Terms and Conditions

for Parcelbox Service (valid as of 31/05/2023)

1. Area of Application

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all current and future business relations and the services listed in these GTC (hereinafter referred to as “Contract content”) between Interkurier Inc. Deutschland as well as to consumers and entrepreneurs within the meaning of §§ 13, 14 BGB (German Civil Code) (hereinafter referred to as “Customer”) unless otherwise agreed upon below.

(2) The GTC and thus the content of the contract also include, with subsidiary validity, all ancillary provisions that are related to the respective business relationship.

(3) The validity of individual provisions of these GTC may only be limited or overridden by cogent law or in individual cases by means of a separate written agreement with the Customer.

(4) The Customer‘s GTC, which is hereby expressly rejected, shall be non-contractual content and the Customer hereby waives their validity. This also applies to knowledge of the same and permanent business relationship between Interkurier Inc. Deutschland and the Customer. The Customer‘s GTC are valid only with the written consent of Interkurier Inc. Deutschland. In case of contradictions of the Customer‘s GTC with those of Interkurier Inc. Deutschland, these shall only be subsidiary to the GTC of Interkurier Inc. Deutschland. The content of the Customer‘s forms is only valid in the case of their explicit written approval by Interkurier Inc. Deutschland and only for the individual case and only subsidiary to these GTC.

(5)With the placement of the order to Interkurier Inc. Deutschland by the Customer, he explicitly confirms and affirms the knowledge of the GTC and its validity for the Contract Content. Modifications or additions to the terms of service as well as these GTC after the assignment are reserved and shall remain effective if they are made known to the Customer.

(6) Within the scope of ongoing business relations between Interkurier Inc. Deutschland and the Customer, these GTC shall be valid as amended as soon as the Customer has had the opportunity to inspect, acquaint himself with or take possession of these GTC. Changes or additions to these GTC shall be reserved and effective if the Customer has been notified of them.

2. Conclusion of Contract / Placement of Order

(1) The offers of Interkurier Inc. Deutschland are non-binding and free.

(2) The placing of orders for the provision of services offered by Interkurier Inc. Deutschland can be made verbally or in writing. The rental of parcelboxes must be made in writing.

(3) By placing the order, the Customer declares bindingly the will that Interkurier Inc. Deutschland shall provide the service in accordance with these GTC.

3. Services, prices, place of performance, time of performance

(1) For the provision of all services of Interkurier Inc. Deutschland, the prices in the price lists and/or offers of Interkurier Inc. Deutschland shall apply.

(2) If the extent of an order of the Customer exceeds the original offer, his order is deemed accepted by Interkurier Inc. Deutschland once the changed order is executed. In this case, Interkurier Inc. Deutschland may charge additional expenses on the basis of the prices of the original offer and the Customer waives his right of withdrawal. If an order of the Customer falls short of the scope of the original offer, Interkurier Inc. Deutschland has the choice to carry out the order under deduction of the saved expense on the basis of the prices of the original offer or to withdraw from the order without the Customer incurring any claims from this withdrawal Interkurier Inc. Deutschland.

(3) The prices quoted are binding as of the date of the order, provided that the instructions for order remain unchanged. The Customer hereby agrees to the additional costs of Interkurier Inc. Deutschland, if they have been caused by altered instructions for order, which have risen in the sphere of the Customer. The prices quoted refer to consumers and always include the statutory value-added tax or turnover tax, but not to entrepreneurs.

(4) Objections to a deviation of the contents of an order confirmation of Interkurier Inc. Deutschland from the Customer’s order must be raised immediately, at the latest within three working days after receipt of the order confirmation,  otherwise the contents of the order confirmation are considered as agreed.

(5) The place of fulfillment for the delivery of the goods acquired by Interkurier Inc. Deutschland as well as for the provisions and other services commissioned is the headquarters of Interkurier Inc. Deutschland to which the order has been placed.

(6) Fixed delivery times of goods or the provision of services by Interkurier Inc. Deutschland are only binding if this has been expressly agreed in writing.

4. Parcel box service

These GTC also apply to parcelbox rental agreements.

5. Shipping and courier service

(1) In the case of dispatch or courier services carried out by Interkurier Inc. Deutschland itself or by a third party, special conditions of carriage apply in addition to these GTC. This may include, in particular, the conditions of carriage of the third party. In the case of inconsistencies between the terms and conditions of carriage and these GTC, the terms and conditions of carriage shall apply.

(2) The Customer is obliged to pack the goods to be shipped in a transport-appropriate manner. Interkurier Inc. Deutschland is not obliged to check the transport stability of the packaging. If there is any doubt about the transportability of the packaging, Interkurier Inc. Deutschland is authorized to make transportable packaging chargeable. However, liability of Interkurier Inc. Deutschland for defective packaging is excluded if the Customer has not xplicitly indicated special packaging requirements in writing. The findings of the shipping company are decisive for the question of the transportability of the packaging unless the Customer proves otherwise.

(3) Inadequately packaged packages, valuables (such as gold, precious metals, jewelry, watches, antiquities, works of art, money, coins, certificates, and valuables of all kinds), or securities (checks, exchangeable papers, savings books, shares, or other collateral), goods subject to excise tax (spirits, wine, beer, cigarettes, tobacco, mineral oils, light fuel oils, fuel etc.), packages whose contents could be dangerous or detrimental to persons, animals, and other goods (such as, e.g., dangerous goods), goods which are likely to be spoiled or rotten during transport, bulky goods, or goods which for which duties and taxes have not been properly paid when imported into the EU shall be excluded from carriage. In addition, the value of jewelry or watches in a package may not exceed the equivalent of 500 US dollars. The Customer guarantees that he does not ship such goods and releases Interkurier Inc. Deutschland from any liability against third parties.

(4) Interkurier Inc. Deutschland is entitled to inspect consignments delivered for transport and to open them at its own discretion. In particular, Interkurier Inc. Deutschland is entitled to open consignments randomly in order to check whether a consignment corresponds to these and also to the GTCs of a third-party contractor. Interkurier Inc. Deutschland is entitled to reject the shipment at its own discretion.

(5) At the request of Interkurier Inc. Deutschland, the Customer will provide all necessary and useful information and documents for the dispatch and transport at any time and at short notice. Interkurier Inc. Deutschland is entitled to provide information on the package and on the accompanying business documents for dispatch without resulting in any claims for a specific transport or transport service for the Customer. The Customer shall only be entitled to certain delivery modalities, (e.g. mode of transport, personal exclusivity, etc.), if this has been agreed in writing with Interkurier Inc. Deutschland or has been expressly acknowledged by Interkurier Inc. Deutschland in writing.

(6) The Customer is solely liable for the correctness and completeness of the data submitted by him for the dispatch of the goods and shall release Interkurier Inc. Deutschland with regard to all claims of third parties and shall indemnify and hold it harmless resulting from incorrect and/or incomplete data of the Customer and the corresponding transport. The Customer shall also indemnify Interkurier Inc. Deutschland and hold it harmless against all claims by third parties if the consignee refuses to accept and/or deliver the consignment or if the consignment cannot be found or has been incorrectly and incompletely designated.

(7) If Interkurier Inc. Deutschland is unable to deliver a package to the addressee in accordance with the GTC of carriage of Interkurier Inc. Deutschland or with the general terms of transportation of Interkurier Inc. Deutschland, Interkurier Inc. Deutschland shall be entitled, at its discretion, to return the package at the Customer‘s expense or reimburse it to the Customer (including any additional costs incurred). Interkurier Inc. Deutschland may not arbitrarily exercise the foregoing rights. The Customer undertakes to provide the necessary information and documents at the request of Interkurier Inc. Deutschland. The Customer undertakes to provide the necessary information and documents at the request of Interkurier Inc. Deutschland.

(8)The customer acknowledges and agrees that Interkurier Inc. Deutschland's subcontractors limit their liability for delays in transport or loss of or damage to the transported goods in their general terms and conditions. These restrictions also apply to the contractual content of the customer's order with Interkurier Inc. Deutschland and the customer's claims are limited to the amount of Interkurier Inc. Deutschland's claim for payment against the customer from the underlying order.

(9) In cases where Interkurier Inc. Deutschland complies with reasonable instructions from control authorities, Interkurier Inc. Deutschland shall not be held liable to the Customer, even if the corresponding instructions do not appear to be compatible with the applicable regulations.

(10) The Customer ensures that the transport of special goods does not require any special handling during transport that goes beyond the usual handling and care at MBE Center. Special goods are handled within Interkurier Inc. Deutschland System like any other packages (e.g., there is no separation from other goods, transport can be delayed, packaging can be stored on the floor or outside). Damage caused by the normal and regular transport or loading processes shall in no way constitute any warranty or compensation claims against Interkurier Inc. Deutschland.

(11) Interkurier Inc. Deutschland is hereby authorized to carry out customs clearance on behalf of the Customer or to have it performed by a third party. Regardless of this, compliance with customs regulations is solely the Customer‘s concern. The Customer will reimburse Interkurier Inc. Deutschland, at its request, for any costs, duties, and charges incurred in connection with the customs clearance or, upon request, a sufficient advance on Interkurier Inc. Deutschland. Unless explicitly requested by the Customer, Interkurier Inc. Deutschland will not pay duty on consignments whose consignment location and destination are in the same customs territory. Interkurier Inc. Deutschland assumes no responsibility for the exemption from customs duties of any consignment.

(12) Interkurier Inc. Deutschland shall not undertake any special measures to protect perishable goods against heat or cold. Such goods shall be transported at the sole risk of the Customer. Interkurier Inc. Deutschland reserves the right to dispose of spoiled goods.

(13) The Customer guarantees that no dangerous goods shall be dispatched unless the parties have concluded a special written agreement.

(14) If a money-back guarantee has been given, this shall not apply in particular if a delay is due to an action by customs.

(15) Except claims for damages due to loss of or damage to the goods or due to exceeding the delivery period, claims arising from a service which is subject to the provisions of this section "Shipping and courier service”, insofar as German law is applicable, shall become statute-barred, deviating from §§ 463, 439 HGB (German Commercial Code), within the regular limitation period of three years as per § 195 BGB (German Civil Code) ; the limitation of these claims shall commence in accordance with § 199 Para. 1 BGB (German Civil Code)

(16). The provisions of this section "Shipping and courier service" and contracts concluded in accordance with them shall be governed by the laws of the country in which Interkurier Inc. Deutschland entrusted with the dispatch has its registered office. If the Customer is a merchant, the jurisdiction shall be the registered office of Interkurier Inc. Deutschland to which the order has been placed.

5. Remuneration

(1) All payments, including postage and other payments that Interkurier Inc. Deutschland has to pay to the subcontractor, must be paid in cash and without any deduction for order placement when the ordered goods are delivered or when the agreed services are provided to Interkurier Inc. Deutschland at the latest. The payment is due immediately when invoiced by Interkurier Inc. Deutschland. If an installment payment or partial payment is agreed for a demand of Interkurier Inc. Deutschland and the Customer is in arrears with an installment or partial payment, the outstanding amount is due for immediate payment.

(2) In the event of any delay in payment, the Customer shall reimburse Interkurier Inc. Deutschland for costs, duties, and fees for reminders and recovery of the claim. Otherwise, the statutory provisions shall apply.

(3) The Customer has a right to offset only if his counterclaims have been legally established or recognized by Interkurier Inc. Deutschland.

(4) The Customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

6. Avoidance of risk 

(1) If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred to the Customer when the goods are shipped, with the delivery of the goods to the freight forwarder, the freight carrier, or the person or institution otherwise designated for the consignment.

(2) If the Customer is a consumer, the risk of accidental deterioration and the accidental deterioration of the goods sold will not be transferred to the Customer until delivery of the goods.

(3) The transfer shall be deemed equal if the Customer is in default of acceptance. In addition, in the event of default in acceptance, the statutory provisions shall apply.

7. Liability

(1) Interkurier Inc. Deutschland is only liable for material and property damage caused by a negligent breach of duty in the event of a breach of essentialcontractual obligations (cardinal obligations), but limited to the typical contractual damage foreseeable at the time the contract was concluded. In the case of shipping/mailing and courier services of Interkurier Inc. Deutschland, the liability for loss or damage is limited to proven direct damages up to a maximum of 510 EUR per consignment or 8.33 SDR for each kilogram, whichever is higher; in the case of partial losses or damage, the weight of the affected part of the consignment is taken as a basis.

(2) Any further liability for damages other than as set forth in the preceding paragraphs shall be excluded - without regard for the legal nature of the claim asserted.

(3) Interkurier Inc. Deutschland assumes no liability for any material provided by the customer to Interkurier Inc. Deutschland. This material is stored at Interkurier Inc. Deutschland at the risk and expense of the Customer. Interkurier Inc. Deutschland is not responsible for any loss or damage to the material. If requested, the Customer has to retrieve these materials within a reasonable period, otherwise, they can be outsourced at the expense of the Customer.

(4) The aforementioned limitations of liability also apply for the benefit of the legal representatives, employees and other fulfillment and/or legal aids of Interkurier Inc. Deutschland according to reason and amount.

8. Warranty

(1) If the customer chooses to withdraw from the contract due to a defect in title or quality after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect.

(2) If the Customer chooses compensation after a failed supplementary performance, the goods or movable object to be produced or manufactured shall remain with the Customer, if this is reasonable. The compensation shall be limited to the difference between the remuneration paid and the value of the defective item. This does not apply if Interkurier Inc. Deutschland has caused the breach of the contract fraudulently.

(3) For entrepreneurs, the warranty period is one year from delivery/transfer of the goods; for consumers, it is two years from delivery/transfer of the goods.

(4) If the Customer is an entrepreneur, only the product description of the manufacturer is deemed the agreed condition of the goods. Furthermore, public statements, promotion, or advertising by the manufacturer do not constitute a contractual specification of the quality of the goods.

(5) The Customer is not granted any guarantees in the legal sense by Interkurier Inc. Deutschland unless a different agreement has been made in writing. Manufacturing guarantees remain unaffected.

9. Privacy

(1) Interkurier Inc. Germany provides its services under these terms and conditions in accordance with the provisions of the Federal Data Protection Act (BDSG).

2) Furthermore, Interkurier Inc. Germany and its employees are obliged to treat as confidential all data obtained through the execution of the contract, especially operational or business secrets of the customer viewed during the execution of shipping services, and not to pass them on to third parties.

(3) The customer hereby expressly agrees that the data collected by Interkurier Inc. Germany for the fulfillment of the order, including personal data, may be processed and stored automatically and used by Interkurier Inc. Germany in accordance with the statutory provisions.

10. Final provisions

(1) The Customer is aware that individual services are not supplied by Interkurier Inc. Deutschland itself, but by authorized third parties on behalf of Interkurier Inc. Deutschland (e.g., offset printing, digital printing, shipping, and courier services, etc.) The Customer consents to the service provided by the third party and the auxiliary organizations assigned to it by Interkurier Inc. Deutschland. The GTC of the respective third party shall apply as contractual content mutatis mutandis to these GTC between the Customer and Interkurier Inc. Deutschland, which the Customer confirms and affirms with the order to Interkurier Inc. Deutschland. The respective GTC for the graphic arts and for services, which are attributable to the freight and forwarding business, the „ADSp“ as amended, are subordinate to these GTC and any GTCs of the third party, and apply between the Customer and Interkurier Inc. Deutschland.

(2) Changes, additions to the business relationship of the Customer and Interkurier Inc. Deutschland require the written form and concern only the respective individual business case, unless otherwise agreed. The written requirement also applies to the agreement on the departure of this preliminary formal requirement.

(3) German law shall apply to all legal relations of the Contracting Parties without the provisions of German Private International Law, unless otherwise stated in paragraph 9 above. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

(4) If the Customer is a merchant, a legal person of public law, or a public special fund, the exclusive jurisdiction for all disputes arising from this contract shall be the registered office of MBE Center to which the order has been placed.

(5) Should any of the present or future provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In this case, the ineffective or impracticable provision shall be replaced by an effective and enforceable provision which comes closest to the control objectives pursued with the invalid or unenforceable provision. The same applies to the interpretation of contractual contents that are not expressly regulated in these GTC and to the subsidiary provisions, and to the fulfilment of any contractual gaps.