General Terms and Conditions DPD CLASSIC

Transcription

1 1 Application 1.1 These General Terms and Conditions for apply to all contracts concluded with DPD Deutschland GmbH relating to the shipping of parcels. An exception to this is cross-border shipping of Classic parcels on behalf of business entities/commercial shippers to countries within Europe, which is subject to DPD's General Terms and Conditions for CLASSIC EUROPE AND CLASSIC SHOP. The General Terms and Conditions and General Terms and Conditions for CLASSIC EUROPE AND CLASSIC SHOP apply in the version which is valid at the relevant time. These can be viewed at Supplementary to these general terms of business for DPD CLASSIC, the shipping of parcels is subject to the applicable version of the following terms of transport relating to the relevant product, which can be accessed and viewed at Terms of transport DPD 8:30, DPD 10:00, DPD 12:00, DPD EXPRESS; Terms of transport DPD EXPRESS (airfreight); Terms of transport COD parcels; Terms of transport DPD options; Terms of transport DPD DIRECT; Terms of transport DPD MAX; Terms of transport DPD NOW and time-window-specific delivery; Special agreement on hazardous goods and hazardous goods in limited quantities (LQ) Special agreement DPD Food Express and DPD Food 12:00*; Special agreement Transport of Medicinal Products*. *Shipping information available on request from your DPD dispatch depot. 2 Exercise of the right to give instructions/right of disposition 2.1 The consignor and DPD agree that contrary to 418 Section 2 HGB, if the options which DPD offers the con-signee in relation to specifying the place and/or recipient as well as the time of delivery are taken advantage of, the right to give instructions and the right of disposition with regard to the parcel are transferred to the consignee even before the first delivery attempt is made. 2.2 This will not affect the possibility which the consignor has to correct address errors. However, such corrections need only be taken into consideration by DPD if they can be taken into account before delivery is made to the consignee. 3 The parcel Parcels with the following weights and dimensions are accepted for shipment: max. weight: 31.5 kg max. length: 175 cm max. circumference * + length: 300 cm *circumference (2 x height + 2 x width) + length. 4 Packaging 4.1 The consignor is solely responsible for ensuring adequate interior and exterior packaging. Transport requires packaging of a kind that will sufficiently protect the contents from the stresses caused by automatic sorting equipment and mechanical handling (falling from approx. 80 cm on an edge, corner or side), as well as varying climatic conditions where applicable. It must not be possible to gain access to the contents of the parcel without leaving a trace. The consignor is responsible for checking that any commercial/sales packaging meets these requirements. 4.2 It is not possible to take into account any text printed on the packaging such as 'Glass with care' or 'This side up'. Such instructions do not release the consignor from responsibility for using transport packaging which meets the requirements of Section Articles excluded from shipment 5.1 The following are excluded from shipment as DPD CLASSIC: All parcels which do not meet the specifications described in Section 3 and the requirements of Section 4; Money; securities; credit, bank or debit cards; telephone cards or similar certificates of value; Precious metals, jewellery, precious stones, genuine pearls, furs, carpets, watches, antiques, works of art, vouchers and admission tickets with a value of more than per parcel; Other goods with a value which is higher than 13, ; Parcels whose contents, external appearance or shipment are against the law; Firearms and parts of firearms as defined by German firearms legislation; Parcels with the potential to cause damage to persons or goods; living or dead animals; material for medical or biological examination; medical waste; human or animal remains, body parts or organs; Perishable goods, particularly perishable foodstuffs, unless such foodstuffs are submitted for shipment under the terms of a special agreement; Hazardous goods and hazardous goods in limited quantities, unless they are submitted for shipment under the terms of a special agreement; Medicaments, unless they are submitted for shipment under the terms of a special agreement; Shipments where the freight costs or goods value are to be collected on delivery, unless the latter have been submitted for shipment under the terms of a special agreement; In the case of international shipments, goods whose import or export is forbidden or requires special permission in accordance with the regulations of the respective country of dispatch, transit or destination, as well as goods whose transport is excluded in accordance with the terms of transport applied by the DPD partners in the relevant countries; All parcels whose consignees are listed in the applicable version of the appendices to EU anti-terror directives 2580/2001 and 881/2002 or other sanctions registers in their applicable version; Shipping within the country and internationally of hazardous and non-hazardous waste as defined by Germany's recycling legislation. 11/2018 Page 1 of 5

2 All goods which are radiation-sensitive and could be damaged by screening, in particular by x-rays, in the course of security checks in accordance with Section If a parcel contains both goods which are subject to exclusion from transport and goods which are not subject to such exclusion, the parcel as a whole will be subject to exclusion from transport. 5.3 DPD is under no obligation to check whether a parcel contains articles which are excluded from shipment. Before submitting shipments for transport the consignor has the obligation to check and to indicate to DPD if parcels contain goods which are excluded from transport under the terms of Sections 5.1 and 5.2. In cases of doubt the consignor should inform DPD and ask for a decision on the case. If the consignor does not provide DPD with any notification, this will count as a declaration that the parcel does not contain goods which are subject to exclusion. 5.4 The acceptance for shipment of goods excluded under Sections 5.1 and 5.2 does not represent a waiver of the above exclusion from shipment. 5.5 Without prejudice to the provisions of Section 6.3, DPD will be entitled to refuse onward transport if, after acceptance of the goods, DPD learns of a reason for exclusion or if there is justifiable reason to assume that the parcel is excluded from shipment in accordance with Sections 5.1 and 5.2. DPD will inform the consignor of this. The consignor will be obliged to collect the parcel from DPD without delay and at his own expense. If the consignor does not collect the goods within three working days, Sections 14.4 and 14.5 will apply. 5.6 In addition to any statutory liability, the consignor will be liable for any direct or indirect damage which arises from the shipment of goods which are excluded under Sections 5.1 and 5.2, and/or in cases where notification in accordance with Section 5.3 has not been provided. Sentence 1 above will not apply if the consignor is a consumer within the meaning of 13 BGB. In this case only the statutory regulations will apply. 5.7 In the event of a breach of the terms of exclusion outlined in Sections 5.1 and 5.2 or the terms of notification described in Section 5.3, any liability for loss or damage on the part of DPD in accordance with Section 12.3 will be excluded. 6 Security checks 6.1 DPD will have the right but not the obligation to carry out security checks on the parcels which are submitted for shipping by the consignor, in order to check whether their contents are covered by the exclusions from shipment which are outlined in Section 5.1 and 5.2. The security checks will be implemented by screening, in particular using x-rays or, if there is reason to believe that the contents of a specific parcel are subject to exclusion from shipment, by opening the parcel. The consignor expressly consents to such security checks on shipments. The time involved in security checks may extend the standard delivery time. In all cases where a security check is implemented, a notice to this effect will be applied to the parcel. 6.2 If a security check which involves opening the parcel indicates that the contents are not excluded from shipment, the parcel will be closed again and forwarded as planned. 6.3 If a security check reveals that the contents of the parcel are subject to exclusion from shipment, DPD will have the right to refuse onward transport. DPD will inform the consignor of this. The consignor will be obliged to collect the parcel from DPD without delay and at his own expense. If the consignor does not collect the goods within three working days, Sections 14.4 and 14.5 will apply. If the contents of the parcel indicate a criminal offence, DPD will have the right to inform the authorities about this. 6.4 DPD is not liable for direct or consequential damage which is caused to a parcel as a result of security checks in accordance with Section 6, unless such damage is caused by wilful intent or gross negligence. Unless specified otherwise in Sentence 1, the provisions of Sections 12.1 to 12.4 and Section 13 will apply. 6.5 If a security check reveals that the consignor has submitted for shipment goods which are subject to exclusion from shipment, the consignor will be liable to compensate DPD for any damage which results. 7 Scope of services 7.1 The services cover the following Arranging for transport by carriers, together with taking delivery, sorting, and delivering parcels to the consignee; Taking delivery of parcels (incl. returns) in the form of collection from the shipper, collection from a facility which is automated and approved by DPD for the pickup and delivery of parcels (a "parcel box" located at the address of the consignor/consignee or a "parcel station" in a public location); acceptance at a Pickup parcelshop Delivery against confirmation of receipt, with the effect of fulfilling the shipping obligation, to any person found present at the consignee's business or private address who is willing to take delivery of the shipment, unless there is good reason to doubt such a person s entitlement to take delivery. There is no obligation on DPD to check the identity of such a person (e.g. on the basis of an identity card) If the consignee is not located, a second and, if necessary, a third attempt to deliver will be made. In the case of international deliveries the number of delivery attempts in the country of destination may vary The return to the consignor of any parcels which cannot be delivered or are rejected by the consignee. 7.2 After the first unsuccessful attempt to deliver a parcel to the consignee DPD will have the right to deliver it to a neighbour in the same building who is ready to take delivery, and if no such neighbour exists or is available in the same building, to a neighbour in a nearby building (which however should not be further away than 50 m), or to deliver the parcel to the nearest Pickup parcelshop. Alternatively DPD will have the right to deliver parcels to a parcel station, regardless of whether or not the consignee is registered as a user of parcel stations. However, the alternative delivery options described above will not apply if the consignor or the consignee has issued written 11/2018 Page 2 of 5

3 instructions prohibiting such deliveries. In the case of delivery to a Pickup parcelshop or a parcel station the parcel will be held available for seven calendar days for pickup by the consignee or - in the case of a Pickup parcelshop - a person with written authorisation from the consignee. If the parcel is not picked up within the designated period it will be returned to the consignor. In all cases of alternative delivery the consignee must be informed about this, indicating the name and address of the relevant neighbour, the Pickup parcelshop or the location of the parcel station. 7.3 Delivery in accordance with Section will also be regarded as having been implemented if, in accordance with written or digital instructions ("authorisation to deposit") issued by the consignor or the consignee, the parcel has been deposited in the indicated location at the consignee address; issued by the consignor or the consignee, a small-format parcel has been placed in the consignee's home letterbox which is accessible and large enough to accommodate the parcel; issued by the consignee, the parcel has been placed in a parcel box or a parcel station as specified in Parcels deposited at a parcel station and not collected within the period indicated in 7.2 will be returned to the consignor. 7.4 Declarations of value or interest in accordance with CMR or the Warsaw Convention/Montreal Convention will not apply. 8 Delivery times, pickup No delivery times are agreed. Standard delivery times are not binding and are not to be regarded as firmly specified delivery times. If parcels are collected from the consignor, no binding pickup times are agreed. 9 Payment for services 9.1 Where nothing has been agreed to the contrary, payment for services will be in accordance with DPD s current price list. The prices which are valid on the day the shipment order is placed will apply. 9.2 If incorrect or incomplete information provided by the shipper (parcel specifications in accordance with Section 3 and information about services and/or supplementary options) on the basis of which DPD calculates the shipping charge - leads to the invoicing of an insufficient shipping charge, DPD will be entitled to make a follow-up charge for the difference. 9.3 The costs related to import/export shipments (e.g. customs duties and import charges) are invoiced to the consignee in the country of destination. This is without prejudice to the liability of the consignor towards DPD for the payment of such costs. 9.4 If services, costs or other charges are to be paid by or are caused by a consignee in another country, the consignor will be liable for these if the consignee in the other country fails to pay them on first demand. 10 Obligations of the consignor 10.1 The consignor is responsible for ensuring that addresses and transport documentation are free from error and correctly attached. P.O. Box addresses or addressing to an automated facility not approved by DPD for taking delivery of packages are not accepted The consignor has the obligation to provide DPD with advance notification of all information which is required for transport, as well as for the performance of specific supplementary services. He is responsible for ensuring that information which is relevant to invoicing is made available to DPD correctly on the parcel label and/or in the advance notification data The consignor must exclusively transmit the advance notification data electronically and on the day of shipping before the parcels are collected by DPD, or at the latest before the documented acceptance of the parcels for shipping at the DPD location If the consignor does not provide the advance notification data in good time, individual service commitments provided by DPD may no longer be valid. This applies in particular to any delivery times which may have been agreed The same applies if advance notification data relating to the services to be provided by DPD is inadequate or incorrect and/or does not meet the applicable specifications (e.g. consignee data which is missing or cannot be checked, data formats other than those agreed, syntax errors or missing information required for specific services) In the event of failure by the consignor to fulfil the above obligations, DPD will have the right to invoice the consignor in accordance with the DPD price list for any additional work which becomes necessary as a result When dutiable goods are shipped the consignor is responsible for ensuring that all the documentation which is needed for customs clearance is attached to the parcel in an external document envelope The consignor bears the responsibility for any incorrect addresses and/or other inaccurate information which have/has been provided by the ordering party/consignee and passed on to DPD for the implementation of its transport services Consignors who operate an online shop for the sale of goods have the obligation during the ordering process to check the master data registered by the ordering party/consignee, together with the relevant contact data. Such checks must be made in accordance with up-to-date IT security procedures It is the sole responsibility of the consignor to make sure that the obligations in accordance with and/or 10.4 have been fulfilled and/or that no incorrect, misleading or inadequate information relating to the transport of shipments is transmitted to DPD. DPD accepts no liability for any damage which results from the fact that incorrect or incomplete information has been provided to DPD. This will not be the case if mandatory statutory regulations stipulate otherwise and/or DPD has culpably violated its contractual obligations, with the result that parcels are delivered to unauthorised third parties. 11/2018 Page 3 of 5

4 11 Declaration of value 11.1 Without prejudice to the provisions of Sections 5.1.3, and Section 7.4 the consignor must indicate the value of the parcel if this is higher than Parcels with a declared value which are covered by DPD higher insurance receive special treatment from DPD. The higher insurance is arranged in accordance with Sections 13.2 and Under the provisions of Section 11.1 DPD is liable up to the amount of the declared higher value as covered by higher insurance If the consignor does not declare the value of a parcel this represents a declaration that this value is not higher than In this case any compensation in accordance with Sections 12 and 13 is limited to per parcel. 12 Liability 12.1 Except for cases of intent or negligence where action has been taken in full awareness of the fact that damage will probably ensue, DPD is liable as follows, regardless of Sections 11.2 and 11.3, from the time the goods are accepted for shipment until their delivery to the consignee: For loss and damage to the goods during domestic shipping within Germany in accordance with the provisions of the German Commercial Code; For loss and damage to the goods during international shipping, in accordance with the CMR regulations for road transport and with the Warsaw Convention/Montreal Convention for transport by air; 12.2 Any liability for consequential damage in relation to the goods is excluded. However, Sentence 1 above will not apply if the consignor is a consumer within the meaning of 13 BGB and if the consequential damage to the goods is due to an action or omission implemented by the carrier or other party designated in 428 HGB with criminal intent or negligence, and in the awareness that damage is likely to be the result Liability is, in addition to the legally regulated cases, excluded if the parcel is prohibited from shipment in accordance with Section 5.1 and 5.2, and the consignor fails to inform DPD in accordance with Section 5.3 that the goods are excluded from transport, and if it was not clearly recognisable by DPD that the shipment was subject to exclusion Claims with regard to loss, damage or delay cannot be assigned. 13 Insurance 13.1 To the extent that DPD is liable in accordance with Section 12 each parcel is covered by insurance to the benefit of the consignor. If the amount of the liability is insufficient to provide compensation for the damage to the goods the insurance cover will make up the difference between the amount of liability and the damage to the goods. The overall compensation provided by liability and insurance cover is limited to max per parcel It is possible, at a higher premium to be paid by the consignor, to arrange insurance of up to 13, per parcel. This option is not available at Pickup parcelshops or in online shipping At the consignor s discretion the higher insurance can, for shipments within Europe, be arranged for the whole parcel volume, for part of this volume or for individual parcels. This must be arranged when the contract of shipment is concluded or at the latest when the parcels are accepted for shipment. For parcels shipped to countries outside of Europe such higher insurance must be agreed in each case with DPD The consignor is the only beneficiary of DPD insurance cover in accordance with Section 13. Any claims in accordance with Section 13 cannot be assigned to third parties Insurance cover which goes beyond liability in accordance with Section 12 is not available for parcels which are covered by another insurance policy. This also applies to cases in which the cover under the other insurance policy is not sufficient to cover the damage or loss to the goods. 14 Opening, returning, making use of and destroying parcels Under the following preconditions DPD has the right to open, return, make use of or destroy parcels DPD has the right to open parcels under the following circumstances: To salvage the contents of a damaged parcel; To identify the consignee or consignor, if this cannot be established by other means; To eliminate any risks which might be caused to persons or property by a parcel; To check if the parcel contains perishable goods; the condition of the goods requires immediate use; the value of the goods does not justify the cost of storing them, if there is an indication that it does; To comply with a statutory regulation or a directive from the authorities If obstacles to delivery cannot be overcome DPD has the right to return a parcel to the consignor on the following conditions: For shipments within Germany immediately, without first obtaining instructions from the consignor; For international shipments without customs clearance if the consignor does not respond within 7 calendar days to a request for further instructions; For international shipments with customs clearance after 14 calendar days, if clearance is not possible because of lack of instructions and/or other reasons If obstacles to delivery cannot be overcome DPD has the right to make use of the goods on the following conditions: If the consignor does not respond to a request from DPD for further instructions: within 7 calendar days for shipments within Germany; within 7 calendar days for international shipments without customs clearance; within 14 calendar days for international shipments with customs clearance; If DPD is unable to obtain instructions because the consignor or consignee cannot be identified. It can be 11/2018 Page 4 of 5

5 assumed that the consignor or consignee is unidentifiable if this proves impossible within 90 calendar days Without obtaining prior instructions from the consignor if the goods are perishable; the condition of the goods justifies such action; the value of the goods does not justify the cost of storing them; the goods represent a danger to persons or property; this is required by an official directive If the conditions outlined in Section 14.3 apply, DPD will have the right to destroy the goods if it is not possible to make use of them and if their destruction will not conflict with any interests of the consignor of which DPD should be aware. Goods are classed as impossible to make use of, if it is impossible to sell them The consignor is responsible for reimbursing DPD for all costs and expenditure which DPD incurs as a result of opening and/or making use of and/or destroying and/or returning parcels from abroad. However, Sentence 1 above will not apply if the consignor is a consumer within the meaning of 13 BGB, unless he/she is responsible for the costs and expenditure which are incurred. 15 Set-off / right of retention The consignor is not entitled to set off his/her own claims or to assert any right of retention against claims asserted by DPD arising from the forwarding contract and any related, non-contractual claims. The above will not apply in cases where the applicable counterclaim is undisputed or has been recognised by a court of law. 16 Divergent agreements Divergent agreements will only be valid if implemented in text form, unless stipulated otherwise by mandatory statutory regulations. 17 Place of fulfilment, jurisdiction, unforeseen contingency, applicable law, partial invalidity 17.1 The place of fulfilment and of jurisdiction in the case of commercial consignors is the location of the particular branch of DPD with which the shipping order is placed. If the consignor is a private consumer the statutory regulations of the country of residence will apply Any contingencies which are not foreseen by these general terms of business are, on the basis of the applicable legal system, to be covered by whatever provision comes closest in sense and purpose to meeting such a contingency The applicable law will be that of the country in which, in accordance with Section 17.1, the place of fulfilment and jurisdiction is located. International shipments will be subject to any provisions of the CMR or the Warsaw Convention/Montreal Convention which apply The invalidity of individual provisions of these general terms of business will not prejudice the validity of the remaining provisions. 18 Notice in accordance with the legislation on the settlement of consumer disputes (VSBG) The European Union has made available a platform for the online resolution of disputes relating to consumer affairs. This can be found at DPD does not participate in a dispute settlement process before a consumer arbitration service. 19 Right of withdrawal for consumers The following provisions relating to distance contracts apply to consumers who have concluded a forwarding contract online: Right of withdrawal You have the right to withdraw from this contract within fourteen days, without stating the reason for this. The withdrawal period is fourteen days from the date of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (DPD Deutschland GmbH, SalesServiceCenter, Gutenstetter Straße 8b, Nürnberg, by to versenden@dpd.de, Tel.: or Fax: ) by means of a clear statement (e.g. by a letter sent by post or ) about your decision to withdraw from this contract. You can use the sample withdrawal form ( but this is not essential. You can also fill out and submit the sample withdrawal form or another clear statement on our website ( If you choose to use this option, we will immediately send you confirmation (e.g. by ) that we have received your notice of withdrawal. In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we will refund all payments we have received from you, including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. The repayment will be made using the same payment method that you used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. If you required the services to begin during the period prior to withdrawal, you will have to pay an appropriate amount corresponding to the services already provided up to the date on which you notified us that you were exercising your right to withdraw from this agreement, in proportion to the total scope of services provided for in the contract. 11/2018 Page 5 of 5