General conditions (T&C) BPM-Lux.com
A service of
BPM Germany Address & E-commerce
I. General Provisions
1. General points
BPM-Lux.com is a commercial activity exercised by BPM Germany Address & E-commerce,
(Owner Marcela Thiemann), having its registered office in Zum Bürgerwehr 28, D-54516 Wittlich, and registered to the City of Wittlich, the 12.08.2016.
The BPM-Lux.com contract (hereafter referred to as the “Contract”) rules the contractual relations between the Client on the one hand and BPM-Lux.com on the other hand as governed by the present general conditions (hereafter, “T&C”) and, where necessary, by its rates list . BPM-Lux.com’s contract is subscribed by the Client who is identified and registered on the website “www.bpm-lux.com” for the use of BPM-Lux.com’s services, which consist in the use of the BPM-Lux.com or his agents address or addresses for the reception and the expedition of shipments, which means mail and parcels, the access to virtual mail boxes, the use and access to all kind of delivery and BPM Parcel Solutions offered now or in the future by BPM-Lux.com.
Once a “Basic Account” is opened, the Client can choose between different categories of subscriptions and services selected during registration or added later during the contract.
BPM-Lux.com is the owner of the virtual mail boxes and, within the framework of the contract provides the Client access to his personal account and to a virtual mail box specifically created for the services provided by BPM-Lux.com, as well as street addresses in different worldwide countries..
The wording “Item”/ shipment stands for all letters, registered letters, parcels, pallets, etc. which reach BPM-Lux.com in the name and on behalf of the Client.
This presents T&C apply to the parts I and II, except for derogation provisions and in that case, derogation provisions apply.
The Client is entitled to indicate the different BPM street addresses as his correspondence address, for the purpose of receiving from the postcard to the pallet, as contact address, as long as his BPM Nr is shown together with his name.
The Client is entitled to send shipments from all BPM locations.
BPM reception addresses are not pickup addresses, with the sole exception of the address in Luxembourg, which is offered for the pickup of oversize items.
2. Access and identification
By clicking on the box “accept” on the website, the Client accepts that a contract is concluded between BPM-Lux.com and himself, that an account is opened on his name and that he has expressly accepted these present T&C.
In order to subscribe to the BPM-Lux.com service, where the Client is a natural person, he must be at least 18 years old. Where the Client is a corporate entity, it should be legally incorporated and published.
The Client must provide BPM-Lux.com with a valid e-mail address, his residence address, respectively for companies, the address of the registered office, forwarding or return address, a valid phone number and / or a valid mobile phone number. In the case of companies a copy of the Sales Tax registration has to be provided. The Client guarantees that these data matches reality. In case of change of one of these data, the Client commits himself to inform BPM-Lux.com thereof and to update the data as soon as possible.
Once the Client is admitted to access to the BPM-Lux.com service, a personal account is opened in his name and made available to him. To access his personal account, the Client is granted a password that he chooses and which is personal and confidential, along with an identification number emitted by BPM-Lux.com ( BPM Nr ). Login is available with the BPM Nr or E-mail address.
The Client bears the entire liability for the use of the personal account’s data and the identification elements, which are strictly confidential and incommunicable. He commits himself to not sell or communicate them to third parties and to urgently and as soon as possible notify BPM-Lux.com of any loss or theft of data or should he note a fraudulent use of his personal account.
As soon as the Client informs BPM-Lux.com, the personal account will be blocked.
BPM-Lux.com reserves the right to block the personal account of a Client for reasons that it considers legitimate and notably:
- If the account is not used for a certain period
- If it appears that the personal information provided by the Client is incorrect
- If a fraud or abuse is noticed in relation with the Client or if there is a strong presumption of fraud or abuse.
- If invoices remain unpaid, and the customer does not react to reminders.
- BPM-Lux.com a service of BPM Germany Address & e-commerce, reserves the right to accept customers or refuse customers application, without further explanation.
3. Conditions of use of infrastructures and services BPM-LUX
3.a.) The Client commits himself to not use the infrastructures and the services of BPM-Lux.com for illegal and fraudulent purposes, or for any purpose prohibited by German law, European law or any applicable legislation, postal regulations of the country of reception, and/or IATA restrictions. Furthermore, the Client will make sure that the use of the BPM-lux.com services and reception addresses, is compliant with all regulations applicable in the EU, the country of origin, as well as the local legislation and the country of destination.
3.b.) In no case, the Client may use any of the BPM-Lux.com addresses Pickup Shop, as resident address of principal or secondary residence.
Where the Client is a company, it must have one registered office at an address other than the one made available by BPM-Lux.com. In no case shall the Client use the BPM-Lux.com address as its registered office, a branch office or operating headquarters. The present T&C do not constitute a domiciliation agreement and BPM-Lux.com does not act as domiciliary agent in any of the countries were BPM-Lux.com offers street addresses for the reception of mail and parcels.
3.c.) The Client commits to furnishing a copy of his valid identification documents and/or other additional information, on simple request of BPM-Lux.com. If the Client is a company, it commits itself to provide a copy of the sales tax Nr registration, articles of incorporation and an extract of the Trade Registry and the companies incorporated less than 1 (one) month earlier, shall also provide a copy of the identification documents of the legal representatives the company on simple request of BPM-Lux.com. In case of change of the legal representatives of the company, the Client commits to inform BPM-Lux.com promptly.
3.d.) Students using the code “STUDENT”, at registration, in order to benefit from specials prices, commit themselves to provide a copy of their identity card and, annually, a scholarship certificate or academic registration proving his student status and which is valid.
Student prices are available to every student aged between 18 and 30 years (age at registration date respectively to the extension) who is regularly registered for secondary or university studies or a full-time professional formation (included internship periods). At the end of the studies, or defaulting to provide a valid scholarship certificate, BPM-Lux.com will maintain student prices during a period of 12 (twelve) months. At the end of this period, the Client can continue the use of the same BPM Nr. applying standard applicable prices.
The Client authorizes BPM-Lux.com to take reception of any Item addressed to the Client’s BPM Nr and if necessary to confirm reception of the shipment.
The Client commits himself to indicate to the sender the entire Number of the BPM Account and its street address.
BPM-Lux.com is entitled to return immediately to the sender every non-complying shipment indicating the mention unknown at reception address.
The Client allows BPM-Lux.com, from time to time, to send him advertising information or news concerning BPM-Lux.com activity by email at the address indicated during the inscription.
5. Respect of personal data and of correspondence
Personal information relating to the Client and confidential data provided by the Client or resulting from the mail delivered by BPM-Lux.com, shall remain confidential.
Furthermore, the Client allows BPM-Lux.com to safeguard information relating to his credit card, to his bank account or to his PayPal account, within the limits required for the exercise of its activity.
BPM-Lux.com staff is submitted in writing, to a non-disclosure commitment and it is required to manage Client’s instructions, messages, phone calls, fax and electronic mails respecting strictest confidentiality and in compliance with the legal provisions applicable to data protection and mail secrecy and to not disclose any information relating to the Client, to any third party.
6. Contents of the shipments
The Client commits himself not to order, to solicit or to be recipient of any Item /shipment non-compliant to the BPM-Lux.com policy or legal requirements, and notably the following items: alive or dead animals, cash, bonds, negotiable papers, precious metals, arms and munitions, high value objects (for ex. Art, antiquities, fur), dangerous or high risk shipments, food or perishables, medicines, narcotics, ionizing materials, such as every object which trading, detention or transport is illegal or contrary to morality or to public order in the expedition country, in the destination country or the transit country or for which the documents requested by the Customs or police regulation are missing. The present list is not exhaustive.
The Client must know and, if necessary, he has to verify the legality and regularity of the shipment along with its compliance, and the regularity of the documents which have to accompany it.
At the request of BPM-Lux.com, the Client commits himself to declare to BPM-Lux.com, the content and value of items to be shipped or received. BPM-Lux.com is entitled to but is not obliged, to control the content and the condition of shipment by every resources (including scanners, x-rays, drug sniffer dogs etc.) and where necessary, in cooperation with authorities.
7. Reception of Items / shipment
BPM-Lux.com is entitled to accept on behalf of the Client, every shipment, either at reception or for shipping purposes. At BPM-Lux.com' request, the Client has to sign acceptance of every shipment delivered by BPM-Lux.com.
After reception of shipment by BPM-Lux.com, the Client has the choice:
7.a) The registered letters, magazines, are placed in storage, autoscan, or forwarded on a daily, weekly, monthly or on demand.
7.b) Parcels under 20 kg and with Maximum dimensions: 100 (L) x 50 (W) x 50 (H) in cm, and
Maximum girth size of 300 cm (1x length + 2x width + 2x height) may be requested to be delivered to a Pickup location in EUrope.
Parcels over 21 kg may be requested to be delivered to the home or office address, on a daily, weekly, monthly or on demand basis.
Weekly, monthly, and on demand parcels will be consolidated, resulting in freight cost savings for the customer.
Parcels are shipped standard with tracking. At customer’s request the express option can be selected.
7.c) PICKUP Window in Luxembourg: Oversized XXL parcels and pallets, bigger than a girth size of 300 cm (1x length + 2x width + 2x height) can be collected at the Pick-Up Window, from Monday to Friday, form 6a.m. to 7:00 p.m. The opening hours can be modified without prior notice and will be regularly updated on the website.
The Client will be informed by electronic mail when his parcel arrives and he will be given a receipt allowing him to collect it at the "Pick Up Window" desk (Emporte Client).
XXL parcels not collected within7 days of reception are submitted to storage charges per parcel and per day. Parcels not removed 30 days after their reception can be resent to the last address indicated by the Client, at his own costs. BPM-Lux.com offers also long term storage services at the published rate, if so requested by the customer.
As far as possible, the Client expecting XXL parcels is requested to contact BPM-LUX.COM (its logistic service) and to indicate the dimension of the awaited parcel and its weight.
Customers in Luxembourg, Europe, and Worldwide may request a home delivery at freight charges published, and to be paid in advance.
7.d) Parcels delivered "collect on delivery", payable at delivery are not accepted by BPM-Lux.com.
7.e) The Client has the option to request BPM-Lux.com the forwarding of shipments and/or of parcels against payment., The change of status of the shipment in the virtual mailbox of the Client is considered as a proof of delivery.
Items ready for pick up will be informed to the customer by e-mail.
Letters, registered letters and magazines remain at BPM-Lux.com Head office. The customer can set his profile for delivery of Letters, normal and registered, documents, and magazines to his home, or preferred address, or Pickup locations chosen, on a daily, weekly, monthly, or on demand basis, at the published rates.. From the day of the delivery, the storage in the Pickup location is free for a 7 days period. At expiry of the 7 days period, BPM-Lux.com transfers again the shipments of the client to Head office. The costs invoiced for a single treatment and storage costs per day are charged to the Client. In this case, the Client is requested to contact BPM-Lux.com and to give new instructions about the destination of the shipment. Costs for additional treatment are charged to the Client.
7.f) Where the Client chooses BPM Mail Forwarding, letters and registered letters are placed in BPM-Virtual Mailbox and parcels are stored for free by BPM-Lux.com for a period of 30 days.
If they are not re-expedited 30 days after reception BPM-Lux.com is entitled to invoice storage costs of per day and per shipment as per pricing.
The customer is invited to discard not wanted mail via his Virtual Mailbox within 30 days of arrival free of charge, to avoid storage and / or additional forwarding charges.
8. Expedition and re-expedition of shipments
The forwarding of shipments is done by Mail and Express Companies duly allowed to exercise this activity in all counties served by BPM-Lux.com, at the rates negotiated by BPM-Lux.com, which could differ from the rates normally applied by this provider. Deliveries can also be made by BPM-Lux.com itself.
These rates can vary, notably according the nature of the shipment, the destination, the Carrier used and the actual fuel surcharge.
The provisions of article 18 ( Liability ) shall apply.
9. Handing conditions of shipments to and from the Client
9.a) The Client accepts a signature of BPM-Lux.com on an electronic device as proof of delivery or reception.
9.b) Shipments sent that could not be delivered by the selected transporter will be sent back to BPM-Lux.com. If the shipment sent back in reason of an incorrect, or invalid address given by the Client, or customs problems at the country of destination, the pertaining costs will be charged to the Client.
9.c) Transport of shipments will be made by a Carrier at his general and particular conditions.
10. Transport of shipments
In order to proceed to the delivery of shipments, BPM-Lux.com chooses a number of authorized transporters / carriers.
BPM-Lux.com declines any liability about the shipment transport conditions.
For any request or complaints in relation with the shipment transport conditions, the Client shall, if necessary, claim against the transporter liable for delivery and refer to his own general conditions and/or particulars and/or national or international regulation applicable in the field of transport.
The Carrier authorized by BPM-Lux.com reserves the right to check the content of shipments according to the applicable laws, or scan every parcel he is provided for transport, by x-rays. As even in case of proper utilization, x–rays can damage delicate merchandises and any liability of the transporter for damages caused by x-rays is excluded.
In case of international transport, specifics conventions apply:
-By road: When the place of taking in charge the merchandise and the place proposed for the delivery are situated in two different countries, the transport can be submitted, with no regards to a contrary clause, to the system established by the Geneva Convention on the Contract for the International Carriage of Goods by Road (CMR) of 19th of May 1956;
-By air carriage: When the transport includes a final destination or a stop-over in another country than the country of departure, the transport is be regulated by the Warsaw Convention of 10th October 1929 for the Unification of Certain Rules Relating to International Carriage by Air, as amended in Den Hague on 28th September 1955, which, in general, limits the liability of transporters in case of loss or damage of merchandises. If the transport is made, in part by air carriage and in part by road carriage or any other mean of transport, it is presumed that any loss or damage appeared during the air carriage, except refutation.
11. Access to the Clients Virtual Address
In case of Client’s death, disability or incapacity, BPM-Lux.com reserves the right to require provision of any official and appropriated documents emanating from national or non-national competent authorities, tribunal, of executor, tutor or any similar person or entity before handing over the shipment to any party requesting access to the BPM Virtual Mailbox of the initial contract customer.
12. Utilization of the BPM virtual address
In order to allow the reception in due form, the Client has to use the precise BPM postal address as well as the BPM number. In case the indication of the addressee of the shipment is wrong or if it the determination of the shipment concerned BPM owner is impossible, BPM-Lux.com will send back to the expeditor the wrongly addressed shipment indicating “unknown at this address” after 14 days.The Client makes sure that the address is correctly mentioned, as following:
Compulsory BPM Nr ………………
Optional but recommended *******Client name *********
Compulsory xx, Example street
Compulsory US-3225 Example City
Compulsory Example Country
13. Auto Scanning Service
Clients who choose this category of online services specifically authorize BPM-Lux.com to open letters, registered letters and documents, to scan them and to upload them online on the BPM-Lux.com web server in PDF format. Through an access code and a password, the Client accesses his electronic Virtual Mailbox, located in a secured web server, in order to check his mail.
The Client can access his electronic documents in PDF format online; at the client’s request, the scanned documents get deleted from the server.
After scanning of documents, the Client can select from the following options:
- Recovery of Items in a Pickup Location in Europe, or home delivery Worldwide at published rates.
- Forwarding: in this case, the Client will choose on demand, or a daily, weekly or monthly forwarding at his costs and at the address of his choice;
- Destruction: at the request of the Client, BPM-Lux.com will proceed with the immediate destruction of letters, registered letters, and magazines.
- Archive: If the Client chooses this option, he subscribes a one (1) year archiving contract with BPM-Lux.com. After this period, the contract will be renewed automatically if the Client does not cancell 30 days in advance in writing. In case the Client terminates his archiving contract, requests the expedition or the destruction of documents, additional costs will be invoiced, depending on the volume to be shipped or destroyed.
The Client is informed that in no case, forwarding rates include any taxes and custom duties, which might arise for payment at shipment delivery.
All taxes (e. g. handling, transfer, custom duties, etc…) have to be borne by the Client and must be paid in advance and by the payment method chosen.
The debited taxes are calculated as follows:
Tax + VAT + a service charge of 4 EUR per service (+VAT) + an estimated amount of total costs + VAT.
Taxes are paid by BPM-Lux.com to the Carrier against reimbursement from the Client. BPM-Lux.com declines any liability in relation with the management of taxes.
Costs are invoiced and paid in Euros. Any due foreign tax in foreign currency will be invoiced at BPM-Lux.com invoicing day value.
15. Payment of BPM-Lux.com services
In order to guarantee an efficient and prompt payment of costs, BPM-Lux.com arranges for different payment methods accepted by the Client, such as payment by debiting a credit card, debiting a PayPal account, or a bank account.
The payment method can vary according to the service chosen by the Client.
The Client commits himself to pay costs on a monthly or annual basis, and all owed costs in advance, at reception of the invoice or at payment request.
If the Client owns credit-points, BPM-Lux.com can, charge any due amount on the point-credits at disposal.
When getting into commercial relation, the Client provides BPM-Lux.com with a valid credit card number which he legally holds and commits himself to maintain, at any moment, a sufficient credit amount allowing for payment of services provided by BPM-Lux.com. Client’s personal data are stored by one or more external and independent payment treating operators compliant with legal provisions.
Before expiry of the credit card validation, the Client provides BPM-Lux.com with a replacement credit card. In case of payment by bank debiting or by a PayPal account, the Client provides BPM-Lux.com with a bank account or PayPal number sufficiently credited and held by him , and he commits to maintain it at any moment sufficiently credited in order to allow payment of services provided by BPM-Lux.com.
The Client authorizes BPM-Lux.com to debit his credit card, his Paypal account, or his bank account for payment of costs due to BPM-Lux.com, for management and shipping costs, and any amount due for optional / additional services he selected.
BPM-Lux.com reserves the right to invoice additional costs for the BPM services if the Client adds more than 6 names or corporate entities to the list of persons authorized to receiving shipments at the BPM street addresses.
In case of unpaid costs by the Client, BPM-Lux.com is entitled to make use of a right of retention on shipments, after due and proper notification of his outstanding payments made by registered or electronic mail to the Client.
Should the Customer fail to meet his payment obligations, is BPM-Lux.com entitled to stop the service, or store the goods, at the Customers expense, until the freight, expenses incurred, and open invoices, have been paid. Should the Customer still fail to meet this payment obligation, is BPM-Lux.com entitled to a realization of lien, and sell the goods to recover costs, in accordance with German law previsions.
16. Custom clearance
If a shipment requires payment of custom duties, the Client will be responsible for handing over the appropriated and complete documentation.
Any documentation requested by customs is asked by BPM-Lux.com to the Client and continued to the customs.
Except for contrary instruction and as long as necessary, the Client accepts that the transporter or carrier appointed by BPM-Lux.com will, in this case, act in name and on behalf of the Client for custom clearance.
In principle, and except for specific contrary instruction by the Client, the transporter will not take any liability in relation with the custom clearance.
In case taxation applies, taxes, penalties, storage costs or other costs resulting from customs authorities actions or from the lack of proper documentation or requested permit within the framework of transport of shipments, costs are prepaid by BPM-Lux.com, who invoices these costs to the Client, under the conditions provided in the present T&C.
17.a) Except for contrary provisions provided in these T&C, these provisions apply to all activities exercised by BPM-Lux.com in relation with liability.
17.b) In case of total or partial loss or deterioration of a shipment, the individual liability of BPM-Lux.com, BPM Germany Address & E-commerce and of the subsidiary companies, branch managers, holding companies, franchises, agents, directors and employees is limited to direct damages and the following amounts: 500 EUR per shipment ( parcel ), otherwise 8 SZR ( aprox 10.- EUR per kilogram of gross weight missing or damaged.
The Client admits and accepts that BPM-Lux.com liability shall not exceed the real value of the shipment, where the burden of proof lies with the Client.
If the Client considers these limits as insufficient, he can subscribe a transport or storage insurance cy covering the loss or deterioration of shipment; otherwise Client compensation is done as described in the previous paragraph.
17.c) The Client who subscribes an additional transport or storage insurance covering the loss or deterioration of shipment, is indemnified according to the terms agreed with the insurer.
17.d) BPM-Lux.com cannot be held liable in case of breach of contractual obligations due to fortuitous case or a case of force majeure but not limited to , any natural catastrophe, accident, fire, aggression, war, riot, revolt, strike, demonstration, interruption or increase of traffic, deficiency of transports, snow, ice, fog or any other nature or human condition, other than the ones previously enumerated, delaying or preventing the total or partial delivery of shipment or permitting only a delayed delivery of shipment. In a fortuitous case or in a case of force majeure, damaging, loss or delay of the shipment is presumed linked to the occurrence of this event.
17.e) A shipment is considered as lost only if it is not found within 40 days of shipping date. In case of loss or total or partial damaging of shipment, and in case of non-delivery or delayed delivery of shipment, BPM-Lux.com shall not be held liable for indirect damages suffered by the Client, or by any third-party, such as loss of market, loss of revenue, loss of chance, loss of reputation, breach of contract with a third-party or any other indirect damage.
BPM-Lux.com shall in no case be held liable for damage suffered by the Client in case of loss or total or partial damaging of a shipment if this loss or this damaging is due to an act from a third-party or from the Client or if resulting from the packaging provided by the sender or by the Client, or from the nature of the transported object or a from any breach of any obligation of the Client.
Unless otherwise proved, the loss or damage is presumably caused, by the nature of the object when for inherent reasons; the object is exposed to particular risks (e. g. breach, oxidation, desiccation, leaking, parasite, etc.).
17.f) In case of loss or total or partial damaging of a shipment, of non-delivery or delayed delivery that he considers attributable to BPM-Lux.com, the Client shall declare this accident to BPM-Lux.com by registered letter and / or email with acknowledgement of receipt within 7 working days as from reception of shipment or as from the date indicated for reception of the shipment. In case no declaration is filed, Client’s silence is considered as renunciation to claiming right against BPM-Lux.com as compensation for his damage.
In no case any accident declaration allows the Client to refrain from any payment due to BPM-Lux.com.
17.g) In case the Client uses the online service provided by BPM-Lux.com, the Client expressly accepts to use the online service at his owns risks. The online service is provided as it is, with no guarantee from BPM-Lux.com to meet any demand from the user, nor that it will be uninterrupted, punctual, secured or error-free. The Client is liable for the use and the manipulation of any material and/or program and/or downloaded data or obtained in whatever way via the use of BPM-Lux.com website along with any subsequent use and, if necessary, of any loss of data or damage to the computer hardware due to its use.
17.h) BPM-Lux.com shall not be held liable for any damage if Customs authorities seize or destroy illegal merchandises.
17.i) BPM-Lux.com cannot be responsible for a false declaration from the Client and as a result all indemnification in relation with a false declaration is excluded.
18. Compensation for inadequate use of the BPM Virtual Mailbox, BPM Virtual Address and or the BPM pickup or home delivery solution.
The Client accepts to hold harmless BPM-Lux.com, BPM Germany Address & E-commerce and subsidiary companies, branch managers, holdings franchises, agents, directors and employees for, respectively:
- Any damage, loss, claim, request, liability, fine, sentence, judgment, liquidation, costs and lawsuit of any kind which could, in any way, be due to the use or the holding of the BPM Virtual Address or of the BPM Street Address and / Or BPM pickup or home delivery solution, notably any claim from third party, complaint or lawsuit for physical injuries or deterioration of material caused by their holding or their use;
19. Duration and termination of the contract
The duration of the contract is the initial period selected and paid in advance by the Client, extended by potential renewal periods regularly paid by him.
Each party can terminate the contract applying a prior notice of one (1) month before the end of the contract.
For annual contracts, BPM-Lux.com will inform the Client at least 1 (one) month in advance by electronic mail, of the expiry date of the contract. In absence of termination by one of the parties, the service provision contract will be tacitly extended for an identical duration as the one initially selected by the Client.
In absence of determined duration selected, the contract is agreed for an undetermined period, and each party can terminate the contract with a previous notice of 1 (one) month expiring at the end of the month following the month of termination notification.
The termination is done either by email or by registered letter with acknowledgement of receipt.
Each party can terminate the contract with no delay in case of serious breach of his contractual obligations by the other party, or in case of force majeure.
Particularly, in the following cases, BPM-Lux.com can end the contract with immediate effect:
- Client’s use of the BPM Virtual Address for illegal, illegitimate or fraudulent purpose.
- Reception and expedition of shipments non-compliant with the present T&C
- Outstanding payments from the Client, 30 days after unsuccessful formal notice by BPM-Lux.com;
- At expiry and not replaced credit card, term of the PayPal account or of the debited bank account provided by the Client to BPM-Lux.com for payment of costs, or at removal of the BPM-Lux.com debit authorization;
- Injurious, , abusive or aggressive attitude of the Client towards other Clients or towards employees, representatives or partners of BPM-Lux.com;
- Any other serious or repeated breach by the Client of one or more contractual obligations, including the ones deriving from the present T&C.
- In any case BPM-Lux.com reserves the right to deny providing services to the customer for private and particular reasons.
20. Management of contract termination
At the end of the contract, BPM-Lux.com offers the Client the following options:
20.a) Transitional period: Forwarding of shipments received for the Client during the 1 (one) month notice period at the address chosen by the Client, against prior payment of packing, forwarding and packaging material costs;
20.b) At contract termination: shipments received are refused by BPM-Lux.com and returned to the sender mentioning “unknown at this address”, except if the Client foresees a forwarding of his shipments to an address of his choice, against payment of the charges.
20.c) At contract termination, if the Client has outstanding forwarding costs, or has not foreseen a forwarding address, BPM-Lux.com is entitled to send back to the sender mentioning unknown to this address. If the addressee refuses reception, BPM-Lux.com is entitled to destroy the shipment.
At contract termination, BPM-Lux.com will return or destroy every shipment unclaimed by the Client (mass-shipment, or addressed to the “present resident” or any other similar term, publicity, promotional material or coupons, etc.).
20.d) At contract termination, if the Client has outstanding invoices for more than 3 month, or has not foreseen a forwarding address, and has no intention to collect the goods, paying before the amounts owed, BPM-Lux.com is entitled to sell this items to recover the open amounts and costs incurred.
Any notice sent to the Client, requested or permitted by this contract, is sent by electronic mail at the last address indicated by the Client.
22. Modification of General Conditions
BPM-Lux.com reserves the right to modify the present T&C and the rates at any moment.
BPM-Lux.com informs his customers via different communications about the changes. If BPM-Lux.com does not receive any written refusal to the changes by the customers, it assumes that these have been accepted. In case of the refuse of the Client to accept the news T&C BPM-Lux.com will be in right to refuse the furnishing service, and choose to terminate the contract with a notice period of one month, or maintain the previous conditions for this particular customer.
23. Severity clause
In case of one of the clauses of the present T&C is declared void, for whatever reason, the validity of the remaining conditions and clauses is not affected. In such case, parties commit themselves to give the invalid provisions and interpretation that is the most coherent with the remaining provisions and with the general sense of the T&C.
24. Jurisdiction and applicable law
Any dispute arising from the existence, interpretation or enforcement of the contract and T&C which is not settled amicably is of the exclusive jurisdiction of Wittlich, Germany , with no prejudice of the right of BPM-Lux.com to file the suit before a different Court of her choice.
The details provided by the Client to the contract, apply as residence take-up for the necessities of a potential legal proceeding.
Any mail and procedural deeds can be validly notified to this address. Any communication received by any means as letter, email and SMS are presumed having reached the Client within the two days following the expedition by mail and the day of the shipment in case of fax, emails and SMS.