zipmend Express - Courier service and freight forwarding
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General Terms and Conditions

This agreement is available in multiple languages. In case of questions of interpretation and inconsistencies, the German variant is decisive.
General Terms and Conditions (GTC)
zipmend GmbH
Große Reichenstraße 27, 20457 Hamburg, Germany

1 Scope

1.1

These General Terms and Conditions (hereinafter referred to as GTC) govern the contractual legal relationship between zipmend GmbH (hereinafter referred to as zipmend) and its clients (hereinafter referred to as the Customer). They apply to the collection, transport and delivery of consignments by means of a bill of lading / CMR / delivery protocol in accordance with the price calculators under the domains zipmend.com and app.zipmend.com (hereinafter referred to as the price/performance overview).

Conflicting terms and conditions of the customer are expressly contradicted.

1.2

Unless otherwise stipulated by mandatory statutory provisions, individual individual agreements or these GTC, the following shall apply to contracts for transport services, including additional and ancillary services, in addition and in this order in the case of national transport:

  • Germany: the latest version of the German General Terms and Conditions of Freight Forwarders (ADSp). The ADSp do not apply to transactions with consumers within the meaning of §13 BGB.
  • Austria: the most recent version of the Austrian General Terms and Conditions of Freight Forwarders (AÖSp).
  • France: Conditions Générales de Vente (CGV) as amended.
  • United Kingdom: BIFA Standard Trading Conditions as amended
  • Netherlands | Fenex Terms and Conditions in their latest version
  • Belgium: Algemene Belgische Expeditievoorwaarden in their latest version
  • Italy: Condizioni Generali di Trasporto in its latest version
  • Spain: Condiciones Generales de Contratación del Transporte de Mercancías por Carretera as amended
  • Sweden: NSAB in its latest version
  • Denmark: Danske Speditørers in their latest version
  • Finland: Finnish General Terms and Conditions of Forwarding in their latest version
  • Portugal: Condições Gerais de Transporte e Logística as amended
  • Poland: OPWS (Ogólne Polskie Warunki Spedycyjne) as amended

1.3

The provisions of §§ 459, 407 et seq. of the German Commercial Code (HGB) (freight business) and, in the case of cross-border and national transports not listed in 1.2, the CMR (Convention on the Contract for the Carriage of International Road Goods) also apply, unless otherwise stipulated in these GTC.

1.4

If the customer specifies a company name as the client, it is assumed that this is not a consumer within the meaning of §13 BGB.

2 Service description

2.1

In cooperation with the connected system partners, zipmend takes care of the collection, transport and delivery of shipments within the Federal Republic of Germany, the countries of the European Union, Switzerland, Liechtenstein, Monaco, Andorra, Gibraltar, the United Kingdom, Serbia, Montenegro, Bosnia and Herzegovina, Kosovo, Albania, Turkey, Ukraine and Norway.

2.2

The collection of the consignment(s) will take place approximately at an expressly agreed time or period at the address specified by the customer. The acceptance of the shipments takes place "from the curbside", unless explicitly confirmed otherwise by zipmend. Only one pick-up attempt and one delivery attempt will be made. The permissible dimensions and weights can be found in detail in the price/performance overview.

2.3

not applicable

2.4

Delivery is made to the addressee indicated on the consignment by handing it over against the signature of the recipient. The sending customer agrees that the delivery may also take place to another person who can be assumed to be entitled to accept the shipment under the circumstances (substitute delivery).

Other persons within the meaning of paragraph 1 are, in particular, members and employees of the recipient's household present at the premises of the addressee (recipient), third parties entitled to receive the receipt by written authorisation of the recipient, as well as immediate neighbours of the addressee. If a neighbourhood drop-off is carried out, the customer will receive a notification email with a qualified indication of the time and place of the handover.

2.5

If the consignment is handed over on loading aids (pallet, lattice box, etc.), it is not obliged to exchange it for empty pallets, lattice boxes, etc. at the recipient. There is no repatriation obligation on the part of zipmend, unless such an obligation has been agreed separately and a separate remuneration has been agreed for both the assumption of the exchange risk and the return transport. § 812 BGB does not apply in this respect.

2.6

If the consignment cannot be picked up or delivered in the manner described, the consignment is considered undeliverable (e.g. consignment weight over 31kg, no lifting platform vehicle booked and no loading or unloading assistance available). The customer will be notified of this by zipmend by telephone or in text form. The customer can also order further pick-up or delivery attempts, the costs for which are based on the price/performance overview. In derogation from Section 11.2 ADSp 2017, the contractually owed waiting time for loading and unloading or for other reasons is limited to a total of 60 minutes (120 minutes for truck transports). Each additional hour or part thereof will be charged to the customer at the corresponding rate from the transport confirmation email.

2.7

Also considered undeliverable are consignments with incorrect addressing, insofar as the correct address cannot be determined with reasonable effort by zipmend, and consignments whose acceptance is refused as well as consignments that are not picked up by the recipient at a system partner branch within the period specified therein upon request.

2.8

Undeliverable shipments will be returned to the customer by zipmend. If the customer refuses to take it back, zipmend is entitled to dispose of the shipment at the customer's expense at its dutiful discretion, including to sell or destroy it in accordance with the statutory provisions. If the customer cannot be identified, zipmend is entitled to open the shipment in order to determine the identity of a customer. If the identity of a customer or sender is established as a result of the opening, zipmend either obtains the customer's instruction or, unless it is a shipment with dangerous content, transports it back at the customer's expense. In the case of consignments with dangerous contents, zipmend is entitled to destroy or sell the consignment at the expense of the customer. If no customer or sender can be identified, zipmend may also destroy or sell the content in accordance with Section 419 (3) of the German Commercial Code (HGB). Any claims for damages by the customer remain unaffected.

2.9

If the customer cancels the freight contract, he can do so free of charge up to 24 hours (Saturday and Sunday are not taken into account) before the first pick-up time. In the event of cancellation less than 24 hours (Saturday and Sunday are not taken into account) before the first pick-up time, one third of the agreed freight for express transports and 80% of the agreed freight for truck transports will be charged, deviating from § 415 HGB. Furthermore, zipmend is entitled to charge the waiting time additionally according to 2.6.

3 Contractual relationship

3.1

An order for carriage (the customer's application for the conclusion of a transport contract) is made by booking online at zipmend.com or app.zipmend.com, placing an order by e-mail with corresponding confirmation by zipmend (e-mail transport confirmation) or handing over a shipment in accordance with the conditions.

3.2

Zipmend does not have to observe instructions given by the customer after handing over a shipment. Insofar as zipmend grants the recipient the opportunity to determine the place and time of delivery within the framework of its own services, the relevant right to issue instructions and disposal over the consignment is transferred to the recipient before the first delivery attempt, by way of derogation from Section 418 (2) of the German Commercial Code (HGB). In all other respects, Sections 418 (1) to (5) and 419 of the German Commercial Code (HGB) do not apply.

3.3

If consignments do not comply with the conditions of No. 4. of these GTC or the permissible dimensions and weights mentioned in the price/performance overview or the applicable regulations on packaging (clause 7c) and labelling (clause 7b), zipmend refuses carriage.

If such a shipment nevertheless enters the zipmend system, zipmend is entitled to discontinue further transport at any time or to charge the customer a subsequent reasonable additional fee. If the customer refuses to pay such an additional fee or if there is reasonable reason to suspect that the shipment taken over is a shipment that does not comply with the conditions in accordance with No. 4. of these T&Cs, zipmend is entitled to return the shipment or to keep it ready for collection by the customer. In the event of such a return, zipmend shall be entitled to charge an appropriate remuneration in the amount of at least one third of the agreed remuneration in addition as an expense allowance. The customer is entitled to prove a significantly lower effort of zipmend.

3.4

zipmend is entitled to demand information about the contents of the consignment(s) from the customer even after acceptance of the consignment(s) in order to determine whether the consignments comply with the terms and conditions. If the customer refuses to provide the information or if the information cannot be obtained in time, if there is a justified reason to suspect that the consignment is not in accordance with the terms and conditions, in particular a consignment that violates No. 4.2.1 to 4.2.11 of these T&Cs, entitles the holder to examine this shipment for its content.

3.5

A termination of the contractual relationship by the customer after handing over the shipment(s) to zipmend is excluded.

3.6

The delivery order is valid upon handover to the recipient in accordance with No. 2.4 or clause 2.5 of these T&Cs shall be deemed to have been carried out.

3.7

zipmend's offers are aimed exclusively at natural persons with unlimited legal capacity as well as legal entities.

3.8

The advertising of products and services via the zipmend website merely constitutes an invitation to submit an offer by the customer (invitatio ad offerendum). A mutual contract is only concluded by sending a separate confirmation of acceptance by e-mail by zipmend. zipmend reserves the right to refuse to conclude a contract via the zipmend website without giving reasons. If there is not sufficient creditworthiness (better or equal to "3.2" for Creditsafe or better or equal to "Medium High Risk" for Coface) for payment on account, zipmend is entitled to postpone the transport until full payment has been made, despite confirmation of acceptance. Zipmend will notify the customer by phone or text within 2 hours during its business hours (Mon-Fri 7 a.m. to 8 p.m., except public holidays).

3.9

By submitting his offer, the customer declares that he has taken note of these terms and conditions and, if applicable, any further product-specific or service-specific requirements mentioned on the zipmend website.

4 Conditional shipments

4.1

zipmend transports consignments that comply with the applicable price/performance overview as well as the applicable regulations on packaging (section 11) and labelling (section 10) and do not exceed the following values:

  • EUR 5,000.00 per shipment for consumers within the meaning of §13 BGB
  • EUR 50,000.00 per shipment for all other customers

4.2

The following will not be accepted:

4.2.1

Shipments, the carriage of which violates legal or official prohibitions, the transport or storage of which is subject to national or international dangerous goods regulations (unless explicitly agreed otherwise, e.g. by transporting dangerous goods),

4.2.2

Shipments whose transport is subject to special conditions, in particular special export, import or customs regulations of a country of transit or destination (unless explicitly agreed otherwise, e.g. with regulations on customs clearance),

4.2.3

consignments with inadequate packaging, which in particular do not comply with the regulations on packaging (No. 11) and labelling (No. 10), as well as consignments with liquid contents, insofar as they are not unbreakably packaged and protected against leakage,

4.2.4

consignments of exceptional or difficult to estimate value, such as works of art, unique items, stamps, negotiable negotiable papers, securities, precious metals, precious stones, industrial diamonds, watches, money, credit and debit cards (e.g. telephone cards) and other valid means of payment;

4.2.5

Shipments that require special handling during transport (e.g. perishable or damaged goods that require special protection against the effects of heat or cold; trailer assembly) (unless explicitly agreed otherwise, e.g. for temperature-controlled transports),

4.2.6

consignments containing live animals and parts or remains of animals or humans;

4.2.7

consignments which, due to their external nature or contents, may endanger persons or cause damage to material goods and other consignments,

4.2.8

Shipments for which the pick-up address or delivery address designated by the customer is unsuitable or only reachable with disproportionate difficulty, or for the delivery or delivery of which special expenses or security measures are required, furthermore, no island or mountain pick-ups/deliveries will be made,

4.2.9

Consignments that are addressed to a P.O. Box address, a Packstation or a major customer postal code. Information on the design of the address can be found in the applicable regulations on packaging (section 11) and labelling (section 10) of consignments.

4.2.10

Any type of shipment that contains oil, gasoline or lubricants and is not properly drained, with no residual quantities allowed to leak out of the outer packaging.

4.2.11

Consignments containing removal goods/personal effects within the meaning of § 451 HGB.

4.2.12

Letter mail within the meaning of the Postal Act (but not courier mail - > Access to the individual mail item possible at any time).

5 Prices

5.1

The fee to be paid is based on the applicable price/performance overview.

5.2

The fee to be paid, including any surcharges, is to be paid within 14 days if the creditworthiness is suitable. When paying via the partner PayPal/Mollie, the shipment is paid in advance. Deviations from this must be explicitly confirmed by zipming in text form before the transport is carried out.

5.3

Any customs duties, import and export duties that may arise are collected from the customer. If the recipient does not pay this, this is considered a refusal to accept the consignment.

5.4

not applicable

5.5

In the event of incomplete payment by the customer, zipmend reserves the right to refuse the service associated with the service or product.

5.6

In the event of continued non-payment of outstanding invoices, zipmend reserves the right to hire a debt collection service provider or lawyer. The resulting legal costs (in particular court costs, costs of the enforcement authorities, investigation costs, etc.) are to be reimbursed by the customer if they are claimed.

6. Set-off, retention

With regard to claims arising from the contract of carriage and related non-contractual claims, a set-off or retention is only permissible in the case of undisputed, due counterclaims that have been legally established or are ready for a decision. The plea of non-performance of the contract remains unaffected.

7 Liability

7.1

Unless otherwise expressly provided for in these T&Cs or between zipmend and the Customer, zipmend shall be liable for national carriage for the following countries as follows:

  • for Germany: only in accordance with the latest version of the ADSp or §§ 407 et seq. , in particular §§ 425 et seq. HGB.
  • for Austria only in accordance with the General Austrian Freight Forwarder Terms and Conditions (AÖSp) in their latest version.
  • for France, only in accordance with the latest version of the Conditions Générales de Vente (CGV).
  • for the United Kingdom only in accordance with BIFA Standard Trading Conditions as amended from time to time
  • for the Netherlands only in accordance with the Fenex Terms and Conditions in their latest version
  • for Belgium only in accordance with the provisions of the Algemene Belgische Expeditievoorwaarden, as amended from time to time
  • for Italy only in accordance with the Condizioni Generali di Trasporto in its latest version
  • for Spain only in accordance with the Condiciones Generales de Contratación del Transporte de Mercancías por Carretera, as amended from time to time
  • for Sweden only in accordance with the NSAB in its most recent version
  • for Denmark only in accordance with the Danske Speditørers in its latest version
  • for Finland only in accordance with the Finnish General Terms and Conditions of Forwarding in their latest version
  • for Portugal only in accordance with the Condições Gerais de Transporte e Logística, as amended from time to time
  • for Poland only in accordance with OPWS (Ogólne Polskie Warunki Spedycyjne) as amended from time to time

In the case of international transport or national transport not listed above, Zipmend is liable in accordance with Art. 17 et seq. CMR.

7.2

In the event of loss or damage to a shipment, zipmend shall only be liable to the customer to the extent of the direct damage typical of the contract up to the statutory limits of liability.

7.3

If the customer has handed over a consignment for carriage that does not meet the conditions (cf. clause 4) without expressly pointing this out in writing, and if damage is caused to the consignment which, according to the circumstances of the case, could arise from the unsuitability of the consignment, it is presumed in favour of the carrier that the damage arose from this risk. This does not affect the special grounds for reducing liability or exclusion of liability pursuant to Sections 425 (2), 426 and 427 of the German Commercial Code (HGB) or, in the case of cross-border transport, pursuant to Article 17 of the CMR.

7.4

The customer or recipient must report any externally recognizable damage at the latest upon delivery of the shipment, and any damage that is not externally recognizable within 7 days of delivery, in each case clearly marking the damage. Otherwise, it is presumed that the shipment has been delivered complete and undamaged.

7.5

A total loss is presumed if a consignment has not been delivered within 20 days after it has been taken over for delivery in the case of domestic delivery, and not within 30 days internationally. A written proof of delivery with the signature of the recipient releases you from liability for total losses. The signature of a recipient in digital form and its reproduction is also accepted as proof of delivery.

7.6

Claims arising from the contract can only be asserted by the customer as a contractual partner of zipmend upon presentation of the consignment receipt. Section 421 (1) sentence 2 of the German Commercial Code (HGB) is waived in this respect.

7.7

All claims of the customer are time-barred in accordance with § 439 of the German Commercial Code (HGB) or, in the case of cross-border transport, in accordance with Art. 32 CMR. Insofar as claims are concerned that are not subject to the provisions of the freight contract according to the German Commercial Code (HGB) or, in the case of cross-border transport, the CMR, the statutory limitation periods apply. However, the limitation periods of § 439 HGB and Art. 32 CMR apply mutatis mutandis to claims arising from tortious liability of zipmend.

7.8

The customer is liable, either directly or as a result of claims by third parties, for damages caused by shipments that do not comply with the conditions. In the case of an order from a consumer, this only applies if the customer is at fault.

7.9

If the consignee does not pay any additional costs incurred in the course of a delivery (customs duties, import and export duties), the customer must reimburse the costs of returning the refused consignment plus any additional costs incurred.

7.10

The customer is liable for all consequences arising from inadmissible cross-border transport and violations of export, import or customs regulations.

7.11

zipmend is exempt from liability insofar as the loss, damage or exceeding of the delivery deadline is due to inadequate packaging (clause 11) or labelling (clause 10) by the sender or customer. The statutory exclusions of liability apply (in particular §§ 426 et seq. HGB, Art. 17 CMR).

7.12

Zipmend is liable for damage to goods arising from contracts of carriage from collection to delivery of the consignments with 8.33 SDRs for each kilogram of the gross weight of the consignment (§ 431 HGB, Art. 23 CMR). At the customer's request and request in text form, the liability for domestic German transports can be increased to up to 40 SDR/kg (liability corridor according to HGB).

7.13

Liability for exceeding delivery deadlines is limited to three times in the case of national (within Germany) carriage of goods (§ 431 para. 3 HGB) and to the single amount of freight (Art. 23 para. 5 CMR) in the case of cross-border carriage of goods.

7.14

If only individual packages or parts of the consignment have been lost or damaged, the maximum liability amount is calculated on the basis of the gross weight of the entire consignment if the entire consignment is cancelled, or on the basis of the cancelled part of the consignment if only a part of the consignment is cancelled.

7.15

Liability for damage to packaging or loading equipment is generally excluded. This also applies to boxes or the like, if they were not additionally completely packed.

7.16

To the extent permitted by law, zipmend shall not be liable for loss or damage to shipments or for delivery deadlines that are based on circumstances that zipmend could not avoid despite the greatest care of a prudent businessman and whose consequences it could not avert.

8 Data storage

8.1

All personal data will be processed by zipmend in accordance with the legal provisions, in particular the GDPR and the Federal Data Protection Act.

8.2

zipmend points out that zipmend uses third parties (subcontractors) to fulfil its obligatory services. In order to execute the contracts concluded with the customer, zipmend is entitled to transmit personal data to these third parties to the extent necessary.

8.3

zipmend or its subcontractors use electronic means to prove proper service and therefore store the data related to the service, e.g. the digitised form of the recipient's signature, date and time of service, for verification purposes.

9 Cancellation policy for consumers within the meaning of § 13 BGB

You have the right to withdraw from this contract within 14 days without giving reasons.

In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. by letter, fax or e-mail). You can use the attached sample form, but it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notice of withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

If you have requested that the service commence during the withdrawal period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

 

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us)

  • An zipmend GmbH, Große Reichenstraße 27, 20457 Hamburg, Germany
  • I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service
  • Ordered on
  • Name of consumer(s) (*)
  • Address of the consumer(s) (*)
  • Signature of the consumer(s) (*) (only if notified on paper)
  • Date


(*) Delete as appropriate

10 Address and sender details

10.1

Every consignment handed over for transport to zipmend requires a complete address and sender information transmitted online or in text form by the customer. The address must be accurate and clear enough to allow the shipment to be transported and delivered without enquiry. It must not contain any additions that lead to misunderstandings or make it difficult or impossible to process the shipment.

The address must be arranged from top to bottom.

  • the name of the recipient (plus company name, if applicable),
  • the delivery details (street and house number; if available, plus the number of the floor and the apartment number; in the case of companies, the name of the department),
  • the place of destination preceded by the postal code, and
  • in the case of international transport, the country of destination.


The place of destination, preceded by the postal code, should be placed at a clear distance from the delivery information in the bottom line. The place of destination must be indicated without additions that do not belong to the official name of the place. The postal code must always be entered in full. The sender's name must correspond to the address in its arrangement and in its components. The sender's name must not impair the clarity of the address.

10.2

If one of the pick-up or delivery addresses changes less than 24 hours before the first pick-up time (Saturday, Sunday and public holidays are not taken into account), the difference (positive or negative) in the distance for truck transports will be charged to the customer at 2 EUR/km.

11 Packaging conditions for shipments

11.1

Shipments must be securely packaged by the customer in terms of content, type of shipment and volume in order to prevent damage during transport and to protect the contents from loss and damage. Packaging always includes suitable outer packaging, suitable inner packaging and a secure seal.

11.2

The outer packaging must be designed in such a way that the packaged items do not fall out, do not damage other shipments and are not damaged itself. Adequate inner packaging must be provided and supplemented with fillers. In the case of transport-sensitive items, the packaging must be tailored to their particular sensitivity in order to take into account the specific nature, quantity and all other special features of the respective contents in each individual case. The packaging must reliably protect the contents of the shipment against stresses to which it is normally exposed during shipment (e.g. pressure, shock, drop, vibration or temperature).

11.2.1

Outer packaging must be sufficiently strong and pressure-resistant. It must also be large enough to accommodate all the contents and the necessary inner packaging parts.

11.2.2

The inner packaging must hold the contents in place and cushion them on all sides towards the outer packaging and, in the case of several components, among each other. Sales and storage packaging is often only designed for palletized shipping. For individual shipments, additional packaging measures (e.g. moulded foam) as transport packaging are mandatory.

11.2.3

Resistant materials (e.g. tear-resistant, self-adhesive plastic packing tapes or fibre-reinforced gummed tapes) must be used to seal the consignments, which guarantee consignment cohesion. The heavier a shipment is, the more resistant the closure must be.

11.2.4

Packaging or closures must not have sharp edges, corners or points, such as protruding nails, staples, wood splinters or wire ends. The packaging must completely enclose the goods being transported.

12 Final provisions

12.1

For contracts with customers who are not consumers within the meaning of §13 BGB, the place of jurisdiction Hamburg shall be deemed to have been agreed upon for disputes arising out of and in connection with the contract.

12.2

German substantive law is applicable to contracts with zipmend to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.3

Should any provision of these GTC be or become invalid, void or become null and void, the validity of the remaining provisions shall not be affected. In lieu of the invalid/void provision, the parties shall make such provision as comes closest to the intended purpose of the invalid/void provision.

Last updated: 13.11.2023

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