General Terms of Service
1. This Agreement
1.1 Purpose
This agreement constitutes a legally binding document outlining the rights and responsibilities of Shipmondo ApS (hereinafter referred to as “Shipmondo“) and the customer (hereinafter referred to as “the Customer“) regarding the use of Shipmondo's services, including, but not limited to, Shipmondo's shipping solution and freight services.
1.2 Effect
The Customer's acceptance of these terms is considered to establish a legally binding agreement between Shipmondo and the Customer.
1.3 Amendment
Shipmondo reserves the right to change these terms at any time. Similarly, Shipmondo reserves the right to amend these terms in accordance with changes in applicable legislation.
The current terms will also be available on our website. If the Customer continues to use Shipmondo after any changes, it is considered that the Customer has accepted the new terms.
2. Contractual Capacity
These terms and conditions become effective upon the Customer's acceptance and form the basis for the Customer's relation to Shipmondo.
3. Contact
The seller in connection with these terms is:
Shipmondo ApS
Hvilehøjvej 25
5220 Odense SØ
Denmark
VAT No. 36 39 90 66
4. Shipmondo's Services
4.1 Who Can Use Shipmondo?
Shipmondo is a service for businesses. To use Shipmondo, the Customer must have a registered company with a valid and active VAT number.
Services purchased through Shipmondo may only be used for the customer's own distribution and not for resale.
4.2 Questions About Freight Handling
Shipmondo is neither a carrier nor a freight forwarder, thus it does not handle the physical freight. Consequently, any inquiries regarding freight should be directed to the carrier used. This includes, but is not limited to:
- Questions regarding shipping status
- Expected delivery times
- Failed parcel collection by the carrier
- The individual carrier's terms and conditions
4.3 Web Services
Shipmondo provides a range of services for free to the Customer including, but not limited to:
- API services
- Integrations
- Freight modules
- Return portals
Access to Shipmondo's services requires being an active customer and booking shipments through Shipmondo's freight platform, provided Shipmondo supports the carriers used.
Shipmondo reserves the right to close a customer's account without prior notice if they utilize Shipmondo's web services without booking their shipments through Shipmondo.
When using Shipmondo's services, the Customer is prohibited from modifying the solutions or altering their appearance, including removing Shipmondo's logo. In case of violation, Shipmondo reserves the right to close the account without prior notice.
5. Use of Shipmondo with Own Freight Agreements
This section describes the terms for purchasing and using shipping labels from Shipmondo when the Customer uses their own freight agreement.
5.1 Cancellation Right
When ordering the setup of own freight agreements, purchasing shipping labels through own freight agreements and related additional services, or purchasing address labels, there is no right of withdrawal.
6. Use of Shipmondo with Shipmondo's Freight Agreements
This section describes the terms for purchasing freight services and using shipping labels from Shipmondo.
In the event of violation of these terms, Shipmondo reserves the right to invoice the Customer according to the applicable rates.
6.1 Compliance with Carrier's Requirements
Shipmondo facilitates freight services from a range of carriers, the list of which can be found on Shipmondo’s web portal (login required).
Shipmondo does not handle the physical freight and is therefore neither a carrier nor a freight forwarder.
When the Customer purchases freight services through Shipmondo and accepts Shipmondo's terms and conditions, the Customer also accepts that the Customer is responsible for complying with the respective carrier's requirements for the shipment. This includes, but is not limited to:
- Parcel requirements
- Dimensional requirements
- Packaging requirements
- Claims procedure
- Compensation for damage or loss
6.2 Cancellation Right
By accepting these terms, the Customer acknowledges that unused shipping labels purchased via Shipmondo's freight agreements, can be canceled within 14 days from the purchase date. An exception applies to dao, where the right of cancellation is 10 days.
6.2.1 Cancellation of a Danske Fragtmænd Shipment
For cancellation of a shipment ordered with Danske Fragtmænd, the Customer must contact Danske Fragtmænd by phone to cancel the pickup. A canceled pickup is a prerequisite for canceling the shipment and crediting the purchase.
6.2.2 Cancellation of Multi-parcel Shipments
Cancellation is only possible for all the shipping labels in the respective multi-parcel shipment. Therefore, when purchasing multiple parcels, a condition for cancellation is that none of the shipping labels in the shipment have been used.
6.3 Reuse of Shipping Label
It is not permitted to reuse shipping labels purchased through Shipmondo.
Violation of this policy will result in a fee (see rate in the overview of fees/additional services), and the parcel in question will be returned to the sender automatically.
6.4 Subsequent Billing
After the shipment has been handled by the respective carrier, the actual weight and/or dimensions of the shipment are determined, along with the conditions for delivery. These are then compared with the data entered at the time of ordering. Any discrepancies result in a charge for the price difference up to the actual weight. Note that no extra fee is applied, only the price difference up to the correct weight.
Subsequent billing may include, but is not limited to:
- Differences in weight/dimensions (parcel weight, length, width, and height)
- Parcels requiring manual handling
- Commercial Parcels sent to private addresses
Subsequent billing typically occurs within 90 days from the shipment's dispatch date, but in some cases, it may also occur later. Refer to section 8 for details on how subsequent billing is processed.
6.5 Objection to Subsequent Billing
The Customer always has the opportunity to dispute a subsequent billing. In such cases, the billing will be paused while Shipmondo contacts the carrier for further investigation. If the carrier approves the dispute, the billing will be canceled. However, if the carrier rejects the dispute, the additional charge will be reactivated, and the payment will automatically be deducted from the Customers account.
6.6 Address Information on Shipping Labels
The Customer is fully responsible for ensuring that the purchased shipping label contains correct and sufficient information and is properly attached to the shipment, making it visible to the carrier's employees, and ensuring that the parcel can be machine sorted/scanned by the carrier's systems.
In case of errors in the address information or if the physical shipping label is defective, not readable or scannable, the Customer will be charged for a manual handling fee according to the carrier's applicable rates.
6.7 Validity of Shipping Labels
Shipping labels purchased through Shipmondo's freight agreements have a standard validity period of 7 days from the purchase date. However, some carriers/freight products offer a longer validity period, which is outlined in our Help Center.
Using an expired or credited shipping label will result in a fee (see rate in the overview of fees/additional services).
6.8 Use of Return Portal with Shipmondo's Freight Agreements
The Customer can set up a Return Portal, which can be made available to the Customer's customers (hereinafter referred to as “the User“) for handling returns.
When using the Return Portal, it is a requirement that the receiver address be a business address.
Failure to meet this condition may result in Shipmondo closing the respective Return Portal without prior notice.
The Customer is responsible for informing the User about the requirements for the return parcels, including dimensions, packaging, etc. If a parcel falls outside the carrier's requirements, the Customer will be invoiced for any additional service and extra costs incurred. If a parcel cannot be delivered to the receiver address and is returned to the sender, the Customer will be invoiced for the return freight. See section 8 for details on invoicing.
If the Customer chooses not to offer free returns to the User, then the Customer must pay any difference between the actual price of the return parcel and the price set by the Customer. See section 8 for invoicing details.
6.9 Return Shipment
6.9.1 Undeliverable Parcels
If a parcel cannot be delivered to the receiver or is not picked up at the designated pickup location, it will be returned to the sender automatically.
The Customer will be billed for the return freight.
6.9.2 Incorrect Receiver Address for International Shipments
If an incorrect receiver address or lack of contact information is provided for international shipments, the Customer will be notified via email.
If Shipmondo does not receive a response from the Customer within 48 hours, the shipment will be returned to the sender at the Customer's expense, and this will incur a fee (see the rate in the overview of fees/additional services).
6.9.3 Prohibited Content or Exceeding Maximum Dimensions
If a parcel is rejected by the carrier due to prohibited content or exceeding the maximum dimensions, it will be returned to the sender. The Customer will be billed for the return freight.
6.10 Export and Customs
Customs clearance fees are paid by the sender, while duties and taxes are paid by the receiver. If the receiver does not pay these fees when due, the amount will be charged to the Customer.
6.11 Complaints and Objections
Shipmondo facilitates freight services from carriers. Shipmondo is neither a carrier nor freight forwarder, as Shipmondo does not handle the physical freight.
In the event of loss or damage to a shipment, the complaints procedure and conditions of the individual carrier apply. The Customer must contact the respective carrier directly to file a complaint.
In case of disagreement regarding a service or charge from Shipmondo, objections must be submitted to Shipmondo no later than 45 days after the service has been delivered/billed. Shipmondo reserves the right to reject objections that are older than 45 days.
7. Payment and Receipt
7.1 Secure Payment
Payment can be made with Visa/Dankort, MasterCard, MaestroCard, JCB, American Express, and Diners Card at Shipmondo.
The transaction takes place over an encrypted connection through Bambora Checkout (Worldline), ensuring a secure connection. Shipmondo does not retain access to the Customer's card details at any stage, and the transfer of funds occurs automatically between the banks.
The transaction is captured immediately after the payment is completed, and the Customer also receives a receipt for each completed purchase, if he so chooses.
7.2 Automatic Card Payment
Shipmondo offers the option to enroll in automatic card payment. This means that the transaction proceeds as described in these terms, and the billed amount is captured automatically, without you having to enter card details for each purchase.
7.3 Termination and Cancellation of Automatic Card Payment
In the event of breach of the terms, Shipmondo reserves the right to terminate the agreement without prior notice and with retention of the claim, meaning the Customer is no longer connected to Shipmondo's services, resulting in loss of access.
7.4 Receipt
Shipmondo sends a receipt to the Customer's email address immediately after each completed purchase. For purchases made through automatic payment with a balance, the receipt will not be sent via email but will instead be accessible in the consumption overview. This means that the receipt will reflect the deduction from the existing balance, rather than a separate transaction.
8. Procedure for Subsequent Billing and Payment
In the event of subsequent billing, the Customer will receive an email with further information about the claim. The Customer can review their open claims and pay their outstanding amount through their Shipmondo account at any time.
If the Customer does not pay the outstanding amount within 6 days, the payment will automatically be withdrawn through the payment card, linked to the Customers Shipmondo account.
If it is not possible to capture the payment, a reminder email will be sent to the Customer. After an additional 10 days, a reminder fee will be charged (see the rate in the overview of fees/additional services).
Failure to pay subsequent billing may result in closure of the Customer's account with Shipmondo, and the case may be transferred to debt collections. In this case, the due amount will be subject to fees and attorney costs associated with debt collections.
9. Upload of Material on Shipmondo's Platforms
Certain Shipmondo services allow Customers to upload material, such as logos and return slips in the Return Portal. The Customer is responsible for uploading only material that they have the rights to. The upload of pornographic material is strictly prohibited.
In the event of violation, Shipmondo reserves the right to close the Shipmondo account without prior notice.
10. Account Closure
When closing a Shipmondo account, the account is reconciled, and any remaining balance is paid out to the Customer. In the event of closure due to bankruptcy, Shipmondo charges an administration fee for account reconciliation and closure (see the rate in the overview of fees/additional services).
11. Data Processing Agreement
Shipmondo manages a range of personal data on behalf of the Customer, including addresses and contact information of the Customer's clients, which are used for freight booking.
This formally means that the Customer is the data controller, and Shipmondo is the data processor.
As a data processor, Shipmondo commits to comply with all aspects of the current data protection legislation concerning storage, access, sharing, deletion/anonymization, and processing in general.
As a Shipmondo customer and consequently the data controller, the Customer accepts the terms and conditions described in Shipmondo's data processing agreement.
12. Termination
Either party may terminate this agreement with 14 days' notice.
Prepayments for services are non-refundable.
13. Liability
Shipmondo bears no responsibility for any loss of revenue or increase in costs that the user may experience due to errors in the system or service interruptions. This includes, but is not limited to, errors on app.shipmondo.com, public APIs, and freight modules.
When using third-party systems integrated with Shipmondo via Shipmondo's public API, Shipmondo can only provide limited support and will instead direct the Customer to the support function provided by the third party.
Shipmondo does not accept responsibility for any consequences or losses arising from third-party integrations.
14. Discrepancies
These terms and conditions are governed by Danish law, and any disputes between the parties regarding them will be settled by the City Court in Odense as the initial jurisdiction.
15. Governing Language: Danish Version Takes Precedence
This document serves as an English translation of the original Terms and Conditions, which are written and officially maintained in Danish. The purpose of this translation is to facilitate understanding and accessibility for non-Danish speaking users. While we have made every effort to ensure the accuracy and completeness of this translation, we acknowledge that translations may not capture the nuanced meaning of the original text.
Please note that in the event of any discrepancies, ambiguities, or conflicts between this translated document and the original Danish version, the Danish version shall take precedence and be considered the legally binding version. Any interpretations, legal disputes, or understandings of the Terms and Conditions will be based on the original Danish text. The Danish version is the official document that governs the use of our services, and will be referred to in the context of any legal proceedings or disputes.