(1) The following GTC are an integral part of all contracts for the carriage of letters and letter-like mailing items (hereinafter: “Mailing Items”) by mailworXs GmbH (hereinafter: “mailworXs”) in the Federal Republic of Germany. This in particular includes the following services:
- Carriage of national and international letters - including letters with identical contents (mailing items for information purposes / Infopost), postcards and other letter items;
- Carriage of book shipments, addressed catalogues, addressed newspapers and magazines and other letter-like mailing items;
- Carriage of replies to advertisements;
- All types of bulk mail;
- Registered mail of all kinds, cash on delivery, address verification/notification, redirection of mailing items, returns, other additional services;
- Optimisation of fees for mailing items addressed to recipients not covered by the Products & Prices List.
(2) In addition to these GTC, the current version of the Products & Prices List shall apply.(3) Parcels shall be transported by the respective current cooperation partner of mailworXs. In this case, the GTC of the current cooperation partner shall apply in addition.
2. Contractual relationship
(1) Rights and obligations within the scope of these GTC shall be established by the conclusion of a carriage contract between mailworXs and the client. Generally, this contract shall be established by the handover of mailing items or their acceptance into the care of mailworXs or its commissioned service providers in accordance with these GTC. Any deviating conditions must be agreed upon in writing.
(2) If a mailing item do not comply with the current version of the Products & Services List or these GTC with regard to its characteristics (size, format, weight, etc.) or in any other way, mailworXs shall be free to
- refuse to accept the mailing item, or
- return a mailing item that has already been handed over/accepted, or
- make it available for collection, or
- transport the mailing item without notifying the client and to charge a corresponding additional fee.
(3) The right of mailworXs to reject a contract offer shall remain unaffected also in other cases, unless a legal obligation to accept the contract offer exists.
(4) The client may not derive any rights with regard to the conclusion of the contract, handling, fees owed, liability, etc. from the failure to object acceptance their mailing item and the carriage thereof, even if the client has marked it with a label that refers to a characteristic as set out in subsection 7 or a characteristic as set out in subsection 2 or has referred to such characteristic it in any other way.
(5) In principle, only the client may assert claims arising from such contracts, including liability, against mailworXs. By way of exception, the recipient shall also be entitled to assert claims in their own name in accordance with Section 421 of the German Commercial Code (HGB), provided that they fulfil the contractual obligations, i.e. in particular the obligation to pay the fee. The rights and obligations of the client shall remain unaffected in the case set out in sentence 2.
3. Subject matter of the contract
(1) The subject matter of the contract is the carriage of the mailing items of the client from one or more places of loading to the destination or destinations defined by the client.
(2) The delivery area attended to by mailworXs is defined in the Products & Prices List as amended from time to time. If mailworXs or its commissioned service providers are handed over items or if mailworXs accepts items that are to be delivered in areas that are not attended to by mailworXs and/or cannot be attended to by mailworXs, the client authorises mailworXs to pass them on to other delivery companies (e.g. Deutsche Post AG), if necessary, for a handling fee. Section 2, subsection 2 shall apply accordingly. In this case, a contractual relationship of the client regarding the carriage of the item(s) shall come into force solely with the respective other delivery company (e.g. Deutsche Post AG). This contractual relationship is then subject to the general terms and conditions of the respective delivery company, if applicable.
(3) The client authorises mailworXs and its employees, performing agents and vicarious agents to take back all mailing items that have entered the operational procedures of another delivery company (e.g. Deutsche Post AG), whether for the intended purpose or not, and to make all necessary declarations should this become necessary.
4. Duties and obligations of the client
(1) Instructions from the client regarding a special handling of the mailing item shall only be binding if they are given in the form specified in the Prices and Services List (additional services). The client shall, however, not be entitled to a claim with regard to the compliance with any instructions given to mailworXs after handover / acceptance of the mailing items, unless the instructions concern the redirection or recovery of the mailing items between the time of their collection and delivery. Sections 418 and 419 HGB shall not apply.
(2) The client shall incur a pick-up fee when using the pick-up service offered by mailworXs. The current fee can be found in the current Products and Prices List, which applies in addition to these GTC.
(3) If required, the client shall be responsible for obtaining information from mailworXs concerning options to ensure that any damages potentially suffered by the client in the event of loss, damage or other improper performance on the part of mailworXs are covered beyond the provisions set out in Section 11.
(4) The client shall ensure that each mailing item is labelled with an accurate recipient address and that the details of the sender can be seen from the outside. In addition, the client shall observe the rules of DIN 5008 regarding the address (full name, street, house number, postcode and city).
(5) The client shall pack the mailing items in such a way that they are wholly or partly protected against loss or damage.
(6) The client shall guarantee that no lettering, images, logos, etc. are printed and/or applied to the mailing items provided to mailworXs within the scope of a contractual relationship covered by these GTC, which could lead to mailworXs violating the rights of third parties due to the acceptance, commissioning, carriage, and/or forwarding of these mailing items, and that could consequently allow third parties may assert claims against mailworXs. The client shall fully indemnify mailworXs from all claims that third parties may nevertheless assert against mailworXs in this context. This indemnity shall in particular include the costs for warnings and court proceedings, legal defence costs, administrative fines and/or contractual penalties.
(1) Unless otherwise agreed between mailworXs and the recipient (in particular storage, forwarding), and provided that and the client has not made any advance arrangements to the contrary, delivery (service) shall be made to the address indicated on the mailing item by placing it in a facility which is intended for the recipient and has sufficient capacity (e.g. letterbox). The mailing item may also be personally handed over to the recipient, the recipient’s spouse or to a person who has been authorised by mailworXs in writing to accept the item (authorised agent for post / authorised recipient). mailworXs delivers mailing items with the additional services “registered mail with personal service”, “cash on delivery” and “personal service” only against confirmation of receipt and proof of authorisation to receive such mailing items. mailworXs reserves the right to request this proof also for other mailing items. Proof shall not be required if the authorised recipient is known personally.
(2) If it is not possible to deliver a mailing item in the manner specified in subsection 1, it can be handed over to a substitute recipient, with the exception of items with the additional service “personal service”. Substitute recipients include the recipient’s relatives, spouse and authorised representatives, the owner or landlord of the place of residence according to the address, the holder of a post office box or safe deposit box and the persons employed in such a business as well as other persons present on the recipient’s premises of whom it may be assumed under the given circumstances that they are authorised to receive the mailing item. With the exception of “registered mail” and “cash on delivery”, substitute recipients also include other residents at the recipient’s place of residence and neighbours. Mailing items sent with the additional service “personal service” will - apart from the recipient - only be handed over to a specially authorised person.
(3) If delivery according to subsections 1 and 2 is not possible, mailworXs shall make a second delivery attempt on the following business day or have this attempt made by another delivery company. This also applies if mailworXs cannot reasonably be expected to deliver the mailing item at the first delivery attempt due to extraordinary circumstances or special risks at the place of delivery.
(4) Undeliverable mailing items will be returned to the client at the agreed fee. Mailing items are considered undeliverable if no person authorised to receive the item as defined in subsections 1 and 2 can be is established, acceptance is refused, the recipient cannot be determined. The prevention of delivery via an installed receiving facility or the refusal to pay a subsequent fee or the cash on delivery amount shall also be deemed refusal of acceptance. Mailing items addressed to public authorities, legal entities, companies, communities or to persons in shared accommodation, public authorities and companies shall be deemed undeliverable if no person has been provided with a written authorisation to accept the items from mailworXs.
(5) If an undeliverable mailing item cannot be delivered or returned to the client as governed in subsections 1 to 3, mailworXs shall be entitled to open it. If the client or another authorised party cannot be identified even after opening the mailing item and delivery cannot reasonably be expected to be effected in any other way, mailworXs shall be entitled to sell the mailing item after six weeks. mailworXs may destroy unusable goods before this period expires.
(6) Delivery cannot be guaranteed in the event of incorrect spelling of the recipient’s address, incorrect or missing information, a move of the recipient, their death, refusal of acceptance or the lack of a suitable receiving facility.
(7) If it can be established that recipient to have moved, mailworXs will attempt to determine the correct address. If this is successful, mailworXs will make another deliver attempt within its own delivery area. If a correct address is determined, mailworXs reserves the right to charge a handling fee for seeking out the address. If a correct address cannot be determined, mailworXs will return the mailing item to the client no later than on the next working day after the day of the first delivery attempt.
(8) Unless otherwise agreed, mailworXs shall collect the client’s items for mailworXs and/or other delivery companies (see subsection 3) from Monday to Friday at the agreed pick-up location and transport them to a pick-up location of mailworXs or the respective other delivery company. If delivery on a date specified by the client has been agreed (delivery on schedule), mailworXs shall collect the items from the client and shall undertake the initial delivery of items on the date specified by the client. If there is no reason that conflicts with the guarantee of delivery, a delivery that is not made on time will result in non-billing or, in the case of erroneous billing in spite, in reimbursement of the agreed carriage fees. All mailing items scheduled for collection shall be handed over in the containers provided sorted by mailing method as well as according to format.
(9) mailworXs usually carries out its deliveries from Tuesdays up to and including Saturdays, but not on Mondays, Sundays and public holidays. mailworXs reserves the right to deliver on Mondays and public holidays in special and exceptional cases; however, there is no claims for delivery on these days.
6. Special regulations concerning carriage
The following special regulations apply to Infopost items (mailing items for information purposes) of 50 pieces or more as well as InfoPost items of 200 pieces or more for delivery in a specific region and 4,000 pieces nationwide, provided that no additional services pursuant to the Products & Prices List have been agreed and no other written agreements exist:
- The client must declare the mailing items in a special list and hand these over separately from other items sent via other mailing methods together with a sample.
- In this case, the mailing items cannot be retrieved or redirected.
- A target delivery time is not guaranteed.
- If the first delivery attempt is unsuccessful, no attempt will be made to make a second delivery.
- No recipients will be sought out in the event of undeliverable mailing items.
- mailworXs is not obligated to keep undeliverable items; i.e. these may be destroyed.
- As a rule, mailing items will be delivered within four working days of the posting date. This is a quality target and not a commitment to a specified delivery period.
7. Exclusion from carriage
(1) The following items are excluded from carriage: Mailing items,
- the contents, external appearance or carriage of which violate statutory provisions;
- the contents or external appearance of which could cause injury to persons or damage to property;
- the contents, external appearance or carriage of which require facilities which are not normally provided for mailing items within the meaning of these GTC;
- which contain cash, precious metals or unmounted precious stones, cheques or credit cards, valid telephone cards or other means of payment or securities which, in the event of damage, can neither be blocked or locked nor for which judicial call or replacement procedures can be implemented (class II valuables)
(2) If mailing items pursuant to subsection 1 are handed over to mailworXs or its commissioned service providers or are taken into care by mailworXs or its commissioned service providers without knowledge of the non-compliance with the prerequisite for carriage, all risks arising in connection with these mailing items and their carriage shall be borne by the client. In addition, mailworXs shall be entitled to return these mailing items to the pick-up location carriage forward at the expense of the client.
(1) The amount owed by the client to mailworXs resulting from the fulfilment of the contract is calculated based on the fees and payment periods in accordance with the currently valid Products & Prices List.
(2) The performing agents of mailworXs shall not be entitled to collect receivables by any means other than those agreed upon in the separate written contract of carriage (framework contract).
(3) mailworXs shall be entitled to request advance payments for fees and expenses from the client.
The client must submit any complaints about deficiencies in the carriage of items to mailworXs in writing within two days after the they have become aware of the existence of the deficiencies; otherwise there is no possibility for immediate inspection and rectification by mailworXs. Complaints received later than one week after the day on which the mailing item was delivered or should have been delivered can generally no longer be considered. Section 438 (5) HGB shall not apply.
(1) mailworXs shall be liable for damages resulting from culpable injury to life, body or health by mailworXs.
(2) In the event of other damages, mailworXs shall be liable to the extent that the damages result from an act or omission intentionally or recklessly committed by mailworXs or its performing agents and in the knowledge that such a damage would probably occur. In the event of a merely negligent breach of duty by mailworXs or its performing agents, the liability for other damages shall be limited to the foreseeable damage typical for the contract.
(3) mailworXs shall not be liable for incidental or consequential damages incurred in connection with the performance of the contract.
(4) Beyond this, the liability of mailworXs is excluded, unless mandatory statutory regulations provide otherwise. This also applies to ancillary breaches of duty and non-contractual claims.
(5) In deviation from Section 424 (3) HGB, mailworXs may demand reimbursement of the damage compensation paid in accordance with the preceding paragraphs after delivery of the mailing item in the event that a mailing item is recovered.
(6) If the client specifies a value of the goods upon conclusion of the contract and instructs mailworXs to take out a corresponding transport insurance policy, the terms and conditions of the insurer(s) shall apply in addition.
(7) For mailing items that are handed over to another delivery company (e.g. Deutsche Post AG) on behalf of the client (see section 3.2), mailworXs shall only assume liability until the mailing items have been handed over to this other delivery company.
(8) Agreements deviating from subsections 2 to 7 shall only be effective if they have been entered into between mailworXs and the client in writing.
11. Data protection, secrecy of post
(1) mailworXs is legally obligated to maintain the secrecy of post and to comply with data protection regulations. The employees and performing agents of mailworXs are subject to corresponding obligations.
(2) mailworXs agrees to refrain from any action that serves the purpose of advertising or acquiring clients, who have become known to mailworXs through the cooperation with the client, for its own or third parties’ purposes. mailworXs shall in particular neither directly nor indirectly, in whole or in part, use the address material provided to mailworXs for its own or third parties’ purposes and/or disclose it to third parties.
(3) mailworXs shall maintain confidentiality regarding internal matters of the client that have become known to mailworXs. This obligation shall continue to apply after termination of the contract.
(4) mailworXs shall commit the performing agents commissioned by mailworXs (e.g. commissioned service providers and/or other delivery companies) to compliance with subsections 1 and 2. Compliance shall be monitored.
(5) mailworXs GmbH is authorised to use the data collected in accordance with this section for its own marketing purposes and product-related surveys, provided that the client consents to the use of the data as required by law or the client has not expressly objected to the use of the data collected in accordance with this section. Objections can be declared at any time vis-a-vis mailworXs GmbH in text form.
12. Right of withdrawal / termination
(1) Both contracting parties may withdraw from or terminate the carriage contract for good cause. An important reason within the meaning of of this regulation is, among other things, the subsequent knowledge of the opening of insolvency, bankruptcy, bankruptcy or composition proceedings of the client. If mailworXs is responsible for the good cause, mailworXs shall not be entitled to receive any payment from the client for the service or partial service not yet rendered. If the client is responsible for the good cause, they shall, without prejudice to any other legal obligations, pay the intended fee for the service applicable up to that point according to the Products and Prices List of mailworXs on which the carriage contract is based, but at least 20% of the total order value, unless the client can prove that costs were incurred in a lesser amount.
(2) Events of force majeure and circumstances beyond the control of mailworXs that make it impossible to fulfil the order or excessively difficult, such as strikes, lockouts or mobilisation, war, war-like conditions, blockades, import and export bans, traffic blocks, official measures, energy and raw material shortages, etc. shall entitle mailworXs to postpone the carriage for the duration of the hindrance, even if this results in a delay. In the case of a not only temporary hindrance or impediment to performance, mailworXs may withdraw from the contract in whole or in part due to the unfulfilled part of the contract. The right to postpone or withdraw from the contract exists regardless of whether the events mentioned in sentence 1 or 2 occur at mailworXs or a performing agents. The exercise of this right by mailworXs shall not give rise to any claims for damage compensation on the part of the client. Section 10, subsection 1 remains unaffected.
(3) In the cases set out in subsection 2, the client is entitled to withdraw from the contract if they can prove that the complete or partial fulfilment of the contract is no longer of interest to them due to the delay. Withdrawal with respect to partial services already provided by mailworXs shall be excluded.
(4) A termination by the client in accordance with Section 415 HGB after handover/acceptance of the mailing item to/by mailworXs is excluded.
13. Franking service
(1) The franking of the client’s mailing items for delivery by another delivery company (e.g. Deutsche Post AG) shall be carried out by mailworXs on behalf and for the account of the client. mailworXs shall pay the postage fees incurred by the other delivery company (e.g. Deutsche Post AG) in advance and pass them on to the client.
(2) All mailing items are to be delivered sorted according to products, formats and carriage fees in size 1 or 2 letter containers in accordance with the specifications of Deutsche Post AG.
(3) The client is obligated to pay the fee incurred for franking their mailing items.
14. Other provisions
(1) Claims against mailworXs may neither be assigned nor pledged. Exceptions to this are claims for damage compensation and reimbursement of service fees, which can be assigned but not pledged.
(2) The client shall not be entitled to offset claims of mailworXs or to assert rights of retention unless the client’s claims have been legally established or recognised by mailworXs.
(3) The place of performance and exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these GTC shall be Würzburg.
(4) These GTC shall apply exclusively to all contracts concluded between mailworXs and the client. Other terms and conditions shall not become part of the contract, even if mailworXs has not expressly objected to them.
(5) Should any provision under these GTC be or become invalid, this shall not affect the validity of the remaining
Last updated: 12/ 2018