§1 Legal basis and applicability
(1) These General Terms and Conditions apply to freight contracts with Pinoy Logistik and affiliated companies, hereonafter referred to as Pinoy Logistik.
(2) All contracts are based on the laws of the European Community (EC law), unless mandatory law or written individual agreements provide otherwise.
(3) In addition to these conditions, the prices of www.pinoylogistik.com apply in their current version. These can be viewed online at www.pinoylogistik.com.
(4) If these conditions are available in several languages, the German version is binding.
§2 Contractual basis and exclusions
(1) Subject to the provisions of paragraph (2), freight contracts are concluded through the handover of packages by or for the sender and are taken into the care of PinoyLogistik in accordance with these General Terms and Conditions. Different conditions must be agreed in writing. Conflicting terms and conditions are expressly rejected.
(2) Packages that meet the conditions listed below are excluded from transport by Pinoylogistik. A contract for the transport of such packages will not be concluded. Employees and representatives of PinoyLogistik are not authorized to conclude contracts for such packages:
Packages with content that require special facilities (e.g. temperature-controlled goods), safety precautions or permits for transport or storage or violate a legal or official prohibition, in particular export, import or customs regulations of the EU, the Philippines or transit countries .
Packages with content or external dimensions which could infect or injure people or cause property damage.
Packages containing live animals, animal carcasses, body parts or human remains.
Packages containing drugs or intoxicating substances.
Packages with an actual value of more than 1.000€. The liability limits according to §6 remain unaffected.
Packages containing cash, precious metals, checks or credit cards, telephone cards, bonds or other means of payment.
Packages whose recipients are included in sanction lists.
(3) If a package does not comply with the above written conditions or otherwise conflicts with these conditions, PinoyLogistik has the right to reject a package or to return a package that has already been handed over or to have it available for return. This also applies if there is suspicion of excluded goods or other breaches of contract if the sender does not provide the required information upon request from Pinoylogistik. PinoyLogistik is not obliged to check for exclusions in accordance with Section §2 (2), but is entitled to open and inspect packages in the event of suspicion.
§3 Services and obligations of PinoyLogistik
(1) PinoyLogistik transports the packages handed over to it and delivers them to the corresponding recipient in the Philippines. It is up to PinoyLogistik to commission domestic or foreign companies to transport the packages.
(2) PinoyLogistik guarantees the careful handling of the packages.
(3) Packages are transported “door-to-door”. The packages are picked up at the sender's address and delivered to the specified recipient address. Addresses in remote regions of the Philippines (remote areas), remote islands on the open sea (remote islands) and political crisis areas or areas with civil war conditions are excluded.
(4) The obligation to transport and deliver to the recipient only exists for packages for which the transport fee has been paid in full.
(5) Compliance with a deadline is not necessary.
§4 Rights, duties and obligations of the sender
(1) The sender must have his shipment ready at the agreed pickup time together with the completed shipping document(s). Package must be easily accessible to allow collection without overcoming obstacles and without mechanical assistance.
(2) The sender is responsible for packing his shipment carefully so that the contents are protected from damage and cannot cause damage to PinoyLogistik and third-party packages.
(3) The outer packaging and the inner packaging are the exclusive responsibility of the sender. Transport requires packaging capable of protecting goods from mechanical stress caused by automatic sorting systems and handling (fall height to the corner, edge or side of up to 50 cm) as well as from widely varying climatic conditions. It must also prevent access to the content without leaving any traces or clues. The sender must verify that the retail packaging meets these requirements.
(4) Prints on the packaging, such as the instructions “Caution glass” or “top/bottom” are non-binding and do not relieve the sender of the obligation to use transport packaging that meets the requirements of §4 (3).
(5) Packages that are severely bulged, or packages whose original packaging volume is significantly exceeded, are considered improperly packaged and will be billed according to “own packaging”.
(6) The sender must adequately label his shipment. Both sender and recipient are clearly legible in at least two places on each package.
(7) The sender must fill out the required customs contents declaration (packing list) completely and truthfully for each individual package and hand it over to PinoyLogistik together with the package. PinoyLogistik is not responsible for the contents of the shipment and documents. The sender bears sole responsibility and risk for all consequences resulting from unauthorized shipment of goods to the Philippines and violations of such regulations.
§5 Fee
(1) After placing the pick up order, the sender is obligated to pay the fee specified in the price list in accordance with the selected payment agreement.
(2) The fee must be paid in cash when the packages are picked up, unless a different payment agreement has been agreed upon. In any case, the transport fee must be paid upon collection at the latest.
§6 Liability for damage during transport
(1) PinoyLogistik is liable for loss of and damage to packages in accordance with the conditions as well as for culpable improper implementation only to the extent of the immediate damage typical for the contract and only up to a maximum limit of 300€. Damage or loss to items that are not noted on the export declaration will not be accepted under any circumstances.
(2) No liability is accepted for fragile items (e.g. glass, porcelain, ceramics, etc.). The sender is responsible for ensuring that such items are packaged in a shatterproof manner.
(3) PinoyLogistik is exempt from any liability for improperly packaged shipments, as well as for damage caused by circumstances that cannot be avoided even with the greatest care and from consequences which cannot be averted (strike, force majeure, confiscation, etc.).
(4) If damage to the content is suspected, e.g. if the packaging is noticeably damaged, this must be documented immediately and, if possible, in the presence of the parcel delivery person at the time the shipment is received.
§7 Undeliverable shipments, unpaid shipments
(1) The sender is obliged to mark his packages with a valid recipient address according to philippine standards and to pay the transport fee in accordance with §5. Costs resulting from an inadequately addressed shipment, e.g. through forwarding or other measures caused by the sender. The same applies to costs that arise because packages cannot be delivered because the transport fee has not yet been paid.
(2) The sender will be informed immediately if his shipment cannot be delivered. The shipment will then be stored for a maximum of 30 days until delivery or collection by PinoyLogistik.
(3) Packages that cannot be delivered within a reasonable period of time become the property of PinoyLogistik. Return shipment to the sender in Germany is excluded. The obligation to pay the transport fee remains unaffected.
§8 Other provisions
(1) Gaps in the regulations must be closed on the basis of applicable law through regulations that correspond as far as possible to the meaning and purpose of the provision.
(2) The ineffectiveness of individual provisions does not lead to their overall invalidity.