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 shipments 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 an overview of price/performance).
Conflicting terms and conditions of the customer are expressly contradicted.
Unless otherwise stipulated by mandatory statutory provisions, individual individual agreements or these General Terms and Conditions, in the case of contracts for transport services including additional and ancillary services, the following shall apply in addition and in this order for national transports:
The provisions of §§ 459, 407 et seq. of the German Commercial Code (HGB) (freight business) and, in the case of cross-border transports and national transports not listed in 1.2, the CMR (Convention on the Contract for the International Carriage of Goods by Road) shall also apply in addition, unless otherwise stipulated in these General Terms and Conditions.
If the customer as the client specifies a company name, it is assumed that this is not a consumer within the meaning of §13 BGB.
2 Service description
In cooperation with the affiliated 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.
The collection of the shipment(s) takes place approximately at an expressly agreed time or period at the address specified by the customer. The takeover of the shipments takes place "from the curbside", unless explicitly confirmed otherwise by zipmend. Only one pick-up and one delivery attempt will be made. The permissible dimensions and weights can be found in detail in the price/performance overview.
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 handover may also be made to another person who, under the circumstances, can be assumed to be entitled to accept the shipment (substitute delivery).
Other persons within the meaning of paragraph 1 are, in particular, members and employees of the recipient's household present on the premises of the addressee (recipient), third parties authorized to receive the goods by written authorization of the recipient and immediate neighbors of the addressee. If a neighbourhood levy is carried out, the customer will receive a notification e-mail with a qualified indication of the time and place of the handover.
zipmend is, if the consignment is handed over on loading aids (pallet, lattice box, etc.), 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. Section 812 of the German Civil Code (BGB) shall not apply in this respect.
If the shipment cannot be picked up or delivered in the manner described, the shipment is considered undeliverable (e.g. shipment weight over 31kg, no lifting platform vehicle booked and no loading or unloading aid 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 depend on the price/performance overview. In deviation 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 invoiced to the customer at the corresponding cost rate from the transport confirmation email.
Items with incorrect addressing, unless the correct address cannot be determined with reasonable effort by zipping, 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 period specified therein, shall also be deemed undeliverable.
Undeliverable shipments will be returned to the customer by zipmend. If the customer refuses to take back the shipment, 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 by the opening, zipmend will either obtain the customer's instructions or, unless it is a shipment with dangerous contents, return the shipment at the customer's expense. In the case of shipments with dangerous content, zipmend is entitled to destroy or sell the shipment at the customer's expense. 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.
If the customer terminates 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, in deviation from § 415 HGB. Furthermore, zipmend is entitled to additionally charge the waiting time according to 2.6.
3 Contractual relationship
An order for carriage (application by the customer to conclude a contract of carriage) is made by online booking at zipmend.com or app.zipmend.com, commissioning by e-mail with corresponding confirmation by zipmend (e-mail transport confirmation) or handing over of a consignment in accordance with the conditions.
Instructions given by the customer after handing over a shipment do not have to be observed by zipmend. Insofar as zipmend grants the recipient the opportunity to determine the place and time of delivery within the scope of its own services, the right to issue instructions and dispose of the shipment in this regard shall pass to the recipient even before the first delivery attempt, in deviation 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) shall not apply.
If shipments do not comply with the conditions of para. 4. of these General Terms and Conditions or the permissible dimensions and weights stated in the overview of price/performance or the applicable regulations on packaging (Section 7c) and labeling (Section 7b), zipmend rejects carriage.
If such a shipment nevertheless enters the zipmend system, 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 if there is reasonable reason to suspect that the shipment accepted is a shipment that does not comply with the conditions in accordance with para. 4. of these terms and conditions, 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 is entitled to charge an appropriate remuneration of at least one third of the agreed remuneration additionally as an expense allowance. The customer is entitled to prove a significantly lower effort on the part of zipmend.
zipmend is entitled, even after taking over the shipment(s), to request information from the customer about the content of the shipment(s) in order to determine whether the shipments are in accordance with the conditions. If the customer refuses to provide information or if the information cannot be obtained in good time, zipmend shall, if there is justified reason to suspect that it is a shipment that does not comply with the conditions, in particular a shipment that violates para. 4.2.1 to 4.2.11 of these terms and conditions, is entitled to examine the contents of this shipment.
A termination of the contractual relationship by the customer after handover of the shipment(s) to zipmend is excluded.
The delivery order is valid upon handover to the recipient in accordance with para. 2.4. or section 2.5 of these GTC.
zipmend's offers are aimed exclusively at natural persons and legal entities with unlimited legal capacity.
The advertising of products and services via the zipmend website merely constitutes an invitation by the customer to submit an offer (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 no 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 inform the customer within 2 hours by telephone or in text form during its business hours (Mon-Fri 7 a.m.-8 p.m., except public holidays).
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 zipmend's website.
4 Conditional shipments
zipmend transports consignments that comply with the applicable overview of price/performance as well as the applicable regulations on packaging (Section 11) and labeling (Section 10) and do not exceed the following values:
The following will not be accepted:
Shipments whose transport 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),
Shipments whose transport is subject to special conditions, in particular are subject to special export, import or customs regulations of a country of transit or destination (unless explicitly agreed otherwise, e.g. with regulations on customs clearance),
Consignments with inadequate packaging, which in particular do not comply with the regulations on packaging (No. 11) and labeling (No. 10), as well as consignments with liquid contents, insofar as they are not packed in a shatterproof manner and protected against leakage,
consignments of exceptional or inestimable value, such as works of art, unique pieces, stamps, negotiable commercial documents, securities, precious metals, precious stones, industrial diamonds, watches, money, credit and debit cards (e.g. telephone cards) and other valid means of payment,
consignments that require special handling during transport (e.g. perishable or damage-prone goods that require special protection from the effects of heat or cold; Trailer assembly) (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, due to their external nature or contents, may endanger persons or damage material goods and other consignments,
Shipments for which the pick-up address or delivery address specified by the customer is unsuitable or can only be reached with disproportionate difficulty, or for the posting or delivery of which special expenses or security measures are required, furthermore, no island or mountain pick-ups/deliveries will be made,
Shipments whose address is a P.O. Box address, a packing station or a wholesale postcode. Information on the design of the address can be found in the applicable regulations on packaging (section 11) and labelling (section 10) of consignments.
Any type of shipment that contains oil, gasoline, or lubricants and is not properly drained, with no residual quantities coming out of the outer packaging.
Shipments that contain removal goods/personal effects within the meaning of § 451 HGB.
Letter items within the meaning of the Postal Act (but not courier items - > Access to the individual item possible at any time).
The fee to be paid results from the applicable price/performance overview.
The fee to be paid, including any surcharges, must be paid within 14 days if you have the appropriate credit rating. In the case of payment via the partner PayPal/Mollie, the shipment is paid in advance. Deviations from this must be explicitly confirmed by zipmend in text form before the transport is carried out.
Any customs duties, import and export duties incurred shall be collected by the customer. If the recipient does not pay this, this shall be deemed to be a refusal to accept the consignment.
If payment is not made in full by the customer, zipmend reserves the right to refuse the service associated with the service or product.
In the event of continued non-payment of the outstanding invoices, zipmend reserves the right to commission a collection service provider or lawyer. The resulting legal costs (in particular court costs, costs of enforcement bodies, investigation costs, etc.) are to be reimbursed if claimed by the customer.
6. Set-off, retention
With regard to claims arising from the contract of carriage and related non-contractual claims, set-off or retention is only permitted with undisputed, due counterclaims that have been legally established or are ready for decision. The defence of non-performance of the contract remains unaffected.
Unless otherwise expressly stipulated in these T&Cs or between zipmend and the Customer, zipmend shall be liable for national carriages for the following countries as follows:
In the case of cross-border or national transport that has not been listed above, zipmend is mandatorily liable in accordance with Art. 17 et seq. CMR.
zipmend shall only be liable to the customer in the event of loss or damage to a shipment to the extent of the direct damage typical for the contract up to the statutory liability limits.
If the customer has handed over a consignment for carriage that is not in accordance with the conditions (cf. clause 4) without expressly pointing this out in writing, and if damage occurs to the consignment which, according to the circumstances of the case, could arise from the unsuitability of the consignment, it shall be presumed in favour of the carrier that the damage has arisen from this risk. The special grounds for reducing or excluding liability in accordance with §§ 425 (2), 426 and 427 of the German Commercial Code (HGB) or, in the case of cross-border transport, in accordance with Art. 17 CMR, remain unaffected.
The customer or recipient must report any externally recognizable damage at the latest upon delivery of the shipment, or 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 was delivered complete and intact.
A total loss is presumed if a consignment has not been delivered within 20 days after acceptance for delivery in the case of national delivery, and not within 30 days internationally. A written proof of delivery with the signature of the recipient releases zipmend from liability for total losses. The signature of a recipient in digital form and its reproduction are also accepted as proof of delivery.
Incidentally, 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.
All claims of the customer are subject to a limitation period in accordance with § 439 HGB or, in the case of cross-border transport, in accordance with Art. 32 CMR. Insofar as claims are concerned which 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 CMR, the statutory limitation periods shall apply. However, the limitation periods of § 439 HGB or Art. 32 CMR shall apply accordingly to claims arising from tortious liability of zipmend.
The customer is liable 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 a consumer's order, this only applies if the customer is at fault.
If the recipient does not pay additional costs incurred in the context of delivery (customs duties, import and export duties), the customer must reimburse the costs of the return transport of the consignment refused to accept plus any additional costs incurred.
The customer is liable for all consequences arising from inadmissible cross-border transport and violations of export, import or customs regulations.
zipmend is exempt from liability if the loss, damage or exceeding the delivery period is due to insufficient packaging (Section 11) or labeling (Section 10) by the sender or customer. The statutory exclusions of liability apply (in particular §§ 426 f. HGB, Art. 17 CMR).
Zipmend is liable for damage to goods arising from contracts of carriage from collection to delivery of the shipments at 8.33 SDRs for each kilogram of the gross weight of the shipment (§ 431 HGB, Art. 23 CMR). On request and request in text form on the part of the customer, the liability for intra-German transports can be increased to up to 40 SDRs/kg (liability corridor according to HGB).
Liability for exceeding delivery deadlines is limited to three times as much (§ 431 para. 3 HGB) in the case of national (within Germany) carriages of goods (§ 431 para. 3 HGB) and to that of freight (Art. 23 para. 5 CMR) in the case of 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 cancelled, or on the basis of the cancelled part of the consignment if only part of the consignment has been cancelled.
Liability for damage to packaging or loading equipment is excluded as a matter of principle. This also applies to boxes or the like, if they have not also been completely packed.
To the extent permitted by law, zipmend shall not be liable for loss or damage to shipments or for exceeding delivery deadlines due to circumstances which zipmend could not avoid despite the greatest care taken by a prudent businessman and whose consequences it could not avert.
8 Data storage
All personal data is 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 fulfill the services incumbent. In order to execute the contracts concluded with the customer, zipmend 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 Cancellation policy for consumers within the meaning of § 13 BGB
You have the right to revoke 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) of the decision to withdraw from this contract. You can use the attached sample form, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke 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), immediately and at the latest within fourteen days from the day on which we received notification of the revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the service should begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
Sample revocation form
(If you want to revoke the contract, please fill out this form and send it back to us)
(*) Delete as appropriate
10 Address and sender details
Each consignment handed over to zipmend for transport requires a complete address and sender information transmitted online or in text form by the customer. The address must be sufficiently precise and clear so that the consignment can be transported and delivered without investigation. It must not contain any additions that lead to misunderstandings or make it difficult or impossible to process the shipment.
The address must be ordered from top to bottom
The destination with a prefixed postal code should be placed at a clear distance from the delivery details in the lowest line. The place of destination must be indicated without additions that are not part of the official name of the place. The postal code must always be complete. The sender's information must correspond to the address in its arrangement and in the constituent parts. The sender information must not impair the clarity of the address.
11 Packaging conditions for shipments
Shipments must be securely packed by the customer according to content, type of shipment and scope so that damage during transport is excluded and the contents are protected against loss and damage. Packaging always includes suitable outer packaging, suitable inner packaging and a secure closure.
The outer packaging must be suitable for the contents in such a way that the packaged items do not fall out, do not damage other consignments and are not damaged themselves. 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 character, 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 exposed during shipment (e.g. due to pressure, shock, fall, vibration or temperature influences).
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.
The inner packaging must fix the contents and cushion them on all sides towards the outer packaging and, in the case of several parts of the contents, one below the other. Sales and warehouse packaging is often only designed for palletized shipping. For individual shipments, additional packaging measures (e.g. molded foam) as transport packaging are mandatory.
Resistant materials (e.g. tear-resistant, self-adhesive plastic packing tapes or fibre-reinforced wet adhesive tapes) must be used to seal the consignments, which guarantee the cohesion of the consignment. The heavier a shipment is, the more resistant the closure must be.
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 to be transported.
12 Final provisions
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 for disputes arising from and in connection with the contract.
Contracts with zipmend are governed by German substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of these terms and conditions be or become invalid, void or void, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall make a provision that comes as close as possible to the purpose intended by the invalid/void provision.