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General terms and conditions

The following terms and conditions of Frachtbox Schweiz GmbH apply exclusively to all services arising from this contractual relationship. General conditions and conditions of the user are non-binding even if Frachtbox Schweiz GmbH does not expressly contradict them. Our General Terms and Conditions are subject to occasional amendments and changes and apply to all our services provided by any means of communication. By accessing our homepage and using our platform, you confirm that you have read, understood and agree to the general terms and conditions listed below (including the data protection provisions). The content and structure of the pages offered by us through these pages and this website are owned and operated and made available by Frachtbox (Schweiz) GmbH and are for your use only in accordance with the terms and conditions set out below. The relationship we have with the carriers is governed by individual terms and conditions. Each offer/transport provider acts in a professional manner towards Frachtbox (Schweiz) GmbH when making its product and/or service available on or through Frachtbox (Schweiz) GmbH. Please note that the carrier may have its own terms and conditions (for delivery/transportation/use) and terms and conditions for the carriage of the transports, declared applicable and/or required - in addition to the guidelines and small print as disclosed on the website.

0. subject of the contract

"Frachtbox Schweiz GmbH is a limited liability company subject to Swiss law and registered at the address in Switzerland. The "Platform" is the website on which the Offer Service owned, controlled, administered, maintained and/or hosted by Frachtbox Schweiz GmbH is made available. For this purpose, Frachtbox (Schweiz) GmbH makes a platform available to the carrier for a fee. Frachtbox Schweiz GmbH can agree an individual fee with each individual entrepreneur for this purpose. "Offer providers" are the transport providers (e.g. by truck, Sprinter bus, train, ship and plane) and any other transport or similar products or services which are occasionally available on the platform for booking. The "Offer Service" is the online query of prices, reservation, payment or booking service offered or enabled by Frachtbox (Schweiz) GmbH regarding the various products and services occasionally available on the Platform from transport providers. Access to our platform can only be achieved with the help of the Internet connection or online connection. Exceptions are times when the servers used by Frachtbox (Schweiz) GmbH cannot be reached due to technical or other reasons beyond our control, or when access disruptions are not unavoidable or possible.

1. scope and nature of our services

Through this platform, we (Frachtbox Schweiz GmbH and its partners) provide an online platform through which transport providers, in their professional capacity (i.e. B2B or B2C), can advertise, market, sell and/or offer for sale, reservation and booking their products and services (if applicable) and through which relevant visitors to this platform can contact the carrier directly and confirm or purchase, compare and carry out the booking or reservation with the carrier by means of an external e-mail. By using the Transport Service (e.g. by sending a booking directly to the Carrier by email and if confirmed by the Carrier), you enter into a direct (legally binding) contractual relationship with the Carrier from whom you book or purchase a product or service. We will not act as an agent from the time you book your transportation. Frachtbox (Schweiz) GmbH does not sell, rent or offer any products or services of the transport provider and is not liable for its service, quality or any liability towards the provider or the injured party. We merely act as an online platform. The information displayed on our platform as offers or prices is entered and administered directly by the transport companies themselves on our platform by means of a user account. The transport providers who market and advertise their prices on our platform have access to our systems and extranet and are therefore solely responsible for ensuring that the rates/fees/prices, availability, policies and terms and conditions and other important information listed on our website are constantly updated. Although we take great care and diligence in selecting our transport providers, we cannot verify and warrant that all information is accurate, correct and complete, nor can we be held responsible for errors (including obvious errors or typographical errors), interruptions (due to temporary and/or partial breakdown, repair, update or maintenance work on our website or otherwise), inaccurate, misleading or untrue information or failure to transmit the information. Each carrier remains responsible for the accuracy, completeness and correctness of the (descriptive) information (including rates/prices/fees, policies & terms and conditions and availability) on our website at all times. Our website does not and should not be construed as a recommendation or endorsement of the quality, level of service, qualification or experience of any available transportation provider (or its equipment, vehicles, (primary or secondary) products or services). Our services are available for use by all consumers (B2B or B2C). However, you may not, for commercial or competitive purposes, distribute, link to, use, reproduce, extract, republish, upload or reproduce any content or information, software, products or services available on our Website. It is that a separate permission of Frachtbox Schweiz GmbH is available.

2. prices, crossed out prices

The prices offered by the transport providers on our site are highly competitive and in line with market prices. All prices for your shipments will be displayed including all charges and fees unless otherwise noted or stated in your carrier's confirmation. All quotes are per trip and are subject to validity, expiration date and seasonal variations. It is therefore advisable to have the quote and booking confirmed by the carrier. From time to time, our website may show more favourable prices for certain routes for one or another relation. These prices set by the transport providers may be subject to special conditions, for example with regard to the departures of particular weeks or days. Before booking, please check carefully whether the product, service or booking terms are subject to such separate terms and conditions. The crossed out price is based on the current departure of the carrier for that week up to a certain date. For example, if the transport provider still has space on his truck and wants to fill it with cheaper rates. Neither the transport provider nor Frachtbox (Schweiz) GmbH can be held accountable for damages. It is based on the supply and demand market principle. If the transport provider has already filled his truck with other goods in the meantime, he cannot be held liable for the spot offer or forced to replace it. This is unless there is a separate agreement between the carrier and the shipper/client. In this regard, compensation for damages and any claims shall be claimed directly from the carrier. Frachtbox (Schweiz) GmbH does not assume any liability for damages nor can it be held accountable. All special offers and promotions are marked as such. If they are not marked as such, you cannot derive any rights from them if they are obvious errors.

3. data protection

When you visit our website www.frachtbox.com, information about your access (IP address, date, time, page viewed) may be stored. Please note that this data does not belong to personal data. These are anonymous. Frachtbox (Schweiz) GmbH evaluates them exclusively for statistical purposes and system security. It is not passed on to third parties for commercial or non-commercial purposes. Your data can only be disclosed to state authorities and institutions if we have received a written request from the responsible institutions and only if these are required by law. . By the voluntary registration and input of your personal data on our website www.frachtbox.com under circumstances a separate and specific care of the customer relation takes place. Of course, the customer/user can, upon written request, be informed of any data or can independently view his own data on our website by means of his account (user and password). If necessary, this data can be blocked independently or deleted definitively. Through the use of Google Adwords, remarketing, cookies are used by third parties or cooperation and remarketing partners to place ads on the basis of visitors and algorithms. The use of cookies by Google® can be independently deactivated by users by calling the page to deactivate Google advertising. The use of cookies by third parties can also be deactivated by the user himself/herself by visiting the deactivation page of the network advertising provider. We expressly point out that data transmission on the Internet, EDI, e-mail, communication through and by e-mail have security gaps and cannot be completely protected against access by third parties.

4. free of charge for consumers, only transport providers pay!

Unless otherwise stated, our services for consumers are free of charge. We do not charge the user of our platform for the quotes/price search and no additional costs will be charged by Frachtbox (Schweiz) GmbH to the consumer. You pay the applicable amount to the transport provider as stated in the booking (and, if not already included in the price, any applicable taxes, levies and additional charges). By using our platform, the carrier enters into an individual contract with Frachtbox (Schweiz) GmbH (per branch or branch office) and pays an annual membership fee to Frachtbox Schweiz GmbH. In return, the transport company can place as many offers on our platform as it wishes. The more transport offers are stored for several routes, the more chance the consumer/customer has of being found and booked. Transport providers can increase their placement by purchasing by-products from Frachtbox (Schweiz) GmbH and thus increase performance (presence and product placement). The use of (increase of the contributions for an increased placement in the search results) is at the discretion of each transport provider and can be used from time to time for different offered products. The placement algorithm takes into account an increase in contributions to the default placement setting. Preferred cooperation partners pay a higher premium and in return receive a better position in the search results. Only transport providers who have a (contractually regulated) business relationship with Frachtbox (Schweiz) GmbH are available via the platform (for their B2B and/or B2C advertising of their product). Frachtbox (Schweiz) GmbH is not an open platform on which end users can make their products available. Frachtbox (Schweiz) GmbH does not allow unprofessional parties to offer or sell their products on or via Frachtbox (Schweiz) GmbH. An impeccable check (of the creditworthiness or seriousness of the entrepreneur) is unfortunately not given here. Therefore Frachtbox assumes no liability.

4.1 Membership and prices for carriers

Membership on our platform Frachtbox (Schweiz) GmbH is due in advance at the beginning of the period of use and should reach Frachtbox within one week at the latest. The membership price is valid for one year. Additional services such as the "Preferred Entrepreneur Program" are due immediately. Any additional costs of the payments shall be borne by the carrier. Except for statutory charges. A right of the transport company to compensate or withhold its services due to counterclaims is excluded. Frachtbox (Schweiz) GmbH is entitled to adjust the annual price of the agreed amount for the use of the Frachtbox platform annually. The adjustment of the increase of the usage price will be announced by Frachtbox to the carrier or payee user of the platform at least 4 months before termination of the contract. Should Frachtbox (Schweiz) GmbH not make use of the right to a price increase, this does not constitute a waiver of the right as such. An advance payment does not grant a price guarantee or the right of use for the period paid in advance.

5. credit card or bank transfer

Where applicable and where available, some transport providers offer credit card payment (in full or in part, in accordance with the transport provider's payment policies) to customers/consumers during transport bookings. Payment is made during transport bookings by means of a secure online payment (as part of the service offered by your bank). Frachtbox (Schweiz) GmbH does not process or accept any payment transactions for and on behalf of the transport provider. (Frachtbox (Schweiz) GmbH does not act as a contractual partner under any circumstances. Each payment that is processed for and transferred to the transport provider is in any case the booking price or a part of the booking price that you pay for the corresponding product or service in the final invoice of the (partially) due and payable price. This amount paid cannot be reclaimed by you. Please note that certain (non-refundable) prices or quotes on the Transport Bookings may require immediate payment by bank transfer (where possible) or credit card, and thus may require pre-authorisation or charging of your credit card (sometimes without the possibility of a refund). Please check the details of the selected product/service carefully with regard to any special provisions before making and confirming the transport booking. Frachtbox (Schweiz) GmbH is not responsible and is not liable for any (authorized, (allegedly) unauthorized or incorrect) charge made by the transportation provider and you may not (re)claim any valid or authorized charge made by the transportation provider from your credit card (including for prepayments, non-loading and cancellations subject to payment). In the event of credit card fraud or misuse of your credit card by third parties, Frachtbox (Schweiz) GmbH will not be liable for any damages and cannot be held responsible. We recommend that you agree the delivery conditions COD (Cash on Delivery) with unknown transport providers. In the event that your credit card company or your bank is charged with misuse of our website by a carrier, we ask you to notify us immediately so that we can block the carrier from our platform or request the defendant to comment.

6. prepayment, cancellation, and small print

By booking with a Carrier, you accept the Carrier's cancellation and non-loading terms and conditions and any additional Carrier's (delivery) terms and conditions that may apply to your shipments (including the small print provided by the Carrier on our platform and the Carrier's terms and conditions), including services and/or products offered by the Carrier. You may obtain the specific terms and conditions (delivery/booking or terms and conditions) of a transportation provider from the respective transportation provider. The general terms and conditions of each Carrier relating to cancellations and non-loading will be mentioned on the Carrier's information pages on its website or in the remarks of the Offer, during the booking process and in your confirmation email or booking confirmation. Please note that certain prices, fees or offers may not be canceled, refunded or changed. In the event of non-loading or cancellation, cancellation fees may still be charged by the carrier for loss of empty space. Before booking, please carefully check the details of your chosen product or service with regard to any special provisions. Please note that a deposit or advance payment (in whole or in part) of a transportation booking may not be refundable (without prior reminder or reminder) in the event that the relevant (outstanding) amount cannot be collected in full and on time in accordance with the applicable payment policies of the transportation provider and booking. Cancellation and prepayment terms vary depending on the relation, product or service of each carrier. Please carefully check the small print (at the bottom of each Carrier's page on our platform, if applicable) or, if applicable, on its website and the Important Information in your Booking Confirmation on any additional Carrier's terms (e.g. on Departures, Damage Deposit, Non-Cancellability/Additional Charges for ADR - Dangerous Goods, CiT, Convoy Charges etc. and/or for Credit Card Payment). You are responsible for and at risk of late payment, incorrect bank details, incorrect debit or credit card information, invalid credit or debit cards or insufficient funds in your account. In such cases, you will not be entitled to a refund of the prepaid (non-refundable) amount unless the transportation provider allows this under its (pre)payment and cancellation policies. If you wish to review, change or cancel your booking, please take your confirmation email with you and notify the Carrier immediately (in writing would be advisable). Please note that you may be charged a fee or are not entitled to a refund of the amount paid (in advance) in accordance with the Carrier's cancellation, (advance) payment and non-loading policy. We recommend that you carefully read the Carrier's cancellation, (advance) payment and non-loading policy before booking. Please remember to make payments on time, as these may be necessary for the reservation of the hold. If you load late or late on the day of loading, or only on the following day, inform the carrier (promptly/immediately) so that they know the exact loading date and when you are likely to load. Thus, if a cancellation of your transport (booking) or the calculation of a fee for cancellation or empty trip can be avoided. Frachtbox (Schweiz) GmbH assumes no liability or responsibility for the consequences of your late loading or any cancellation or charge for non-loading by the carrier.

7. (Further) communication and correspondence

By completing your transport booking and receiving an e-mail sent to you by the transport company, you accept its general terms and conditions and other data (prices and delivery conditions as well as the acceptance and destination of the goods to be transported). Frachtbox (Schweiz) GmbH assumes no liability or responsibility for any communication by or with the carrier on or through the Platform or any bilateral correspondence between the customer and the carrier. You may not assert any rights in respect of any enquiry, communication with the Carrier or (any form of) confirmation of receipt of any communication or enquiry. Frachtbox (Schweiz) GmbH cannot guarantee that requests or communications will (promptly) be read/received/performed/executed/accepted by the transport provider. In order to complete your transport booking completely and securely, it is advisable to provide your correct e-mail address, telephone number, address and all information relevant to the goods to be transported and to inform the carrier and, if necessary, to call directly by telephone and also to make sure that your booking has arrived at the correct person. Frachtbox is not responsible or liable for, and has no obligation to verify, any incorrect or misspelled email addresses or incorrect phone numbers or credit card numbers. Any claim or complaint against the carrier to be carried regarding billing, damage or liability must be made immediately and in writing to the carrier. It is advisable to immediately notify the Contractor in writing of the visible damage to the goods delivered, on the basis of the list of defects, with pictures and a detailed description on the CMR (International Consignment Note) at the time of acceptance of the goods under the heading "Remarks". (1 copy of the CMR signed by the driver has to be kept in your files) Hidden defects have to be reported late. Within 7 days the entrepreneur will be notified in writing and held liable. Any claim or complaint sent after this period can be rejected by the carrier and the claimant loses his right to any compensation. Frachtbox (Schweiz) GmbH cannot be held liable or held responsible for any damages. Frachtbox acts neither as an intermediary nor as a carrier. Your claim for damages must therefore be directed to your contractual partner or carrier in a timely manner.

8. preferred Transport Companies

In certain cities and regions, Frachtbox (Schweiz) GmbH offers the Preferred Companies Program to display certain transport providers before other transport providers in the default setting "Frachtbox (Schweiz) GmbH recommends", provided that the transport provider fulfills and complies with the conditions of the Preferred Entrepreneur Program. The Preferred Carriers are marked in the list under the first 10. The transport provider pays a higher contribution for this high ranking. Only transport providers that meet and comply with certain qualification criteria can be considered as Preferred Entrepreneurs. We reserve the right to arbitrarily adapt, refuse or remove any carrier that violates our policies or does not identify with our corporate philosophy. Frachtbox (Schweiz) GmbH does not compensate for the price already paid by the carrier for the annual fee or the preferred entrepreneur program, nor does it make any refunds. Transport provider is entitled to terminate the partnership for any reason whatsoever (including in the event of breach of contract and bankruptcy), taking into account the relevant notice period at the end of the year with 3 months' notice.

9. exclusion of liability

In accordance with the provisions of these Terms and Conditions and within the limits of the law, we will not be liable for any damages incurred by you as a result of failure by our contractors to perform your services. Frachtbox warrants that our platform is intended for use to the agreed extent. Data, prices, bookings, free capacities, which are made available on our platform by transport companies, serve only as a non-binding recommendation. A possible liability of Frachtbox (Schweiz) GmbH is excluded. Frachtbox does not assume any liability for the topicality, correctness or completeness of the data provided by the transport companies, nor for the functioning of the EDP connection between Frachtbox (Schweiz) GmbH and the environment of the transport company. In particular Frachtbox (Schweiz) GmbH assumes no liability for damages caused to each other by different contractual partners (transport providers, customers, consumers, etc.) for harmful software, programs (viruses, Trojans, etc.) or transferred in attachments or transferred in descriptions and distributed further. The EDP user is responsible for his own security in the EDP transmission. Within the scope of the legal regulations neither we nor our members nor the members of the board of directors, managing directors, employees are liable for compensation obligations, concrete or indirect damages as well as consequential damages, loss of contract, loss of business reputation, loss of claim, inaccuracies regarding the information on the transport provider as provided on our website, the services offered or the products of the transport provider or other business partners, any damages (indirect, direct, consequential or exemplary) and losses or costs incurred by you arising out of or in connection with the use, inability to use or delay our website, or (personal) injury, death, property damage or other damages (indirect, direct, special, consequential or exemplary) and losses or costs incurred by you; whether such acts, errors, omissions, (gross) negligence, wilful misconduct, omissions, non-performance, inaccuracy, unlawful acts or negligence (in whole or in part) are attributable to the Carrier or any other of our business partners (its employees, management, employees), its agents, agents, subcontractors or affiliates) whose products and services (directly or indirectly) are made available, advertised or offered on or through our website, including (partial) cancellations, overbooking, strikes, acts of God or other events beyond its reasonable control. The carrier and the consumer/customer indemnify Frachtbox against all liabilities arising from the carrier's failure to use the platform in accordance with the terms of this contract. Frachtbox (Schweiz) GmbH is not responsible (and disclaims all liability) for the use, validity, quality, suitability, and disclosure of the transports and makes no representations, warranties or conditions of any kind, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the respective transportation provider is solely responsible and liable for the booking and transportation (including any warranties and representations made by the transportation provider). Frachtbox (Schweiz) GmbH is neither a contracting party nor an intermediary to a contract concluded with the help of the Platform. Frachtbox does not guarantee in any way a possible execution of the agreed contract between the transport provider and the consumer or the achievement of an economic success. The Carrier shall check the accuracy of the data and information provided to it by third parties with its own diligence. Complaints or claims regarding the transport (including with regard to the price offered (special offer), guidelines or special enquiries from customers) must be dealt with by the transport provider. Frachtbox (Schweiz) GmbH is not responsible (and disclaims any liability) for any complaints, claims or (product) liabilities. You acknowledge and agree that in all cases the carrier is responsible for the collection, retention, payment and settlement of the charges incurred in respect of the total price (of the shipment).

10. intellectual property

Unless otherwise stated, the software of our platform "www.Frachtbox.com, which is used for our services and, as well as the intellectual property (including copyright) in the content and applications on our platform is the property of Frachtbox (Switzerland) Ltd. Frachtbox (Schweiz) GmbH has exclusive ownership of all rights, title and interest in and to all intellectual property, appearance and design of the Platform through which the Service is available. You may not copy, advertise, market, combine or otherwise use any content or the Frachtbox (Schweiz) GmbH trademark without our written permission. Any unlawful use and any of the above acts or conduct constitutes a material infringement of our intellectual property rights and will be punished by law. The general terms and conditions and the provision of our services are subject to Swiss law. All disputes arising from the contract as well as the General Terms and Conditions shall be the place of performance and jurisdiction in Basel. Swiss law applies.

11. other

Should one of the contractual provisions be ineffective or not enforceable or binding, the effectiveness of all other provisions or agreements shall not be affected thereby. The contracting parties undertake to replace the ineffective provisions within the framework of the statutory provisions by an effective agreement which comes closest to the purpose of this contract for the ineffective provisions or non-executable provision.