Terms and Conditions

§ 1 Scope of Application

These terms apply to all services provided by BWS IT GmbH (hereinafter referred to as "BWS") via its online platform shippinglabel.de, either independently or in cooperation with third parties.

§ 2 General Provisions

• Each user or company representative may register only once and may create only one user profile.
• The Shippinglabel service by BWS IT GmbH is intended exclusively for business customers of transport companies who already possess valid business access credentials that allow label creation.
• The user must ensure that their account is not misused. In particular, it is the user's responsibility to keep login credentials confidential and prevent unauthorized access. If any misuse is suspected or known, the user must report it immediately to BWS IT GmbH. BWS IT GmbH is not liable for misuse of accounts by third parties.
• Free additional features or services may be discontinued by BWS IT GmbH at any time without prior notice. No claims for compensation, refund, or damages may arise from this.

§ 3 Contract Conclusion and Subject Matter

• The contract is concluded with:
  
  BWS IT GmbH
  Am Alten Güterbahnhof 10
  50825 Cologne
  Germany
• Registration is carried out exclusively online via a registration form. Only natural persons of legal age with full legal capacity are permitted to register on shippinglabel.de.
• Unless otherwise individually agreed, the contract is concluded upon confirmation by email or activation by BWS IT GmbH. These general terms apply even in the case of verbal or telephone confirmation.
• Upon contract conclusion, BWS IT GmbH also acts as a data processor in accordance with the German Federal Data Protection Act and the GDPR. A standardized data processing agreement comes into effect at the same time unless otherwise agreed.
• There is no entitlement to the conclusion of a contract. BWS IT GmbH reserves the right to reject any contract request without stating reasons.
• The subject of these terms is the use of the Shippinglabel member area and related services. Shippinglabel is a software solution that allows users to generate shipping labels for various logistics companies based on their own business credentials with those carriers.

§ 4 Duration and Termination

• The user may terminate their account at any time. Deleting or requesting deletion of an account does not entitle the user to a refund.
• BWS IT GmbH may delete a user account at any time if the user violates these terms. In such cases, especially due to misuse or illegal activity, there is no entitlement to a refund, including of unused credit.

§ 5 Prices and Payments

• All prices are subject to the applicable German VAT, unless stated otherwise.
• BWS IT GmbH may adjust its pricing at any time, even without user consent. Users will be informed of price changes at least three days in advance via email.
• BWS IT GmbH offers a quasi-monetary account balance (hereinafter referred to as "credit"). This is not a bank account or an official means of payment. Credit can be used to purchase services and topped up via PayPal or other accepted payment methods.
• If a label is canceled or not used for shipping, no refund will be given for the label cost.

§ 6 Data Protection

• BWS IT GmbH may store data related to specific orders electronically and process it for operational purposes in compliance with legal regulations.
• Personal data will be collected, processed, or used only as far as necessary for account management and as permitted under the GDPR or other applicable laws.
• More details can be found in our Privacy Policy.

§ 7 Liability

• All user claims for damages, regardless of legal basis, are excluded unless caused by gross negligence or intentional breach of duty. In the case of minor negligence of essential contractual obligations (cardinal duties), liability is limited to foreseeable damages. BWS IT GmbH is not liable for simple negligence. This also applies to acts by its legal representatives or vicarious agents.
• This limitation does not apply to damages to life, body, or health, product liability claims, or if BWS IT GmbH has assumed a guarantee.
• BWS IT GmbH is not liable for delays or non-performance due to force majeure, such as war, natural disasters, power outages, or sabotage (e.g., viruses), including failures of third-party networks.
• In the event of data loss or destruction, liability is limited to the cost of restoring data from proper backups maintained by the user.
• BWS IT GmbH accepts no liability for damages caused by software errors, malfunctions, incomplete or interrupted data transmissions, incorrect processing results, or other technical disruptions, unless such damages are due to intent or gross negligence. The same applies to damages resulting from improper use of the software by the user, in particular through repeated triggering of functions or disregard of operating instructions. The user is obliged to verify the plausibility of the software’s output (e.g. generated labels, reports, or orders) before further use.

§ 8 Right of Withdrawal

• The user has the right to withdraw from the contract within 14 days without giving reasons. The period begins upon contract conclusion. The withdrawal must be declared via a clear statement (e.g., letter or email).
• The user may use the attached sample withdrawal form, though this is not mandatory. The form or any other declaration can be sent via email to support@shippinglabel.de. A confirmation will be sent upon receipt.
• Consequences of Withdrawal If you withdraw from the contract, any remaining balance on your account will be refunded within 14 days of receipt of the withdrawal. The refund will be issued using the same payment method as the original transaction unless agreed otherwise. No fees will be charged for the refund.
• Any services used during the withdrawal period will not be refunded.
• Sample Withdrawal Form
  • – I/we hereby withdraw from the contract concluded by me/us (*)
    – Email used for registration
    – User address
    – User signature (only for postal submissions)
    – Date

§ 9 Miscellaneous

• BWS IT GmbH may amend these terms for operational, legal, or other reasons. Users will be notified via appropriate channels (e.g., email). If no objection is made in writing within one month, the changes are considered accepted. Users will be informed of this when notified.
• BWS IT GmbH may update or change the platform at any time without user consent, as long as the contractual services are not unreasonably affected.
• If any provision of these terms is or becomes invalid or unenforceable, the remaining provisions shall remain in effect. A legally valid replacement provision should be adopted that most closely reflects the intent of the invalid clause.
• The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Our email address is listed in our legal notice. We are neither obligated nor willing to participate in dispute resolution proceedings.
• All legal relationships shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
• Place of jurisdiction is Cologne, Germany.

Effective as of March 20, 2020