Delivery green enables local retailers and online shops to offer a sustainable delivery concept. With our software solution, anyone can quickly and easily offer a green last mile.About us
Liefergrün GmbH, Hafenweg 16, 48145 Münster, Germany
1. PRELIMINARY REMARK
Liefergrün GmbH offers its customers within individually defined cities or conurbations the transport of consignments which can be carried out on the same day or within a predefined time window ("Same Day Transports"), as well as the organisation of such transport services on the basis of the following ATB.
The cities in which Liefergrün offers to organise such transports can be found at www.Liefergrün.com. There is no obligation on the part of Delivery Green to carry out deliveries outside these areas.
These General Terms and Conditions of Business apply to all activities, services and products of Liefergrün GmbH in connection with the carriage of forwarding, courier, express and parcel shipments, irrespective of whether Liefergrün GmbH performs these activities itself or has them performed by third parties.
These GT&C replace all previous contractual conditions of Liefergrün. Agreements deviating from this and conflicting general terms and conditions of the customer are only binding for Liefergrün GmbH if they have been confirmed in writing by its product manager or the management of Liefergrün.
Liefergrün GmbH reserves the right to amend these GT&C from time to time, insofar as this is necessary and appropriate. These GT&C are made available by Liefergrün as a printed version, as well as electronically at www.Liefergrün.com. The current electronic version shall take precedence in the event of deviations.
"Consignments" within the meaning of these GT&C are all goods, in particular documents or goods, which the customer hands over for transport to Liefergrün or the third party selected by Liefergrün. A consignment may not weigh more than 32 kg and may not exceed the following dimensions: 100 x 100 x 150 cm (height x width x length).
"Necessary shipment data" means all address data and times required for the collection and delivery of the goods in the form specified by Liefergrün (currently still theoretically possible by telephone or e-mail, but desired via the Liefergrün app or an API interface). This address data includes at least: first and last name of the person of the recipient, the address, consisting of street, house number, any address additions (such as 3rd floor, left), postcode, city and a telephone number of the recipient, as well as email and telephone number of the sender.
"Customer" means the person to whom Liefergrün has given the order for the transport to be carried out.
3. TASKS OF DELIVERY GREEN
Delivery green organises the transport of the consignment to the intended recipient with a means of transport which appears suitable on the basis of the information provided by the customer (car, motorbike, bicycle). Upon request, delivery green also offers transport on foot. Delivery green is free to carry out the transport services itself or to have them carried out by third parties. As a rule, green delivery will use the assistance of third parties. Delivery green is also free to choose the person who carries out the specific transport. The customer is familiar with Liefergrün's business model and recognises this as proper.
Upon request, Liefergrün will inform the customer on which days and in which time windows a transport performance with Liefergrün is possible in the respective city. Local regulations and non-federal holidays may lead to restrictions for which Liefergrün is not responsible.
4. OBLIGATION OF THE CUSTOMER
When placing the order, the customer shall provide Liefergrün with the necessary consignment data
(see definitions above) as accurately as possible.
It is furthermore the customer's responsibility to ensure that the goods are packed, properly labelled and in a transportable condition at the named collection point, which can normally be expected for transport on foot or by means of a land vehicle. If transport requires a special means of transport or is not possible by all means of transport offered by Liefergrün, the customer shall also inform Liefergrün of this when placing the order.
The customer shall inform Liefergrün immediately of any transport obstacles known to him.
The customer shall be liable irrespective of fault for any damage resulting from a breach of the obligations described above. In such a case, he shall indemnify Liefergrün against any claims for damages by third parties.
The customer will pay the respective fee for the transport to Liefergrün.
5. CONSIGNMENTS EXCLUDED FROM TRANSPORT
Liefergrün will only accept for carriage consignments which comply with the weight and size requirements of a consignment as described above. In addition, unless otherwise agreed, the following consignments will not be accepted for transport:
The value of goods per consignment must not exceed EUR 500.00.
In particular, narcotics, live animals, organs, cash, securities, foreign currencies, unpackaged goods or goods not suitable for transport, precious stones, precious metals, mortal remains, explosives and weapons are generally excluded from carriage. Also excluded are goods for the transport of which a special permit is required.
Hazardous goods and other dangerous goods are generally excluded from transport. Dangerous goods are those goods which German law defines as hazardous goods. Dangerous goods are all goods whose nature poses or may pose a particular risk to people, animals, means of transport or other consignments.
6. COLLECTION AND DELIVERY OF A SEND / CHARGE CALCULATION
a. Calculation of the charge
Even without express reference, the remuneration of Liefergrün shall be based on the tariff table valid at the time of conclusion of the contract, which shall be provided by Liefergrün on request.
b. Payment obligation in the event of order cancellation
If a collection or delivery is cancelled at a time when Delivery Green has already entrusted its third party with the order or the delivery process is already in progress, the customer is obliged to pay the full fee.
c. Conduct and additional charge in the event of failure to hand over the consignment on time
If the goods are not ready for collection at the collection time communicated in the order, the person collecting the goods will wait a maximum of 10 minutes. After the expiry of the 10 minutes, Liefergrün will treat the order as if the customer had cancelled the order. The person collecting the goods is then entitled to leave the storage location without the goods. The customer is then obliged to pay the full price to Liefergrün.
If, on the other hand, the person collecting the vehicle decides to wait at his or her own discretion, the order shall be deemed not to have been cancelled and the customer shall be charged for the further service time (waiting and loading time) on a pro rata basis of EUR 30.00 per hour. In no case does the person collecting the vehicle have to wait longer than 30 minutes. After expiry of this time, the order shall be deemed to have been definitively cancelled and the customer shall be obliged to pay the full fee to Liefergrün.
d. Conduct and additional charge in case of failed delivery / costs of repatriation
Delivery cannot be made to post office boxes or coded addresses. If a central incoming post office (e.g. porter, reception, reception) is provided as the address, the contractual delivery shall be made there.
If, during delivery at the place of delivery, the recipient is not found and no person is reached who is authorised or appears suitable to accept the delivery, the delivering party will, if a telephone number has been provided, attempt to contact the recipient by telephone twice at intervals of five minutes. There is no obligation to wait longer than ten minutes.
If, on the other hand, the delivery agent decides to wait at his own discretion, the additional service time (waiting and loading time) will be charged at EUR 5 per 10 minutes or part thereof. In no case does the delivery agent have to wait longer than 30 minutes. After this time has elapsed, the delivery attempt is deemed to have failed.
Liefergrün will then inform the customer of the failed delivery and discuss the further procedure with the customer. The return of the shipment to the pick-up location or another location to be named by the customer in this case is subject to a charge and will be invoiced in accordance with the charges for the original delivery. A repeated delivery attempt requires a new order for which a further charge is payable.
If the customer cannot be reached for consultation either, Liefergrün will decide at its own discretion on the further handling of the consignment.
7. DUE DATE OF THE FEES AND TIME LIMIT FOR OBJECTIONS AGAINST INVOICES
Invoices from Liefergrün are due immediately without deduction. Complaints must be made in writing to the contact address stated on the invoice within 15 days of the invoice date at the latest. After expiry of this period, the invoice shall be deemed to have been accepted by the customer as factually and arithmetically correct.
8. OFFSETTING PROHIBITION
The customer is prohibited from offsetting counterclaims unless these have been legally established or are undisputed.
9. JOINT LIABILITY OF CONSIGNOR AND CONSIGNEE FOR THE REMUNERATION
If Liefergrün GmbH has agreed to charge the fee to a person other than the customer, Liefergrün shall also be entitled to demand payment of the fee from the customer.
10. LIEN AND RIGHT OF RETENTION
In order to secure the claim for payment, Liefergrün shall have a right of retention and lien on the consignment and all other consignments handed over by the customer for transport. The period of one month specified in § 1234 BGB shall be replaced in all cases by a period of two weeks.
Liefergrün GmbH is only responsible for delays if a binding time specification has been expressly given.
In the event of delays in deliveries of more than one hour, Liefergrün shall reimburse the customer on request for the fee paid.
If the delay arises due to circumstances beyond the control of Liefergrün, such as force majeure (e.g. weather, war, strike, etc.), sovereign measures (e.g. customs, security checks, etc.), technical problems with the means of transport, delays in the means of transport that cannot be influenced, missing or insufficient documentation of the pick-up or delivery location (such as e.g. incorrect information, missing or incorrect marking, crowds (demonstrations, street festivals, processions of all kinds (carnival and carnival parades, shooting festivals, etc.).e.g. incorrect information, missing or incorrect marking), crowds (demonstrations, street festivals), processions of all kinds (carnival parades, shooting festivals, etc.), subsequent orders of the customer or instructions of the consignee which influence the delivery process, the reimbursement of remuneration shall not apply.
The regulations on liability remain unaffected by this delay regulation.
12. liabilitieS of Liefergrün GmbH
Delivery green is liable for damage to the substance caused by loss or damage while the consignment is in the care of delivery green or a third party commissioned by delivery green up to a maximum amount of SDR 40 per consignment.
There shall be no liability if the goods to be delivered are not properly packaged or if any other facts mentioned in § 414 of the German Commercial Code (HGB) are relevant.
The liability of Liefergrün for delays is limited to three times the amount of the remuneration.
In all other respects Liefergrün shall only be liable if Liefergrün is at fault for the damage caused by it. For damage not caused by loss of or damage to the goods in the care of Liefergrün or a third party commissioned by Liefergrün or by delay, liability shall be limited to the foreseeable and typical damage and to a maximum value of SDR 40 per consignment.
The parties may agree higher maximum liability amounts in individual cases. The agreement must be made in writing (e-mail, letter).
This limitation of liability to the maximum value of goods of SDR 40, as well as individually agreed maximum liability amounts, shall not apply to injury to life, limb and health or to the intentional or grossly negligent breach of contractual obligations by Liefergrün GmbH or its executives or in the event of breach of essential contractual obligations.
Liefergrün's liability for circumstances beyond its control is excluded. This applies, for example, but not exclusively, to the causes of damage weather, war, strike or sovereign measures (such as customs, security checks, etc.).
13. DAMAGE INDICATION
The unconditional acceptance of the consignment by the recipient shall be deemed to be proof that the consignment was delivered in perfect condition and in accordance with the contract until proven otherwise.
Each notice of claim must describe and quantify the damage in sufficient detail.
14. WRITTEN FORM
Amendments, supplements and additions to these GT&C shall only be valid if confirmed in writing by Liefergrün. This shall also apply to the waiver of this written form requirement.
The customer shall maintain strictest secrecy about all planning, business transactions and business secrets which concern the business relationship with Liefergrün and which become known to the customer in the course of the respective activities. The customer shall oblige its employees, sub-agents and contractors accordingly.
Münster is agreed as the exclusive place of jurisdiction if the customer is a merchant, a legal entity under public law or a special fund under public law, as well as if the customer has no general place of jurisdiction in the Federal Republic of Germany.
17. SEVERABILITY CLAUSE
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In such cases, a provision that comes closest to the respective purpose shall take the place of the other provision without further ado.