JUMiNGO - worldwide express shipping

GENERAL TERMS & CONDITIONS

1.

JUMiNGO GMBH (DE)


2.

JUMiNGO SAS (FR)


1. GENERAL TERMS AND CONDITIONS OF JUMiNGO GMBH

I. Scope of application and legal basis

(1) These General Terms and Conditions (hereinafter “GTC”) apply to the entire business relationship and all contracts between JUMiNGO GmbH, Breslauer Platz 4, 50668 Cologne, Germany (hereinafter “JUMiNGO”) and its contractual partners (hereinafter “Customer”) for the provision of transportation services, including additional and ancillary services (hereinafter “Transportation Contract”), which are concluded via the website www.jumingo.com (hereinafter “Website”), or outside of the Website business after consultation with the sales department of JUMiNGO (hereinafter “Sales”).

(2) JUMiNGO expressly does not recognize the customer's general terms and conditions, including those that regulate matters not mentioned in these GTC, unless JUMiNGO declares its recognition of the customer's general terms and conditions separately in writing.

(3) The legal relationships between JUMiNGO and the customer shall be governed in their application primarily by mandatory law, individual agreements, these GTC and, if applicable, in addition to the GTC of the transport company selected by the customer (with the exception of II (2)), in addition to the ADSp in the latest version.

II Subject matter of the contract and services of JUMiNGO

(1) With regard to the transportation contract, JUMiNGO shall be the sole contractual partner of the customer.

(2) JUMiNGO shall provide the agreed transport service with regard to the execution, i.e. in particular the type, route and means of transportation, by selected transport companies. The customer can choose between different tariffs. For the JUMiNGO tariffs, JUMiNGO shall select a transport company; these General Terms and Conditions shall apply. For the other tariffs, in which the customer selects a transport company himself when concluding the contract, the General Terms and Conditions of Business and Transport of the transport company selected by him (hereinafter “Transport Conditions”) will be made available to him when the transport contract is concluded. These shall become part of the transportation contract between JUMiNGO and the customer. In the event of contradictions between the Terms and Conditions of Transport and these GTC with regard to the customer's obligation to cooperate (VI) and prohibited goods and transport exclusions (V) and liability (IX), the Terms and Conditions of Transport of the carrier selected by the customer, if any, shall take precedence. In all other respects, the terms and conditions of transportation of the respective carrier shall apply in addition to the transportation contract in the relationship between the parties.

(3) JUMiNGO shall transport the subject matter of the contract to the place of destination and deliver it to the recipient at the address specified by the customer. JUMiNGO shall take all reasonable measures to deliver the object of transportation to the recipient within a reasonable period of time, but is usually not obliged to meet a specific delivery deadline.

(4) JUMiNGO is entitled to change or remove the information on the website, in particular prices, services or discounts, at any time without prior notice. Such changes have no influence on prices, services or discounts already contractually agreed with a customer prior to the change. Such changes can only be made by mutual agreement between the parties.

(5) Any complaints regarding concluded transportation contracts or other inquiries from the customer must be addressed to JUMiNGO and not to the selected transport company. The order number or the details identifying the respective transportation contract must be stated in all complaints or inquiries from the customer. Correspondence shall be sent via the contact form or via the e-mail address support@jumingo.com. JUMiNGO shall settle the claim with the selected transport company and shall be entitled to base its decision on the results of the transport company's inspection in the absence of any breach of duty on its part.

III Conclusion of the contract and information to the customer

(1) The offers available on the website are non-binding and subject to change until the transportation contract is concluded. The offers are directed exclusively at natural persons and legal entities with unlimited legal capacity.

(2) The conclusion of the transportation contract between the parties shall take place exclusively by using the corresponding forms and processes on the website, unless the parties agree on another way of concluding the contract. By entering the complete details of his order in the order form provided for this purpose on the website and clicking on the “Order now for a fee” button, the customer submits a legally binding offer to JUMiNGO to conclude the transport contract on the basis of the order details he has entered. The transport contract is concluded upon acceptance of the offer by JUMiNGO. JUMiNGO declares acceptance by sending the order confirmation to the customer by email.

(3) If the transport company selected by the customer or used by JUMiNGO declares to JUMiNGO that it cannot provide the commissioned services to JUMiNGO, JUMiNGO is entitled, after obtaining instructions from the customer, to withdraw from the contract with the customer within a period of 24 hours during normal business hours Monday to Friday from 08:00 to 18:00 on working days since the customer placed the order.

(4) Unless otherwise agreed, the customer is obliged to make full advance payment to JUMiNGO for the services to be provided (release).

(5) Upon conclusion of the transportation contract, the customer agrees to any routing and any changes as well as stopovers.

(6) The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

IV. Right of withdrawal of the customer

(1) If the customer is a consumer within the meaning of § 13 BGB, he is entitled to a right of withdrawal in accordance with § 312 g para. 1 BGB. JUMiNGO informs the customer about the content of the right of withdrawal as follows:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (JUMiNGO GmbH, Breslauer Platz 4, 50668 Köln, Fax: +49 (0) 221 980 44 997, E-Mail: support@jumingo.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the sample withdrawal form available at https://www.jumingo.com/de-de/support/2/94, but this is not mandatory. You can also electronically complete and submit the model withdrawal form or another clear declaration on our website at https://www.jumingo.com/de-de/support/2/94. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail). In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:

(1) If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

(2) The aforementioned right of withdrawal shall not apply to customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (for the definition, see Section 1 of these GTC).

(3) The customer's right of revocation shall expire in accordance with Section 356 (4) BGB if JUMiNGO has provided the service in full and has only begun to perform the service after the customer has given its express consent to this and at the same time confirmed its knowledge that it loses its right of revocation upon complete fulfillment of the contract by JUMiNGO.

In this context, the customer expressly agrees that JUMiNGO may begin to perform the service under the transportation contract before the expiry of the withdrawal period. At the same time, the customer confirms that it is aware that it will lose its right of withdrawal upon complete fulfillment of the contract by JUMiNGO.

V. Prohibited goods and transport exclusions

(1) It is the sole responsibility of the customer to check the object of transportation to ensure that it complies with the GTC of JUMiNGO and the transport conditions of the transport company selected by the customer, if applicable.

(2) Excluded from transportation are the “Prohibited Shipping Items” https://www.jumingo.com/de-de/support/10/41 and luggage to be transported in connection with a trip.

(3) JUMiNGO is entitled, but not obliged, to inspect transport items to ensure that they comply with the GTC of JUMiNGO or the transport conditions of the transport company selected by the customer, if applicable. JUMiNGO may transfer this authorization to the selected transport company in order to give it the opportunity to check for itself whether transport items comply with its own transport conditions. The customer hereby agrees to this by accepting these GTC. Acceptance of the goods by a driver of the transport company used does not constitute acceptance of the goods as compliant with the GTC. JUMiNGO shall be entitled at any time to reject an item to be transported and to refuse to provide the service if there are important reasons for doing so. Important reasons exist in particular if the object of transport does not comply with the GTC of JUMiNGO or the transport conditions of the transport company selected by the customer, if applicable. In particular, but not exclusively, this shall be the case if, for example, a) the packaging of the transport item is missing or incomplete, or b) if the transport item exceeds the dimensions and weights specified when the order was placed, or c) if the transport item is excluded from transportation for other reasons. If the customer has already paid the consideration before JUMiNGO or the selected transport company begins to perform the service, this shall be reimbursed to the customer after deduction of the costs incurred.

(4) If JUMiNGO or the transport company establishes at the time of collection that the transported item is one that does not comply with the GTC of JUMiNGO or the transport conditions of the transport company selected by the customer, if applicable, the customer shall be obliged to pay any fee that may be due under these GTC or the transport conditions of the transport company.

(5) If an item is excluded from transportation, it may not be collected, delivered late, returned or confiscated by the customs or other authorities involved. In such cases, the reimbursement of transportation costs by JUMiNGO and/or the assertion of claims against JUMiNGO are excluded. Any transport insurance taken out for the transport shall not apply in such cases. The customer bears the risk of loss or damage. All additional costs and surcharges incurred for the return transport shall be reimbursed by the customer to JUMiNGO after invoicing.

VI Obligation of the customer to cooperate

(1) After the conclusion of the contract, the customer must ensure that the packaging is appropriate for the selected transport and that the goods are ready for collection or ready for dispatch and properly packaged at the parcel store. The customer must ensure that the transport packaging is appropriate for the transportation of the goods by the selected means of transport and the type of transport and the resulting typical transport stresses. In the case of transport-sensitive contents, the packaging must take into account their particular sensitivity. Fragile contents require particularly careful packaging, where the distance between the product and the packaging should be at least 50 millimeters. Packaging with several products should also contain separating elements so that all contents are secured against slipping. Complaints will not be accepted if damage is due to improper packaging.

(2) JUMiNGO recommends that consignments that require special handling due to their dimensions, susceptibility to damage or for other reasons should not be transported in groupage transport but in direct transport. JUMiNGO shall only accept handling instructions attached to the consignment in groupage transport if these were notified to JUMiNGO and confirmed by JUMiNGO when the transport contract was concluded.

(3) A parcel is a cardboard box. Parcel goods that are not completely packed in a carton or not properly packed are excluded from JUMiNGO's services. They may be rejected, delayed, returned or retained until collection by the customer. In these cases, JUMiNGO will not reimburse any freight charges and the customer shall bear all costs and expenses incurred in the transportation until the order is cancelled, the pick-up fails or the item is returned to the place of departure.

(4) The object of transportation must comply with the specifications agreed in the transportation contract with regard to quantity, weight and dimensions in packed condition. If it deviates from this, JUMiNGO shall be entitled to charge the customer for the resulting costs or any additional costs incurred in the event that transportation is still possible. JUMiNGO expressly points out that in the event that the number, weight and dimensions do not correspond to the specifications agreed in the transport contract, the costs may be disproportionately higher than the originally agreed transport price, as a different tariff may apply for the actual number, weight and dimensions. The customer must therefore expect considerable additional charges in the event of a subsequently discovered discrepancy. The costs are determined via the JUMiNGO website.

(5) If the customer incorrectly states the value of the contents of the shipment where a value declaration is required, JUMiNGO shall not be liable for any resulting costs or damages. If the value of the shipment exceeds certain values, there may be delays in delivery, especially but not exclusively in the case of international transportation, due to longer customs clearance times. JUMiNGO advises against shipments whose value exceeds the maximum limit of an optional insurance policy.

(6) The consignment handed over to the driver must correspond to the consignment ordered. The acceptance of a consignment that does not correspond to the consignment ordered shall not result in the consignment accepted as being in accordance with the contract. The customer shall be responsible if the object of transportation does not comply with the GTC of JUMiNGO or the transport conditions of the transport company selected by the customer, if applicable. Should it be necessary to repack the shipment onto a means of transportation in order to be able to carry out the transport, the customer shall reimburse JUMiNGO for the costs and fees incurred as a result.

(7) In addition, the customer shall assume liability for all damage caused by its consignment during transportation to other consignments, persons, conveyor systems, means of transport, etc., if this is attributable to inadequate or improper packaging.

(8) The object of transportation must comply with all statutory provisions and regulations for the shipment of goods by land, water and air and comply with them. The customer is obliged to ensure that the object of transportation complies with the applicable statutory provisions and regulations. Any damage, administrative penalties or additional costs resulting from a breach of the applicable regulations shall be borne by the customer or JUMiNGO shall be indemnified against them.

(9) In the event of an externally recognizable loss or externally recognizable damage to the transport item, the customer or the recipient must report the damage to the carrier upon delivery and inform JUMiNGO immediately of the loss or damage in text form (by e-mail is sufficient). Otherwise, it shall be assumed that the goods have been delivered complete and undamaged. In the case of loss or damage that is not externally recognizable, this presumption shall apply if the customer or the recipient does not inform JUMiNGO of the loss or damage in text form (by e-mail is sufficient) within seven days of delivery.

(10) The customer acknowledges that JUMiNGO is not liable for damages or expenses incurred due to a breach of the customer's obligation to cooperate. Damages and expenses in this sense are in particular, but not exclusively: transportation charges, freight supervision (including emergency, operating and fuel surcharges), storage costs, taxes incurred, interest, fines, administrative costs, administrative penalties, customs duties, insurance premiums.

VII Remuneration and transportation and storage costs

(1) The customer is obliged to pay the contractually agreed fee for each commissioned service in full in advance (release), unless a special payment method has been agreed.

(2) The customer shall reimburse JUMiNGO or the carrier selected by the customer, if applicable, for expenses in addition to the agreed remuneration, insofar as these were incurred for the goods and JUMiNGO was entitled to consider them necessary under the circumstances (Section 420 (1) HGB). This may include, for example, storage costs, costs of return, duties. In this respect, the customer shall indemnify JUMiNGO in full against all claims asserted by third parties upon first request.

(3) Unless otherwise agreed, invoice amounts shall be payable without deduction no later than 7 days after receipt of the invoice.

(4) The customer shall be in default if he does not pay the amount owed to JUMiNGO within 7 days of receipt of the invoice or an equivalent payment schedule. In the event of default of payment, JUMiNGO shall charge default interest in the amount of 5 percentage points above the base interest rate in accordance with § 247 BGB. If the customer is an entrepreneur within the meaning of § 14 BGB, JUMiNGO shall charge default interest in the amount of 9 percentage points above the base interest rate.

(5) If the customer participates in the direct debit procedure and a direct debit submitted by JUMiNGO is returned for reasons for which the customer is responsible (in particular due to insufficient funds), the customer shall pay JUMiNGO an additional expense allowance of EUR 12.50 per returned direct debit, unless the customer proves that JUMiNGO has incurred no or only minor damage.

VIII Transportation

(1) The customer shall be responsible for informing the recipient of the transported goods that he must check the transported goods for completeness and obvious, in particular externally visible damage. Externally visible damage must be noted on the certificate of receipt upon delivery or must be noted by the driver.

(2) JUMiNGO may charge the customer EUR 8.00 (including VAT) for each non-arrival of the deliverer at the pick-up location within the contractually agreed pick-up period of the transport item; the same shall apply if the transport item to be shipped is justifiably rejected by the transport company selected by the customer for reasons for which the customer is responsible.

(3) The booked pick-up times are not guaranteed and are merely an indication of the expected pick-up date. The same applies to the booked delivery dates. Delivery dates shall only be deemed agreed if the customer has booked a tariff with a time option regarding delivery and the customer has provided JUMiNGO with all information and documents required for the execution of the transport service in good time and has made any payments as agreed.

(4) Unless otherwise agreed or unless otherwise provided for in the terms and conditions of transportation of the transport company selected by the customer, the delivery of the goods shall be made by handing them over to the recipient against a correspondingly acknowledging signature of the recipient.

(5) If delivery of the object of transport is not possible in accordance with the contractual agreement because the recipient cannot be found, the recipient shall be informed accordingly and the object of transport to be sent shall either a) be returned to the customer in accordance with the customer's instructions (which may also have been issued in advance for this case). Any costs for a return transport, in particular the transport charges, are to be paid by the customer to JUMiNGO, or b) a new delivery attempt is made, for which additional costs are incurred in accordance with the following paragraph 6, or c) stored and kept ready for collection by the recipient by JUMiNGO or, if applicable, the selected transport company. JUMiNGO is entitled to make use of a third party for the storage of the transported goods at the customer's expense. In such cases, JUMiNGO shall be entitled to have the transported goods sold in accordance with Section 373 (2) to (4) HGB if the goods are perishable or if the condition of the transported goods justifies such a measure or if the costs otherwise incurred are disproportionate to the value of the transported goods. JUMiNGO may destroy and dispose of unusable goods in transit. Expenses incurred by JUMiNGO in connection with the storage, sale or destruction and disposal of the transported goods shall be reimbursed by the customer. Other conditions may be regulated by the transport conditions of the transport company selected by the customer.

(6) Deliveries can only be made to complete and correct postal addresses (name, street, house number, address suffix if applicable, zip code, city, country), but not to PO boxes, packing stations or similar. If the customer has not provided a complete and correct postal address when booking the order, JUMiNGO cannot accept any liability for delays or returns resulting from this and the shipping costs cannot be refunded for such a reason. Any costs and freight charges for a return shipment due to incomplete or incorrect postal address shall be borne by the customer after invoicing by JUMiNGO. The freight charges are determined via the JUMiNGO website.

(7) In the case of international shipments, the customer must inform himself about all laws, regulations and provisions of the respective recipient country and of each country in connection with the transportation of the shipment and guarantee compliance with them. The same applies to compliance with all applicable sanctions, including those of the US government, whether they have been placed on the territorial list unilaterally or in coordination with the sanctions of other countries. JUMiNGO will not transport shipments that violate export control laws or whose trade is restricted or prohibited by economic sanctions and embargo laws. Shipments will also not be transported if the shipper or any of the parties involved in the shipment are listed on the Denied Persons List maintained by the U.S. Department of Commerce or any of the restricted export controls or sanctions lists published and maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce, Bureau of Industry and Security; the U.S. Department of State, Directorate of Defense Trade Controls; the United Nations Sanctions Committees; the Council of the European Union; and any other relevant authority. This includes, but is not limited to, the Specially Designated Nationals List and Blocked Persons List, the Foreign Sanctions Evasion List, the Entity List, and the Denied Persons List.

The payment of customs duties, fees, taxes and fines, etc., which may be levied in the countries involved in connection with the transportation, are not included in the service provided by JUMiNGO. It is the sole responsibility of the customer to find out about any taxes, fees and customs duties that may be incurred in connection with the delivery and to pay them on time if necessary. Failure to do so may result in the shipment being returned at the customer's expense or confiscated by customs or other authorities. The customer shall indemnify JUMiNGO for all costs, including fines and penalties, arising from non-compliance with customs laws, export controls, sanctions imposed by the customer, storage or destruction of the shipment or measures taken by JUMiNGO to comply with applicable regulations.

In the event that the cross-border transport requires an export license, the customer is generally responsible for obtaining it. The customer has the option of instructing JUMiNGO to obtain the necessary accompanying export documents, provided that the transport involves Germany as the country of departure. JUMiNGO offers this additional service via the website. In this case, the customer must provide JUMiNGO with all information and documents required to comply with the applicable laws and regulations of all countries involved in the transport. The customer must ensure that the export documents are attached to the shipment in a clearly visible manner and in triplicate. JUMiNGO or, if applicable, the transport company selected by the customer shall be informed of the fact that a permit is required and of the content of the permit before the start of the transport (the latter only insofar as the relevant information is relevant for the performance of the transport contract). JUMiNGO is entitled, but not obliged, for the purpose of fulfilling the transportation contract, on the basis of obvious facts or information provided by the customer on behalf of the customer: (a) completing the bill of lading, (b) completing relevant shipment information, (c) paying required taxes and duties in accordance with applicable laws and regulations, (d) acting as a freight forwarder for the customer for customs purposes when exporting, (e) acting as a consignee when importing, but solely for the purpose of designating a customs broker for customs declaration and clearance, and f) redirecting the shipment to the consignee's import agent or to another address upon instructions from a person whom JUMiNGO or the carrier, if any, selected by the customer may deem authorized to do so. If an item has to be returned from outside the country of dispatch, an import fee corresponding to the shipment is due. This is likely to exceed the fee paid for the export of the transportation item. Like the costs of the return shipment, it shall be borne by the customer who ordered the transportation. All these additional costs and surcharges are to be paid by the customer to JUMiNGO after invoicing. In this case or in the event of confiscation by customs or another authority, reimbursement of the transport costs by JUMiNGO and/or the assertion of claims against JUMiNGO shall be excluded. Any transport insurance taken out for the transport shall not apply in these cases. The customer bears the risk of loss or damage.

IX. Liability

(1) Insofar as mandatory national or international law is applicable, JUMiNGO's liability shall be governed by these provisions, otherwise by the provisions of these terms and conditions.

(2) JUMiNGO's liability for damage to and loss of goods in transit shall be limited by weight to 8.33 SDR (Special Drawing Rights of the International Monetary Fund) per kilogram of the gross damaged weight of the damaged or lost goods. Unless the subcontractor used is liable for a lower weight (at least 2 SDRs).

(3) The liability of JUMiNGO is excluded,

  • if the object of transport does not comply with the transport order and does not comply with these GTC or the transport conditions of the transport company selected by the customer, if applicable. This applies in particular to the delivery of prohibited goods in accordance with these GTC or the transport conditions of the transport company selected by the customer, if applicable. This shall apply even if JUMiNGO carries out the transportation despite the possibility of rejection.
  • if the damage is due to a packaging defect or defective labeling.
  • if and insofar as the damage is due to an unavoidable event (strike, war, embargo, sovereign action, etc.).
  • if the damage is purely to the packaging (including suitcases and flight cases).


Further statutory limitations of liability and exemptions from liability shall remain unaffected by these GTC and shall apply in addition without exception.

(4) JUMiNGO shall be liable for exceeding the delivery period for domestic German transports limited to the amount of three times the freight (transportation charge), unless mandatory international law prescribes a different limitation. The claim expires if the entitled party does not notify the delay damage in text form within a period of 21 days after delivery. Timely dispatch shall suffice. Mandatory international law may deviate from this limitation period.

(5) Liability for financial losses that are not based on damage to or loss of the transport item or exceeding the delivery period shall only be given in the event of intent and gross negligence on the part of JUMiNGO, its vicarious agents or its legal representatives. JUMiNGO shall be liable for damage to life, body and health irrespective of the degree of fault. If JUMiNGO is liable for other damage that is not caused by damage, loss and exceeding the delivery period and if it is not damage to property or personal injury, this liability shall be limited to three times the amount that JUMiNGO would have to compensate in the event of loss. Unless the subcontractor used is liable to a lesser extent, in which case JUMiNGO shall be liable in the same way as the subcontractor used. These damages are also limited to the typical contractual and risk-specific damage.

(6) The above limitations and exclusions of liability shall not apply if the damage is attributable to an act or omission committed by JUMiNGO or the selected contractor intentionally or recklessly and in the knowledge that damage would probably occur. Irrespective of this, liability in international air transport is conclusively limited by Art. 22 of the Montreal Convention. Art. 25 of the Montreal Convention is excluded. Section 27 ADSp does not apply.

(7) Even if he is not at fault, the customer shall compensate JUMiNGO or third parties for damages and expenses caused by inadequate packaging or labeling, incorrect or incomplete information in the consignment note, failure to notify the dangerous nature of the goods or the absence, incompleteness or incorrectness of the documents and accompanying documents for customs clearance/official treatment.

The customer shall be liable in particular, but not exclusively, for any damage incurred by JUMiNGO or third parties as a result of the transportation of prohibited goods or the breach of its obligations in accordance with the provisions of these GTC or the transport conditions of the transport company selected by the customer, if applicable. The aforementioned liability of the customer also extends to all transportation costs, storage and other additional costs, customs duties and taxes incurred for the transportation service of JUMiNGO or incurred by JUMiNGO in the interest of the consignor or the consignee or a third party, as well as for indemnification or reimbursement with regard to all claims, damages, administrative penalties and costs incurred because the shipment is justifiably excluded from transportation. In this respect, the customer shall indemnify JUMiNGO in full against all claims asserted by third parties upon first request.

X. Insurance cover for goods in transit

(1) JUMiNGO's liability is generally limited in terms of amount. At the customer's request, JUMiNGO shall insure the consignment against loss or damage against payment of an increased fee (insurance premium). The sum insured can amount to a maximum of EUR 50,000.00. Insurance for goods values exceeding the aforementioned amount must be agreed with JUMiNGO in writing before the start of the risk (= start of transportation) in terms of premiums, conditions, security agreements and other required risk conditions.

JUMiNGO shall take out transport insurance in the interests of the customer with KRAVAG LOGISTIC Versicherung AG, Voltastraße 84, 60486 Frankfurt. This is insurance for the account of a third party.

(2) Non-insurable (=excluded) perils are, according to the insurance conditions

a) perils of war, civil war or warlike events and those which arise independently of the state of war from the hostile use of tools of war as well as from the presence of tools of war as a consequence of one of these perils;

b) risks arising from strikes, lockouts, labor unrest, acts of terrorism or political violence, regardless of the number of persons involved, riots and other civil unrest;

c) risks arising from confiscation, seizure or other interventions by public authorities;

d) risks arising from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons with a dangerous effect, irrespective of other contributory causes;

e) risks arising from nuclear energy or other ionizing radiation;

f) risks of insolvency and default of payment of the shipowner, charterer or operator of the vessel or other financial disputes with the aforementioned parties, unless

  • the policyholder proves that he has selected the aforementioned parties or the forwarding agent commissioned with the due care of a prudent businessman;
  • the policyholder or the policyholder or insured person is the buyer and, under the terms of the purchase contract, was unable to influence the selection of the


persons involved in the transportation.

(3) According to the insurance conditions (goods group D), the following are not insurable goods

  • Bijouterien,
  • documents,
  • drugs (in accordance with the Narcotics Act),
  • genuine pearls,
  • precious metals,
  • precious stones,
  • objects made of precious metals and precious stones,
  • money in coins and bills,
  • jewels,
  • cheque and credit cards,
  • valid telephone cards,
  • documents,
  • securities of all kinds,
  • outer packaging


(4) The following goods can be insured (goods group C of the insurance conditions) by agreement before the start of the risk and with the written consent of JUMiNGO:

  • Alcohol (duty unpaid),
  • plant engineering,
  • antiques,
  • cotton (sea transport),
  • damaged goods,
  • chemicals (sea transport),
  • personal effects,
  • explosive goods,
  • fibrous materials,
  • fresh fruit/vegetables,
  • spices,
  • nuclear fuels,
  • works of art,
  • bulk goods in tankers and bulk carriers,
  • ammunition,
  • nuts,
  • plants (live),
  • radioactive materials,
  • green coffee,
  • raw cocoa,
  • cut flowers,
  • heavy goods (bulk/heavy goods transportation),
  • spirits (duty unpaid),
  • steel trade products (sea transportation),
  • animals (live),
  • watches,
  • removal goods,
  • unpacked goods,
  • weapons,
  • sugar (sea transportation).


The insurability of these goods does not constitute an amendment to Clause V. Prohibited goods and transport exclusions.

(5) In particular, the insurance does not cover damage caused by

a) a delay in the journey;

b) internal spoilage or the natural condition of the goods;

c) customary differences in quantity, dimensions and weight or losses;

d) normal humidity or normal temperature fluctuations;

e) packaging that is not suitable for the stresses involved or improper loading or deliberate causation of the loss event by the customer.

(6) JUMiNGO shall be entitled to transmit the necessary information and data to the insurer for the purpose of claims processing within the scope of the insurance.

XI. Data protection

Data protection is a matter of trust and your trust is important to us. We respect your privacy and personal sphere. The protection and legally compliant collection, processing and use of your personal data is therefore an important concern for us. To ensure that you feel secure when visiting our website, we strictly observe the statutory provisions when processing your personal data and would like to inform you here about our data collection and data use.

XII Other regulations

(1) Offsetting or retention against claims of JUMiNGO is only permitted with due counterclaims that are undisputed, ready for decision or legally established.

(2) The customer may neither assign nor pledge claims against JUMiNGO; this shall not apply to monetary claims.

(3) Unless otherwise stipulated by law, the exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these GTC shall be Cologne; the same shall apply if the customer is not domiciled in the Federal Republic of Germany when placing the order with JUMiNGO. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(4) If a provision of these GTC is invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision whose effects come as close as possible to the economic objective pursued by the parties with the invalid provision.

2. GENERAL TERMS & CONDITIONS OF JUMiNGO SAS

PREAMBLE - GENERAL PROVISIONS

The services provided by JUMiNGO SAS are, by default, subject to the provisions of Articles L.132-5 and subsequent of the French Commercial Code, as well as the Standard Contract for Transport Brokerage (Decree No. 2013-293 of April 5, 2013).

These General Terms and Conditions apply to all services and operations carried out by JUMiNGO SAS (a simplified joint-stock company with a share capital of €50,000, headquartered at 54-56 Avenue Hoche, 75008 Paris, France, and registered under number 935 072 884 RCS Paris) as agreed through the website www.JUMiNGO.com (hereinafter referred to as the “Website”).

Unless otherwise agreed, any commitment, shipment, or operation entrusted to JUMiNGO SAS by the client constitutes acceptance of the following conditions:

All logistics and transport brokerage operations, as specified in Article L.1432-9, are governed by Decree No. 2013-293 of April 5, 2013.

All material transport operations for goods, unless subject to a specific standard contract, are governed by the General Standard Contract approved by Decree No. 2017-461 of March 31, 2017.

ARTICLE 1 - PURPOSE AND DEFINITIONS

This document aims to define the terms under which JUMiNGO SAS performs, in any capacity (Agent, Forwarder, Transport Broker, etc.), activities and services related to the physical transportation of goods of all kinds, from any origin to any destination, at a freely agreed price ensuring fair remuneration for the services rendered, both domestically and internationally.

These General Terms and Conditions take effect on the date they are published on the Website and become binding upon acceptance during the first order placed by the client. They will remain effective until replaced by new general terms and conditions, which are accessible and downloadable at any time on the Website.

Any commitment or operation with JUMiNGO SAS signifies unconditional acceptance by the client of the terms defined herein.

Regardless of the transport method used, these conditions govern the relationship between the client and JUMiNGO SAS.

JUMiNGO SAS performs the requested services under the terms specified, particularly in Article 2 below.

No other general or specific terms originating from the client may override these terms without the formal acceptance of JUMiNGO SAS.

For the purposes of these General Terms and Conditions, the following terms are defined as follows:

ORDERING PARTY / CLIENT / USER: Refers to the party contracting the service with the transport and/or logistics operator, typically the client or user.

TRANSPORT AND LOGISTICS OPERATOR (TLO): Referred to as "TLO," this includes any entity (agent, forwarder, logistics service provider, transport broker, warehouse keeper, carrier, etc.) entering into a transport contract with a carrier to execute part or all of the transport operation or outsourcing logistics services to a subcontractor when it does not perform these services itself.

TRANSPORT BROKER: Refers to any service provider who organizes and ensures the execution of a transport operation under their responsibility and in their own name, in accordance with Article L.132-1 of the French Commercial Code, using the modes and means of their choice on behalf of a principal.

LOGISTICS OPERATOR: Refers to any service provider who organizes, executes, or ensures the execution under their responsibility and in their own name, in accordance with Article L.132-1 of the French Commercial Code, of operations related to the management of the physical flow of goods as well as the associated documentation and information flows.

CARRIER: Refers to the professional engaged in the initial transport contract entered into with the client or the transport broker.

SHIPMENT: Refers to a set of goods, packaged (e.g., pallets, containers) or unpackaged, made available to the TLO and documented under the same title for a single consignment.

PACKAGE: Refers to an object or a material assembly composed of multiple objects, regardless of their weight, dimensions, or volume, constituting a single load unit handed over to the TLO (box, crate, container, bundle, roll, strapped, or shrink-wrapped pallet prepared by the sender, etc.) conditioned by the sender before pickup, even if its contents are itemized in the delivery document.

The Website offers a comparison tool enabling the ordering party to compare, in a non-exhaustive manner, the offers of multiple carriers based on various criteria. Carriers enter into direct partnership agreements with JUMiNGO SAS to have their offers listed on the Website. Therefore, the Website’s offers do not represent all carriers available in the market.

The Website is remunerated via a margin that does not influence the ranking of offers on the Website, as detailed below. Except for exceptions listed below, JUMiNGO SAS does not hold equity in any partner carriers whose offers are compared on the Website, nor do any partner carriers hold equity in JUMiNGO SAS.

The Website uses complex and dynamic algorithms to present transport service offers in an efficient manner. Offers are continuously updated. During a comparison request by the ordering party, the Website queries partner carriers' servers in real time, ensuring that the compared offers reflect the latest pricing policies of the queried carriers.

Carriers may be delisted in cases of non-renewal of the partnership agreement or failure to comply with their legal or contractual obligations, including cases of illegal or inaccurate offers.

ARTICLE 2 - QUOTATIONS - PRICING - ESTIMATES

Quotations are based on the applicable rates, regulations, and agreements and may be modified or even suspended without prior notice in the event of changes to these rates, regulations, and conditions, traffic interruptions on the planned routes, force majeure, or other unforeseen circumstances.

Quoted prices are valid only if the operation is conducted according to the instructions that must be provided in advance.

Prices are automatically calculated using algorithms that take into account, in particular, the type of transport chosen by the User (e.g., the cheapest, the fastest), the type of shipment (e.g., express, standard), the weight or dimensions of the Package, and the distance between the pickup and delivery addresses. They include JUMiNGO SAS’s remuneration for the service.

The order price is stated in euros, including all applicable taxes, but excluding any potential additional customs costs or specific packaging fees.

If applicable, the price includes the cost of the ad valorem insurance service subscribed by the Company at the User’s request.

JUMiNGO SAS and the Carrier may claim additional costs and fees from the User in case of errors, particularly concerning the details of the Package provided at the time of the Order, as well as any customs duties and taxes. These additional costs may be directly charged to the User using the payment method provided at the time of the Order. These additional costs may be directly charged to the User using the payment method provided at the time of the Order or settled by bank transfer or PayPal within 7 days of receipt of the invoice. By accepting these General Terms and Conditions, the User expressly authorizes such charges.

Prices provided by JUMiNGO SAS are valid for a maximum duration of 7 days from the date of the quotation.

2-1 - INSTRUCTIONS - INFORMATION PROVIDED BY THE CLIENT

The services provided are those defined and agreed upon with the ordering party and specified in the online form established by JUMiNGO SAS.

The contract is based on the information provided by the ordering party in a timely manner to allow for the proper organization of the requested service, including the nature, quantity, and significance of the goods and materials to be handled and transported.

The conclusion of the transport contract between the parties is exclusively carried out through the forms and procedures on the Website, unless otherwise agreed by the parties. By entering the full details of their order in the designated form and validating it on the Website, the ordering party submits a legally binding offer to JUMiNGO SAS to conclude the transport contract based on the details entered. The transport contract is concluded when JUMiNGO SAS accepts the offer and confirmation is sent to the ordering party by email.

By concluding the transport contract, the ordering party accepts any route, as well as any modifications or stopovers.

JUMiNGO SAS is not required to verify the documents and information (e.g., commercial invoices, packing lists) provided by the ordering party.

The designation of the loading and delivery locations, as well as the conditions and state of access to the premises for personnel and vehicles (e.g., parking possibilities, administrative authorizations, corridors, doors, stairs, elevators, ongoing construction work, and any other specific features), must be provided.

Notification of items subject to special transport regulations and administrative formalities remains the responsibility of the ordering party unless otherwise stipulated in a special agreement.

Complete instructions must be provided for each operation; general and permanent instructions are not permitted.

JUMiNGO SAS is not required to verify the information provided or the weights and/or dimensions declared by the ordering party.

JUMiNGO SAS is entitled, but not obligated, to take the following actions on behalf of the client based on the information provided:

a) Fill out the transport waybill,

b) Add relevant information for the shipment,

c) Pay required taxes and duties in accordance with applicable laws,

d) Act as a transit agent for the client for customs purposes at export,

e) Represent itself as the consignee at import, solely to appoint a customs broker for declaration and clearance, and

f) Redirect the shipment to the consignee's authorized import agent or another address based on instructions from a person whom JUMiNGO SAS or the transport company chosen by the client deems authorized.

The ordering party also assumes responsibility if their instructions lead to infractions committed by JUMiNGO SAS, or if any declarations or documents provided by them are incomplete or erroneous, whether in terms of quality or quantity, or submitted late.

Acceptance of the goods by a driver from the transport company used does not constitute acknowledgment of the goods' compliance with the General Terms and Conditions. JUMiNGO SAS reserves the right to refuse a shipment at any time and to decline to provide the service if there are valid reasons for doing so. Such reasons include, but are not limited to:

a) The absence of or inadequate packaging,

b) The shipment exceeding the dimensions or weight specified at the time of the order, or

c) The shipment being excluded from transport for other reasons.

If any of the above actions occur without JUMiNGO SAS’s knowledge, its liability will be entirely excluded, and the ordering party’s liability may, where applicable, be engaged.

2-2 - PRINTING THE SHIPPING LABEL

To enable the Carrier to transport the Package, the User must print and affix the shipping label, issued by the Carrier and provided by JUMiNGO SAS, onto the Package in a manner that ensures it is clearly readable by the Carrier.

The User acknowledges that they will bear the consequences of any issues arising from errors in printing the shipping label or from a label that is poorly affixed, illegible, or obscured.

The shipping label will include, if applicable, the Carrier’s information regarding the pickup and delivery dates and locations for the Package. The User agrees to comply with these terms, failing which the Package may not be transported in accordance with the Order by the Carrier.

2-3 - CANCELLATION OR MODIFICATION OF THE ORDER

Within a period of 7 days from the date the Order is placed, the User may request the cancellation or modification of their Order, provided they meet the following cumulative conditions:

a) The Order was placed less than 7 days ago;

b) Compliance with the cancellation or modification conditions as outlined in the general terms and conditions of the Carrier chosen by the User;

c) The pickup of the Package by the Carrier, as indicated on the shipping label, is scheduled to occur at least 24 (twenty-four) hours after the User submits their cancellation or modification request.

The User acknowledges that no cancellation or modification request leading to a refund can be made if the Carrier is scheduled to pick up the Package within 24 (twenty-four) hours of the submission of the cancellation or modification request.

If the 24-hour period begins on a non-working day, the cancellation or modification request must be submitted on the last working day before the deadline, subject to any fees charged by the Carrier.

To request the cancellation or modification of an Order, the User must complete the questionnaire available in the help center on the Website.

2-4 - COOPERATION OBLIGATIONS OF THE ORDERING PARTY

After the conclusion of the contract, the ordering party must ensure that the packaging is suitable for the chosen transport method and that the goods are ready to be collected or shipped, properly packaged at the designated drop-off or collection point. The packaging must meet the requirements of the chosen transport method and its typical constraints. For goods sensitive to transport, the packaging must account for their fragility. Fragile items require particularly careful packaging, with a minimum distance of 50 millimeters between the item and the internal walls of the packaging. For packaging containing multiple items, dividers must be used to prevent the contents from shifting. Claims will not be accepted if damage results from inadequate packaging.

JUMiNGO SAS recommends that shipments requiring special handling due to their size, sensitivity to damage, or other reasons should not be transported as grouped shipments but as direct transport. JUMiNGO SAS will only accept handling instructions attached to grouped shipments if such instructions have been communicated and confirmed by JUMiNGO SAS during the conclusion of the transport contract.

A package is defined as a cardboard box. Goods that are not fully enclosed in cardboard packaging or not properly packaged are excluded from JUMiNGO SAS’s services. Such shipments may be refused, delayed, returned, or held until collected by the ordering party. In such cases, JUMiNGO SAS will not refund transportation costs, and the ordering party will bear all costs and expenses related to transportation until the order is canceled, the collection fails, or the goods are returned to the point of origin.

In the case of non-compliance, JUMiNGO SAS reserves the right to charge additional costs or fees if the transport is nonetheless carried out. JUMiNGO SAS emphasizes that if the quantity, weight, or dimensions differ from the agreed specifications, the fees may be significantly higher than the originally agreed rate, as a different rate may apply. The ordering party should anticipate significant additional fees if discrepancies are found. Costs are calculated via the JUMiNGO SAS Website.

If the declared value of the shipment is incorrect when a value declaration is required, JUMiNGO SAS will not be liable for resulting damages, costs, or losses. If the shipment’s value exceeds certain limits, particularly for international transport, delivery delays may occur due to longer customs clearance times. JUMiNGO SAS advises against shipments whose value exceeds the maximum coverage limit of an optional insurance policy.

The shipment handed over to the driver must match the shipment ordered. Acceptance of a shipment that does not conform to the initial order does not mean the shipment is deemed compliant with the contract. The ordering party is liable if the shipment does not comply with JUMiNGO SAS’s General Terms and Conditions or the Transport Conditions of the chosen carrier, if applicable. If the shipment requires reconditioning to complete transport, the ordering party must reimburse JUMiNGO SAS for the incurred costs and fees.

The shipment must comply with all applicable legal and regulatory provisions for transporting goods by land, sea, or air. The ordering party is responsible for ensuring that the shipment complies with the applicable laws and regulations. Any damage, administrative fine, or additional cost resulting from violations of these regulations will be the responsibility of the ordering party, or JUMiNGO SAS must be indemnified against any liability in this regard.

In the case of visible external damage or loss of transported goods, the ordering party or recipient must report the damage to the carrier upon delivery and immediately inform JUMiNGO SAS in writing (an email is sufficient). Failing this, it will be presumed that the goods were delivered in full and in good condition. For loss or damage that is not externally visible, this presumption will apply if the ordering party or recipient does not notify the loss or damage by registered mail with acknowledgment of receipt within three days of delivery.

The ordering party acknowledges that JUMiNGO SAS is not liable for damages or expenses resulting from the client’s failure to fulfill cooperation obligations. These damages and expenses include, but are not limited to, transport costs, freight supervision (including emergency, operational, and fuel surcharges), storage fees, taxes, interest, fines, administrative fees, penalties, customs duties, and insurance premiums.

2-5 - TRANSPORT EXECUTION

The client is responsible for informing the recipient of the transported goods that they must verify the entirety of the goods and identify any visible damage, particularly damage apparent on the exterior of the shipment. Visible damages must be noted on the delivery receipt at the time of delivery or documented by the driver.

JUMiNGO SAS may charge the client €8.00 (VAT included) for each failed pickup attempt by the carrier at the designated collection point within the contractual timeframe. This also applies if the shipment is legitimately refused by the transport company chosen by the client for reasons attributable to the client.

Reserved collection times are not guaranteed and are only estimates of the date and time of pickup. The same applies to pre-scheduled delivery dates. Delivery dates are only considered confirmed if the client has purchased a rate with a guaranteed delivery time option and has provided JUMiNGO SAS with all the necessary information and documents in a timely manner, along with all agreed payments.

Deliveries can only be made to complete and accurate postal addresses (including name, street, number, additional address details if applicable, postal code, city, and country), and not to P.O. boxes, parcel lockers, or similar locations. If the client has not provided a complete and accurate postal address when placing the order, JUMiNGO SAS assumes no liability for delays or returns caused by this issue, and shipping costs will not be refunded for this reason. All return shipping costs resulting from an incomplete or incorrect address will be charged to the client after invoicing by JUMiNGO SAS. Transport fees are calculated via the JUMiNGO SAS Website.

For international shipments, the client is responsible for informing themselves of all laws, regulations, and requirements of the destination country and each country involved in the transport and for ensuring compliance with these regulations. The same applies to compliance with all applicable sanctions, including those imposed by the U.S. government, whether they are part of a unilateral territorial list or coordinated with sanctions from other countries. JUMiNGO SAS does not transport shipments that violate export control laws or that are restricted or prohibited under economic sanctions and embargo laws. Additionally, JUMiNGO SAS will not transport shipments if the sender or any involved party appears on the U.S. Department of Commerce’s list of prohibited persons or on restricted sanctions lists published by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury Department, the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. State Department, the United Nations sanctions committees, the European Union Council, or any other competent authority. This includes, but is not limited to, the List of Specially Designated Nationals and Blocked Persons, the Entity List, and the Denied Persons List.

Payment of customs duties, taxes, fines, and other charges that may be incurred in the countries involved in the transport is not included in the service provided by JUMiNGO SAS. It is the sole responsibility of the client to research the taxes, fees, and customs duties associated with delivery and to pay them in a timely manner if necessary. Otherwise, the shipment may be returned at the client’s expense or confiscated by customs or other authorities. The client must indemnify JUMiNGO SAS for all costs, including fines and penalties, incurred due to non-compliance with customs laws, export controls, imposed sanctions, storage, destruction of the shipment, or measures taken by JUMiNGO SAS to comply with applicable regulations.

If cross-border transport requires an export declaration, it is generally the client’s responsibility to obtain it. The client may request JUMiNGO SAS to obtain the necessary supporting documents for export if the shipment originates from France. JUMiNGO SAS offers this additional service via its Website. In such cases, the client must provide JUMiNGO SAS with all necessary information and documents to comply with the laws and regulations applicable in all countries involved in the transport. The client must ensure that export documents are clearly visible and attached to the shipment in three copies. JUMiNGO SAS or, where applicable, the transport company selected by the client must be informed before transport begins if a license is required and of the contents of that license (only to the extent that this information is relevant for executing the transport contract).

If an item must be returned from the delivery country, import fees corresponding to the shipment will be due. These fees may exceed the charges paid for exporting the goods and will be borne by the client who ordered the transport, along with return costs. All these additional fees must be settled by the client to JUMiNGO SAS after invoicing. In such cases, or in the event of confiscation by customs or another authority, reimbursement of transport costs by JUMiNGO SAS and/or any claims against JUMiNGO SAS are excluded. Any subscribed transport insurance does not apply in these situations. The client assumes the risk of loss or damage.

2-6 - REFUSAL OR FAILURE OF THE RECIPIENT

Unless otherwise agreed or specified in the transport conditions of the transport company selected by the client, delivery of the goods is completed by handing them over to the recipient against a signature and corresponding acknowledgment of receipt.

In the event that the recipient refuses the goods or fails to accept them for any reason, all initial and additional costs incurred for the transport of the goods will remain the responsibility of the ordering party.

2-7 - ADDITIONAL SERVICES

Any additional service performed and mentioned on the transport document will result in additional billing without requiring revalidation of the quotation with the Client.

ARTICLE 3 - LIABILITY AND LIMITATION OF COMPENSATION

Quotations are prepared considering the limits of compensation.

JUMiNGO SAS cannot be held liable for immaterial damages, commercial losses, or intangible damages.

CLAIMS UPON DELIVERY

In the event of loss, damage, or any other harm to the Package, or in case of delay, the Recipient must make specific and detailed reservations at the time of Delivery. Only such reservations made at delivery establish a presumption of liability on the part of the carrier. In the absence of reservations, the User must provide evidence of both the existence of damages upon delivery and that these damages originated during the transport carried out by the Carrier.

LIABILITY FOR PERSONAL ACTS

In all cases where JUMiNGO SAS’s liability is engaged for any reason and on any grounds, it is strictly limited to compensation for the damage resulting from the loss or damage of the goods, excluding all other damages and interest.

The compensation chargeable to JUMiNGO SAS cannot, in any case, exceed either the amount provided for by applicable International Conventions, laws, tariffs, or regulations for the relevant shipment or, failing this, €10 per kilogram with a maximum of €250 per lost, damaged, or stolen package, regardless of its nature, weight, volume, or dimensions, and cannot exceed €5,000 per shipment.

In the case of delay, the compensation for proven damage resulting from the delay cannot exceed either the amount due in case of total loss or the transport cost, whichever is lower.

In all circumstances, and as a subsidiary measure, the compensation limits specified in the Contrat Type Commission de transport (Décret n° 2013-293 du 5 avril 2013) will apply, including for services performed abroad.

JUMiNGO SAS’s liability is excluded if the transported item does not comply with the transport order, these General Terms and Conditions, or the carrier’s transport conditions, if applicable. This includes, in particular, the transport of prohibited goods as per these General Terms and Conditions or the carrier’s conditions. This exclusion remains applicable even if:

  • JUMiNGO SAS proceeds with transport despite having the option to refuse it,
  • The damage is caused by inadequate packaging or labeling,
  • The damage results from an unavoidable event (e.g., strike, war, embargo, sovereign action), or
  • The damage is limited to the packaging (including suitcases and flight cases). The legal liability limitations and exclusions remain unchanged under these General Terms and Conditions and apply additionally without exception.


LIABILITY OF SUBSTITUTES

  • Domestic Transport
    The compensation limits specified in standard contracts are applicable to the relevant service.
  • International Transport
    The compensation limits provided under international regulations are applicable to the relevant service.

Quotations are prepared considering the above contractual and legal compensation limits.

CLIENT INDEMNIFICATION OBLIGATIONS

The client must indemnify JUMiNGO SAS or third parties for damages and costs resulting from inadequate packaging or labeling, inaccuracies, or incompleteness of the information provided on the waybill, even if the client is not at fault, the failure to declare the hazardous nature of goods to customs, or the absence, incompleteness, or inaccuracies of customs documentation.

The client is particularly, though not exclusively, liable for any damage incurred by JUMiNGO SAS or third parties due to the transport of prohibited goods or violations of their obligations under these General Terms and Conditions or the conditions of the selected carrier, if applicable.

This liability also extends to all transportation, storage, and other additional costs, customs duties, and taxes incurred for JUMiNGO SAS’s transport service or borne by JUMiNGO SAS in the interest of the sender, recipient, or a third party, as well as for any indemnities or reimbursements related to claims, damages, administrative penalties, and costs arising from the legitimate exclusion of the shipment from transport.

In this respect, the client must fully indemnify JUMiNGO SAS for all claims made by third parties upon first demand.

ARTICLE 4 - VALUE DECLARATION - INSURANCE - COMPENSATION

The ordering party alone bears the consequences resulting from false, erroneous, incomplete, or unsuitable declarations or documents, whether in terms of quantity or quality, or submitted late to JUMiNGO SAS.

No claims may be made against JUMiNGO SAS for immaterial damages, intangible losses, or commercial prejudices.

4.1 - However, the ordering party may obtain higher coverage for goods exceeding the aforementioned limits by submitting a written request in advance, at the time of the order, to subscribe to special insurance through JUMiNGO SAS. This coverage will be proportional to the value to be insured, with premium amounts invoiced as an additional charge.

4.2 - No insurance will be contracted without written instructions for each shipment, specifying the risks to be covered.

Acting solely as an intermediary, JUMiNGO SAS will not be jointly liable with the insurers.

GENERAL TERMS OF INSURANCE COVERAGE

JUMiNGO offers insurance coverage for transported goods, limited to a maximum amount of €10,000 per shipment. Higher coverage may be negotiated upon written request prior to the start of transport, subject to a specific agreement on premiums, conditions, and security requirements.

The insurance policy is underwritten in the client’s interest with the insurance broker COSTE FERMON. Specific conditions are detailed in these General Terms and Conditions.

SPECIFIC EXCLUSIONS FROM COVERAGE

The following risks are not covered under the terms and conditions of the Insurer policy:

  • War, civil war, acts of war, or the use of weapons of war.
  • Acts of terrorism, strikes, riots, or civil unrest.
  • Seizures, confiscations, or interventions by public authorities.
  • Use of chemical, biological, or nuclear weapons.
  • Risks related to insolvency or non-payment by carriers, except where due diligence is demonstrated.

ITEMS EXCLUDED FROM INSURANCE

The following goods cannot be insured:

  • Jewelry, precious stones, or precious metals.
  • Documents, checks, bank cards, or any negotiable instruments.
  • Drugs and regulated substances.
  • Furs.

ITEMS SUBJECT TO SPECIAL CONDITIONS

With prior written agreement, the following goods may be insured under specific conditions and premiums:

  • Fragile items, works of art, live plants, live animals.
  • Alcohol and spirits, chemicals, explosives.
  • Damaged goods.

These conditions do not modify specific exclusions mentioned elsewhere in these General Terms and Conditions.

EXCLUDED DAMAGES FROM INSURANCE COVERAGE

The following exclusions apply:

  • Damages caused by delays.
  • Natural deterioration of goods (e.g., spoilage, humidity).
  • Inadequate packaging or mishandling by the client.
  • Losses or variations in weight, volume, or customary commercial measures.


CLAIMS DATA MANAGEMENT

As part of claims processing, JUMiNGO SAS may share necessary information with the insurance broker COSTE FERMON to expedite compensation procedures.

ARTICLE 5 - DANGEROUS GOODS REQUIRING AUTHORIZATION

Any dangerous goods (explosive, flammable, toxic, radioactive, etc.) or goods requiring authorization as defined by applicable regulations must be declared in advance in writing by the ordering party and must receive written approval from JUMiNGO SAS prior to transport.

If a transport item falls under the category of goods excluded from transport, it may not be accepted, may be delayed, returned, or confiscated by customs or other competent authorities. In such cases, the refund of transport costs by JUMiNGO SAS and/or any claims against JUMiNGO SAS are excluded. Any transport insurance subscribed to does not apply in these situations. The ordering party assumes the risk of loss or damage. All additional costs related to the return of the transport must be paid by the ordering party after invoicing by JUMiNGO SAS.

ARTICLE 6 - PAYMENT TERMS

Our invoices are payable in full upon receipt. Unless otherwise specified, the ordering party is required to pay JUMiNGO SAS the full amount in advance for each service to be provided (prepaid freight).

When payment terms are exceptionally granted, any partial payment will be applied first to the non-secured portion of the debt.

Failure to make a single payment when due will result, without any formal notice, in the termination of any payment terms, and the full balance will become immediately payable.

If the client participates in the direct debit process and a debit submitted by JUMiNGO SAS is rejected for reasons attributable to the client (e.g., insufficient funds), the client must pay JUMiNGO SAS an additional fee of €12.50 per rejected debit unless the client provides evidence that JUMiNGO SAS has incurred no loss or only a minimal loss.

The ordering party acknowledges JUMiNGO SAS's right to exercise a lien over goods in its possession until full payment for the service is received.

Late payment penalties: 15% per month of delay – No discounts will be granted for early payment.

A flat fee of €150 (excluding VAT) will be charged for any delay or modification of an invoice requested by the client after it has been issued.

ARTICLE 7 - JURISDICTION

Any dispute regarding the settlement of invoices or the proper execution of operations entrusted to JUMiNGO SAS falls under the exclusive jurisdiction of the Commercial Court of Paris, even in cases of third-party claims or multiple defendants.

No exception to these General Terms and Conditions may be cited as a precedent for future operations.

ARTICLE 8 - RECOURSE: CLAIMS & LIMITATION PERIODS

In the event of loss, damage, or any other harm to the goods, or in the case of delay, regardless of the legal nature of the service entrusted to JUMiNGO SAS, it is the responsibility of the ordering party, the recipient, or the consignee to make regular and sufficient observations, take motivated reservations, and perform all actions necessary to preserve their rights. These reservations must be confirmed in the legally required forms and timeframes, via registered letter, within a maximum of three days. Failing this, no action may be taken against JUMiNGO SAS or its subcontractors due to forfeiture.

Any action against JUMiNGO SAS resulting from contracts with the ordering party, regardless of the legal nature of the service provided, is subject to a limitation period of one year from the date of the event giving rise to the claim.

ARTICLE 9 - ACCESS AND USE OF THE WEBSITE

The User acknowledges that JUMiNGO SAS cannot guarantee continuous access to the Website, as such access depends on services provided by third parties. Therefore, JUMiNGO SAS’s obligation regarding access to the Website is one of their best efforts.

During technical maintenance of the Website, access may be temporarily interrupted.

Consequently, JUMiNGO SAS cannot be held liable for any damages resulting from the unavailability of the Website or connection issues.

When using the Website, the User agrees not to:

  • Collect or store personal data about other Website users;
  • Interfere with the functioning of the Website;
  • Compromise the security of the Website;
  • Impersonate a third party;
  • Send unsolicited emails.


ARTICLE 10 - INTELLECTUAL PROPERTY

All elements that make up the Website, including texts, images, illustrations, photographs, databases, software, trademarks, trade names, logos, articles, and architecture (hereinafter referred to as the “Website Content”), are protected under intellectual property law.

Any reproduction, full or partial use, extraction, or reuse of the Website Content without the prior written authorization of JUMiNGO SAS is prohibited and may result in legal action.

ARTICLE 11 - DATA PROTECTION

Data protection is a matter of trust, and we respect your privacy. The collection, processing, and use of your personal data are carried out in compliance with applicable legal provisions. We hereby inform you of our data collection and usage policy to ensure you can browse our website securely.

These terms are a translation of their French equivalent, which will prevail in case of inconsistency.

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