Conditions

§ 1 Scope

These conditions apply to all services that shipcloud GmbH provides independently or with the involvement of third parties after being commissioned via its online platform shipcloud.com. They apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that shipcloud GmbH has expressly agreed to their validity in individual cases. This requirement for consent applies in any case, for example even if shipcloud GmbH carries out the service for the customer without reservation, knowing the general terms and conditions of the customer.

§ 2 Definitions

Client within the meaning of these conditions is any entrepreneur or any company or institution that uses the services of shipcloud GmbH. The shipcloud GmbH offer is not aimed at consumers. Recipient within the meaning of these conditions is any natural or legal person named by the client as recipient. Consignment(s) within the meaning of these conditions are the goods to be transported.

§ 3 Provision of Services

shipcloud GmbH provides a platform via shipcloud.com that can be integrated into existing systems. This platform is provided and operated by shipcloud GmbH as Software as a Service. With this software, all relevant shipping service providers can be integrated into the customer’s systems via a single interface in such a way that the customer can automatically create shipping and return labels and track shipments. The shipcloud GmbH platform has the functions described in the online documentation. The data is transmitted by the client by addressing the interface function in the shipcloud GmbH data center or by entering it in the web form provided. The connection of the customer’s systems to the platform is not part of the service provision. The service obligation of shipcloud GmbH is limited to the forwarding of the data entered via the platform to the respective transport company as (sub)carrier with unchanged content and the forwarding of the data received from the transport company as (sub)carrier for the client to the unchanged content client. shipcloud GmbH is not responsible for the accuracy and completeness of the data to be transmitted.

§ 4 Conclusion of contract

(1) The use of the shipcloud GmbH platform requires registration. The client is obliged to provide the data requested during registration correctly and completely. This also includes depositing a payment method along with the payment data required for collection for the selected payment method. Any sales tax identification number (or its respective country-specific equivalent, such as the VAT number in Switzerland) must also be provided, unless there is an exemption from any sales tax liability and a sales tax identification number is not issued as a result – even on application . By not providing a sales tax identification number (or its respective country-specific counterpart), the client confirms that he is exempt from any sales tax liability in his tax area. After registration, the client receives an access code and password. The contract has thus been accepted by shipcloud GmbH. Access ID and password must be protected against unauthorized access by third parties.

(2) If a contractual relationship between shipcloud GmbH and the customer already exists/existed and the corresponding services were shut down at the expense of the customer as a result of the disregard of these contractual conditions in accordance with paragraph 10 or if the contractual relationship was then terminated, the conclusion of a (further/ new) contract with the client or the actual sender/account user (for the purpose of circumventing the suspension/termination).

§ 5 Duration of contract

(1) Unless otherwise expressly agreed, the contract period is one month from the agreed start date of the contract and is automatically extended by one month unless the contractual relationship is terminated by one of the contracting parties by the end of the current contract month.

(2) This does not affect the right to extraordinary termination for important reasons. In particular, shipcloud GmbH is entitled to do so if the customer makes unauthorized interventions in the shipcloud GmbH platform, violates the conditions listed in paragraph 6 or repeatedly fails to meet his payment obligations despite a reminder.

(3) The cancellation of the direct debit agreement, the withdrawal of the SEPA direct debit mandate, the loss of validity of the stored means of payment (e.g. expiration of the credit card) or the deletion of the stored payment data does not constitute a termination on the part of the client. An express and justified termination of the contractual relationship is always required.

§ 6 Right of Use

(1) The customer and the users set up by him receive the non-exclusive right, limited to the usage time or contract period, to access the software functionalities via the Internet. The customer and the users set up by him do not receive any further rights.

(2) The customer is not entitled to use the software beyond the use permitted in accordance with this contract or to have it used by third parties or to make it accessible to third parties. In particular, the client is not permitted to duplicate or sell the software or parts thereof.

(3) The client is responsible for all accesses set up in his company and must also pay the prices incurred by the users set up and thus authorized by him. The same applies in the case of unauthorized use by other third parties if and to the extent that the customer is responsible for this use.

(4) Upon request, the customer must provide shipcloud GmbH with all information on the assertion of claims against third parties, in particular their name and address and the nature and scope of their claims against them from the unauthorized program transfer.

(5) shipcloud GmbH reserves the right to restrict access to the system in the event of excessive use of the platform, for example DDoS attacks and incorrect programming of the system connection on the part of the customer.

(6) In order to ensure the optimal performance of the shipcloud GmbH API and to ensure that all customers have an optimal user experience, the client is obliged to control/optimize the use of the shipcloud GmbH API by the users set up by him and to a so-called “fair use” volume. Fair Use is defined as not using the API excessively. If the client uses the API excessively, shipcloud GmbH can restrict access to its API without warning.

§ 7 Updates

shipcloud GmbH can make changes to the shipcloud GmbH platform (updates and/or new versions) or have them made at any time, even without the consent of the customer. shipcloud GmbH undertakes to make these changes in such a way that the contractually guaranteed services are not impaired to an unreasonable extent.

§ 8 Prices/fees for using the shipcloud platform

The prices and fees shown on the shipcloud GmbH platform apply (user fees/fees plus statutory VAT). The client is obliged to pay the contractually agreed fee for each service. shipcloud GmbH expressly reserves the right to make changes, whereby fees for services already purchased remain unaffected.

§ 9 Invoicing / Payment

(1) Unless individual terms of payment have been agreed, any monthly or transaction-based usage fees/fees for the platform will be billed monthly.

(2) The implementation of an upgrade to a plan with higher monthly-based usage fees/fees or an upgrade/change to a plan with transaction-based usage fees/fees always triggers an (interim) billing of monthly or transaction-based usage fees/fees at the time of the upgrades/exchanges.

(3) The client can usually make the payment via PayPal, credit card or SEPA direct debit (individual payment methods are not available in all countries (currencies) / for all customers). Payment on account requires an express individual agreement. shipcloud GmbH reserves the right to refuse/withdraw the client from (possibly further) use of individual payment methods (e.g. as a result of an increased credit risk on the part of the client). If a submitted direct debit is returned for reasons for which the client is responsible, shipcloud GmbH can reclaim any costs incurred as a result from the client. The same applies to payment by PayPal or credit card. In the above cases, a service fee will be charged according to the table of fees on the shipcloud GmbH website.

(4) The client will check each invoice for accuracy and raise possible objections within 4 weeks of receipt of the invoice. After the deadline, objections are excluded.

(5) The customer agrees that shipcloud GmbH sends invoices electronically. The invoices are sent as a file attachment to the customer’s email address.

§ 10 Default / Missing Payment Method

(1) In the event of default in payment, shipcloud GmbH is entitled, after a prior reminder with a deadline, to shut down the services at the expense of the customer. In the case of repetition, paragraph 5, paragraph (2) applies. The obligation to pay the usage fees/fees remains unaffected.

(2) If the direct debit agreement is terminated, the SEPA direct debit mandate is withdrawn, the stored means of payment is no longer valid (e.g. the credit card expires) or the stored payment data is deleted during the contract period, shipcloud GmbH is entitled to shut down the services at any time at the expense of the customer to put. The obligation to pay the usage fees/fees remains unaffected.

(3) shipcloud GmbH reserves the right to assert further claims due to default in payment.

§ 11 Data collection/protection

When collecting and processing data, shipcloud GmbH observes the applicable data protection regulations and the data protection regulations that can be accessed via the hyperlink on the shipcloud GmbH website. shipcloud GmbH and the client conclude an agreement on order processing.

Section 12 Liability

(1) The liability of shipcloud GmbH is based on the statutory provisions.

(2) In the case of simple negligence, shipcloud GmbH is only liable for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the client regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage and the amount of the total remuneration paid by the client to shipcloud GmbH up to the occurrence of the damage, but no more than the total remuneration for the previous 12 months. Liability for lost profits is excluded. Liability for intent, gross negligence and injury to life, limb or health remains unaffected.

(3) shipcloud GmbH is not liable for the functionality of any standard integrations used by the customer in the software of shipcloud GmbH that were provided by third parties.

(4) shipcloud GmbH is not liable for any defects that can be proven to have arisen as a result of the integration of the shipcloud GmbH software into the customer’s system environment under his responsibility.

(5) shipcloud GmbH is not liable for the incorrect creation of shipping and return labels that can be traced back to poor data quality of the data transmitted by the customer.

(6) shipcloud GmbH is not liable for the functionality of the third-party systems of the shipping service providers used by shipcloud GmbH to create labels and track shipments.

(7) shipcloud GmbH is not liable for damage resulting from the loss of data or the use of defective data from the client.

(8) shipcloud GmbH is not liable for third-party claims arising from the storage of data by the customer on shipcloud.com.

(9) If defects caused by shipcloud GmbH occur that lead to a loss or severe impairment of the contractually guaranteed use, shipcloud GmbH is obliged to remedy the defects. However, insignificant deviations from the functionality do not constitute a defect.

§ 13 Miscellaneous

(1) The client can neither assign nor pledge claims against shipcloud GmbH; Monetary claims are excluded. Offsetting is only permitted with legally established or undisputed claims.

(2) shipcloud GmbH is entitled to change the General Terms and Conditions if there are good reasons for doing so, in particular due to new technical developments and changes in the legal situation, supreme court decisions, the economic situation, market conditions or other equivalent reasons. The amended General Terms and Conditions will be sent to the customer by email no later than 1 month before they come into force. If the customer does not object to their validity within two weeks after receipt of the e-mail, the changed general terms and conditions are deemed to have been accepted. The two-week period will be separately pointed out in the course of the transmission of the amended General Terms and Conditions by email. The changed General Terms and Conditions will also be published on the shipcloud GmbH website.

(3) Place of jurisdiction is Hamburg, Germany.

Special conditions when using transport services

If transport services are booked in addition to the use of the shipcloud platform by the customer, the following special conditions apply in addition to the general conditions of §§ 1 to 13 above when using transport services. The following §§ 14 to 21 only apply to these services.

§ 14 Optional provision of transport services

(1) shipcloud GmbH also organizes logistics services as a carrier. To provide the service, shipcloud GmbH uses well-known, internationally active transport companies as sub-carriers. shipcloud GmbH will commission the sub-carrier designated by the client to carry out the transport of the shipment. The sub-carrier is free to commission subcontractors. shipcloud GmbH and its sub-carriers are free to choose the transport routes and means. Compliance with certain delivery times is not owed as a rule. Instructions given by the client after a shipment has been handed over do not have to be followed. §§ 418 and 419 HGB do not apply.

(2) The delivery to the recipient named by the customer is usually made by personal delivery. Forms of contactless delivery are permitted at the request of the customer or through standard industry solutions from the transport service provider in connection with the corona pandemic. Shipments to recipients in community facilities can be delivered to a person authorized by the management of the facility to receive shipments. The client agrees that the delivery can also be made to such persons who, given the circumstances, can be assumed to be entitled to accept the shipment. This includes in particular relatives of the recipient or his spouse, household employees, roommates and neighbors of the recipient. After an unsuccessful delivery attempt, shipcloud GmbH also has the right to have the shipment deposited in a parcel shop of one of its service providers and to notify the recipient of the deposit, which counts as delivery. shipcloud GmbH is entitled to use electronic means to confirm receipt. If the shipment cannot be delivered in the manner described, a maximum of 2 further delivery attempts will be made for national and international delivery. After that, the shipment is considered undeliverable. Shipments are also considered undeliverable if the wrong recipient is specified and shipments that are refused. shipcloud GmbH will return undeliverable shipments to the customer in Germany at the customer’s expense. If an undeliverable shipment cannot be returned to the customer, shipcloud GmbH is entitled to open it. If the client or another authorized person cannot be identified or if delivery or return of the shipment is not possible or reasonable for other reasons (e.g. because the client refuses to assume the costs or such a refusal – for example as a result of shipcloud GmbH’s already outstanding claims against the client – is to be assumed), shipcloud GmbH can use, destroy or sell the shipment in accordance with the statutory provisions at the expense of the client.

§ 15 Conclusion of Contract for Transport Services

(1) A contract of carriage is established between shipcloud GmbH and the respective client of the freight-carrying logistics services. It only comes about with binding acceptance of the customer’s offer to conclude a contract by shipcloud GmbH in writing or electronically. shipcloud GmbH is free to reject an offer at any time and without giving reasons.

(2) shipcloud GmbH under no circumstances concludes transport contracts for goods excluded from transport (§ 18). If shipcloud GmbH becomes aware of the transport of goods that are excluded from transport, it is entitled to refuse further transport and/or to demand a reasonable premium from the customer. shipcloud GmbH refuses to organize the transport of shipments to recipients that are included in sanctions and/or embargo lists or are subject to a ban on cooperation. shipcloud GmbH is entitled to request information from the client about the content of the shipment even after the shipment has been taken over by a third party commissioned by it. If the customer refuses to provide the information or if the information cannot be obtained in good time, shipcloud GmbH is free to check the content of the shipment with regard to the transport exclusions mentioned in § 18 or to have it checked by third parties commissioned by shipcloud GmbH.

(3) In addition to these GTC, the provisions of the HGB and the General German Forwarding Conditions (ADSp) apply, each in their latest version. In the event of contradictions, the General Terms and Conditions take precedence.

§ 16 Prices/fees for transport services

(1) For the transport services obtained via shipcloud, the current tariffs of the respective transport company, which can be called up in the webUI of shipcloud GmbH, apply to the specific purchase.

(2) If the customer buys shipping labels via the shipcloud GmbH WebUI, the customer owes the stated price/fee (plus statutory VAT) from the moment the shipping label is created. If shipping labels are generated via the API, the customer owes the price/fee shown on the shipcloud GmbH platform or according to the offer as soon as the create_shipping_label=true parameter is specified during generation. If a transport is commissioned using the shipping service provider DHL as part of a transport contract between shipcloud GmbH and the customer, shipcloud GmbH grants customers the option of deleting/cancelling shipping labels that have already been created/purchased, provided that the deletion/cancellation – using the corresponding deletion/ Cancellation function on the online platform shipcloud.com – before 18.00 CET on the calendar day of the creation/purchase of the shipping label. Shipping labels deleted/cancelled according to these rules will not be charged to the client. If a transport is commissioned using a shipping service provider other than DHL within the framework of a transport contract between shipcloud GmbH and the customer, shipcloud GmbH grants customers the option of deleting/cancelling shipping labels that have already been created/purchased, provided that the deletion/cancellation – using the corresponding deletion -/cancellation function on the shipcloud.com online platform – before midnight CET on the calendar day of the creation/purchase of the shipping label. Shipping labels deleted/cancelled according to these rules will not be charged to the client. The option of deleting/cancelling shipping labels that have already been created/purchased after the deadlines specified in the two previous paragraphs has expired is expressly excluded. The cancellation of shipping labels does not affect the obligation to pay the user fees for using the shipcloud platform.

(3) shipcloud GmbH is entitled to charge an additional fee if the details of an order placed are incorrect when the selected transport company is checked, addresses are incorrect, maximum package dimensions or weight specifications are exceeded and/or shipments are/are insufficiently packed.

In the event of additional charges, shipcloud GmbH will pass on the shipping service provider’s fees to the client. shipcloud GmbH also reserves the right to charge service surcharges depending on the effort involved.

(4) shipcloud GmbH is also entitled to charge an additional fee if the conditions of Section 19 are not complied with by the client.

(5) The customer is obligated to bear the costs for processing returns that are incurred as part of the return to the customer.

§ 17 Invoicing, payment

§ 9 of the General Terms and Conditions applies accordingly to optional transport services. shipcloud GmbH reserves the right to (interim) billing of transaction-based user fees/fees and freight-carrying logistics services without fixed billing cycles.

§ 18 Exclusions

(1) The following are excluded from carriage:

• Goods of particular value, in particular precious metals, genuine jewellery, precious stones, genuine pearls, antiques, works of art or other valuables, provided that they are excluded from carriage in accordance with the general terms and conditions and/or the terms and conditions of carriage of the executing transport company or their value exceeds that in accordance with the general terms and conditions and/or the transport conditions of the executing transport company for the transport exceeds the maximum permissible value for this group of goods; in addition, the General Terms and Conditions and/or Conditions of Carriage of the executing transport company apply;
• Money, coins, deeds, documents, securities and other goods of monetary value (e.g. credit, check and telephone cards), provided that they are excluded from carriage in accordance with the general terms and conditions and/or the conditions of carriage of the executing transport company, or their value exceeds the general terms and conditions terms and conditions and/or the conditions of carriage of the executing transport company for the transport exceeds the maximum permissible value for this group of goods/consignments; in addition, the conditions of carriage of the executing transport company are decisive;
• insufficient non-commercially packaged shipments that do not comply with the general terms and conditions and/or the conditions of carriage and/or the packaging guidelines of the executing transport company;
• all shipments that have a value in excess of the maximum value specified for the carriage in accordance with the general terms and conditions and/or the conditions of carriage of the operating carrier;
• Shipments whose content, transport or external design violate legal or official regulations;
• firearms, explosives, drugs, tobacco;
• Shipments that are likely to injure people or cause property damage, perishable goods, live or dead animals, medical or biological test material, medical waste, human remains, body parts or organs;
• other dangerous goods, the transport of which is subject to dangerous goods regulations, insofar as this is not permitted under the “Regulations for the Transport of Dangerous Substances and Items”, unless this was handed over after consultation and on the basis of a corresponding special agreement; § 410 HGB remains unaffected;
• in the case of cross-border transport: goods whose import or export is prohibited by the guidelines of the respective shipping, transit or destination countries or is dependent on special permits;
• Shipments to natural or legal persons as well as legal persons under public law who are on sanctions lists or are subject to embargo measures;
• Goods that do not comply with intellectual property laws.

(2) If the transport service provider UPS is chosen, the shipping of alcoholic beverages of any kind is excluded from the carriage. For an additional charge, shipcloud GmbH can agree on a regulation that deviates from this exclusion of carriage with regard to shipping with UPS. Shipping via the other shipping service providers offered is not affected by this regulation.

(3) In addition, exclusions that go beyond these carriage exclusions according to the general terms and conditions and/or conditions of carriage of the executing transport company are decisive.

(4) The acceptance of excluded goods does not constitute a waiver of the exclusion from carriage. shipcloud GmbH reserves the right to refuse further carriage if it becomes aware of a carriage exclusion after acceptance of the goods. In these cases, shipcloud GmbH is entitled to use the transported goods at its discretion at the expense of the customer or to destroy them to avert danger. In addition to the cases regulated by law, the customer is liable for all direct or indirect damage caused by the shipment of excluded goods, as well as for all consequences arising from an inadmissible cross-border parcel shipment and violations of export, import or customs regulations.

§ 19 Validity of Purchased Shipping Labels

(1) If a transport is commissioned using the shipping service provider DHL as part of a transport contract between shipcloud GmbH and the customer, the shipping labels (excluding returns) are valid for ten days from the time they are created on the shipcloud GmbH platform. The customer is thus obliged to transmit the shipment data (excluding returns) to shipcloud GmbH no more than 10 days in advance, ie before delivery to / collection by DHL, for the purpose of creating the shipping labels. In addition to the time stamp of the creation of the shipping label in the shipcloud GmbH system, the first scan by DHL is decisive. If the customer violates this, shipcloud GmbH is entitled to assume the maximum permissible weight for the affected packages and to make a subsequent calculation or to invoice the shipping again.

(2) If transport is commissioned using a shipping service provider other than DHL within the framework of a transport contract between shipcloud GmbH and the customer, the shipping labels (excluding returns) are valid for thirty days from the time they are created on the shipcloud GmbH platform. The customer is thus obliged to transmit the shipment data (returns excluded) to shipcloud GmbH no more than thirty days in advance, ie before delivery to / collection by the shipping service provider, for the purpose of creating the shipping labels. In addition to the time stamp of the creation of the shipping label in the shipcloud GmbH system, the first scan by the shipping service provider is decisive. If the customer violates this, shipcloud GmbH is entitled to assume the maximum permissible weight for the affected packages and to make a subsequent calculation or to invoice the shipping again.

(3) Shipping labels for returns are valid for one hundred and twenty days from the date of creation via the shipcloud GmbH platform when transport is commissioned independently of the shipping service provider within the framework of a transport contract between shipcloud GmbH and the customer. The customer is thus obliged to transmit the shipment data for returns to shipcloud GmbH no more than 120 days in advance, ie before delivery to / collection by the shipping service provider, for the purpose of creating the shipping labels.

§ 20 Obligations to cooperate

(1) The customer must select the product at his own discretion. The customer must provide all information required for the transport, delivery and billing of the shipment correctly, completely and in good time. Instructions from the client are only binding for shipcloud GmbH if they are given in the manner specified for the product. If necessary, the customer must affix sufficiently and correctly filled-in stickers to the shipment in a clearly visible manner.

(2) The customer is responsible for ensuring that address labels are properly attached to the transport item in accordance with the specifications of the selected transport company and that there is no risk of the shipment being mixed up. This also includes the obligation to print the shipping labels in compliance with the minimum specifications of the transport company for print quality (usually at least quality grade “B” according to ISO/IEC 15416). If the customer culpably breaches this duty of care, he must reimburse shipcloud GmbH for any resulting damage.

(3) It is the customer’s responsibility to insure his shipment against loss, damage, etc. as best as possible. The client guarantees that his shipment is ready for collection at an easily accessible location.

(4) The number, weight and dimensions of the packaged consignment must correspond to the information given when the order was placed.

(5) Parcels that are particularly heavy must be marked accordingly in accordance with the specifications of the shipping service provider.

(6) It must not be possible to draw any conclusions about the content or the value of the goods from the outer packaging. Labeling of the packaging with the packaged goods, e.g. with a product image or a conspicuous label, is not permitted. The client / sender may only use neutral cardboard boxes and sealing materials. Labeling the packaging or the adhesive tape with the company name or the logo or brands of the client / sender is permitted.

(7) The shipments are to be labeled in such a way that clear identification is made possible, in particular the sender and recipient are clearly identifiable.

(8) The customer must use suitable and secure packaging to ensure that the shipment cannot be damaged during transport and that no damage occurs to shipments from third parties during transport; in addition, that access to the content is excluded, as well as that it is protected against loss.

(9) §§ 410, 411 HGB must be observed. If a shipment does not meet the requirements of paragraph (7) above, shipcloud GmbH is entitled to refuse transport or to return a shipment that has already been accepted to the customer or to hold it ready for collection.

(10) If goods (electronic devices, e.g. smartphones) have a technical remote switch-off that makes them unusable or at least restricted/difficult to use, the customer / sender will immediately use such a mechanism to reduce damage and deter in every case of loss. In addition, the client / sender takes all other precautions that make it easier to identify the goods in the event of loss and prevent or at least make it more difficult to misuse them, e.g. by blocking SIM cards, stating serial numbers or IMEI numbers.

(11) The client / sender must choose a form of delivery that complies with the provisions of the protection of minors, provided that goods are subject to corresponding specifications (e.g. a specified minimum age).

Section 21 Liability

(1) shipcloud GmbH is liable under the same conditions that the transport company selected by the customer and commissioned by shipcloud GmbH bases its services on for the order placed. The liability conditions can be viewed on the respective website of the transport company or obtained from shipcloud GmbH. In relation to shipcloud GmbH, the client recognizes the conditions of the executing transport company as legally binding. If these liability conditions do not apply in individual cases, shipcloud GmbH is liable for national transport in accordance with §§ 407 ff. HGB; for cross-border carriage by road according to Articles 17 et seq. of the CMR Convention or for air carriage according to the provisions of the Warsaw Convention / the Montreal Convention, whereby Art. 25 MC is excluded.

(2) When shipping valuables, the liability limit is increased to the declared value by correctly declaring the value of the shipment and by paying the surcharges charged by shipcloud GmbH for this purpose. By failing to make a declaration of value, the client declares that the shipment does not exceed the basic liability.

(3) shipcloud GmbH is liable in the event of loss of or damage to shipments in accordance with the conditions or in the event of other culpable breach of duty to the extent of the direct damage typical of the contract within the legal liability limits, in the event of loss, damage or culpable violation of other obligations in the case of conditional and not However, shipments that are excluded as prohibited goods are not limited to the statutory liability limits if the damage in the case of parcel shipments does not amount to more than EUR 500.00. Liability is generally excluded for national Warenpost shipments – with the exception of liability under Section 435 of the German Commercial Code. The customer bears the sole responsibility and risk for all consequences resulting from an inadmissible shipment of goods, in particular from the shipment of excluded shipments. In addition, the client is liable for all consequences arising from an inadmissible cross-border shipment of goods, in particular from violations of export, import or customs regulations.

(4) Shipcloud GmbH is not liable for indirect damage and consequential costs (in particular losses, lost profits and expenses for substitute measures), regardless of whether shipcloud GmbH was informed of the risk of such damage before or after acceptance of the shipment . Furthermore, there are the statutory exclusions and limitations of liability (in particular §§ 425 Para. 2, 427, 432, Sentence 2 HGB, Art. 17 Para. 4, Art. 18 CMR). Shipcloud GmbH is also not liable for damage that occurs in the course of contractual shipment inspection. The client or recipient must report externally visible damage immediately upon delivery, externally invisible damage at the latest within seven working days after delivery of the shipment and describe the damage precisely. Failure to do so will presume that the damage was not present upon delivery. A shipment that is not delivered within 20 days nationally and within 30 days internationally of collection is considered lost. Claims by the customer and the recipient become time-barred in accordance with Section 439 of the German Commercial Code or, in the case of cross-border transport, in accordance with Article 32 of the CMR. I.Ü. the statutory limitation periods apply.