Terms of Service
These General Terms and Conditions govern the use of the Shipman platform provided by Redstone IT GmbH.
§ 1 Scope
These General Terms and Conditions (“Terms”) apply to all contracts between Redstone IT GmbH, Potsdamer Platz 10, 10785 Berlin (“Provider”) and the customer (“Customer”) regarding the use of the Shipman platform and its associated services. By registering for and using our services, the Customer accepts these Terms. Deviating terms of the Customer do not become part of the contract unless the Provider expressly agrees to them in writing.
§ 2 Description of services
The Provider supplies the Customer with Shipman, a cloud-based warehouse-management and fulfillment software (Software as a Service). The functionality includes, in particular, management of products, stock and storage locations, order and reservation handling, picking, packing and shipment processing, carrier integrations and document generation (such as shipping labels and delivery notes). The specific scope of functions results from the respective service description and the selected plan. The Provider is entitled to further develop and improve the services, provided that the core functionality is not significantly impaired.
§ 3 Conclusion of contract
The presentation of the services does not constitute a binding offer. The contract is concluded when the Provider activates an account for the Customer or confirms an order. Registration requires complete and accurate information, which the Customer must keep up to date. The Customer is responsible for keeping access credentials confidential and must inform the Provider without delay in the event of any suspected misuse.
§ 4 Obligations of the Customer
The Customer undertakes to use the services only for lawful purposes and in accordance with these Terms. The Customer is responsible for the data entered into the platform and for ensuring that they are entitled to process such data. The Customer shall not misuse, overload or attempt to circumvent the technical infrastructure, nor sublicense the services to third parties beyond the agreed scope. Where the Customer processes personal data of third parties via the platform, the Customer remains the controller within the meaning of the GDPR.
§ 5 Prices and payment
The use of the services is based on the prices agreed at the time the contract is concluded. All prices are stated in euros. Towards entrepreneurs, prices are exclusive of the statutory value-added tax. Billing takes place according to the agreed billing cycle. Payment is due as stated on the respective invoice. In the event of default in payment, the Provider is entitled to temporarily suspend access to the services after prior notice, without prejudice to further statutory claims.
§ 6 Availability and service levels
The Provider endeavours to keep the platform available at a high level on an annual average. Excluded from this are scheduled maintenance windows, which are announced in advance where reasonable, as well as disruptions outside the Provider's control (e.g. force majeure, failures of upstream providers or internet infrastructure). Any binding service-level commitments require a separate written agreement.
§ 7 Data protection and order processing
The Provider processes personal data in accordance with its Privacy Policy and the GDPR. Insofar as the Provider processes personal data on behalf of the Customer in connection with the use of the platform, the parties conclude a separate data processing agreement (DPA) pursuant to Art. 28 GDPR, which forms an integral part of this contract. Details are set out in the Privacy Policy and the DPA.
§ 8 Liability and limitation of liability
The Provider is liable without limitation for intent and gross negligence, as well as for damages arising from injury to life, body or health. In cases of slight negligence, the Provider is liable only for the breach of essential contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for this type of contract. Liability for indirect damages, consequential damages and loss of profit is excluded in cases of slight negligence. Liability under the German Product Liability Act remains unaffected. The Customer is responsible for maintaining its own backups of business-critical data within the scope of what is reasonable.
§ 9 Term and termination
The contract runs for the agreed term. Unless otherwise agreed, subscriptions renew automatically for a further billing period unless terminated before the end of the current period. The right to extraordinary termination for good cause remains unaffected. Upon termination of the contract, the Customer's data will be deleted within a reasonable period, unless statutory retention obligations require otherwise. On request, the Provider will support the Customer in exporting their data before deletion.
§ 10 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Berlin. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The Provider may amend these Terms with reasonable advance notice; the Customer will be informed of any changes in good time.