Please note: The German version of these Terms and Conditions is the legally binding text. This English translation is provided for information and reader convenience only. In case of any discrepancy or dispute, only the German original applies.
General Terms and Conditions
of Simplelogistik GmbH — hereinafter referred to as Simplelogistik —
(Version: October 2019)
1.1
These General Terms and Conditions apply to all carriage contracts concluded with Simplelogistik covering national and cross-border road freight transport, transhipment and storage of shipment goods, unless mandatory statutory provisions of the German Commercial Code (HGB), the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Montreal Convention (MC) or the Warsaw Convention (WA) conflict with these conditions.
1.2
Deviating General Terms and Conditions of principals which Simplelogistik does not expressly acknowledge in writing shall not be binding on Simplelogistik, even if Simplelogistik does not expressly object to them again.
2.1
The scope of services of the order is determined by the data submitted electronically by the principal, subject to review by Simplelogistik.
2.2
Execution of the contract is performed by Simplelogistik itself or by a subcontractor engaged by Simplelogistik.
3.1
Simplelogistik carries out national and cross-border road freight transport of parcels and other shipment goods in groupage traffic. At the principal's request Simplelogistik issues a receipt confirmation. In the receipt confirmation Simplelogistik only confirms the number and type of packages taken over, not their content, value or weight.
3.2
Following electronic order placement by the principal, the earliest pick-up of the shipment at the sender is one (1) working day after receipt of the order at Simplelogistik. Where separately commissioned, Simplelogistik will announce the pick-up in good time. If pick-up or delivery of the shipment cannot take place because sender or consignee is not present, the principal shall bear the costs of the abortive run.
3.3
Delivery of parcels by Simplelogistik generally takes place within 1–2 working days, and of other groupage goods within 1–3 working days, from pick-up at the sender, with discharging effect to any person willing to accept delivery who is found in the proper consignee's area of custody (business/household etc.), unless there is reasonable doubt about their authority to receive. Further verification of the receiving authority by Simplelogistik is not required.
Delivery also takes place where the principal or consignee instructs alternative delivery to a person other than the originally named consignee. To this end the principal/consignee may issue alternative instructions to Simplelogistik using a message form available at FORM, which must be clearly displayed at the place of delivery. Discharging delivery also occurs if the principal chooses delivery to a parcel shop / parcel station etc.
3.4
For groupage shipments only, the principal may, for an additional fee, request a telephone appointment announcement for delivery to the consignee.
3.5
To shorten the standard transit times in section 3.3, transports whose road distance between pick-up and delivery address is less than 600 km may be booked as the Express product. The shipment is then delivered on the working day following pick-up. Additional costs are shown in the price table at [PRICE LIST].
3.6
The principal may send parcels and shipments by cash on delivery. The COD amount is capped at €1,500.00 per individual parcel and per shipment.
3.7
As proof of delivery, Simplelogistik obtains from the consignee a receipt confirmation for the packages named in the order or in the accompanying documents, signed on a hand scanner or document. Digital signatures also serve as proof of delivery. If the consignee refuses to issue the receipt confirmation, Simplelogistik shall obtain instructions; if no instructions are issued or if they cannot be obtained, Simplelogistik is entitled to return the shipment.
3.8
Where shipment goods are handed over on loading equipment (pallet, mesh box etc.), Simplelogistik is not obliged to exchange these for empty pallets, mesh boxes etc. at the consignee. There is no obligation on the part of Simplelogistik to return them unless separately agreed.
4.1
In connection with a transport order, the principal may commission Simplelogistik to store the shipment. Storage takes place in suitable in-house or third-party warehouses.
4.2
Simplelogistik decides on the choice of storage location. On request Simplelogistik will inform the principal of the storage location. The principal may inspect the goods after giving reasonable prior notice.
4.3
Simplelogistik draws up a warehouse list of the stored goods and updates it upon storage or release of (additional) goods. The list contains the number, weight and type of the goods. Upon storage, the principal receives the warehouse list and must confirm completeness of the goods with their signature.
The following maximum dimensions apply to items transported and stored:
Parcels 250 × 100 × 200 cm (length × width × height)
Groupage 240 × 120 × 200 cm (length × width × height)
Maximum girth (longest side + 2 × width + 2 × height)
Parcels 300 cm
Groupage 780 cm
5.1
Customs handling is exclusively the principal's obligation. In the event of an import and/or export requiring authorisation, Simplelogistik assumes no obligations for customs declaration, customs handling, completion of the import and/or export etc. All costs are borne by the principal.
5.2
The principal is obliged to attach all documents required for customs handling on the outside of the shipment in a document pouch.
5.3
Should Simplelogistik nevertheless be held liable by third parties (including customs authorities), the principal — insofar as they are an entrepreneur within the meaning of § 14 BGB — hereby indemnifies Simplelogistik from all costs, fees, taxes and duties etc. immediately upon first demand.
5.4
Where taxes, fees, charges, duties, customs penalties or storage costs are levied by authorities, or where Simplelogistik is required to pay such costs on behalf of the sender, consignee or third parties, and Simplelogistik is unable to collect this amount on first demand from the person concerned, the sender shall pay the amount upon Simplelogistik's request, unless the financial expenditure was not necessary and is not attributable to fault of the sender. This also applies if the consignee or, in the case of billing to third parties, that third party does not pay the amounts due.
6.1
The principal is obliged to hand over the shipment to Simplelogistik ready for dispatch. In doing so, the principal bears sole responsibility for packaging that is suitable for transport and storage. The principal must pack the goods on transport-capable loading equipment (euro pallets).
6.2
Notes on the packaging requiring special handling of the goods are not binding on Simplelogistik and do not release the principal from the obligation to provide packaging that is safe for transport and suitable for storage.
6.3
Simplelogistik is not obliged to check the packaging. Simplelogistik may, however, refuse acceptance of a shipment if it is obviously not packed safely for transport. Likewise, Simplelogistik may refuse storage of the shipment if its packaging does not appear suitable for storage.
6.4
Simplelogistik is released from liability to the extent that loss, damage or exceedance of the delivery period is attributable to inadequate packaging and marking by the sender. Statutory exclusions of liability (e.g. §§ 426, 427 HGB, Art. 17 CMR) apply.
7.1
The principal is obliged to address the shipment to the proper consignee and to provide it with all transport documents. Old markings, addresses and parcel labels must be removed by the principal before handing over the shipment for transport.
7.2
If the principal fails to comply with the obligations from section 7.1, Simplelogistik is entitled to store, secure and return the shipment. Simplelogistik is entitled to invoice the resulting expense to the principal.
8.1
The following shipment goods are excluded from transport and storage by Simplelogistik:
– Shipments with a value exceeding €15,000.00
– Money, securities, monetary documents (cheques, securities, bills of exchange, savings books), credit cards, prepaid and telephone cards
– Precious metals, jewellery, watches, real pearls, gemstones, furs, works of art, antiques
– Perishable goods, live animals, human and animal remains, organs and body parts, urns
– Weapons within the meaning of the German Weapons Act, ammunition and weapons or weapon components that infringe legal provisions of the country of origin or destination
– Dangerous goods, waste within the meaning of the KrWG, and any shipments containing oil, petrol or lubricants
– Any goods that infringe the import regulations of the destination country, embargo lists or the anti-terrorism regulations EC Reg. 2580/2001 and 881/2002
– Any goods which themselves or the transport of which infringe a statutory or official prohibition.
8.2
Simplelogistik is not obliged to check shipments. The principal is obliged to inform Simplelogistik about the content of the shipment if it contains goods subject to a transport exclusion under section 8.1. If the principal fails to notify Simplelogistik of the shipment content, Simplelogistik assumes that no goods falling under section 8.1 have been handed over for transport and storage.
Simplelogistik is not obliged to check shipments for the existence of transport exclusions under the above section. However, on suspicion of such exclusions, Simplelogistik is entitled to open and inspect the shipments.
8.3
Simplelogistik is entitled to refuse acceptance, onward transport or storage of the shipment if Simplelogistik has actual knowledge or reasonable doubt that the shipment contains goods falling under section 8.1.
Actual acceptance for transport and/or storage by Simplelogistik does not constitute consent or subsequent approval for the transport and/or storage of goods under section 8.1.
8.4
The principal is responsible to Simplelogistik and to third parties for all damage arising from the transport of goods within the meaning of section 8.1 above. The principal shall bear all costs incurred from the contract-breaching order pursuant to section 8.1 of these T&Cs, as well as reimbursement for reasonable measures Simplelogistik must take to avert and eliminate the contract-breaching situation and any resulting hazards. This includes all costs for securing, storage, return transport, disposal and other additional costs, duties and taxes. The principal reserves the right to prove that a lesser damage has occurred.
Delivery times are not agreed as binding. Standard transit times stated are non-binding and do not constitute fixed delivery dates.
10.1
The principal may book time slots for the storage of their goods in accordance with the time schedule [link]; the minimum storage period is one month.
10.2
The principal may terminate the storage order in writing with a notice period of 10 working days via the online form. The retrieval date must also be stated there. Before retrieval of the goods, all remuneration owed to Simplelogistik must be settled.
11.1 Right of withdrawal
If the principal is a consumer, they have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise the right of withdrawal, the principal must inform
Simplelogistik GmbH, 71636 Ludwigsburg
Fax: 0049 (0) 7141 1459152
Tel: 0049 (0) 7141 2589946 *
E-mail: info (a) simplelogistik.de
by means of a clear declaration (e.g. a letter sent by post, fax or email) of their decision to withdraw from this contract. The attached model withdrawal form may be used for this purpose but is not mandatory.
To meet the withdrawal deadline, it is sufficient for the notice regarding the exercise of the right of withdrawal to be sent before the withdrawal period expires.
11.2 Consequences of withdrawal
If this contract is withdrawn, Simplelogistik shall reimburse all payments already made by the principal without undue delay, and at the latest within fourteen days from the day on which the notice of withdrawal from this contract is received. Simplelogistik will use the same means of payment for this reimbursement as the principal used for the original transaction, unless expressly agreed otherwise.
If the principal has requested that the transport service should commence during the withdrawal period, the principal shall pay a reasonable amount corresponding to the proportion of services already provided up to the time at which the principal informs Simplelogistik of the exercise of the right of withdrawal, compared to the total scope of services provided for in the contract.
11.3 Model withdrawal form
If the contract is to be withdrawn, the principal shall complete and return the following form to Simplelogistik:
To
Simplelogistik GmbH, 71636 Ludwigsburg
Fax: 0049 (0) 7141 1459152
E-mail: info (a) simplelogistik.de
„— I/we (*) hereby withdraw from the contract concluded by me/us (*) for the transport service for the following shipments (*) — Ordered on (*)/received on (*) — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only for notice on paper) — Date"
12.1
For national transports, the fees and charges according to Simplelogistik's price table in force from time to time apply. This can be viewed at [PRICE LIST]. For cross-border transports, the prices and fees stated in the shipping calculator at any given time apply.
12.2
For storage charges, the prices in force from time to time in accordance with the tiered price list [PRICE LIST] apply.
12.3
Remuneration is calculated on the basis of the actual total gross weight or the volumetric weight of the shipment, whichever is higher. The freight/storage charge is due immediately upon order receipt. The storer is obliged to pay the storage fee in advance for the booked period. In the event of late payment, the statutory provisions of §§ 284 ff. BGB apply.
12.4
Payment of the freight price may be made by credit card, direct debit, PayPal, Wero or Sofortüberweisung, and, where ordered by an entrepreneur (§ 14 BGB), also by SEPA direct debit. Simplelogistik accepts credit cards from VISA, MasterCard and American Express. The principal shall be liable, in the event of fault, for any additional costs arising from the use of credit cards, PayPal or returned direct debits.
In the case of credit-card payment, the purchase price is debited by Simplelogistik after receipt of the order.
In the case of SEPA direct debit, payment is debited at the earliest on the next bank working day following receipt of the order. A bank working day may under certain circumstances also be a public holiday. Cancellation of the SEPA mandate by the account holder before debit must be communicated to Simplelogistik immediately. Costs arising in connection with invalid mandates for which the principal or the account holder is at fault shall be borne by the principal and the account holder.
12.5
If the principal participates in the direct-debit procedure, Simplelogistik shall charge the costs incurred by returned direct debits.
Set-off against claims arising from the transport contract and related non-contractual claims is only permissible with claims that have been legally established or are undisputed. The defence of the unfulfilled contract (retention rights from the same contractual relationship) remains unaffected.
Simplelogistik's liability, and that of its employees and vicarious agents, for all damages arising to the principal from or in connection with the services provided by Simplelogistik shall be governed by the German statutory provisions in terms of grounds and amount of liability, unless otherwise agreed below and unless mandatory statutory provisions conflict.
14.1
Liability for cross-border road freight transport is governed by the mandatory provisions of the CMR.
14.2
Simplelogistik is liable for cargo damage arising from forwarding and freight orders from take-over to delivery of the shipment with 8.33 SDR per kilogram of gross weight of the shipment (§ 431 HGB; Art. 23 CMR).
14.3
Liability for exceeding delivery periods for these transports is limited to three times the freight for national freight transport (§ 431(3) HGB) and to once the freight for cross-border freight transport (Art. 23(5) CMR).
14.4
If only individual packages or parts of the shipment have been lost or damaged, the maximum liability amount is calculated on the gross weight
14.5 Liability during storage
14.5.1
Simplelogistik is liable for damage arising from loss of or damage to the goods during the period from take-over for storage until delivery, unless the damage could not have been averted through the diligence of a proper merchant.
Simplelogistik's liability for cargo damage is limited to €5,000.00 per damage case and €10,000.00 per damage event.
14.5.2
The above liability limitations do not apply if the principal makes a written value declaration in accordance with section 14.2 below prior to storage. In that case, the stated value of the goods is deemed agreed as the maximum liability limit. The principal shall then insure the goods in accordance with section 16 below.
14.5.3
If the warehouse keeper has to pay compensation for total or partial loss of the goods, the current value shall be replaced.
14.5.4
In the event of damage to the goods, the difference between the value of the undamaged goods at the place and time of take-over for storage and the value the damaged goods would have had at the place and time of take-over shall be replaced. It is presumed that the costs to be incurred for damage mitigation and rectification correspond to the difference amount to be determined under sentence 1.
14.5.5
Simplelogistik shall replace pecuniary damages arising as a consequence of loss of or damage to the goods, as a result of misdelivery or delayed delivery, or as a result of incorrect advice, as well as other pecuniary damages, insofar as gross negligence or intent can be reproached to Simplelogistik in relation to the damage.
14.6
The above exemptions and limitations of liability do not apply if the damage was caused by an act or omission of Simplelogistik, its legal representatives or vicarious agents intentionally or recklessly and with the knowledge that damage would probably occur, nor if Simplelogistik has fraudulently concealed the damage.
14.7
The principal's liability is governed by the statutory provisions.
15.1
A value or interest declaration for the shipment in accordance with the provisions of Art. 25 and 26 CMR is not possible.
15.2
Where the value of the delivered shipment exceeds an amount of €500.00, the principal must declare the value of the goods to Simplelogistik.
16.1
The principal has the option to insure shipments and stored goods by taking out separate value-replacement insurance.
16.2
Insurance cover can be taken out up to a goods value of €15,000 per shipment. The premium is 0.5% of the goods value stated by the principal, which Simplelogistik invoices together with the freight and/or storage-charge invoice. If a shipment with a goods value exceeding €15,000.00 is to be insured, the principal may request insurance separately from Simplelogistik.
16.3
Value-replacement insurance pursuant to section 16.2 exists exclusively in favour of the principal and cannot be assigned to third parties.
For the notification of a claim, the statutory provisions (cf. § 438 HGB; Art. 30 CMR) apply.
18.1 Place of performance / jurisdiction
The place of performance and jurisdiction for merchants is Cologne, unless mandatory statutory provisions take precedence. If the principal is a consumer, they may choose Cologne or the statutory place of jurisdiction for actions against Simplelogistik.
18.2 Applicable law
The law of the Federal Republic of Germany applies.
18.3 Severability clause
Should any provision of these General Terms and Conditions be or become invalid or inapplicable in an individual case, this shall not affect the validity of the remaining provisions.
18.4 Data protection
Simplelogistik is entitled to process, modify and store, and have processed and stored by third parties commissioned by Simplelogistik, the personal data received about the principal in connection with the business relationship — including data originating from third parties — for the specified purposes within the meaning of the German Federal Data Protection Act.
General duty of information pursuant to § 36 Consumer Dispute Resolution Act (VSBG): Simplelogistik does not participate in a dispute resolution procedure within the meaning of the VSBG.