Terms & conditions

1. This agreement

1.1 Purpose

These terms and conditions are a legal document that describes the obligations of OhShip LTD (hereinafter referred to as “OhShip”) and the customer regarding the use of OhShip’s services (hereinafter referred to as “the Customer”), including but not limited to OhShip’s shipping solution and freight services.

1.2 Effect

The Customer’s acceptance of the terms is considered to constitute a legally binding agreement between OhShip and the Customer.

1.3 Changes

OhShip reserves the right to change these terms at any time. OhShip also reserves the right to amend these terms in accordance with changes in applicable laws. The current terms will always be available on our website. If the Customer continues to use OhShip after any changes, it is considered that the Customer has accepted the new terms.

2. Contractual Capacity

These terms and conditions are valid from the time of the Customer’s acceptance and form the basis for the Customer’s affiliation with OhShip.

3. Contact

The seller in connection with these terms is:

OhShip LTD

Waterpoint, Triq Ix Xatt

SLM 1020 Sliema

Malta

MT-30899303

4. OhShip’s Services

4.1 Who Can Use OhShip?

OhShip is a service for individuals and businesses. Services purchased through OhShip may only be used for personal distribution and not for resale.

4.2 Questions About Shipping and Handling

OhShip is not a carrier or freight forwarder, as OhShip does not handle physical shipping. Questions regarding shipping should therefore be directed to the carrier used. This includes but is not limited to:

• Questions about the status of the package, including tracking
• Expected delivery time
• Missing pickup of the package
• The individual carrier’s terms and conditions

4.3 Web Services

OhShip provides a platform for third parties to offer to sell their parcel delivery products and services through the site. Whilst we help facilitate transactions that are carried out on the site, we do not sell the products or services available through the site. We provide a venue for customers and parcel delivery service providers to trade and when you buy a product or service from the site you buy direct from the relevant service provider and not from us. Accordingly, although we will receive your payment on behalf of the relevant service provider, the contract for the purchase and supply of the product or service is between you and the relevant service provider and incorporates the terms and conditions of business of that service provider and the service provider is responsible for dealing with any claims or other issues arising out of or in connection with that contract.

5. Use of OhShip with OhShip’s Freight Agreements

This section describes the terms for purchasing and using shipping labels from OhShip’s freight service.

In the event of a violation of these rules and terms, OhShip reserves the right to bill the Customer according to the applicable rates.

5.1 Compliance with Carrier’s Requirements

OhShip facilitates freight services from various carriers. The list of carriers OhShip facilitates freight services from can be found on our website.

OhShip does not handle physical shipping and is therefore not a carrier or freight forwarder.

When the Customer purchases shipping through OhShip and accepts OhShip’s terms and conditions, the Customer also agrees that they are responsible for complying with the respective carrier’s shipping requirements. This includes, but is not limited to:

• Package requirements
• Dimension requirements
• Packaging requirements
• Claims procedures
• Compensation claims for damage or loss of a package

6. Right of Withdrawal

By accepting these terms, the Customer acknowledges that unused shipping labels purchased via OhShip’s freight agreements cannot be canceled or refunded.

6.1 Reuse of Shipping Labels

Reusing shipping labels purchased through OhShip is not allowed. Violation of this will result in a fee (see rates in the overview of fees/additional services), and the package in question will automatically be returned to the sender.

6.2 Rebilling and Invoicing of a Shipment Purchased via OhShip’s Freight Agreements

When a shipment has been handled by the respective carrier, the actual weight and/or dimensions of the shipment, as well as the delivery conditions, are known. These are compared with the data entered at the time of ordering. If there is a discrepancy, the price difference up to the actual weight interval will be charged. Note that no additional fee is charged, just the price difference up to the correct weight.

Rebilling can include, but is not limited to:

• Differences in weight/dimensions (package weight, length, width, and height)
• Packages requiring manual handling
• Business package sent to a private address

Any rebilling typically occurs within 90 days from the shipment date but may occur later in some cases. See section 8 for how rebilling is handled.

6.3 Objections to Rebilling

The Customer always has the option to object to a rebilling. This is done by contacting customer service. In such cases, the rebilling will be put on hold while OhShip, in collaboration with the carrier, investigates the matter further. Once the investigation is complete, the rebilling will either be reactivated or deleted depending on the outcome of the investigation.

6.4 Address Information on Package Labels

The Customer is fully responsible for ensuring that the purchased shipping label contains accurate information and that the physical label is correctly affixed to the shipment so that it is visible to the carrier’s employees and can be machine sorted/scanned by the carrier’s systems.

If there are errors in the address information or the physical shipping label is deficient, including not being readable or scannable, the Customer will be charged a fee for manual handling according to the carrier’s rates.

6.5 Package Label Validity

Package labels purchased through OhShip’s freight agreements are valid for 14 days from the date of purchase. However, some carriers/shipping products offer a longer validity period.

Using an expired or credited package label will result in a fee (see rates in the overview of fees/additional services).

6.6 Return Shipping

6.6.1 Packages That Cannot Be Delivered

Package labels purchased through OhShip’s freight agreements are valid for 14 days from the date of purchase. However, some carriers/shipping products offer a longer validity period.If a package cannot be delivered to the recipient or is not picked up at the pickup location, it is automatically returned to the sender. The Customer is billed for this return shipping.

6.6.2 Incorrect Recipient Address for International Shipments

If an incorrect recipient address/missing contact information is provided for international shipments, the Customer will be contacted by email and notified.

If OhShip does not receive a response from the Customer within 48 hours, the shipment will be returned to the sender, resulting in a fee (see rates in the overview of fees/additional services).

6.6.3 Illegal Content or Exceeding Maximum Dimensions

If a package is rejected by the carrier due to illegal content or because it exceeds the maximum dimensions, the package will be returned to the sender. The Customer is billed for the return shipping.

6.6.4 Export and Customs

Customs clearance is paid by the sender, while customs duties and VAT are paid by the recipient. If the recipient does not pay by the due date, the amount will be charged to the Customer.

6.6.5 Complaints and Disputes

OhShip mediates freight services from carriers. OhShip is not a carrier or freight forwarder, as OhShip does not handle the physical shipment.

In case of loss or damaged shipment, the individual carrier’s complaint procedures and conditions apply. The customer must address any complaints directly to the relevant carrier.

In the event of a dispute regarding a service or charge from OhShip, the objection must be submitted to OhShip within 30 days of the service being delivered/invoiced. OhShip reserves the right to reject objections that are older than 30 days.

7. Payment and Receipt

7.1 Payment Security

Customers can pay with Apple Pay, Visa, MasterCard, MaestroCard, JCB, American Express, and Diners Card at OhShip.

The transaction takes place via an encrypted connection through Stripe Checkout, which means the connection is completely secure. OhShip does not gain access to the customer’s card information at any time, and the amount is automatically transferred between the banks.

OhShip charges the invoiced amount immediately after payment is completed, and the customer also receives a receipt for each completed purchase.

7.2 Automatic Card Payment

OhShip offers the option to sign up for automatic card payment. The transaction is conducted as described in these terms, but the invoiced amount is automatically charged without the need to enter card information for each purchase.

7.3 Termination and Cancellation of Automatic Card Payment

In case of significant breach of the terms, OhShip is entitled, without notice and while maintaining the claim, to terminate the terms, resulting in the customer no longer being subscribed to OhShip’s services and thus losing access to use them.

7.4 Receipt

OhShip sends a receipt to the customer’s email address immediately after each completed purchase.

8. Procedure for Additional Charges and Payment

In case of additional invoicing, the customer will receive an email with further details about the claim.

If it is not possible to deduct the payment from the associated payment card, a payment reminder will be sent to the customer via email. After an additional 10 days, a reminder fee will be charged to the customer (see rates in the fee/extra services overview).

If the additional charge is not paid, the customer’s account with OhShip may ultimately be closed, and the case will be handed over to debt collection. The outstanding amount will be subject to the fees and legal costs associated with a transfer to debt collection.

9. Account Closure

When closing a OhShip account, the account will be settled, and any remaining balance will be paid to the customer. If the closure is due to bankruptcy, OhShip charges an administrative fee for account settlement and closure (see rates in the fee/extra services overview).

10. Data Processing Agreement

OhShip handles a range of personal data on behalf of the customer, including but not limited to addresses and contact information of the customer’s clients, used in connection with booking freight with the respective carriers.

This formally means that the customer is the data controller, and OhShip is the data processor.

As a data processor, OhShip commits to complying with all aspects of the applicable data protection laws, both in terms of storage, access, sharing, deletion/anonymization, and processing in general.

As a customer of OhShip and thereby the data controller, the customer accepts the current terms and conditions described in OhShip’s data processing agreement.

11. Termination

Both parties can terminate this agreement with 14 days’ notice.

Prepayments for services are non-refundable.

12. Liability

OhShip accepts no responsibility for loss of revenue or increase in related costs that the user may experience as a result of system errors or service interruptions. This includes, but is not limited to OhShip.eu

13. Disputes

These terms and conditions are subject to Maltese law, and any dispute between the parties regarding these terms shall be settled at Court in Malta as the first instance.