Terms and Conditions

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1. General Terms

Terminology

The following definitions will be applicable throughout these Terms and Conditions:

• package/object/shipment: shipment including all its content,
• transportation service: service, provided by carrier, selected by DER-Trans to execute the shipment of goods, and that effectively operate the transportation as part of their commercial activities,
• forbidden items: all items that are not allowed to be shipped according to these Terms and Conditions, Terms & Conditions of selected carrier, the applicable legislation and the transportation regulations,
• items excluded from insurance: items that are allowed to be shipped, but can only be shipped at the risk of the customer
• DER-Trans: DER-Trans SARL
• DER-Trans SARL.: limited liability company, with registration number B230321 and tax number LU30797030, that manages the der-trans.com online booking system,
• der-trans.com: online platform through which DER-Trans manages the booking system for transportation and logistics services, provided by carriers,
• business day: every day except for Saturdays, Sundays, national holidays and bank holidays in the countries of pick-up, transportation or delivery of the shipment,
• weight: real weight of the shipment, expressed in kilograms or calculated through a formula, provided by the carriers, who execute the shipment of goods, taking into consideration other characteristics of a shipment (i.e. dimensions…),
• you/the client/the customer/the user: person or persons, requesting the booking of transportation services, provided by carriers through DER-Trans.

DER-Trans SARL

DER-Trans, SARL is a private limited liability company, with registration number B230321 and tax number LU30797030, with its registered address at 9 Rue du Laboratoire, LU-1911, Luxembourg, that manages the der-trans.com online booking system. The company is entered into Registre de Commerce et des Sociétés with registration number B230321. DER-Trans SARL is an accountable person, thus required to charge VAT on all transactions.

der-trans.com is an online booking system for transportation services, provided by carriers.

DER-Trans acts as a commission agent and not as a freight forwarder. When placing the order through our website, the customer authorizes DER-Trans to, in its own name (DER-Trans’s name) and on behalf of the client (commissioner), order transportation services with one of the carriers with which DER-Trans has an agreement in place, provided that the carrier selected complies with the requirements for the execution of the commissioned service. DER-Trans is solely responsible for the selection of carriers, and never for the execution of transportation. The fulfilment of obligations inherent to the transportation service is the exclusive responsibility of the carrier, selected to execute transportation. It is them, and not DER-Trans, who perform the pick-up, transportation and delivery of the shipments, who arrange the transportation and who are responsible for its/the execution.

At the customer’s request, DER-Trans shall cede all claims and rights arising from the transactions concluded in its own name and on behalf of the customer, including the claims under the responsibility of the selected carrier provider for the non-fulfilment or improper fulfilment of the carrier. In case of cession of all claims and rights the customer is obliged to, on its own, recover or enforce the claims and rights against the carrier.

Any additional costs, incurred due to the customer’s additional requirements from the selected carrier, will be exclusively borne by the customer. DER-Trans reserves the right to demand from the customer the reimbursement of expenses covered by DER-Trans on behalf of the client, even if such expenses are generated after the conclusion of the transport service.

DER-Trans does not accept orders from unauthorized dealers or resellers and reserves the right to unilaterally cancel any order, placed by unauthorized dealers or resellers.

According to internal policies and procedures, DER-Trans can authorize individual dealers or resellers. Each reseller should submit his request in writing to DER-Trans to start the authorization procedure.

2. General Rules of Service

The following general rules apply to all the orders booked on the online platform der-trans.com unless a different rule applies to a particular service as described under article 3 of these Terms & Conditions and/or in the Terms & Conditions of the specific carrier to which the customer expressly agrees before confirming the order. It is the responsibility of the customer to be informed of the special rules of a particular service they booked on the platform.

2.1 Confirmation and Cancellation of the Order

After having placed an order through the online platform, the customer is provided with an order number which confirms that the order has been accepted and sent for further processing. All orders are non-refundable after the customer has placed the order except if the customer purchased Flexible booking while placing the order which will allow changes to the order and refunds until the successful pick-up of the parcels. A shipment is considered to have been picked-up successfully if the tracking information of the carrier indicates that it has been collected or if the carrier or the customer can confirm the successful collection by providing a proof of collection.

The order may not be confirmed if, for example, the location is inaccessible to the selected carrier or if the pick-up is supposed to occur during a national holiday or during other non-business days in the relevant country.

The Flexible booking option is available for purchase in the order process only for an additional fee. The flexible booking fee is non-refundable. The Flexible booking option is included in the price for the registered B2B users who placed the order while being logged in.

Once the order is paid the customer will receive an email that confirms the order and indicates that DER-Trans shall request a transportation service by the carrier in its name and the customer`s account.

DER-Trans will forward the tracking number to the client via email as soon as it is provided by the selected carrier (subject to availability). With this number, the user will be able to track the progress of the shipment.

The order is stored at DER-Trans’s premises and can be accessed by the customer at any time upon a written request sent to office@der-trans.com. The customer explicitly agrees that the concluded Agreement together with the data, which relate to the order and are needed according to the Code de la Consommation of Luxembourg, will be provided via e-mail.

The customer expressly agrees to waive the right to cancel the Agreement with DER-Trans at the moment when DER-Trans submits the order details to the selected carrier. If the customer decides to cancel the order before DER-Trans submits the order details to the selected carrier, the customer should fill out the form “The Form for Exercising the Consumer’s Right to Withdraw from the Contract” and send it by email to office@der-trans.com or by registered mail to:

DER-Trans SARL
9 Rue du Laboratoire,
LU-1911 Luxembourg
Luxembourg

Refunds are only possible if the customer has selected the Flexible booking option during the ordering process and has requested the refund before the pick-up. If the carrier has already made an attempt to collect the shipment, but the attempt failed due to a fault on the side of the customer, DER-Trans reserves the right to deduct the amount of the cost of such a failed attempt as declared by the carrier, from the approved amount to be refunded to the customer. Regardless of the Flexible booking option selected, no order can be refunded once the label is sent to the customer. After the pick-up, refunds are no longer possible for any reason. DER-Trans is not obliged to compensate the customer for damages or any extra costs caused by any event under section 2.7 of these Terms and Conditions.

If granted, the refundable amount will be issued as credit in the customer’s DER-Trans account which could be used for future orders. If the payment with credits option is not available to the customer, the refundable amount will be refunded to the same payment account that the customer used to place the order (credit card, PayPal account, bank account, etc.).

Additional insurance and flexible booking fees are not refundable.

In case that a refund is granted, the amount refunded will be available to the customer within thirty (30) days from the moment when DER-Trans informs the customer about the admissibility of the refund.

In case of the cancellation of the order by the customer, the customer agrees not to hand over any shipment to the carrier, if he arrives at the pick-up address. In case that the customer does hand over the shipment, the client will be responsible for all the expenses incurred.

DER-Trans reserves the right to charge the customer in case that there is an abrupt change of pricing for the route selected by the customer at the moment of placing the order, prior to obtaining the authorization from the customer for this extra charge. In case that the customer refuses the extra charge for the change of pricing in the selected route, DER-Trans reserves the right to offer to the customer a full refund and not to forward the order for transportation services to any carrier.

2.2 Payment options

All payment transactions processed through our website are secured with SSL certificates GeoTrust© which ensures that communications between the user’s server and our website are encrypted and secure.

When booking a service through our website, DER-Trans offers to its customers the following payment options:

Payment via credit card

If the customer opts for this payment method, before confirming the order, the client must enter the information of the credit card with which the payment for booking transportation services will be processed.

All credit card payments are made directly through the secure system of Braintree or Adyen, our partners for payment processing solutions, and their banking partners. DER-Trans does not store any information about credit cards, since the entire payment verification process is carried out by Braintree or Adyen and their banking partners directly.

It is the responsibility of the customer that the selected credit card used to pay for the booking of transportation services is active and has sufficient funds available to successfully process the transaction. Any additional charges, generated in case that the credit card is rejected by any reason, will be borne solely by the customer.

Payment via PayPal

If the customer opts for this payment method, before confirming the order, the client will be redirected to the PayPal website, where the client must log in with his username and password, or create an account, if he does not have an active one. Once the payment is processed successfully in PayPal’s online platform, the customer will be redirected back to our website, where the confirmation of the payment and of the order will be available.

It is the responsibility of the customer, who selected PayPal to pay for the booking of transportation services, to ensure that his PayPal account is active and has sufficient funds available to successfully process the transaction. Any additional charges, generated in case that the transaction is rejected, will be borne solely by the customer.

Payment via bank transfer

If the customer opts for this payment method, the order will not be confirmed immediately, but will only be confirmed once DER-Trans receives a confirmation of successful bank transfer for the total amount of the booking. The customer will receive an email by DER-Trans with instructions on how to pay, including information about DER-Trans’s bank account, the amount to be transferred, etc.

Any bank-related charges, generated by the bank transfer, will be exclusively borne by the customer. If the amount, received on DER-Trans’s bank account, is less than that which should have been deposited, the order will not be confirmed. DER-Trans is not obliged to notify the user that the deposited amount was not sufficient to confirm the order.

The customer has a maximum of thirty (30) calendar days to send an email to office@der-trans.com attaching a copy of the confirmation of successful bank transfer. The confirmation of successful bank transfer should be sent by the customer before the selected pick-up date. If it is not received before the selected pick-up date, a new pick-up date will be arranged only after the confirmation of a successful bank transfer is received. It is the sole responsibility of the customer to inform DER-Trans about the bank transfer having been processed. When this confirmation is received by DER-Trans, the customer will receive an email confirming the payment of the order. If no confirmation of successful bank transfer is received within thirty (30) calendar days, the order will be cancelled and the user will be notified.

Payment with user credits

The advantage of this payment method is that the customer does not have to enter the payment data (i.e, data from his credit card or PayPal account) every time when booking transportation services through our website. Additionally, DER-Trans rewards loyalty by providing discounts on orders paid with credits available on the customer’s user profile.

If the customer opts for this payment method, the client will use the credit, available in his account when placing an order.

When confirming the payment, the customer must have sufficient credits available on his account to book an order. In case that there is not enough credit, the customer can top-up his credit before confirming the order through credit card or PayPal. If the customer decides to top-up user credits by using credit card or PayPal, provided that the customer has sufficient funds on the credit card or on the PayPal account, the top-up will be automatically confirmed and the credit will be available to use automatically. Otherwise, the order will be cancelled.

Additionally, the customer can recharge the credit on his account at any time.

2.3 Packaging

The client agrees that packaged goods must have a suitable outer and inner packaging, according to the type of items to be transported. The packaging must be appropriate according to the weight and content of the shipment. The packaging must be suitable for transport and handling at the logistics centres of the selected carriers or their partners. Irregularly shaped items like suitcases have to be carefully wrapped in plastic stretch foil. On the inside, the item must have suitable packaging, for example, bubble-wrap to prevent breakage and damage of the transported items.

If the items are not properly packed inside and outside, the insurance will not be valid and the customer will not be entitled to a refund. The client is solely responsible for damages and losses of items packed improperly. The carrier can also reject the claim for insurance reimbursement if it considers the shipment to be dangerous and that it could damage other shipments during transportation. The carrier may also return the collected shipment or reject the collection of the shipment entirely due to inappropriately packed items.

The carriers with which DER-Trans cooperates do not handle parcels that carry any sign, inscription or label which indicates breakable or fragile content or instructs careful handling of the parcel any differently or with special care. A “fragile” or “handle with care” label in no way exempts the sender from the obligation to pack the goods appropriately nor does it actually protect the goods.

2.4 Size and Weight Restrictions

The customer agrees to hand over to the carrier the exact number of items in exact sizes or weights, ordered, and that all the items comply with the restrictions of size and weight.

Any additional costs incurred due to the fact that the customer decided to send more items than booked in the ordering process, or that the customer has sent oversized or overweight shipments, will be exclusively borne by the customer. DER-Trans reserves the right to demand the reimbursement of expenses from the customer, covered by DER-Trans on behalf of the client, even if such expenses are invoiced by the carrier after the conclusion of the transport service. DER-Trans reserves the right to charge an administrative fee of up to fifteen (15) EUR for the handling of additional costs in such cases.

If the number of items, weight or size of the shipment exceed the limit, specified by the user at the time of booking the transportation service through DER-Trans, by accepting these Terms and Conditions, the client agrees that DER-Trans is allowed to:

• make an additional surcharge to the credit card with which the customer made the booking according to the applicable price list, if the shipment does not exceed the maximum weight or size allowed by the selected carrier; OR
• make an additional surcharge to the credit card with which the customer made the booking for an amount determined by the selected carrier under the nature of contractual penalty for overweight or oversize, if the shipment exceeds the maximum weight or size, allowed by the selected carrier. Alternatively, the selected carrier may choose to refuse carriage of the shipment and not charge the contractual penalty.

In case that DER-Trans would not be able to make additional charges automatically to the credit card with which the customer made the booking, the customer will be notified of this in writing and the customer must pay the additional amount indicated within a maximum period of seven (7) days. Such notice is considered enforceable without judicial declaration. In case that DER-Trans does not receive the payment within the above-mentioned period, the customer is obligated to cover the costs of the executive collection procedure.

In the case that the customer intends to send more items than ordered, the customer needs to inform DER-Trans about this at the latest until 12 pm of the business day prior to the pick-up.

If the items are oversized or overweight, the customer will not be entitled to a refund. The carrier may also return the collected shipment or reject the collection of the shipment entirely due to oversized or overweight items.

2.5 Forbidden items

With the adoption of these Terms and Conditions, the client agrees with the list of items excluded from transport herein and declares that they will not send any objects on this list, or any item that is prohibited by the Terms and Conditions of the selected carrier or by the laws of the country in which the pick-up or delivery address is located. If the client decides to send excluded items anyway, they will be the solely responsible for all damages and expenses incurred.

Examples of forbidden items are:

• animals and animal products;
• arms and ammunition;
• hazardous substances and objects;
• flowers and other plants;
• human remains and funerary urns;
• illegal objects;
• medical samples;
• objects that need an environment with a controlled temperature;
• pornography;
• non-prescription drugs and other pharmaceutical products;
• aerosols;
• liquids;
• items that can damage other parcels during the transport;
• tobacco and alcohol products as per each country`s limitations;
• stolen goods or goods not in free circulation under the legislation of the European Union or any other law of the relevant countries;
• counterfeit goods;
• substances requiring special permits for transportation, special handling or specific documentation;
• for airfreight: all Lithium Ion and Lithium Metal shipments; prohibited goods according to the regulation (EC) No 300/2008 of 11th March 2008 and its implementing rules as amended from time to time;
• shipments that would be covered by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).

The selected carrier has the right to decline dealing with parcels whose content is of a dangerous or damaging nature, or likely to harbour or to encourage vermin or other pests, or liable to taint or affect other goods. If such parcels are handed over to the selected carrier, the company reserves the right to remove or otherwise deal with the parcels with no further notice at the expense of the customer. In such a case, the customer shall be liable for all loss or damage arising in connection to such parcels and shall indemnify the selected courier company and/or DER-Trans against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the parcels may be dealt with in such a manner as the company or any other person in whose custody they may be at any relevant time shall think fit.

2.6 Pick-up and Delivery

The customer is responsible for providing a complete and exact address for the pick-up and delivery of the shipment, and any other relevant information to facilitate the pick-up and delivery. The address details should fit in the designated area in the booking process, and not be included in the “comments field”; otherwise, the carriers might not receive the complete information needed for a successful pick-up and delivery.

The pick-up and delivery should be done in an easily accessible place; the driver of the selected carrier must be able to park the truck at least fifteen (15) meters from the indicated delivery point. Door-to-door service is a service provided to the main door of the building. The carrier driver is not obliged to pick up or deliver the shipment into upper floors.

By indicating the pick-up and delivery address in the booking process, the customer guarantees that it is a standard delivery address publicly known, to which shipments are received regularly. An indication of a generic address, such as a port is not enough. In the case of new buildings, the customer confirms that the address is already known to carrier and that he or she has already received shipments to this address in the past.

If the pick-up or the delivery address is located in a remote area or an island, the customer is obliged to contact DER-Trans in advance to check if a collection and/or delivery is possible to the address in question as some exceptions may apply to certain areas. If the transport service is not possible at the address the customer stated in the order and the customer did not check the address with DER-Trans in advance, no reimbursement of the transport service will be possible.

Before the pick-up, the customer must remove all old labels or address information attached to the package, suitcase or pallet. To avoid confusion in delivery, only the address of the recipient should be pasted on the package, suitcase or pallet.

The customer is solely responsible for assuring that the right label is placed on the right shipment, even in cases where the carrier prints the label, and to acquire the proof of collection from the driver that proves the shipment was collected by the correct carrier at the set date and time. In case of any issues the carrier is not obliged to accept any complaints or claims without the proof of collection that proves their responsibility of the transport.

During the booking process, the customer must specify the local telephone number in the country of pick-up and delivery on which someone will be available at the time of pick-up and delivery. However, the driver of the selected carrier is not obliged to contact the user or the contact persons via phone. If the driver chooses to do so, only local telephone numbers will be contacted. The service offered by DER-Trans does not include a call to the customer prior to pick-up and delivery. However, in some countries, the telephone number, provided by the customer in the booking process can be used to clarify the circumstances of the pick-up and delivery, or for additional information that DER-Trans or the selected carrier may need.

On the date of pick-up and delivery, the recipient must be at the provided address between 9:00 and 18:00, if the selected service is “Standard shipping service” or “Express”, or at the time agreed directly with the transportation company if the selected service is “Freight“.

The driver of the selected carrier will make one collection or delivery attempt at the provided address. If no one is available at the provided address the driver will leave. The customer must inform DER-Trans immediately in case of a failed collection or delivery of the shipment so that DER-Trans can request another attempt of collection or delivery of the shipment. If the pick-up or delivery is not successful on the day scheduled for a reason not pertaining to the selected carrier, another request for collection or delivery may result in additional costs that shall be borne by the customer. The selected carrier is entitled to deliver the shipment to an alternate address (neighbouring address, local post office or delivery point). If the shipment is not picked up within seven (7) calendar days of the first delivery attempt, or if the shipment is packed inappropriately, or if the shipment is damaged, oversized or overweight, the selected carrier reserves the right to return the shipment to the pick-up address at the expense of the customer.

DER-Trans does not guarantee transportation and shipment delivery to a different address than initially indicated by the client when booking transportation services through the website der-trans.com. DER-Trans can only inform the courier company about the changes to the address of delivery as per request of the customer. Nor DER-Trans nor the courier company can be held responsible if the shipment is not delivered to an address provided after the label has been used for the shipment.

According to these Terms and Conditions, the delivery is considered effective if:

• the shipment is handed over to anyone located in the delivery address against digital or manual signature, including neighbours and persons present at the indicated premises;
• the shipment is delivered to an alternative address;
• after multiple failed delivery attempts to the delivery address, the shipment is delivered in one of the warehouses of the selected carrier, which is near to the original delivery address. This may cause additional costs to the customer;
• the selected carrier has left a notice of delivery to the delivery contact person, or if this is evident through the shipment tracking;
• the shipment is delivered to the delivery address to a person who falsely presented themselves as the recipient;
• the shipment is returned back to the pick-up address after the maximum days in the carrier’s warehouse or due to inappropriate packaging or damage of the parcel. This may cause additional costs to the customer.

Exceptions regarding the deliveries of shipments may apply in certain regions due to conditions and standard practices of the local courier companies.

As soon as the delivery is considered effective, it is understood that DER-Trans and the selected carrier are exempt from responsibility for transportation.

2.7 Delivery dates

All pick-up and delivery times are approximate and are not guaranteed. With the acceptance of these Terms and Conditions, the customer is aware and agrees that many external circumstances may cause delays in the pick-up or delivery of the shipment.

By accepting these Terms and Conditions the customer agrees to regularly track the shipment and in case of any unusual data or progress immediately notify DER-Trans.

Regarding customs procedures in each country, the selected carrier should make every effort to ensure that the delivery is made on time. With the acceptance of these Terms and Conditions, the customer understands and accepts that the package can be delivered late due to customs procedures and other administrative procedures. DER-Trans reserves the right to require the reimbursement of expenses from the customer, covered by DER-Trans on behalf of the client related to customs procedures.

DER-Trans is not obliged to compensate the customer for damages caused by any event under this section of these Terms and Conditions, neither is required to reimburse any related cost.

3. Types of Services

3.1 Standard shipping service

The Standard service refers to all standard parcel shipments inside of the EU.

When booking transportation services with the service “Standard shipping”, the customer agrees for the package or suitcase to be available at the pick-up address for the selected courier service provider to collect it from 9:00 to 18:00. Due to unforeseen factors related to the courier service provider, the pick-up can be performed before or after this time. Rarely, due to unforeseen factors, the selected courier service provider can carry out the pick-up on the next business day.

If the driver of the selected courier service provider is not present to pick-up the shipment on the pick-up date, the customer, according to these Terms and Conditions, assumes the responsibility of informing DER-Trans immediately about this fact, so that DER-Trans can arrange with the selected courier service provider a second pick-up attempt.

The standard packaging is a cardboard box, consisting of two or more layers of carton. The customer can also use a suitcase wrapped with a protective film, however, a suitcase can be regarded as an unsuitable packaging and therefore be rejected by the courier company in the case of collection or delivery. Irregularly shaped items like suitcases have to be carefully wrapped in plastic stretch foil (including the wheels and handles), so that sharp objects of the suitcase cannot damage other shipments. An adequate packaging must, among other characteristics, be resistant to a fall from a height of one (1) meter. Neither the selected courier service provider nor DER-Trans are responsible for any damage caused to the packaging during transport. Most of the courier companies consider the suitcases as a means of packaging. Plastic bags, travel bags and plastic boxes are not allowed types of packaging.

Each package must be handed over to the driver of the selected courier service provider as one piece. If the customer intends to send more packages, the accurate number should be placed when booking the transportation services. Otherwise, the customer should place a new order.

Packing several packages together and shipping them as one unit is highly dangerous and can only be done at the customer’s risk as only one label is made for each declared parcel.

No package or suitcase must exceed the following dimensions:

• Maximum length: 175 cm; AND
• Length + 2 times the width + 2 times the height should not exceed 300 cm.

For purposes related to these Terms and Conditions, the length represents the longest side of the package or suitcase.

3.1.1 The earliest possible date option

In case that for the route, selected by the customer, DER-Trans offers the “The earliest possible date” option, the user must agree on the time and date of the pick-up directly with the selected courier service provider and print the label provided. DER-Trans is not to be responsible for coordinating the time and date of the pick-up. There will be no pick-up until a specific date and time is arranged between the customer and the courier service provider.

Depending on the availability and delivery routes organized by the selected courier service provider, the pick-up date can be agreed even on the same day on which the user has reserved the transportation through der-trans.com.

When booking transportation services with the “The earliest possible date” option, the customer agrees for the package or suitcase to be available at the pick-up address for the selected courier service provider to collect it on the date and time, directly agreed between the user and the courier company.

3.2 Express

The customer can book an Express service to ship packages, pallets and envelopes with documents not being limited to EU countries.

3.2.1 Weight and dimensions

No package must exceed the following weight and dimensions:

• Maximum weight: 70 kg
• Maximum dimensions: 120 x 80 x 80 cm
• Maximum total shipment weight: 3.000 kg

If the package exceeds the maximum weight and/or dimensions the customer will be charged an extra cost for shipping.

No pallet must exceed the following weight and dimensions:

• Maximum weight: 1.000 kg
• Maximum dimensions: 120 x 120 x 160 cm
• Maximum number of pallets: 10

These are the absolute dimensions. If the pallet exceeds the maximum weight and/or dimensions the shipment will not be shipped and the customer will not be entitled to a reimbursement. All prices are offered for stackable pallets. Surcharge for shipping a non-stackable pallet may apply.

3.2.2 Shipping of envelopes

The customer can ship documents and personal IDs if using an envelope in an express shipping service. If the envelope express shipping option will be purchased, the customer will have an option of purchasing the courier company`s extended liability of up to 400 EUR per shipment and no additional insurance will be possible.

Maximum weight: up to 500 g per envelope, up to 2 kg per shipment

Maximum dimensions: 35 x 28 x 1 cm

3.2.3 Customs procedure and documentation

In case that the route selected by the customer includes a country that is not, at the moment of placing the order, a member of the European Union, the customer is aware and agrees to the following:

The shipper is responsible to provide the original or a copy of the original commercial invoice or any other document required by the courier company and/or by the customs authorities. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration, it is the shipper’s responsibility to provide the required documentation at its own expense. If the customer is shipping non-commercial items, a pro-forma document may be used as proof of value for the customs procedure purposes. If any kind of documents and/or printed papers, magazines, manuscripts etc. are shipped, usually no original invoices are needed.

The original or the copy of the original commercial invoice should not include VAT on the price breakdown.

The courier service provider may reject the collection or even return the parcels back to the shipper, applying extra costs for which the customer is solely responsible, in case that the documentation required is not provided or are not according to the regulations.

The shipper certifies that all statements and information provided relating to the exportation and importation of the shipment will be true and correct and acknowledges that in the event that untrue or fraudulent statements about the shipment or any of its contents are made, a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of the shipment could arise.

To the extent that we may voluntarily assist the customer in completing the required customs and other formalities, such assistance will be rendered at the customer`s sole risk. The customer agrees to indemnify us and hold us harmless from any claims that may be brought against us arising from the information provide to us and any costs we will incur regarding this and pay any administration fee we may charge the customer for providing the services described in this condition.

Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses DER-Trans incurs as a result of the actions of customs or other governmental authorities or the shipper’s or receiver’s failure to provide proper documentation will be charged to the customer or the receiver of the shipment. In the event that DER-Trans decides to charge the receiver and the receiver refuses to pay the incurred charges, the customer agrees to pay them to us together with our fee for the administration involved as well as any extra costs we will incur.

The shipper confirms that the contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and, in case that they are, the customer is obliged to advise DER-Trans prior to the collection. The courier service provider may also unilaterally reject any other item which cannot be carried safely or legally.

The courier service provider will endeavour to expedite all customs clearance formalities for the shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.

3.2.4 Collection and delivery

The courier service provider may reject a collection in case that the service cannot be provided for any reason which is out of the courier service provider`s control such as remote locations or sanctions imposed to the pickup country (embargo).

There will be two attempts of delivery. Shipments cannot be delivered to PO boxes. Shipments are delivered to the Receiver’s address given by the customer but not necessarily to the named Receiver personally. The Receiver may be notified of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at the nearest Service Point. Surcharges for changes of delivery address may apply.

If the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay customs duties or other shipment charges, the courier service provider shall use reasonable efforts to return the shipment to the shipper at the customer`s cost, failing which the shipment may be released, disposed of or sold without incurring any liability whatsoever to the customer. The courier service provider may destroy any shipment which any law prevents it from returning to the shipper as well as any shipment of prohibited items.

3.2.5 Insurance

The courier service provider is liable for each shipment according to the international conventions stated under clause 4.3 by default. The customer may purchase an additional insurance option for an additional fee. The shipment will be insured for the amount of value declared by the customer in the ordering process, being limited to the maximum possible insurance coverage of 500.000 EUR per shipment.

3.3 Freight

When booking transportation services with the service Van delivery, LTL/FTL or Individual offer, the customer agrees for the packages or pallets to be available at the pick-up address for the selected carrier to collect it from 8:00 to 18:00. The selected carrier will contact the customer before or on the day of the pick-up in order to confirm the pick-up. There will be no pick-up until a specific date and time is arranged between the customer and the carrier. Due to unforeseen factors related to the selected carrier, pick-up can be performed before or after this date. Rarely, due to unforeseen factors, the selected carrier can carry out the pick-up on the next business day.

The customer has to inform DER-Trans about the packaging of their shipment and any special requirements in order to collect or to deliver their shipment. Once the order is confirmed, any additional requests may cause extra costs and delays of the service which shall be borne by the customer.

If the driver of the selected carrier is not present to pick-up on the pick-up date, the customer, according to these Terms and Conditions, assumes the responsibility of informing DER-Trans immediately about this fact, so that DER-Trans can arrange with the carrier a second pick-up attempt.

The shipment must be ready for transportation at the time when the driver of the selected carrier arrives for pick-up. This means that all items that are to be transported must be properly packed and prepared for the transportation. In case of a pallet, the shipment should be properly packed, fixed within the stackable pallet and secured for transportation. The customer is solely responsible for obtaining the pallet by his/her own means. In some pickup countries, DER-Trans is able to arrange that the carrier brings the pallet at the moment of pick-up. In these cases, the customer has to arrange this extra service with DER-Trans before the pickup is confirmed.

The customer is solely responsible for assuring that the right label is placed on the right parcel or pallet, even in cases where the carrier prints the label. At the time of pick-up or after the shipment arrives to the depot, the driver of the selected carrier adheres the identification label on the shipment and, if the service includes it, provides the tracking information, which DER-Trans shall forward to the customer at the earliest convenience.

All freight transports booked on der-trans.com are conducted in accordance with the Convention on the International Carriage of Goods by Road (CMR) as are also treated any disputes or claims deriving from the service performed by the responsible carrier.

3.3.1 Van delivery

When booking the service “Van delivery”, the customer agrees for the shipment to be available, properly packed and secured for transportation at the pick-up address for the carrier to collect it from 8:00 to 18:00. The selected carrier will contact the customer upon its arrival at the pick-up address. On a rare occasion, due to unforeseen factors related to the selected carrier, pick-up can be performed before or after the scheduled date.

If the driver of the selected carrier will not show up on the scheduled pick-up date, the customer assumes the responsibility of informing DER-Trans immediately about this fact, so that DER-Trans can check the situation with the carrier and arrange a new pick-up attempt as soon as possible.

The customer has to inform DER-Trans about the packaging of their shipment and any special requirements in order to collect or to deliver their shipment. The customer understands that the driver of the carrier is not obliged to help with the loading and/or unloading of the shipment and that this kind of assistance has to be requested separately during the booking process. Once the order is confirmed, any additional requests may lead to delivery delays and can cause extra costs, which shall be charged to the customer. Furthermore, additional charges may also apply in case the shipment is heavier or bigger than booked during the ordering process.

The customer understands that the service “Van delivery” does not include a real-time tracking information. The customer is always able to get information about the transit of the shipment by contacting DER-Trans`s support team, which will check the latest transit updates directly with the carrier.

The customer shall be informed about the estimated time of delivery in advance. The carrier will contact the consignee upon their arrival at the delivery address. If the consignee is not available at the delivery address, the driver will wait at the address until the customer can organize the unloading of the shipment, as agreed. The customer is aware that any unnecessary waiting by the driver may result in additional costs that shall be borne by the customer.

3.3.2 Less than a full truck load (LTL) and Full truck load (FTL)

When booking the service “LTL” or “FTL”, the customer agrees for the shipment to be available, properly packed and secured for transportation at the pick-up address for the carrier to collect it from 08:00 to 20:00 or according to the agreement before the collection. The selected carrier will contact the customer upon its arrival at the pick-up address. On a rare occasion, due to unforeseen factors related to the selected logistics service provider, pick-up can be performed before or after the scheduled date.

LTL and FTL service is provided by carriers who are using semi-trailers, trailers or delivery trucks.

The customer is responsible for loading and unloading of the shipment. A forklift and a dock must be provided by the loading/unloading site.

The customer has to inform DER-Trans about the packaging of their shipment and any special requirements in order to collect or to deliver it. The customer understands that the driver of the carrier is not obliged to help with the loading and/or unloading of the shipment and that this kind of assistance has to be requested separately during the booking process. Once the order is confirmed, any additional requests may lead to delivery delays and can cause extra costs, which shall be borne by the customer. Furthermore, additional charges may also apply in case that the shipment collected is heavier or bigger than booked during the ordering process.

The customer understands that the service “LTL/FTL” does not include real-time tracking information. The customer is always able to get information about the transit of the shipment by contacting DER-Trans`s support team, which will check for the latest transit updates directly with the carrier.

The customer shall be informed about the estimated time of delivery in advance. The carrier will contact the consignee upon its arrival at the delivery address. If the consignee is not available at the delivery address, the driver will wait at the address until the customer can organize the unloading of the shipment, as agreed. The customer is aware that any unnecessary waiting by the driver may result in additional costs that shall be borne by the customer.

3.3.3 Individual offer

If no option of booking the particular transport is available for instant pricing on the platform (due to non-standard dimensions or special requirements of the shipment), the customer should make a request for individual offer. It should be requested through our individual offer form or sent in writing to the email address office@der-trans.com with the following information:

• the number of pallets or packages to be sent;
• the shipment`s exact dimensions (height, width and length), without approximations;
• the exact weight of the shipment, without approximations;
• the content and value of the shipment;
• the complete pick-up and delivery address of the shipment;
• specifications if the user is interested in purchasing additional insurance.

DER-Trans will prepare an offer to the customer in the shortest time possible and advise on any necessary information. The offered prices are only for stackable pallets by default. If the customer confirms such an offer, but prepares a non-stackable pallet for collection by the carrier, any additional costs that occur will be borne by the customer.

4. Claims procedures

4.1 Responsibility for the service

DER-Trans is the administrator of the online platform for booking transportation services and, as such, will not be liable for any loss or damage to the shipment or to any of its contents. DER-Trans only works with quality carriers and, therefore, damages and/or losses are unusual.

The carriers are responsible for the pick-up, transportation and delivery of all shipments, reserved through the platform der-trans.com.

In order to prevent damage, the customer must be aware that, despite the caution measure taken by carriers, packages, suitcases or pallets are unloaded, sorted and mechanically loaded and therefore they must be properly packed. The customer is responsible for the packaging.

4.2 Official complaint

DER-Trans acts as a commission agent and not as a freight forwarder when administrating the online platform for booking transportation services. DER-Trans is solely responsible for the selection of carriers, and never for the execution of transportation. This being said, in case that the customer has any complaints regarding DER-Trans’s services as a commission agent, the customer will have to begin a complaints procedure.

In order for the internal complaints procedure to begin, the customer should inform DER-Trans in writing by sending an e-mail to office@der-trans.com or a registered letter to DER-Trans SARL, 9 Rue du Laboratoire, LU-1911, Luxembourg, attaching the following:

1. detailed description of the complaint;
2. ideally, the name or names of the persons from DER-Trans with whom the customer was in contact;
3. a copy of the email that confirms the order; AND,
4. a copy of all email communications exchanged between the customer and the DER-Trans team.

If the customer does not duly notify DER-Trans or does not attach all the required documentation to the letter, the complaints procedure will not begin.

After receiving a complete complaint, DER-Trans will forward the case to the Claims department which will evaluate the case file. DER-Trans’s Claims department will send a reply to the customer regarding the complaint within thirty (30) days after the complaint is received.

4.3 Insurance and insurance coverage

DER-Trans does not act as an insurance company. Shipping insurance packages are not offered by DER-Trans; they are offered by carriers directly, or by insurance companies with existing agreements with carriers or with DER-Trans. For this reason, the terms and conditions of insurance companies such as Ergo or Lloyds and of selected carriers apply in all matters, relating to insurance of shipments, booked through our website.

All orders for transportation of packages or suitcases placed through the website der-trans.com for the service “Standard shipping” include an insurance provided by the selected carrier or by an insurance company by a maximum coverage of two hundred (200) euros. The insurance premium is already included in the basic price of the shipment. Insurance coverage extends to expenses caused in case of loss or damage of the package.

All orders for transportation by road are ensured in accordance with the Convention on the International Carriage of Goods by Road Contract (CMR). All orders for transportation by air are ensured in accordance with the Montreal Convention or the Warsaw Convention as applicable.

If the shipment contains items of greater value compared to the maximum insurance coverage, the user is required to purchase additional insurance directly on our website. Additional insurance must be booked in the ordering process and is charged according to the price list of the selected carrier or of the insurance company. For the customer to purchase additional insurance, he/she must accept the policies applicable to the chosen additional insurance package, namely the DTV Cargo Policy Open, the DTV Cargo Policy All Risks and the deductible disclaimer applicable to the insurance with ERGO Versicherung AG.

At the customer`s request, DER-Trans shall cede all claims and rights arising from the transactions, concluded in its own name on behalf of the customer, including the claims under the responsibility of the selected carrier for the non-fulfilment or improper fulfilment of the transport services. The customer is then obliged to, on its own or by himself, recover or enforce the claims and rights against the carrier.

In the case of loss or damage to the shipment, DER-Trans offers customer support in submitting complaints to the selected carrier. However, the decision about the admissibility of the insurance is made solely by the carrier or by the insurance company.

The damage claim cannot be started in case of damages to the means of packaging (cardboard box, suitcase), but only to the content of the shipment. Additionally, the insurance does not apply to the contents of the shipment in case of:

• inappropriate packaging;
• unconventional shipments;
• transportation of forbidden items;
• transportation of electronic devices (such as televisions, mobile phones, computers and other electronic equipment) without the original packaging;
• transportation of used and second-hand electronic devices;
• shipments for which delivery is considered effective according to Section 2.6 of these Terms and Conditions;
• designer or tailormade clothing and shoes. Clothes and shoes, in general, can only be reimbursed for up to 200 EUR per item.
• In case of usage of the service “Standard shipping”, the maximum insurance reimbursement is 1000 EUR per item;
• transportation of musical instruments that are not protected according to their sensitivity. A hard-case or similar packaging with sufficient inner protection is the minimum standard;
• damages caused by terrorism, natural disasters;
• lack of evidence provided by the customer (photographic or written material) that proves the parcel was in perfect condition before collection; OR,
• claims that are not supported by evidence of the true value of the damaged or lost item. The only acceptable proof of value is the original invoice (VAT rate and amortization will be deducted from the original price of the item accordingly).
• violation by the user of these Terms and Conditions in any way.

In addition to the list of forbidden items under the clause 2.5, no insurance policy, unless expressly confirmed by the carrier or by the insurance company concerned, will be accepted for the following items:

• flowers and other plants;
• tobacco and alcohol;
• food (including food in liquid form);
• objects of great value;
• objects with sentimental value;
• fragile items, such as glass and porcelain;
• jewellery, gold and other precious or semi-precious stones and metals;
• antiques, pictures, works of art.

The driver of the selected carrier is allowed to refuse collection of shipments that are clearly inadequate (too heavy, too big, inadequately packaged) but is not obligated to check the adequacy of the packaging or the contents of the shipment. This means that the driver of the selected carrier can still accept the shipment even if it is not packed in accordance with these Terms and Conditions or if it contains items on the prohibited list. DER-Trans or the selected carrier are not obligated to check the comments the customers make when placing the order on our website. Even if the customer mentioned that items to be shipped are not in accordance with the terms, the order can still be forwarded to the carrier that can carry out the transport. In such a case, all extra costs related to the shipment of items of inadequate packaging or with forbidden contents will be borne exclusively by the customer. Furthermore, if purchased, extra insurance coverage will not apply to these items.

DER-Trans will not be held liable for any damage, loss, failure or delay in the pick-up, transportation or delivery, or for any other damages or costs, arising from transportation services, requested through the web portal DER-Trans. DER-Trans is not responsible for any loss of profits, originated in any of the numerals described above.

4.3.1 Claims procedure in case of damage or loss

In the case of loss of a package, suitcase or pallet, DER-Trans offers customer support in submitting complaints to the selected carrier. However, the decision about the admissibility of the insurance is made solely by the carrier or by the insurance company.

In case of damage of a shipment, the situation must be reported by the person in charge of receiving the shipment to the driver of the selected carrier at the time of delivery. Any damages to the shipment must be reported at the moment of the delivery by filling a damage report with the driver or by signing the proof of delivery with reservation. Otherwise, the selected carrier or the insurance company may reject any claim for damages.

In order to initiate a procedure with the selected carrier for damage or loss, DER-Trans should receive to the email address office@der-trans.com the data indicated in this paragraph.

If the shipment is not delivered within five (5) days from the expected date of delivery, the customer must immediately notify DER-Trans in writing by sending an email to office@der-trans.com, attaching the following:

1. a list of the contents of the shipment and their value;
2. an external description of the shipment;
3. information on the method of packaging;
4. a copy of the email that confirms the order; AND,
5. a copy of the confirmation of hand over from the person handing over the shipment at pick-up.

If a shipment is delivered damaged the customer must inform DER-Trans in writing within two (2) business days, following the receipt of the damaged shipment, attaching the following:

1. the document signed by the driver and by the customer;
2. photos clearly evidencing the damage (the customer has to provide picture of the shipment and the items before and after collection that clearly show the damage on the parcel or the items occurred during or as a result of transport);
3. a list of the contents of the shipment and their value;
4. the address on which the carrier can inspect and, if necessary, bring the damaged items; AND,
5. copy of the email that confirms the order.

If the customer does not duly notify DER-Trans or does not attach all the required documentation to the email sent to office@der-trans.com, the notification will be considered as not sent.

In case of damage of the shipment, the customer is required to keep the shipment in the condition in which it was delivered, covering all expenses related, until completion of the insurance procedure. If the parcel is damaged on the outside, the customer should take photographs of the damages before taking the goods out of the parcel.

In case the customer notices that some of the items are missing from their shipment at the time of delivery, a claim procedure can be started. The customer must provide DER-Trans via email with the same documentation as in the case of damage, including photographs of the shipment before collection and after delivery that prove the parcel was opened/damaged during transport which would result in missing content.

Upon receipt of all necessary supporting documents, DER-Trans, on behalf of the client, will send to the selected carrier the application for insurance reimbursement with all the documents attached by the customer. The decision about the admissibility of the insurance is of the sole responsibility of the carriers directly, or of the insurance companies with existing agreements with the carriers or with DER-Trans. The carriers or the insurance companies with existing agreements with the carriers or with DER-Trans can take up to two (2) months to decide on the admissibility of a claim. Not receiving a final decision in due time shall not constitute any responsibility of DER-Trans.

The claims are always reviewed by the selected carrier first. If the selected carrier decides to reject the claim, the insurance company has the exclusive right to refuse the claim as well. The additional insurance can cover only the value claimed by the customer, not covered by the basic insurance of the carrier and/or CMR convention in case that the carrier accepts their responsibility as it is a subsidiary insurance. The selected carrier and insurance companies review each claim case and decide about the amount of reimbursement based on the evidence customer provided and in accordance with their terms and conditions as well as with their internal policies. When deciding on the insurance reimbursement, the carrier and the insurance company take into consideration the extent of damages (whether or not the item can still be used). An amortization fee can also be deducted if the damaged items are not new. VAT and shipping costs (if shown on the invoice that proves the value of the items) are not reimbursed.

DER-Trans reserves the right to, at any moment and without the need to provide explanation, decline or refuse a claim due to incomplete, misleading, contradictory or false data received from the customer. In such a case, DER-Trans will not recognize any further claims from the customer or from third parties related to the customer.

DER-Trans does not acknowledge any alternative dispute resolution provider.

5. Applicable Law and Jurisdiction

Unless mandatory rules of the country in which the customer is domiciled specify otherwise:

• these Terms and Conditions and the contracts to which these Terms and Conditions apply will be interpreted in light of the laws of Luxembourg;
• all possible disputes arising from these General Terms and Conditions or from the contracts to which these Terms and Conditions apply will be resolved in the courts of the Luxembourg; AND,
• in case of differences in meaning between the various translations of these Terms and Conditions, the text originally written in English language shall prevail.

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Privacy Policy

DER-Trans SARL, is committed to protect and respect your privacy within the scope of the utilisation of our website, as we consider the protection of data as a key pillar to building trust in strong and long-lasting relations. This Privacy Policy aims to inform you of which of your personal data we may collect, for which purposes we may use it and which rights you are entitled to.

In compliance with applicable data protection legislation, we inform you herewith that we are the controller of the personal information collected, received or otherwise processed about you as described below. Such legislation includes Regulation (EU) 2016/679 of April 27th 2016 (GDPR) and any other national or supra-national statutory law applicable to us.

The responsible party in terms of the GDPR within the scope of this website is DER-Trans SARL, a company with registered office situated at 9 Rue du Laboratoire, LU-1911, Luxembourg and registered with the Luxembourg register of commerce and companies under number B 230321(«DER-Trans», «we», «our», «us»). In its capacity as data controller, DER-Trans is responsible to ensure that the personal data is being processed in a correct manner and in accordance with applicable legislation.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.

By placing an order or opening a DER-Trans account you are accepting and consenting to the practices described in this policy. Furthermore, you guarantee that all persons, whose personal information is given to us by you related to your order or your account, are aware of this policy, accept and consent to the practices described in this policy and are willing and able, upon request of the Information Commissioner or any other Data Protection Authority, to provide a written proof of their consent and acceptance.

1. Information we may collect from you

We may collect and process the following data about you:

1.1 Information you give us

You may give us information about yourself by filling in forms on https://www.der-trans.com (our website) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our services, place an order on our site, other activities commonly carried out on the site and when you report a problem with our site. The information you give us may include:

• information about the customer: your name (your first name and surname or name of the company and first name and surname of the person in charge), VAT ID, address and phone number, financial and credit card information,
• information related to the pick-up: (first name and surname of the person handing in the package, telephone number, pick-up address),
• information related to the delivery: (first name and surname of the person to which the package will be delivered, telephone number and delivery address),
• information related to the confirmation: (email address),
• information you provide through our support channels, where you may choose to submit information regarding a problem you are experiencing with a shipment. Whether you speak to one of our representatives directly or otherwise engage with our support team, you will provide to us contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue, including type of device, operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data.

1.2 Information we collect automatically when you use the Services

We collect information about you when you use DER-Trans services, including while you are browsing our websites.

• Your use of the Services: we keep track of certain information about you when you visit and interact with our services. This information includes the features you use; the services you select, payment options preferred, frequently used addresses, links you click on.
• Cookies and other technologies: we use them in order to provide functionality and to recognize you when you’re trying to use our services.

1.3 Information we receive from other sources

We may receive information about you if you use other services we provide or from public registers. We are also working closely with third parties (including, for example, carriers, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

2. Period of retention

It is our aim to process your personal data to the least extent possible. If the exact storage periods are not mentioned in this statement, we will only store your personal data as long as it is necessary to fulfil the purpose for which it was originally collected and, if appropriate, as long as legally stipulated.
When the processing of the personal data is no longer necessary for the purpose of which it was collected, we will erase such personal data.

3. Purposes of the processing

3.1 Information about the customer you give to us

We will use this information in order to:

• carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us, including to process transactions with you, send you transactional information, authenticate when you log in, provide customer support, and operate and maintain our services;
• provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about, in case that you have given direct consent to receiving this type of communications and have not withdrawn it;
• provide you with information about goods or services we feel may interest you, in case that you have given direct consent to receiving this type of communications and have not withdrawn it;
• notify you about changes to our services;
• ensure that content from our site is presented in the most effective manner for you and for your computer;
• conduct research for development: we learn about how our customers use our services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of our services;
• protect our legitimate business interests and legal rights, whenever it is required for us to do so in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

3.2 Information you give to us relating to the pick-up, the delivery and to the confirmation

We will use this information in order to:

• carry out our obligations arising from any contracts entered into between you and us (including forwarding this information to the carriers within EEA to organize and execute transportation);
• provide you with the information, products and services that you request from us.

3.3 Information we receive from other sources

We may combine this information with information you give to us. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

4. Disclosure of your information

Depending on the nature and scope of our assignment or the services requested from us, we may share personal information with the following recipients to the extent that such disclosure or transmission is deemed reasonably necessary or desirable for satisfying the purposes mentioned above or at the specific legitimate request of our clients, the data subjects concerned. We may share your personal data with:

• authorized DER-Trans personnel located within EEA countries that need access to the information for the performance of any contract we enter into with you;
• companies part of the DER-Trans group in order to operate and improve products and services;
• selected third parties including carriers and other business partners, suppliers and sub-contractors (all within EEA countries) for the performance of any contract we enter into with them or you, including: carriers, providers of website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processors, accounting firms, CRM platform providers, phone system providers, analytics systems providers, etc.

When choosing third parties to whom we may share your information, DER-Trans takes all the necessary precautions to ensure their adequate level of protection with regards to personal data.

We may also disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, but only in case that it is strictly necessary for the transaction to be concluded.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions (office@der-trans.com.

  6. Legal basis

  In order to be a lawful processing, a controller must always base its processing activities of personal data on one of the legal grounds enumerated within the GDPR. We will process your personal data only when we have an appropriate legal basis for doing so.

  Your personal data shall be processed when:

  1. you have given your consent;
  2. it is necessary for the performance of a contract to which you are a party or in order to take steps at your request before entering into a contract;
  3. it is necessary for compliance with a legal obligation to which we are subject;
  4. it is necessary for the purposes of our legitimate interests as long as our interests are not overridden by your interests or fundamental rights and freedoms. For instance:
     • to establish, exercise or defend our legal rights in case of a legal claim;
     • to maintain and update our list of contacts;
     • to deal with communications received from you, contacts via phone or email, and responding to your queries;
     • to ensure network and information security and stability.

  7. Your rights & Remedies

  7.1 Right to access

  You have the right to obtain from us confirmation as to whether or not personal information concerning you is being processed, and, where that is the case, access the personal information and relevant information in that regard.

  7.2 Right to correction

  You have the right to obtain from us without undue delay the rectification of inaccurate personal information concerning you and taking into account the purposes of the processing, the right to have incomplete personal information completed.

  7.3 Right to object

  You have the right to object to the processing of your personal data in certain circumstances stated by GDPR.

  7.4 Right to erasure (Right to be forgotten)

  You have the right to be forgotten whenever the original purposes are no longer relevant and that we do not have legitimate grounds to decline your request to be forgotten.

  7.5 Right to request the restriction of processing

  If you do not agree with a decision to process personal data based on our legitimate interest you may request that such processing be restricted. You may also request a restriction of processing if you consider that we process incorrect data or that the personal data is no longer necessary for the purposes of processing.

  7.6 Right to transportability

  You may ask for the transfer of your personal data to another party.

  7.7 Right to withdraw your consent

  You have the right to withdraw your consent at any time when the processing of personal data was based on your consent.

  7.8 Right to lodge a complaint with the supervisory authority

  You have the right to file a complaint with the data protection authority in your country. Nevertheless, we invite you to contact us before making any complaint to the competent authority.

  To exercise your rights, you can send a written request to office@der-trans.com.

  8. Notification of breach

  We will notify the National Data Protection Commission in case of a breach of personal data without undue delay and no later than 72 hours after detecting the breach.

  Pursuant to the provisions of GDPR, clients and contacts will be personally notified of a personal data breach, without undue delay, only when the personal data breach is likely to result in a high risk to their rights and freedoms.

  9. Changes to our privacy policy

  Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

  We encourage you to review regularly this page to remain informed about your rights and the way we process your personal data.

  This Policy was last reviewed and updated on 26th of November 2019.

  10. Other websites

  Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

  11. Contact

  Questions, comments, complaints and requests regarding this privacy policy are welcomed and should be addressed to office@der-trans.com.

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  This version of the Terms and Conditions enters into force on March 4th, 2021.