General Terms and Conditions

of ALPHA EXPRESS 24, owner: Bojan Nenadic, Leonorenstr. 26, 12247 Berlin (hereinafter referred to as “ALPHA EXPRESS”)

1. Scope of Application

(1) The following General Terms and Conditions (GTC) apply to all services and offers of ALPHA EXPRESS. The GTC are an integral part of all contracts that ALPHA EXPRESS concludes with its contractual partners (hereinafter also referred to as “Client”) for the transportation services offered by ALPHA EXPRESS. If the client is a merchant, they shall also apply to all future services or offers to the client, even if they are not separately agreed upon again.

(2) Terms and conditions of Client or third parties shall not apply, even if ALPHA EXPRESS does not separately object to their validity in individual cases. Even if ALPHA EXPRESS refers to a letter containing or referring to the terms and conditions of the client or a third party, this shall not constitute an agreement to the validity of those terms and conditions.

2. Offer and Conclusion of Contract

(1) All offers made by ALPHA EXPRESS are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period.

(2) Customer may use the shipping cost calculator on the ALPHA EXPRESS website to determine the estimated costs of a delivery and request a non-binding offer from ALPHA EXPRESS on the basis of further information on the intended delivery. Such a non-binding offer can also be requested from ALPHA EXPRESS by e-mail, post or telephone. If the request is made electronically via the shipping cost calculator, the customer will receive confirmation by e-mail that his request has been received. ALPHA EXPRESS will then send the customer a non-binding offer. If the client confirms this non-binding offer to ALPHA Express by e-mail, this shall be deemed a binding booking by the client. The client is bound to his order for 3 working days. A contract shall only be concluded as soon as ALPHA EXPRESS confirms the order by e-mail within these 3 working days and thus accepts the client’s offer (e-mail transport confirmation).

(3) The legal relationship between ALPHA EXPRESS and Client shall be governed by the contract concluded in accordance with paragraph (2) above, including these General Terms and Conditions. The contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal commitments made by ALPHA EXPRESS prior to the conclusion of this contract are not legally binding. Oral agreements between the contracting parties shall be replaced by the written contract, unless expressly agreed otherwise between the contracting parties.

(4) In addition to these GTC, the latest version of the German Freight Forwarders’ Standard Terms and Conditions (ADSp) shall apply to contracts for national transportation services in Germany, including additional and ancillary services, unless otherwise stipulated by mandatory statutory provisions, individual agreements or these GTC. The ADSp do not apply to transactions with consumers within the meaning of §13 BGB.

(5) In all other respects, the statutory provisions shall apply, in particular the provisions on the contract of carriage (Sections 459, 407 et seq. HGB). In the case of cross-border transportation, the CMR (Convention on the Contract for the International Carriage of Goods by Road) shall apply in addition, unless otherwise stipulated in these GTC.

(6) Other supplements and amendments to the agreements made, including these General Terms and Conditions of Delivery, must be made in writing to be effective. With the exception of managing directors or authorized signatories, employees of ALPHA EXPRESS are not entitled to make verbal agreements that

deviate from the written agreement. Telecommunication, in particular by fax or e-mail, shall suffice to comply with the written form requirement.

(7) Contracts are concluded exclusively in German. The text of the contract will not be saved.

(8) Right of withdrawal, termination: There is no right of revocation, even if the customer is a consumer within the meaning of § 13 BGB, § 312 g No. 9 BGB. However, you may terminate the contract at any time until the shipment(s) are handed over to ALPHAEXPRESS. In this respect, § 415 HGB applies. Notwithstanding § 415 HGB, termination is free of charge for consumers if the notice of termination is received by ALPHA EXPRESS no later than 1 working day (Monday-Friday) before the agreed first collection date (example: collection date: Monday, 12 noon, notice of termination must be received by Friday, 12 noon). If notice of termination is given at a later time, but before the first collection date, § 415 HGB (German Commercial Code) shall also apply to consumers in this respect. Again in deviation from § 415 BGB, termination of the contractual relationship by the client after handover of the shipment(s) to ALPHA EXPRESS is excluded. Any notice of termination must be in text form (e.g. e-mail).

3. Conditional Consignments

(1) ALPHA EXPRESS transports shipments that comply with the applicable price/service overview and the applicable regulations on packaging and labeling and do not exceed the following values:

EUR 5,000.00 per shipment for consumers within the meaning of §13 BGB
EUR 50,000.00 per shipment for all other customers

(2) The following are excluded from transportation (prohibited goods):

Shipments whose transportation, storage or use violate relevant legal or official prohibitions, including foreign trade and excise tax regulations or approval requirements; this also includes shipments whose contents violate the rights of third parties to protect intellectual property, including counterfeit or unli-censed copies of products (brand piracy);
Shipments whose transportation requires special handling by ALPHA EXPRESS (e.g. compliance with a certain temperature, obtaining a permit under public law);
Consignments whose contents or external condition during the normal course of transportation and, despite adequate packaging, are objectively capable of injuring or damaging persons.

or cause damage to property;

Shipments containing live animals or human remains;
Consignments whose transportation is subject to dangerous goods regulations, insofar as these are not in accordance with the “Regulations for the carriage of dangerous substances and articles”

are authorized; § 410 HGB remains unaffected;

Works of art, antiques, stamps as collector’s items, transferable commercial papers, Securities, precious metals, precious stones, industrial diamonds; Money and other valid means of payment;
Consignments with inadequate packaging, which in particular do not comply with the regulations on packaging and labeling, as well as consignments with liquid contents, unless they are packaged in un-breakable packaging and protected against leakage.

(3) ALPHA EXPRESS shall not be obliged to check whether the consignment contains prohibited goods within the meaning of paragraph (2).

4. Services Provided by ALPHA EXPRESS

(1) ALPHA EXPRESS takes over

the collection, transportation and delivery of small packages, parcels and pallet goods weighing up to 1200 kg within the Federal Republic of Germany, and
the transportation and delivery of parcels from the Federal Republic of Germany to the countries of the European Union and the EEA.

(2) ALPHA EXPRESS shall expressly not be responsible for the provision and exchange of pallets or

other loading equipment. The return transportation of pallets, other loading equipment or loading aids provided by the client or third parties is also not owed.

(3) Loading and unloading

ALPHA EXPRESS shall also not be responsible for loading and unloading the goods, unless the circumstances or customary practice dictate otherwise. The customer may order loading and/or unloading separately. The additional fee due for this shall be set out in the current price list.

If no loading or unloading has been ordered, or if loading or unloading is delayed due to circumstances beyond ALPHA EXPRESS’s control, ALPHA EXPRESS may charge an additional demurrage fee if the loading/unloading time exceeds 1 hour. The amount of the demurrage charge is specified in the current price list. Client reserves the right to prove that ALPHA EXPRESS has incurred no or less damage due to the extended demurrage time.

The loading and unloading of goods weighing 31 kg or more can only be ordered if loading and unloading aids or a lifting platform vehicle are booked at the same time.

(4) Collection

The consignment(s) shall be collected on the agreed collection day at the location specified by the client.

named address. In the case of private addresses, parcels and packages shall be accepted at the front door, in the case of commercial addresses at the reception desk, unless otherwise agreed in writing in individual cases. If loading is required, the client must ensure that the loading location is freely accessible for the transport vehicle.

Only one collection attempt will be made. The customer may instruct ALPHA EXPRESS to make a further collection attempt for a separate charge. The amount of the fee is specified in the current ALPHA EXPRESS price list.

(5) ALPHA EXPRESS shall refuse transportation of shipments that do not meet the requirements of § 3. If such a shipment nevertheless enters the ALPHA EXPRESS system, ALPHA EXPRESS shall be entitled to discontinue further transportation at any time or to charge the customer an appropriate additional fee. If the customer refuses to pay such an additional charge or if there are reasonable grounds to assume that the accepted shipment does not meet the requirements of § 3 of these GTC, ALPHA EXPRESS shall be entitled to return the shipment to the customer or to hold it ready for collection by the customer. In the event of such return, ALPHA EXPRESS shall be entitled to charge a reasonable fee of at least one third of the agreed fee as compensation for expenses. Client reserves the right to prove that ALPHA EXPRESS has incurred no or less expenses.

(6) ALPHA EXPRESS shall be entitled at any time to request information about the contents of the shipment(s) in order to determine whether the contents are in accordance with the conditions. If the customer refuses to provide the information or if the information cannot be obtained in time, ALPHA EXPRESS may inspect the contents of the shipment if there is reason to believe that this is necessary to avert danger to persons or property.

(7) Deadlines and dates for deliveries promised by ALPHA EXPRESS shall always be approximate, unless a fixed delivery date has been expressly agreed as binding. If advance payment has been agreed, the agreed delivery period shall commence at the earliest upon receipt of full payment by ALPHA EXPRESS.

(8) ALPHA EXPRESS shall be free to choose the type, route and means of transportation and to have all services performed (also) by subcontractors (subcarriers), taking into account the interests of the Client.

(9) The consignment shall be delivered by handing it over to the recipient indicated on the consignment or to an authorized recipient (“authorized recipient”) identified by the recipient’s written power of attorney. The handover is made against signature. Consignments to recipients in communal facilities (e.g. prisons, communal accommodation, hospitals) may be delivered to a person authorized by the management of the facility to receive consignments (“authorized recipient”). Sentence 1 and sentence 2 shall only apply unless otherwise agreed (e.g. forwarding, delivery by depositing at an agreed location).

If the goods must be unloaded, this shall take place at a suitable unloading point to be specified by the client or recipient. Unless otherwise instructed, unloading must be carried out by the recipient as the client’s vicarious agent.

(10) ALPHA EXPRESS may deliver shipments that cannot be delivered in the manner specified in paragraph (9) above to a substitute consignee.

Replacement recipients are:

relatives of the recipient
other persons, including those present on the recipient’s premises, and
residents and neighbors of the recipient, provided that

– it can be assumed from the circumstances that they are authorized to accept the shipments and

– ALPHA EXPRESS shall inform the recipient immediately by means of a physical or electronic message (e.g. notification card, e-mail) to the recipient’s designated receiving facility (in-house mailbox or electronic mailbox) about the consignments and the person of the replacement recipient (name and address of the resident or neighbor).

(11) The delivery order shall be deemed to have been executed upon handover to the recipient in accordance with paragraphs (9) – (10) of these GTC.

(12) Only one delivery attempt will be made. If the consignment cannot be delivered in the manner described, the consignment shall be deemed undeliverable. Consignments with an incorrect address shall also be deemed undeliverable if the correct address cannot be determined with reasonable effort, and consignments whose acceptance is refused. Refusal of acceptance also includes the prevention of delivery via an existing receiving device (e.g. taping up/prohibition of posting in the letter box or parcel box), refusal to pay an outstanding freight or cash on delivery or refusal to provide a required confirmation of receipt.

Consignments weighing more than 31 kg shall also be deemed undeliverable if no unloading has been ordered by ALPHA EXPRESS and no unloading aids or lifting platform vehicles are provided by the customer at the place of unloading. The customer may instruct ALPHA EXPRESS to make a further delivery attempt for a separate fee. The amount of the fee shall depend on the individual case and shall be communicated by ALPHA EXPRESS to the customer upon request.

(13) ALPHA EXPRESS shall return undeliverable shipments to the customer. Customer may not claim (return) transportation abroad. If the customer refuses to take back the shipment, ALPHA EXPRESS shall be entitled to dispose of the shipment at its own discretion and expense, including selling or destroying it. If the customer cannot be identified, ALPHA EXPRESS shall be entitled to open the shipment in order to identify the customer.

If the customer is identified by opening the shipment, ALPHA EXPRESS shall either obtain the customer’s instructions or return the shipment at the customer’s expense. If a return shipment is not possible or not reasonable, ALPHA EXPRESS shall be entitled to destroy or sell the shipment at customer’s expense. If Client can be identified, ALPHA EXPRESS may also destroy the contents in accordance with § 419 (3) HGB (German Commercial Code).

(14) The above paragraph (13) shall also apply if ALPHA EXPRESS cannot reasonably be expected to make delivery due to extraordinary circumstances, disproportionate difficulties or special dangers at the place of destination. Such extraordinary circumstances exist, for example, if no lifting platform vehicle is booked for heavy freight and no loading or unloading assistance is available.

(15) ALPHA EXPRESS shall no longer be bound by the instructions of the customer after delivery of the shipment.

5. Prices and Payment

(1) The contractually agreed prices are gross prices, i.e. including statutory VAT, unless otherwise stated in individual cases. The agreed prices apply to the scope of services listed in the contract. Additional or special services shall be charged separately. If customs or other fees or public charges are incurred, the client shall bear these in addition.

(2) If the agreed prices are based on ALPHA EXPRESS’s list prices and delivery is to take place more than four months after conclusion of the contract, ALPHA EXPRESS’s list prices valid at the time of delivery shall apply (less any agreed percentage or fixed discount).

(3) Unless otherwise agreed, the fee to be paid, including any surcharges, shall be paid by the client in advance. Payments may be made by PayPal or by advance bank transfer. ALPHA EXPRESS shall be entitled to refuse the agreed service until full payment has been made.

(4) If the Client is an entrepreneur within the meaning of Section 14 BGB, payment on account may be agreed from the second order onwards. If payment on account is agreed, invoice amounts shall be paid within fourteen (14) days without any deduction, unless otherwise agreed in writing. The date of payment shall be determined by the date of receipt of the invoice by the client. If the Client fails to pay by the due date, interest of 5% p.a. shall be charged on the outstanding amounts from the due date; the right to claim higher interest and further damages in the event of default shall remain unaffected.

(5) ALPHA EXPRESS reserves the right to check Client’s creditworthiness if payment on account has been agreed. If the check reveals that the creditworthiness is not sufficient for payment on account, ALPHA EXPRESS shall be entitled to postpone the shipment until full payment has been made, despite e-mail confirmation of shipment. ALPHA EXPRESS shall inform the customer of this immediately after the results of the check are available.

(6) Offsetting against counterclaims of the client or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.

6. Obligations of the Client to Cooperate

(1) Packaging

The customer shall pack the goods to be transported in such a way that they are protected against loss and damage and that ALPHA EXPRESS does not suffer any damage, insofar as the nature of the goods requires packaging in consideration of the agreed transportation. Packaging shall always include suitable outer packaging, suitable inner packaging and a secure seal.

The outer packaging must be designed to suit the contents in such a way that the packaged items do not fall out, do not damage other consignments and are not damaged themselves. Sufficient inner packaging must be provided and supplemented with fillers. In the case of transport-sensitive items, the packaging must be adapted to their particular sensitivity in order to take into account the nature, quantity and all other special features of the respective contents in each individual case. The packaging must reliably protect the contents of the consignment against stresses to which it is normally exposed during shipment (e.g. pressure, impact, falling, vibration or temperature influences).

Outer packaging must be sufficiently strong and pressure-resistant. It must also be sufficiently large to provide space for the entire contents and the necessary inner packaging components.

The inner packaging must hold the contents in place and provide cushioning on all sides towards the outer packaging and, in the case of multiple contents, between each other. Sales and storage packaging is often only designed for palletized shipping. Additional packaging measures (e.g. molded foam) are essential as transport packaging for individual shipments.

Resistant materials (e.g. tear-resistant, self-adhesive plastic packing tapes or fiber-reinforced wet adhesive tapes) must be used to seal the consignments to ensure that they stay together. The heavier a consignment is, the more resistant the seal must be.

Packaging or closures must not have any sharp edges, corners or points, e.g. protruding nails, staples, splinters of wood or wire ends. The packaging must completely enclose the transported goods.

ALPHA EXPRESS may make further specifications regarding the packaging and size of the load, which must also be observed.

(2) Address and sender details

The client shall provide the consignment with the recipient’s full address.

The address must be so precise and clear that the consignment can be transported and delivered without further investigation. It must not contain any additions that could lead to misunderstandings or make it difficult or impossible to process the consignment.

The address must be ordered from top to bottom

the name of the recipient (plus company name if applicable),

the delivery details (street and house number; if available, plus number of the floor and apartment number; in the case of companies, the department name),

the destination preceded by the postal code and

in the case of cross-border transportation, the country of destination.

The destination, preceded by the zip code, should be clearly separated from the delivery details in the bottom line. The place of destination must not include any additions that are not part of the official place name.

belong to. The zip code must always be stated in full. The sender’s details must correspond to the address in terms of their arrangement and components. The sender’s details must not impair the clarity of the address.

(3) The client shall – as far as possible and necessary – provide complete and truthful information about his shipment, which also enables its clear identification in the event of damage. In particular, the customer shall state its full address in Germany on the consignment, also in the event of return transportation after undeliverability.

(4) The client or consignee must report any externally detectable damage or any loss of the consignment at the latest upon delivery of the consignment, a not externally recognizable damage or loss within 7 days of delivery, in each case with clear notification of the damage or loss.

identification of the damage or loss. Otherwise it is assumed that the damage was not present on delivery and the consignment was handed over in full.

7. Liability

(1) Unless otherwise expressly stipulated in these GTC or between ALPHA EXPRESS and Client, ALPHA EXPRESS shall be liable for national transportation only in accordance with §§ 407 et seq. HGB, in particular §§ 425 ff. HGB, in the case of cross-border transportation only in accordance with Art. 17 et seq. CMR.

(2) ALPHA EXPRESS shall be liable for damages resulting from an act or omission committed intentionally or recklessly by ALPHA EXPRESS, one of its employees or other vicarious agents (Section 428 of the German Commercial Code) and in the knowledge that damage would probably occur, regardless of the following limitations of liability. This shall apply to damages attributable to the conduct of its employees or vicarious agents only insofar as these persons have acted in the performance of their duties. ALPHA EXPRESS shall be liable without limitation for damages resulting from injury to life, body or health caused by a negligent breach of duty by ALPHA EXPRESS or an intentional or negligent breach of duty by one of its legal representatives or vicarious agents.

(2) ALPHA EXPRESS shall otherwise be liable for loss of and damage to shipments whose carriage is not excluded pursuant to § 3, as well as for the culpable improper fulfillment of other obligations, only to the extent of the direct damage typical for the contract up to the statutory liability limits. Compensation for all further damages is excluded; §§ 430, 432 HGB remain unaffected. This shall apply regardless of whether ALPHA EXPRESS was informed of the risk of such damage before or after acceptance of the shipment, since special risks can be insured by the customer. ALPHA EXPRESS shall be exempt from liability if the damage is due to circumstances which it could not avoid even with the greatest care and the consequences of which it was unable to avert (e.g. strike, force majeure). The cases of apportionment of damages and special grounds for exclusion of liability specified in Sections 425 (2) and 427 of the German Commercial Code (HGB) shall remain unaffected, as shall other statutory limitations or exclusions of liability.

8. Data Protection

ALPHA EXPRESS processes personal data in the context of requests for quotations and for contract fulfillment as well as for other purposes. All information on data processing and the data protection rights of data subjects can be found in the privacy policy.

9. Final Provisions

1) The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these GTC shall be Berlin (registered office of ALPHA EXPRESS). German law shall apply.

(2) ALPHA EXPRESS is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.