addressee has not correctly completed correct a registration.
- The User will notify
GmbH by email as soon as possible if it is desired that shipments be delayed and accumulated in order to forward several pieces in one consignment.
Youmain GmbH will then group and repackage the shipments into one consignment as instructed by the User.
- The User decides how the consignments should proceed by choosing a tariff from among those offered on the site of Youmain GmbH and then communicating this choice to Youmain GmbH by email.
GmbH will inform the User of costs relating to the further destination, quantity and time as determined by the User, and charge these costs to the User, in so far as the credit in the User's account with
GmbH is not sufficient to cover the said costs.
The dispatch will take place only after costs have been settled.
If the User intends to specify Youmain GmbH as the address for a shipment requiring refrigeration, it must inform Youmain GmbH in advance and wait for an agreement by Youmain GmbH or notice of changed conditions.
5. Goods excluded
The offer from Youmain GmbH applies only for goods up to a value of EUR 3,000.00 including VAT.
Regardless of the value of the shipment, excluded from the services offered by Youmain GmbH are:
- shipments which may cause injury or infection to persons or damage to property
- Bleach, cleaning chemicals, dry ice, batteries, matches, swimming pool chemicals, paints
- Perishable goods, plants, seeds
- Human remains, cadavers or body parts
- Drugs, narcotics, drugs not approved in Germany and the EU
- Goods classed as 'dangerous' such as weapons or flammable substances
- Money, precious metals, checks, credit cards, telephone cards or other functional payment instruments
- Stamps of high value
- Precious stones, securities, coupons, savings, cheque books
- Shipments that violate laws to protect minors
- Poorly packaged goods, esp. liquids
- Gasoline or diesel, tobacco and tobacco products
- Shipments from outside the EU
- Goods that infringe copyright laws
- Items whose contents, external design, transport or storage violate a statutory or official ban
Furthermore, goods are excluded from consignment which are specifically excluded by the General Terms and Conditions for the tariff services chosen by the User, (see Terms and Conditions of our logistics service providers).
Furthermore, goods which are not properly packed by the User shall also be excluded. The packaging must protect the shipment from the usual postal conditions, in particular the goods to be forwarded must be secured against movement.
6. Shipping abroad, customs clearance
- In a further consignment on behalf of the User to an address that is not located in the territory of the European Union, Youmain GmbH undertakes to send the export certificate to the sender of the item Youmain GmbH shall be entitled to require the User's written assignment of the sales tax refund claim and to bill these costs in addition to any outstanding charges to the User.
GmbH also accepts on notice goods subject to duties, and charges costs incurred to the User.
The User accepts responsibility for, in addition to the fees plus any payable taxes, a service charge of EUR 4.00 plus VAT and a delivery fee of 10% plus VAT of the total.
The User shall provide on request, in the case of a customs audit, a copy of the payment transaction.
Before forwarding, a content and value statement is required for customs clearance for each package. These will be provided by the User.
If several packages combined in one shipment, the total value of all packages applies.
Youmain GmbH is not liable for the consequences of incorrect declarations by the User.
In addition, Youmain GmbH does not assume responsibility for any costs, applicable fees, fines or penalties associated with forwarding the shipment abroad. These are the sole responsibility of the User.
Youmain GmbH is responsible for the correct receipt of the shipment and the relevant triggering of notification to the customer. Furthermore, Youmain GmbH shall be liable for the correct forwarding of the goods under the following conditions:
- Youmain GmbH is only liable if it is at fault. The limit of this fault liability can be found in the relevant statutory provisions.
- The statutory and contractual liability of Youmain GmbH as described in the statutory provisions is limited to foreseeable, typical damage.
- The aforementioned releases from and limitations of liability shall not apply to injury to life, body and health as defined by the applicable laws, as in for example those determined by the Product Liability Act.
- The aforementioned releases from and limitations of liability do not applyin cases of gross negligence or wilful breach of contract by Youmain GmbH, its officers or agents.
- In determining the amount of the liability borne by Youmain GmbH as a result of claims made against it, the economic realities of Youmain GmbH, the nature, scope and duration of the business relationship, possible causation or fault on the part of Users in accordance with Section 254 of the BGB [German Civil Code] and degree of monitoring and control of the services and methods are to be evaluated to the benefit of Youmain GmbH. In particular, damages, costs and expenses borne by Youmain GmbH must be reasonable in relation to the proceeds gained by Youmain GmbH from the User's use of the services.
- In addition, the statutory limitations of liability shall be the result of negotiated restrictions if these are more favourable for Youmain GmbH.
- An expansion of the legal liability is explicitly excluded.
- Claims arising from this contract expire one year from the date of delivery. The period of limitations does not apply to qualified negligence, injury of life, body or health, or where such statutory limitation provisions have mandatory application.
- All items that we receive are insured with a contents insurance up to a limit of EUR 500 per shipment.
- Transported insured goods or objects are insured up to a maximum of EUR 55,000 in accordance with Section 12 no. 1 c BFINH [Conditions of the Company Contents Insurance].
- The compensation for insured property is limited for damage.
- to shipments which have been accepted by the recipient without a delivery and / or transfer confirmation notice (maximum EUR 500)
- which have been accepted by the recipient with a delivery and / or transfer confirmation notice (maximum EUR 15,500)
- A deductible may be agreed upon. In this case, the compensation amount calculated including reimbursement of expenses pursuant to Section 13 of the BFINH shall be reduced for all damage by EUR 250.
Youmain GmbH is responsible for the forwarding of shipments to the extent to which there is a User liability for the selection of the forwarding company, and only by assignment of claims against the company responsible for the forwarding of the shipment in so fas as this claim is enforceable and recoverable.
Youmain GmbH is not liable for violations of their contractual obligations occurring as a result of force majeure, in particular in the case of natural disasters and armed or civil conflicts.
The User is entitled to cancel the contract at any time with a notice of three months. A cancellation per email is deemed sufficient. No contract term exists for Free Tariff.
In addition, the User may at any time select another tariff group with a notice of 5 days before the end of the month and is not obliged to give any reason for the tariff change.
Any termination and change of tariffs must be confirmed by email by Youmain GmbH.
9. Obligation to observe confidentiality
Youmain GmbH will treat the data provided by the User as confidential.
In addition, the User authorizes Youmain GmbH to store, in particular electronically, the data necessary for the execution of the contract in accordance with the legal provisions concerning data protection.
10. Place of jurisdiction / Law of jurisdiction
Performance location for all claims arising from this Contract is Merseburg. Jurisdiction for all disputes arising from this Contract is also Merseburg.
This Contract shall be governed exclusively by the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG).
11. Severability clause
If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties have agreed to substitute the invalid provision with another which best fulfils the originally intended economic purpose. The same applies in the case of the presence of a lacuna.