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These General Terms and Conditions (hereinafter GTC) govern the contractual legal relationship between zipmend GmbH (hereinafter zipmend) and its clients (hereinafter the customer). They apply to the collection, transport and delivery of bulky goods and palletised shipments (hereinafter referred to as shipments) in accordance with the price calculators under the domains zipmend.com and app.zipmend.com (in the following overview price/performance).
Conflicting terms and conditions of the customer are expressly contradicted.
Insofar as nothing else is stipulated by mandatory statutory provisions, individual individual agreements or these GTC, contracts for transport services, including additional and ancillary services, shall be supplemented by the General German Freight Forwarding Conditions (ADSp) in their current version and the provisions of Sections 459, 407 ff. HGB on the freight contract. The ADSp does not apply to transactions with consumers within the meaning of Section 13 of the German Civil Code (BGB).
The provisions of Section 407 et seq. In addition to the German Commercial Code (freight business) and, in the case of cross-border transport, the CMR (Convention on the Contract of Carriage in International Road Freight Transport), unless otherwise stipulated in these GtC.
If the customer, as the customer, specifies a company name, it is assumed that this is not a consumer within the meaning of Section 13 of the German Civil Code (BGB).
2 Service description
In cooperation with the affiliated system partners, zipmend takes over the collection, transport and delivery of shipments within the Federal Republic of Germany, the countries of the European Union, Switzerland, Liechtenstein, Monaco, Andorra, Gibraltar, United Kingdom and Norway.
The collection of the shipment(s) takes place approximately at an expressly agreed time or period at the address specified by the customer. The shipments are taken over “from the curb”, unless explicitly confirmed otherwise by zipmend. Only one pick-up and one delivery attempt is carried out at a time. The permissible dimensions and weights are detailed in the Price/Performance Overview.
Delivery shall be made to the addressees indicated on the consignment by delivery against the signature of the recipient. The sending customer agrees that the delivery may also take place to another person, who can be assumed, according to the circumstances, that he is entitled to accept the shipment (replacement delivery).
Other persons referred to in paragraph 1 shall be members and employees of the recipient’s household present, in particular in the premises of the addressee (recipient), third parties entitled to receive them by written authorisation of the addressee, and direct neighbours of the addressee. If a neighborhood levy is paid, the customer receives a notification email with a qualified notification about the time and place of delivery.
Zipmend is, provided the shipment is handed over on loading aids (pallet, lattice box, etc.) is not obliged to exchange it for empty pallets, lattice boxes etc. at the receiver. There is no repatriation obligation on the part of zipmend, unless such a reduction has been agreed separately and a separate remuneration has been agreed for the assumption of the exchange risk as well as for the return transport. Section 812 of the German Civil Code (BGB) does not apply in this respect.
If the shipment cannot be picked up or delivered in the manner described, the shipment shall be deemed to be undeliverable (e.g. cargo weight over 31kg, no lifting platform vehicle booked and no loading or unloading aid available). The customer will be notified by zipmend by telephone or in text form. The customer can also commission further pick-up or delivery attempts, the costs for this depend on the overview price/performance. The contractually owed waiting period for loading and unloading or for other reasons is limited to a total of 60 minutes, by way of derogation from clause 11.2 ADSp 2017. Each additional hour started will be charged to the customer with € 30,- (plus VAT).
Also considered undeliverable are shipments with incorrect addressing, insofar as the correct address cannot be determined with reasonable effort by zipming, and shipments whose acceptance is refused, as well as shipments that are not picked up by the recipient at a system partner branch within the specified period of request.
Undeliverable shipments are transported back to the customer by zipmend. If the customer refuses to take it back, the customer is entitled to dispose of the shipment at its expense at its dutiful discretion, including to sell or destroy it in accordance with the statutory provisions. If the customer cannot be identified, the customer 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 by the opening, zipmend either collects the customer’s instructions or transports the shipment at the customer’s expense, unless it is a shipment with dangerous content. In the case of consignments with dangerous content, zipmend is entitled to destroy or sell the shipment at the expense of the customer. If no customer or sender can be identified, the contents may be zippered in accordance with section 419 para. 3 HGB also destroy or sell. Any claims for damages by the customer remain unaffected.
Should the customer cancel the transport, one third of the agreed freight is zipmendly entitled to invoice (Section 288 para. 2 no. 2). If the vehicle is already at the loading point and there is a waiting time, the waiting time is entitled to be calculated according to 2.6 in addition to the one third of the agreed freight.
3 Contractual relationship
An order for carriage (customer’s request for the conclusion of a contract of carriage) is made in accordance with point 1. 2.2 by booking online under zipmend.com or app.zipmend.com, ordering by e-mail with corresponding confirmation by zipmend (e-mail transport confirmation) or handing over a conditional shipment.
Instructions issued by the customer after delivery of a shipment do not have to be observed. Insofar as zipmend grants the recipient the possibility to determine the place and time of delivery within the scope of his own services, the relevant right of instruction and disposition over the shipment differs from Section 418 para. 2 HGB to the receiver before the first delivery attempt. In addition, Sections 418 (1) to 5 and 419 Of the German Commercial Code (HGB) do not apply.
Shipments do not comply with the terms of the section. 4. these GtC or the permissible dimensions and weights specified in the Overview Price/Performance or the applicable regulations for packaging (section 7c) and labelling (paragraph 7b), zipmden denies carriage.
If such a shipment nevertheless enters the system of zipmend, zipmend is entitled to discontinue further transport at any time or to charge a subsequent reasonable additional fee from the customer. If the customer refuses to pay such an additional fee or there is reasonable reason to suspect that the shipment taken over is a non-conditional shipment in accordance with Section. 4. this GENERAL Terms and Conditions acts, the shipment is zipmen entitled to return the shipment or to be ready for collection by the customer. In the event of such a return, zipmend is entitled to charge an appropriate remuneration in the amount of at least one third of the agreed fee additionally as compensation for expenses. The customer is entitled to prove a much lower effort of zipmend.
zipmend is entitled to request information about the contents of the shipment(s) from the customer to determine whether the shipments are conditional, even after the shipment(s) has been taken over. If the customer refuses to provide the information or if the information cannot be scruced in time, zipping is reasonable if there is reasonable reason to believe that it is a non-conditional shipment, in particular a shipment that is contrary to the section. 4.2.1 to 4.2.11 violates these GtC, entitled to examine this broadcast for its content.
Termination of the contractual relationship by the customer after handing over the shipment(s) to zipmend is excluded.
The delivery order is valid upon delivery to the recipient in accordance with point 2.4. or paragraph 2.5. of these Terms and Conditions.
Zipmend’s offers are aimed exclusively at natural persons with unlimited legal rights as well as legal entities.
The promotion of products and services via zipmend’s website is merely 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 on the Internet pages of zipmend without giving reasons. If there is not a sufficient creditworthiness (better or equal to “3.2” at Creditsafe or better or equal to “Medium High Risk” at Coface) for payment on account, zipmend is entitled to deflate the transport until full payment despite confirmation of acceptance. We inform the customer within 2 hours by phone or in text form during his business hours (Mon-Fri 7am-8pm, except public holidays).
By submitting his offer, the customer declares that he has taken note of these general terms and conditions and, if applicable, further mentioned product-specific or service-specific requirements on the internet pages of zipmend.
4 Conditional shipments
zipmend transports shipments that comply with the applicable overview price/performance as well as the applicable regulations for packaging (section 7c) and marking (number 7b) and do not exceed the following values:
Shipments whose carriage violates legal or official prohibitions, the transport or storage of which are subject to national or international dangerous goods regulations (unless explicitly agreed otherwise, e.g. by transporting dangerous goods),
consignments whose carriage is subject to special conditions, in particular subject to special foreign, import or customs provisions of a transit or destination country (unless explicitly agreed otherwise, e.g. with customs clearance regulations),
Shipments with insufficient packaging, in particular those which do not comply with the packaging regulations (section 7c) and labelling (paragraph 7b), as well as consignments with liquid contents, insofar as they are not packed without breakage and are protected against leakage,
shipments of exceptional or difficult to estimate value, such as works of art, unique items, stamps, transferable commercial securities, securities, precious metals, precious stones, industrial diamonds, watches, money, credit and precincator cards (e.g. telephone cards) and other valid means of payment,
consignments in need of special treatment during transport (e.g. perishable or harmful goods which are particularly protected from heat or cold exposure); hanging coning) (unless explicitly agreed otherwise, e.g. for temperature-controlled transports),
consignments containing live animals and parts or mortal remains of animals or humans;
consignments which, by their external nature or content, may endanger persons or damage to tangible goods and other consignments;
Shipments in which the pick-up address or delivery address designated by the customer is unsuitable or can only be reached in disproportionate difficulty or in respect of which special expenses or security measures are required for their delivery or delivery, no island or mountain pick-ups/deliveries will be made,
Shipments that are addressed are a mailbox address, packing station, or wholesale postal code. Information on the design of the address can be found in the applicable packaging regulations (section 7c) and marking (number 7b) from consignments.
Any type of consignment containing oil, petrol or lubricants and not discharged properly, and no residual quantities may come out of the outer packaging.
Shipments, moving goods/pers. securities within the meaning of Section 451 of the German Commercial Code (HGB).
Letters within the meaning of the Postal Act (but not courier shipments – > access to the individual consignment at any time) is possible.
The fee to be paid is determined by the current price/performance overview.
The fee to be paid, including any surcharges, must be paid within 14 days if the creditworthiness is corresponding. In case of payment through the partner Paypal, the shipment is paid in advance. Deviations from this must be explicitly confirmed by zipping in text form before carrying out the transport.
Any customs duties, import and export duties incurred are collected from the recipient. If the recipient does not pay them, this shall be deemed to be a refusal to accept the consignment.
In the event of non-complete payment by the customer, zipmend reserves the right to refuse the service associated with the service or the product.
In case of continued non-payment of outstanding invoices, zipmend reserves the right to engage a collection service provider or a lawyer. The resulting legal costs (in particular court costs, costs of the enforcement authorities, investigation costs etc.) are to be reimbursed by the customer in case of a claim.
6. Set-off, retention
In respect of claims arising from the contract of carriage and related non-contractual claims, set-off or retention is only permissible with undisputed counterclaims that are due and which are legally established or ready for decision. The objection of the unfulfilled contract remains unaffected.
Insofar as nothing else is expressly stipulated in these GtC or between zipmend and the customer, zipmend shall only be liable in accordance with the ADSp’s latest version or Section 407ff of the German Commercial Code (HGB), in particular Section 425 ff. HGB, in the case of cross-border transport, in accordance with Article 17 ff. Cmr.
in the event of loss or damage to a shipment, the customer shall only be liable to the extent of the direct damage typical of the contract up to the statutory limits of liability.
If the customer has handed over a non-conditional shipment (see section 4) for carriage without expressly and in writing, and if damage to the shipment arises from the lack of suitableness of the consignment, it is presumed in favour of the carrier that the damage was caused by this danger. The special grounds for disclaimer or disclaimer pursuant to Section 425 para. 2, 426 and 427 HGB or in the case of cross-border transport under Art. 17 CMR remain unaffected.
The customer or recipient shall report an externally recognizable damage at the latest at the time of delivery of the shipment, an unrecognizable damage within 7 days after delivery, each with clear marking of the damage. Otherwise, it is assumed that the shipment was delivered completely and intact.
A total loss is presumed if a shipment has not been delivered within 20 days, internationally, within 20 days after acceptance for delivery on national delivery. A written proof of delivery with the signature of the recipient relieves zipmend from the liability for total losses. The signature of a recipient in digital form and its reproduction is also recognised as proof of delivery.
In addition, only the customer can assert claims arising from the contract as a contractual partner of zipmend on presentation of the delivery receipt. Section 421 para. 1 p. 2 HGB is waived in this respect.
All claims of the customer are time-barred in accordance with Section 439 of the German Commercial Code (HGB) or in the case of cross-border carriage in accordance with Art. 32 CMR. Insofar as claims are concerned that are not subject to the provisions of the freight contract in accordance with the German Commercial Code (HGB) or in the case of cross-border transport by the CMR, the statutory limitation periods shall apply. However, the limitation periods of Section 439 of the German Commercial Code (HGB) or Art. 32 CMR shall apply accordingly to claims arising from tortious liability of zipmend.
The customer is liable for damages caused by non-conditional shipments, either directly or due to the use of third parties. This applies in the case of a consumer’s order only if the customer is at fault.
If the recipient does not pay any additional costs (customs duties, import and export duties) incurred in the context of delivery, the customer shall compensate zipmend the costs of the return of the refused shipment plus additional costs incurred.
The customer is liable for all consequences resulting from an illegal cross-border transport and violations of foreign, import or customs regulations.
zipmend is exempt from liability insofar as the loss, damage or exceeding of the delivery period is due to insufficient packaging (section 7c) or marking (number 7b) by the sender or customer. The statutory exclusions of liability apply (in particular Section 426 f of the German Commercial Code (HGB), Art. 17 CMR).
Zipmend is liable for damage caused by transport contracts from collection to delivery of shipments with SDR 8.33 for each kilogram of the gross weight of the consignment (Section 431 of the German Commercial Code (HGB, Art. 23 CMR). Upon request as well as written request from the customer, the liability for intra-German transports can be increased to up to 40 SDR/kg (liability corridor according to HGB).
Liability for overruns of delivery times is limited to three times (Section 431 sec. 3 HGB) for national (within Germany) freight transport as well as to the simple freight (Art. 23 sec. 5 CMR) for cross-border freight transport.
If only individual packages or parts of the consignment have been lost or damaged, the maximum amount of liability shall be calculated on the basis of the gross weight of the entire consignment, if the entire consignment has been devalued, or on the devalued part of the consignment, if only a part of the consignment has been devalued.
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.
Zipmend shall not be liable for losses or damage to consignments or for delivery time overruns, which are due to circumstances which, despite the utmost care of a regular merchant, cannot be avoided and the consequences of which he could not avert.
8 Data storage
All personal data will be treated by zipmend in accordance with the statutory provisions, in particular the GDPR and the Federal Data Protection Act.
zipmend points out that zipmend uses third parties (subcontractors) to perform the services of third parties . In order to carry out the contracts concluded with the customer, zippered authorization is authorized to transmit personal data to these third parties to the extent necessary.
Zipmend or its subcontractors use electronic means to prove proper delivery and therefore store the data related to the service, e.g. the digitized form of the recipient’s signature, date and time of delivery, for verification purposes.
9 Revocation instructions for consumers within the meaning of Section 13 of the German Civil Code (BGB)
You have the right to withdraw from this contract within 14 days without giving any reason.
In order to exercise your right of withdrawal, you must inform zipmend by means of a clear declaration (e.g. by letter, fax or e-mail) about the decision to withdraw from this contract. You can use the attached model form, but it is not mandatory.
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 revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of the revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
If you have requested that the service should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided in the contract.
Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us)
(*) Incorrect deletion
10 Address and sender information on consignments
Any consignment handed over to zipmend for carriage requires a complete address and sender information by the customer. The address must be so precise and clear that the consignment can be transported and delivered without investigation. It must not contain additives that lead to misunderstandings or make the processing of the consignment difficult or impossible. The inscription must be affixed to the largest area of the consignment (the page), and the clarity must not be affected by information which does not belong to the address. In the case of used packaging, all misleading information, e.g. old address data, must be removed.
The address must be ordered from top to bottom
The destination with the leading postcode should be clearly at a distance from the delivery information in the lowest line. The destination shall be indicated without any additions which do not form part of the official place designation. The postal code must always be fully specified. The sender’s indication must correspond to the address in its arrangement and in the components. The sender’s information shall not affect the clarity of the address. For security, the address and sender information must also be deposited within the shipment.
11 Packaging conditions for shipments
Shipments must be safely packaged by the customer according to content, type of shipment and scope, so that damage during transport is excluded and the content is protected from loss and damage. The packaging always includes suitable outer packaging, suitable inner packaging and a secure closure.
11.2 Safe packaging
The outer packaging must be fair to the contents in such a way that the packaged items do not fall out, do not damage other consignments and are not damaged themselves. Sufficient internal packaging shall be provided and supplemented by fillers. In the case of transport-sensitive items, the packaging must be adapted to its particular sensitivity in order to take into account the characteristics, quantity and all other special features of the respective contents in individual cases. The packaging must securely protect the contents of the consignment against stresses to which it is normally subjected during shipment (e.g. pressure, shock, fall, vibration or temperature influences).
Outer packaging must be sufficiently firm and pressure-stable. It must also be large enough to accommodate the entire contents and the necessary inner packaging parts.
The inner packaging must fix the contents and padded them all sides to the outer packaging and to each other in the case of several parts of the content. Sales and storage packaging is often only designed for palletized shipping. Additional packaging measures (e.g. moulded foam) as transport packaging are mandatory for individual shipment.
Resistant materials (e.g. tear-resistant, self-adhesive plastic packing tapes or fiber-reinforced wet adhesive tapes) must be used to seal the shipments, which guarantee shipment cohesion. The heavier a shipment is, the more resistant the closure must be.
Packaging or closures shall not have sharp edges, corners or tips, such as protruding nails, brackets, wood shards or wire ends. The packaging must completely enclose the goods.
12 Place of jurisdiction and partial effect
For contracts with customers that are not consumers within the meaning of Section 13 of the German Civil Code (BGB), the place of jurisdiction in Hamburg shall be deemed to have been agreed for disputes arising out of and in connection with the contract.
German substantive law is applicable to contracts with zipmend to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these General Terms and Conditions be or become invalid, be void or become void, the validity of the remaining provisions shall not be affected. Instead of the invalid/void provision, the parties will make such a provision that comes closest to the purpose intended with the invalid/non-objective.
As of: 12/08/2020