General Terms and Conditions

1.Applicability of the General Terms and Conditions

These general terms and conditions (GTC) apply to all contracts between Cargoboard GmbH & Co. KG (hereinafter referred to as ‘we’ or ‘us’) and the client for national and international transport services – including any additional insurance services agreed upon. The validity is independent of how the contract is concluded.

Deviating terms and conditions of the client do not apply – even if we do not expressly object to them.

These GTC apply exclusively to entrepreneurs as per § 14 of the German Civil Code (BGB), provided that their place of business is not in Austria. We do not offer services to private individuals (consumers). For companies based in Austria, the General Terms and Conditions of Cargoboard Austria GmbH apply.

We provide transport services using carefully selected freight forwarding companies. Clients can choose between different pricing models:

• Cargoboard pricing: In this case, we select the freight forwarding company and our general terms and conditions apply.
• Own selection of a freight forwarder for parcel shipping: If the client selects a freight forwarding company themselves, their own terms and conditions of business and transport take precedence. The client receives these terms and conditions upon conclusion of the contract. In the event of contradictions between our terms and conditions and those of the selected company, the terms and conditions of the selected company apply. In all other cases, these supplement the transport contract.

2. Conclusion of contract

2.1 Orders can be placed using our form on the website, via API interface or by email.

2.2 To place an order, the client must provide the following information:

• Company name
• Company headquarters
• VAT ID (optional)
• Contact person
• Pickup address
• Destination address
• Shipping date
• Description of the goods to be shipped (including weight and volume)

2.3 We will confirm the order by email within one hour.

3. Cancellation

3.1 Bookings can be canceled free of charge up to 24 hours before the start of the day of the order execution. We are also entitled to this right of cancellation within the same timeframe. The cancellation can be made via email. Cancellations of transport bookings must be addressed exclusively to us by the client.

3.2 If the client cancels the order without adhering to the notice period specified in section 3.1, we are entitled to charge a cancellation fee of up to 75% of the freight cost, but no more than €800,00 net.

For shipments transported via groupage services (under 3,000 kg total weight and less than 2.4 loading meters), we charge a cancellation fee of up to 33% of the freight cost.

The client has the right to prove that we have incurred no or less damage. We are also entitled to claim higher damages if we can provide appropriate evidence.

3.3 We reserve the right to cancel an order if:

• the client has provided inaccurate information about their solvency,
• the information required in accordance with section 2.2 has not been provided or has been provided incompletely, or incorrect information has been provided

the execution of the order would violate legal or official regulations, for example because persons or companies involved are on a sanctions or terrorist list.

4. Dangerous goods

4.1 The following dangerous goods are excluded from transport:

4.2 The shipment of dangerous goods – regardless of whether they fall under section 4.1 – is completely prohibited to and from the following countries and regions:

• any islands
• Finland
• Norway
• Sweden
• Denmark
• Great Britain

4.3 The shipment of dangerous goods that are subject to declaration in accordance with applicable regulations (in particular in accordance with ADR or IATA) is excluded from parcel shipping. This applies in particular to shipments via parcel shipping service providers such as UPS, DPD, DHL or comparable providers.

If dangerous goods subject to declaration are nevertheless handed over without the appropriate labelling or information, the client shall be fully liable for all resulting damage, delays, costs and official measures.

The provisions of sections 4.1 to 4.6 apply accordingly to freight forwarding shipments.

4.4 When transporting dangerous goods, the client is obliged to provide us with the ADR data (in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road) in advance. This information is necessary to ensure safe and legally compliant transport.

4.5 If Cargoboard does not receive the required ADR data before the start of transport and the goods are already in our possession, we reserve the right to charge the client a processing fee of €50,00 net per violation.

4.6 We accept no liability for damage or loss resulting from incomplete or incorrect information provided by the client in connection with dangerous goods regulations.

5. Other goods excluded from shipment

5.1 The following goods are generally excluded from shipping:

• Goods whose possession and shipping are prohibited,
• Goods that pose a threat to health, safety, or property,
• Perishable or temperature-controlled goods (especially fresh food),
• Alcoholic beverages and tobacco products,
• E-cigarettes and e-liquids for e-cigarettes,
• Firearms and ammunition,
• Optical devices, consumer electronics, telecommunications equipment, IT devices including accessories, chip and phone cards with a
• value exceeding €100.000 per shipment,
• Works of art, antiques, genuine carpets and furs, paintings, valuables,
• Animals,
• Personal belongings,
• Motor vehicles,
• Goods that need to be towed or salvaged.

5.2 Special regulations for shipments to or from Poland:

The transport of goods subject to the provisions of the SENT freight control system is expressly excluded if Poland is involved as the country of dispatch or destination. A binding overview of the affected product groups can be found on the official website:
https://puesc.gov.pl/en/uslugi/przewoz-towarow-objety-monitorowaniem-sent

5.3 If there are questions regarding the shipability of goods, the client may contact our customer service: service@cargoboard.com.

6. Right of the client to issue instructions

6.1 The client has the right to give us specific instructions for the performance of the services within the scope of the respective order. If instructions are incomplete or not feasible, we will act at our reasonable discretion.

6.2 We generally follow the instructions of the client. If the instructions are obviously incorrect or unfeasible, we will inform the client. If the client insists on the execution of the instructions, we are not liable for damages or disadvantages arising from their execution.

7. Transport handling

7.1 We are free to carry out the transport ourselves according to legal provisions (self-transport) or to conclude appropriate contracts with third parties for execution.

7.2 We are entitled to carry out the shipment in a groupage consignment (§ 460 HGB).

7.3 If we enter contracts with third parties for execution, we will inform the client of their names and addresses upon request.

7.4 The selection of the means of transport and the executing partner companies is made at our reasonable discretion and we are free to conclude any execution contracts in this regard.

7.5 If a shipment remains with one of our partner companies for a longer period of time due to non-deliverability, we will charge a storage fee of €5,00 net per Euro pallet space per day from the 5th working day onwards. The charge will be calculated for a maximum of 30 days.

7.6 In the event of unsuccessful deliveries in groupage transport (less than 3,000 kg total weight and less than 2.4 loading metres) – whether for pickup or delivery – we charge 33% of the freight price for a second delivery attempt. If a second delivery attempt is not made and the goods are returned to the sender, the client shall bear the costs of return transport.

For direct transport, part loads or full loads, we charge up to 75% of the freight price in the event of an unsuccessful delivery attempt.

If delays occur at the pick-up or delivery address for reasons beyond our control, a fee of €80,00 net per started hour will be charged after a waiting time of two hours. The client may prove that we have incurred less damage or no damage at all.

7.7 If, upon pickup, we determine that the dimensions, weights or quantities differ from the original specifications provided by the client and this results in higher transport costs, we are entitled to subsequently invoice the difference to the originally calculated costs. In addition, a processing fee of €15,00 net will be charged.

7.8 All specified pickup times are to be understood as estimated times. The specified delivery times are also standard delivery times – a guaranteed delivery time cannot be assured.

7.9 When shipping groupage freight, transshipment is always required. We also reserve the right to transship part loads – am agreement can be made for this upon request. There is no transshipment for full loads and direct shipments.

7.10 If delivery by the parcel shipping service provider chosen by the client is not possible – for example, because the recipient could not be reached – the recipient will be notified. Depending on the instructions previously given, the following will then apply:

a) return to the client (the resulting return transport costs, in particular transport costs, shall be covered by the client),
b) another delivery attempt (additional costs may arise), or
c) storage and provision for collection by the recipient (by us or the contracted transport company).

In such cases, the terms and conditions of the selected transport service provider apply.

Deliveries are made exclusively to complete and correct postal addresses (name, street, house number, address supplement if applicable, postcode, city, country). Deliveries to PO boxes, parcel stations or similar are excluded. If the client does not provide a complete and correct postal address when placing the order, we are not liable for any resulting delays or returns. In such cases, a refund of the shipping costs is excluded.

Any costs (e.g. for manual address corrections by the selected transport service provider) and freight charges for the return transport of a shipment due to an incomplete or incorrect postal address will be invoiced to the client retrospectively. The return transport costs are based on the freight rates calculated on our website based on the dimensions and weight of the shipment.

8. Obligations of the client

8.1 The client shall ensure that the goods are handed over to us or to the transport company commissioned by us at the time and place agreed in the freight forwarding order.

8.2 The goods to be transported shall be packed and labelled in such a way as to ensure safe transport in the context of groupage transport and multiple transhipments, unless direct transport has been explicitly agreed with us.

8.3 The packaged goods must correspond to the information provided in the transport contract in terms of quantity, weight, dimensions and declared value. If the actual characteristics deviate from this, we reserve the right to charge the client for the resulting additional costs – provided that the transport can still be carried out. These additional costs may be significantly higher than the originally agreed transport price. We calculate the additional costs based on the actual values and inform the client accordingly.

For parcel shipping, the exact amount of any surcharges is based on the currently valid terms and conditions of the parcel shipping service provider. For detailed information, please refer to the currently valid version of UPS Service Leitfadens (PDF).

8.4 The client is responsible for loading and unloading, unless explicitly agreed otherwise with us.

8.5 The client shall ensure that both the handover and acceptance of the goods can be carried out properly.

8.6 Before handing over the transport goods, the client must provide us with all necessary information and documents.

8.7 The pickup and delivery location must be fully accessible for a truck with a total weight of over 3.5 tonnes.

9. Prices, invoicing, payment

9.1 The prices shown on our website in euros plus VAT at the time of booking apply.

9.2 After booking the transport, the client will receive an electronic invoice by email.

9.3 Payment can be made by credit card, direct debit, PayPal or instant transfer. In individual cases, we may offer the option of payment by bank transfer after invoicing to registered customers. In this case, the invoice amount is due 12 days after the invoice date.

10. Packaging

10.1 The client is obliged to hand over the shipment to us ready for dispatch. The responsibility for packaging suitable for transport and storage lies exclusively with the client. The shipment must be packed on suitable loading aids suitable for transport (e.g. Euro pallets).

10.2 A „parcel“ within the meaning of our service is goods that are completely packed in a cardboard box. Parcel goods that are not completely packed in cardboard boxes or are improperly packed are excluded from our services.

10.3 Special instructions from the client on the packaging regarding the handling of the shipment may be communicated to us and will be taken into account by us as far as possible. However, these instructions do not constitute binding instructions and are not binding on us.

10.4 We are not obliged to check the packaging. Shipments that are obviously not packaged in a manner suitable for transport may be rejected by us.

10.5 We accept no liability for damage, loss or delivery delays attributable to inadequate packaging or insufficient labelling by the sender. The statutory exclusions of liability apply in this context.

11. Liability and insurance

11.1 Our liability is governed by the applicable statutory provisions and recognised industry regulations under transport law. Upon request, we will provide the client with confirmation of our insurance cover.

The following distinctions are made:

a) National transport (within a country)
For transport within Germany, the respective national transport laws and the General German Freight Forwarding Conditions (Allgemeinen Deutschen Spediteursbedinungen – ADSp) apply. There are also liability restrictions for domestic transport abroad. A selection:

b) Cross-border transport
For cross-border road transport, the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply.

11.2 In accordance with Section 21 of the ADSp, we offer additional goods transport insurance in accordance with the DTV Goods Insurance Conditions upon request.

11.3 We accept no liability for goods that are excluded from shipment in accordance with Section 5 of these General Terms and Conditions.

11.4 For shipments sent via the Cargoboard platform with parcel shipping service providers (e.g. UPS, DPD, DHL or comparable providers) within the framework of the reseller model, liability for loss or damage is governed exclusively by the General Terms and Conditions (GTC) of the respective transport service provider, to the extent permitted by law. These may differ in particular with regard to the amount of liability, exclusions and reporting deadlines.

11.5 In the case of parcel shipping, any further liability on our part is excluded, unless mandatory statutory provisions prevent this.

11.6 When sending parcels, the client can take out additional insurance for the shipment when booking. If no additional insurance is taken out, the claim for damages is based exclusively on the liability limits of the respective transport service provider as stipulated by law or tariff.

12. Euro pallet exchange

12.1 Euro pallet exchange is excluded for B2C shipments (delivery to private customers). The exchange of mesh boxes is only possible for groupage shipments within Germany.

12.2 Euro pallets are exchanged exclusively in the following countries:

• Belgium
• Germany
• Luxembourg
• Austria
• Netherlands

12.3 If we do not receive any replacement pallets from the recipient, we will charge the client €22,50 net per Euro pallet for the replacement. If we do not receive any pallets in exchange from the recipient, we will charge 22,50 euros per Euro pallet for the replacement.

12.4 Obligation to provide proof in the event of non-exchange:

If exchange does not take place, the sender is obliged to document this fact and to provide suitable proof upon request. Such proof can be provided, for example, by:

• a written note from the driver,
• a confirmation in the consignment note, or

a corresponding note on the delivery note.

13. Shipments to Switzerland or the United Kingdom

13.1 The client confirms that the goods handed over are goods in free circulation within the European Union.

13.2 The prices stated on our website in euros plus VAT apply.

13.3 If the recipient does not bear the costs incurred for the selected franking, these will be invoiced to the client.

14. Final provisions

14.1 The client shall only be entitled to set-off or retention rights if the counterclaims have been legally established or are undisputed.

14.2 The place of jurisdiction is Paderborn.