shipcloud GTC

shipcloud GmbH

(Valid for new customers with immediate effect; for existing customers from February 15th, 2022)

Date: January 2022

In case of differences between the German and English version or in other cases of doubt, the German version shall be binding.

§ 1 Scope of application

These terms and conditions apply to all services which shipcloud GmbH provides independently or with the involvement of third parties after being commissioned via its online platform shipcloud.io. They apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that shipcloud GmbH has expressly consented to their validity in the individual case. This requirement of consent shall apply in any case, for example even if shipcloud GmbH performs the service to the customer without reservation in the knowledge of the customer’s GTC.

§ 2 Definitions

The customer within the meaning of these terms and conditions is any entrepreneur or any company or institution that makes use of the services of shipcloud GmbH. The offer of shipcloud GmbH is not directed at consumers. Recipient within the meaning of these terms and conditions is any natural person or legal entity named as recipient by the customer. Consignment(s) within the meaning of these terms and conditions are the respective goods to be transported.

§ 3 Service provision

shipcloud GmbH provides a platform via shipcloud.io which can be integrated into existing systems. This platform is provided and operated by shipcloud GmbH as software as a service. With this software, all relevant shipping service providers can be integrated into the customer’s systems via a single interface in such a way that the customer can use it to automatically create shipping and returns labels and track consignments. The shipcloud GmbH platform has the functions described in the online documentation. The data is transferred by the customer by addressing the interface function in the data centre of shipcloud GmbH or by entering it in the web form provided. The connection of the customer’s systems to the platform is not part of the service provision. The service obligation of shipcloud GmbH is limited to the forwarding of the data entered via the platform to the respective transport company as (sub-)carrier, unchanged in terms of content, as well as the forwarding of the data received from the transport companies as (sub-)carriers for the customer to the customer, unchanged in terms of content. shipcloud GmbH is not responsible for the correctness and completeness of the content of the data to be transmitted.

§ 4 Conclusion of contract

(1) The use of the platform of shipcloud GmbH requires registration. The customer is obliged to provide the data requested during registration correctly and completely. This also includes the deposit of a payment method together with the payment data required for collection for the respective selected payment method. Any VAT identification number (or its respective country-specific counterpart, such as the VAT number in Switzerland) must also be provided, unless an exemption from any VAT liability exists and a VAT identification number is consequently not issued – even upon request. By not providing a VAT identification number (or its respective country-specific counterpart), the customer confirms that he is exempt from any VAT liability in his tax territory. Following registration, the customer will receive an access code and password. This constitutes acceptance of the contract on the part of shipcloud GmbH. The access code and password must be protected against unauthorised access by third parties.

(2) f a contractual relationship already exists/existed between shipcloud GmbH and the customer and the corresponding services were put out of operation at the customer’s expense as a result of the disregard of these contractual terms and conditions pursuant to paragraph 10 or if the contractual relationship was terminated as a result, the conclusion of a (further/new) contract with the customer or the de facto sender/account user (for the purpose of circumventing the suspension/termination) is excluded.

§ 5 Contract duration

(1) Unless otherwise explicitly agreed, the term of the contract shall be one month from the day of the agreed start of the contract and shall be automatically extended by one month unless the contractual relationship is terminated by one of the contracting parties by the end of the current contractual month.

(2) The right to extraordinary termination for good cause remains unaffected. In particular, shipcloud GmbH is entitled to do so if the customer makes unauthorised interventions in the platform of shipcloud GmbH, violates the terms and conditions listed in paragraph 6 or repeatedly fails to meet its payment obligations despite reminders.

(3) The termination of the direct debit agreement, the withdrawal of the SEPA direct debit mandate, the loss of validity of the deposited means of payment (e.g. expiry of the credit card) or the deletion of the deposited payment data shall not constitute a termination on the part of the customer. An explicit and justified termination of the contractual relationship is always required.

§ 6 Right of use

(1) The customer and the users set up by him receive the non-exclusive right, limited to the period of use or the term of the contract, to access the software functionalities via the Internet. The customer and the users set up by him do not receive any rights beyond this.

(2) The customer is not entitled to use the software beyond the use permitted in accordance with this contract or to have it used by third parties or to make it accessible to third parties. In particular, the customer is not permitted to reproduce or sell the software or parts thereof.

(3) The customer is responsible for all accesses set up in his company and must also pay the prices incurred by the users set up by him and thus authorised. The same shall apply in the event of unauthorised use by other third parties if and insofar as the customer is responsible for this use.

(4) Upon request, the customer shall provide shipcloud GmbH with all information required to assert claims against third parties, in particular their name and address, as well as the type and scope of his claims against them arising from the unauthorised provision of the programme without undue delay.

(5) shipcloud GmbH reserves the right to restrict access to the system in the event of excessive use of the platform, for example DDoS attacks and faulty programming of the system connection on the part of the customer.

(6) In order to ensure the optimal performance of the API of shipcloud GmbH and to ensure that all clients have an optimal usage experience, the customer is obliged to control/optimise the use of the API of shipcloud GmbH by the users set up by him and to limit it to a so-called “fair use” volume. Fair use is defined as a non-excessive use of the API. If the customer uses the API excessively, shipcloud GmbH may restrict access to its API without prior warning.

§ 7 Updates

shipcloud GmbH may make changes or have changes made to the platform of shipcloud GmbH (updates and/or new versions) at any time, even without the consent of the customer. shipcloud GmbH undertakes to make these changes in such a way that the contractually guaranteed services are not unreasonably impaired.

§ 8 Prices/fees for the use of the shipcloud platform

The prices and charges shown on the platform of shipcloud GmbH shall apply (usage fees/charges plus statutory VAT). The customer is obliged to pay the contractually agreed fee for each service. shipcloud GmbH expressly reserves the right to make changes, whereby fees for services already purchased shall remain unaffected by such changes.

§ 9 Invoicing / Payment

(1) Unless individual payment terms have been agreed, any monthly or transaction-based usage fees/charges for the platform shall be invoiced monthly.

(2) The implementation of an upgrade to a plan with higher monthly-based usage fees/charges or an upgrade/change to a plan with transaction-based usage fees/charges always triggers an (interim) settlement of monthly- or transaction-based usage fees/charges at the time of the upgrade/change.

(3) As a rule, the customer can make payment by PayPal, by credit card or by SEPA direct debit (individual payment methods are not available in all countries (currencies) / for all clients). Payment on invoice requires an express individual agreement. shipcloud GmbH reserves the right to deny / withdraw the (possibly further) use of individual payment methods to the customer (e.g. as a result of an increased credit risk of the customer). If a direct debit submitted is returned for reasons for which the customer is responsible, shipcloud GmbH may reclaim any costs incurred from the customer. The same applies to payment by PayPal or credit card. In the aforementioned cases, a service fee will be charged in accordance with the fee table on the shipcloud GmbH website.

(4) The customer shall check each invoice for accuracy and raise possible objections within 4 weeks after receipt of the invoice. Objections are excluded after expiry of the deadline.

(5) The customer agrees that shipcloud GmbH may transmit invoices electronically. The invoices will be sent as file attachments to the customer’s stored email address.

§ 10 Default / missing payment method

(1) In the event of default in payment, shipcloud GmbH shall be entitled, following a prior reminder setting a deadline, to decommission the services at the expense of the customer. In case of recurrence, paragraph 5, subsection (2) shall apply. The obligation to pay the usage fees/charges remains unaffected.

(2) In the event of termination of the direct debit agreement, withdrawal of the SEPA direct debit mandate, loss of validity of the deposited means of payment (e.g. expiry of the credit card) or deletion of the deposited payment data during the term of the contract, shipcloud GmbH shall be entitled to decommission the services at any time at the expense of the customer. The obligation to pay the usage fees/charges remains unaffected.

(3) shipcloud GmbH reserves the right to assert further claims due to default of payment.

§ 11 Data collection/protection

When collecting and processing data, shipcloud GmbH shall observe the applicable provisions of data protection law as well as the data protection provisions that can be accessed via the hyperlink on the shipcloud GmbH website. shipcloud GmbH and the customer shall conclude an agreement on commissioned processing.

§ 12 Liability

(1) The liability of shipcloud GmbH is governed by the statutory provisions.

(2) In the event of simple negligence, shipcloud GmbH shall only be liable for damages arising from the breach of a material contractual obligation (obligation, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the customer regularly relies and may rely); in this case, however, liability shall be limited to the compensation of the foreseeable, typically occurring damage and to the amount of the total remuneration paid by the customer to shipcloud GmbH until the occurrence of the case of damage, but no more than the total remuneration of the preceding 12 months. Liability for loss of profit is excluded. Liability for intent, gross negligence and in the event of injury to life, body or health shall remain unaffected.

(3) shipcloud GmbH shall not be liable for the functionality of any standard integrations into the software of shipcloud GmbH used by the customer and provided by third parties.

(4) shipcloud GmbH shall not be liable for any defects that have demonstrably arisen due to the integration of the software of shipcloud GmbH into the system environment of the customer under the customer’s responsibility.

(5) shipcloud GmbH shall not be liable for the incorrect creation of shipping and return labels that are due to insufficient data quality of the data transmitted by the customer.

(6) shipcloud GmbH is not liable for the functionality of third-party systems of the shipping service providers used by shipcloud GmbH for label creation and consignment tracking.

(7) shipcloud GmbH shall not be liable for damages resulting from the loss of data or the use of defective data of the customer.

(8) shipcloud GmbH shall not be liable for claims of third parties arising from the storage of data by the customer on shipcloud.io.

(9) Insofar as defects caused by shipcloud GmbH occur that lead to a loss or severe impairment of the contractually guaranteed use, shipcloud GmbH is obliged to remedy the defects. However, insignificant deviations from functionality do not constitute a defect.

§ 13 Miscellaneous

(1) The customer may neither assign nor pledge claims against shipcloud GmbH; monetary claims are excluded. Offsetting is only permissible with legally established or undisputed claims.

(2) shipcloud GmbH is entitled to amend the General Terms and Conditions if there are valid reasons for doing so, in particular due to new technical developments as well as changes in the legal situation, supreme court rulings, economic circumstances, market conditions or other equivalent reasons. The amended General Terms and Conditions shall be sent to the customer by e-mail no later than 1 month before they come into force. If the customer does not object to their validity within two weeks after receipt of the e-mail, the amended General Terms and Conditions shall be deemed accepted. The two-week period shall be pointed out separately in the course of the transmission of the amended General Terms and Conditions by e-mail. The amended General Terms and Conditions shall also be published on the website of shipcloud GmbH.

(3) The place of jurisdiction is Hamburg, Germany.

Special terms and conditions for the use of transport services

If, in addition to the use of the shipcloud platform by the customer, transport services are also booked, the following Special Terms and Conditions for the Use of Transport Services shall apply in addition to the General Terms and Conditions of §§ 1 to 13 above. The following §§ 14 to 21 only apply to these services.

§ 14 Optional provision of transport services

(1) shipcloud GmbH also organises logistics services as a carrier. For the provision of services, shipcloud GmbH uses renowned, internationally active transport companies as sub-carriers. shipcloud GmbH will commission the sub-carrier designated by the customer to carry out the transport of the consignment. The sub-carrier is free to engage subcontractors. shipcloud GmbH and its sub-carriers are free to choose the transport routes and means. Compliance with specific delivery deadlines is regularly not owed. Instructions issued by the customer after handover of a consignment do not have to be followed. Sec. 418 and 419 of the German Commercial Code (HGB) do not apply.

(2) As a rule, delivery is made to the recipient named by the customer by personal handover. Forms of contactless delivery are permissible at the request of the customer or through solutions customary in the industry of the transport service providers in connection with the Corona pandemic. Consignments to recipients in community facilities may be delivered to a person designated by the facility’s management to receive consignments. The customer agrees that the delivery may also be made to such persons as may be assumed under the circumstances to be authorised to take over the consignment. This includes, in particular, relatives of the recipient or the recipient’s spouse, employees of the household, flatmates and neighbours of the recipient. After an unsuccessful delivery attempt, shipcloud GmbH also has the right to have the consignment deposited in a parcel shop of one of its service providers and to notify the recipient of the deposit, which is considered delivery. shipcloud GmbH is entitled to use electronic means to confirm receipt. If the consignment cannot be delivered in the manner described, a maximum of 2 further delivery attempts will be made in the case of both national and international delivery. After that, the consignment is deemed to be undeliverable. Consignments are also considered undeliverable if an incorrect recipient is indicated and consignments whose acceptance is refused. shipcloud GmbH will return undeliverable consignments to the customer in Germany at the customer’s expense. If an undeliverable consignment cannot be returned to the customer, shipcloud GmbH is entitled to open it. If the customer or another entitled party cannot be determined or if a delivery or return of the consignment is not possible or reasonable for other reasons (e.g. because the customer refuses to bear the costs or such a refusal can be assumed – for example as a result of already outstanding claims of shipcloud GmbH against the customer), shipcloud GmbH may utilise, destroy or sell the consignment at the expense of the customer in accordance with the statutory provisions.

§ 15 Conclusion of contract for transport services

(1) A contractual carriage relationship is established between shipcloud GmbH and the respective customer of the freight-carrying logistics services. It shall be concluded exclusively upon binding acceptance of the offer of the customer to conclude the contract by shipcloud GmbH by means of a written or electronic declaration. shipcloud GmbH is free to reject an offer at any time and without stating reasons.

(2) Under no circumstances shall shipcloud GmbH conclude contracts of carriage for goods excluded from transport (§ 18). Should shipcloud GmbH become aware of the carriage of goods excluded from transport, it shall be entitled to refuse onward carriage and/or to demand an appropriate surcharge from the customer. shipcloud GmbH refuses to organise the transport of consignments to recipients that are listed in sanctions and/or embargo lists or are subject to a cooperation ban. shipcloud GmbH is entitled to demand information about the contents of the consignment from the customer even after the consignment has been taken over by a third party commissioned by it. If the customer refuses to provide the information or if the information cannot be obtained in time, shipcloud GmbH shall be free to examine the contents of the consignment with regard to the exclusions from carriage specified in § 18 or to have them examined by third parties commissioned by it.

(3) In addition to these GTC, the provisions of the German Commercial Code (HGB) as well as the German Freight Forwarders’ Standard Terms and Conditions (ADSp), each in their latest version, shall apply. In the event of contradictions, the GTC shall take precedence.

§ 16 Prices/charges for transport services

(1) For transport services purchased via shipcloud, the current tariffs of the respective transport companies, which can be called up in the WebUI of shipcloud GmbH for the specific purchase, shall apply for the calculation of charges.

(2) If the customer purchases shipping labels via the WebUI of shipcloud GmbH, the customer owes the stated price/fee (plus VAT) from the moment the shipping label is created. If shipping labels are generated via the API, the customer shall owe the price/fee shown on the platform of shipcloud GmbH or according to the offer as soon as the parameter create_shipping_label=true is specified during generation. When ordering a transport using the shipping service provider DHL within the framework of a contractual carriage relationship between shipcloud GmbH and the customer, shipcloud GmbH grants customers the option to delete/cancel shipping labels that have already been created/purchased, provided that the deletion/cancellation – using the corresponding deletion/cancellation function on the online platform shipcloud.io – takes place before 6.00 p.m. CET on the calendar day of the creation/purchase of the shipping label. Shipping labels deleted/cancelled in accordance with these rules will not be charged to the customer. When ordering a transport using a shipping service provider other than DHL within the framework of a contractual carriage relationship between shipcloud GmbH and the customer, shipcloud GmbH grants the customer the option to delete/cancel shipping labels that have already been created/purchased, provided that the deletion/cancellation – using the corresponding deletion/cancellation function on the online platform shipcloud.io – takes place before 24.00 CET on the calendar day of the creation/purchase of the shipping label. Shipping labels deleted/cancelled in accordance with these rules will not be charged to the customer. The option to delete/cancel already created/purchased shipping labels after the expiry of the deadlines specified in the above two paragraphs is expressly excluded. The cancellation of shipping labels does not affect the obligation to pay the usage fees for the use of the shipcloud platform.

(3) shipcloud GmbH is entitled to charge a subsequent debit if, upon verification of the selected transport company, the details of a placed order are incorrect, addresses are incorrect, maximum parcel dimensions or weight specifications are/will be exceeded and/or consignments are/will be insufficiently packed.

In the event of subsequent charges, shipcloud GmbH shall pass on the charges of the shipping service providers to the customers. In addition, shipcloud GmbH reserves the right to charge service surcharges depending on the effort involved.

(4) shipcloud GmbH is also entitled to charge a subsequent debit if the conditions of § 19 are not complied with by the customer.

(5) The customer shall be obliged to bear the costs of returns processing incurred in the course of the return consignment to the customer.

§ 17 Invoicing, payment

§ 9 of the GTC applies accordingly to optional transport services. shipcloud GmbH reserves the right to (interim) invoice transaction-based usage fees/charges as well as freight-carrying logistics services without fixed billing cycles.

§ 18 Exclusions

(1) Excluded from carriage are:

Goods of special value, in particular precious metals, genuine jewellery, precious stones, genuine pearls, antiques, works of art or other valuables, if they are excluded from carriage in accordance with the General Terms and Conditions and/or the Conditions of Carriage of the performing transport company or if their value exceeds the maximum permissible value for this group of goods in accordance with the General Terms and Conditions and/or the Conditions of Carriage of the performing transport company for the transport; in addition, the General Terms and Conditions and/or the Conditions of Carriage of the performing transport company shall apply;
Money, coins, certificates, documents, securities and other goods of monetary value (e.g. credit cards, cheques and telephone cards), if they are excluded from carriage in accordance with the General Terms and Conditions and/or the Conditions of Carriage of the performing transport company or if their value exceeds the maximum permissible value for this group of goods/consignment in accordance with the General Terms and Conditions and/or the Conditions of Carriage of the performing transport company for the transport; in addition, the Conditions of Carriage of the performing transport company shall apply;
inadequately packed consignments which are not in conformity with the General Conditions of Carriage and/or the Conditions of Carriage and/or the packing guidelines of the actual transport company;
any consignment of a value greater than that specified as the maximum permissible value for transport in accordance with the General Conditions of Business and/or the Conditions of Carriage of the performing transport company;
Consignments whose contents, carriage or external design violate legal or official regulations;
Firearms, explosives, drugs, tobacco;
consignments liable to cause injury to persons or damage to property, perishable goods, live or dead animals, medical or biological examination material, medical waste, human remains, body parts or organs;
other dangerous goods, the carriage of which is subject to dangerous goods regulations, insofar as these are not authorised in accordance with the “Regulations for the Carriage of Dangerous Substances and Articles”, unless these have been handed over after consultation and on the basis of a special agreement to this effect; sec. 410 of the of the German Commercial Code (HGB) remains unaffected;
in the case of cross-border carriage: goods the import or export of which is prohibited or subject to special authorisations in accordance with the regulations of the respective countries of dispatch, transit or destination;
Consignments to natural persons or legal entities as well as legal entities under public law that are on sanctions lists or are subject to embargo measures;
goods not in compliance with intellectual property laws.
(2) If the transport service provider UPS is chosen, the shipment of alcoholic beverages of any kind is excluded from carriage. For an additional charge, an arrangement deviating from this exclusion of carriage can be made with shipcloud GmbH with regard to shipping with UPS. Shipping via the other shipping service providers offered is not affected by this regulation.

(3) In addition, exclusions going beyond these exclusion of carriage in accordance with the General Terms and Conditions and/or Conditions of Carriage of the performing transport company shall be deemed authoritative.

(4) The take-over of excluded goods does not constitute a waiver of the exclusion of carriage. shipcloud GmbH reserves the right to refuse onward carriage if it becomes aware of a exclusion of carriage after taking over the goods. In such cases, shipcloud GmbH is after exercising its own dutiful discretion entitled to dispose of the transported goods at the expense of the customer or to destroy them in order to avert risks. In addition to the cases regulated by law, the customer shall be liable for all direct or indirect damage caused by the shipment of excluded goods as well as for all consequences arising from an unauthorised cross-border parcel shipment and violations of export, import or customs regulations.

§ 19 Validity of purchased shipping labels

(1) When ordering a transport using the shipping service provider DHL within the framework of a contractual carriage relationship between shipcloud GmbH and the customer, the shipping labels (except for returns) shall be valid for ten days from their creation via the platform of shipcloud GmbH. The customer is thus obliged to transmit the consignment data (except for returns) to shipcloud GmbH for the purpose of creating the shipping labels a maximum of 10 days in advance, i.e. before delivery to / collection by DHL. In addition to the time stamp of the creation of the shipping label in the system of shipcloud GmbH, the first scan by DHL is decisive. If the customer violates this, shipcloud GmbH is entitled to assume the maximum permissible weight with regard to the parcels affected by this and to make a subsequent calculation or to invoice the shipment again.

(2) When commissioning a transport using a shipping service provider other than DHL within the framework of a contractual carriage relationship between shipcloud GmbH and the customer, the shipping labels (except for returns) shall be valid for thirty days from creation via the platform of shipcloud GmbH. The customer is thus obliged to transmit the consignment data (except for returns) to shipcloud GmbH for the purpose of creating the shipping labels a maximum of thirty days in advance, i.e. before delivery to / collection by the shipping service provider. In addition to the time stamp of the creation of the shipping label in the system of shipcloud GmbH, the first scan by the shipping service provider is decisive. If the customer violates this, shipcloud GmbH is entitled to assume the maximum permissible weight with regard to the parcels affected by this and to make a subsequent calculation or to invoice the shipment again.

(3) Shipping labels for returns are valid for one hundred and twenty days from the date of creation via the platform of shipcloud GmbH, irrespective of the shipping service provider within the framework of a contractual carriage relationship between shipcloud GmbH and the customer. The customer is thus obliged to transmit the consignment data for returns to shipcloud GmbH for the purpose of creating the shipping labels a maximum of one hundred and twenty days in advance, i.e. before delivery to / collection by the shipping service provider.

§ 20 Duties to cooperate

(1) The customer shall select the product at his own discretion. The customer shall provide all information required for the carriage, delivery and invoicing of the consignment correctly, completely and in good time. Instructions of the customer shall only be binding for shipcloud GmbH if they are given in the manner provided for depending on the product. To the extent necessary, the customer shall affix sufficient and correctly completed labels to the consignment in a clearly visible manner.

(2) The customer shall be responsible for ensuring that address labels are properly applied to the object of transport in accordance with the specifications of the selected transport company and that there is no risk of confusion between the consignments. This also includes the obligation to print the shipping labels in compliance with the minimum specifications of the transport companies for the printing quality (usually at least quality grade “B” according to ISO/IEC 15416). If the customer culpably violates this duty of care, he shall reimburse shipcloud GmbH for any resulting damage.

(3) The customer is responsible for insuring his consignment against loss, damage etc. to the best possible extent. The customer shall ensure that his consignment is ready for collection at an easily accessible location.

(4) The number, weight and dimensions of the packed consignment must correspond to the specifications given when the order was placed.

(5) Particularly heavy parcels shall be marked accordingly in accordance with the shipping service provider’s specifications.

(6) It must not be possible to draw any conclusions about the contents or the value of the goods from the outer packaging. Labelling of the packaging with the packaged goods, e.g. by means of a product illustration or a conspicuous label, is not permitted. The customer / sender may only use neutral cardboard packaging and sealing materials. However, labelling of the packaging or the adhesive tape with the company name or the logo or trademarks of the customer / sender are permitted.

(7) The consignments shall be marked in such a way that clear identification is possible, in particular the sender and recipient are clearly identifiable.

(8) By means of suitable and secure packaging, the customer shall ensure that damage to the consignment during transport is excluded and that no damage occurs to third party consignments during transport; furthermore, that access to the contents is excluded and that they are protected against loss.

(9) Sec. 410, 411 of the German Commercial Code (HGB) must be observed. If a consignment does not comply with the requirements of the above paragraph (7), shipcloud GmbH shall be entitled to refuse transport or to return a consignment already accepted to the customer or to hold it ready for return.

(10) Insofar as goods (electrical devices, e.g. smartphones) are technically equipped with a remote disconnection mechanism that renders them unusable or at least limited/difficult to use, the customer / sender shall immediately apply such a mechanism for the purpose of damage reduction and deterrence in any case of loss. In addition, the customer / sender shall take all other precautions to facilitate the identification of the goods in the event of loss and to prevent or at least impede their misuse, e.g. by blocking SIM cards, specifying serial numbers or IMEI numbers.

(11) The customer / sender shall choose a form of delivery that complies with the provisions on the protection of minors if goods are subject to corresponding specifications (e.g. a specified minimum age).

§ 21 Liability

(1) shipcloud GmbH shall be liable in accordance with the same terms and conditions on which the transport company selected by the customer and commissioned by shipcloud GmbH bases its services for the order placed. The liability conditions can be viewed on the respective website of the transport company or obtained from shipcloud GmbH. In the relationship with shipcloud GmbH, the customer recognises the conditions of the executing transport company as legally binding. Should these liability conditions not apply in individual cases, shipcloud GmbH shall be liable in the case of national carriage in accordance with Sec. 407 et seq. of the German Commercial Code (HGB); in the case of cross-border carriage by road in accordance with Articles 17 et seq. of the CMR Convention or in the case of carriage by air in accordance with the provisions of the Warsaw Convention / the Montreal Convention, excluding Article 25 of the MÜ.

(2) When shipping consignments of valuables, the limit of liability shall be raised to the declared value by the correct declaration of the value of the consignment and by payment of the surcharges levied by shipcloud GmbH for this purpose. The customer declares by omitting a declaration of value that the consignment does not exceed the basic liability.

(3)shipcloud GmbH shall be liable in the event of loss of or damage to consignments that are sent pursuant to the terms specified or in the event of other culpable breach of duty to the extent of the direct damage typical for the contract within the statutory liability limits, but shall not invoke the statutory liability limits in the event of loss, damage or culpable breach of other duties in the case of consignments that are sent pursuant to the terms specified and not excluded as prohibited goods, insofar as the damage in the case of parcel consignments does not exceed EUR 500. Liability is generally excluded for national merchandise consignment items – with the exception of liability pursuant to sec. 435 of the German Commercial Code (HGB). The customer shall bear the sole responsibility and risk for all consequences resulting from an unauthorised shipment of goods, in particular from a consignment of excluded items. In addition, the customer shall be liable for all consequences resulting from an impermissible cross-border shipment of goods, in particular from violations of export, import or customs regulations.

(4) Any liability of shipcloud GmbH for indirect damages and consequential costs (in particular losses, lost profits and expenses for replacement measures) is excluded, regardless of whether shipcloud GmbH was informed of the risk of such damages before or after take-over of the consignment. Furthermore, the statutory exclusions and limitations of liability (in particular of sec. 425 para. 2, 427, 432, sentence 2 of the German Commercial Code (HGB), Art. 17 para. 4, Art. 18 CMR) apply. Furthermore, shipcloud GmbH shall not be liable for any damage incurred in the course of checking consignments in accordance with the contract. The customer or recipient must report externally visible damage immediately upon delivery, and externally non-visible damage within seven working days of delivery of the consignment at the latest, and must describe the damage precisely. In the event of non-compliance, it shall be assumed that the damage was not present at the time of delivery. A consignment which is not delivered nationally within 20 days and internationally within 30 days after acceptance is deemed lost. Claims of the customer and the recipient become time-barred according to sec. 439 of the German Commercial Code (HGB) or, in the case of cross-border carriage, according to Art. 32 CMR. Otherwise, the statutory limitation periods shall apply.