banbutsu Courier – Terms and Conditions

as of February 2021

Preamble

banbutsu dcp GmbH, Wallstraße 14a, 10179 Berlin, Germany ("banbutsu") offers the brokerage of courier services via the banbutsu Courier app ("banbutsu Courier" or "courier service") on the Shopify platform. banbutsu courier can be integrated by Shop operators ("Shop" or "Shops") into their online shop to enable shop customers to receive same-day delivery of ordered goods.

1. Validity of these Terms

Terms and conditions of a Shop that deviate from these Terms shall only become part of the contract if banbutsu expressly recognises them in writing.

2. Prices & Additional Fees

2.1. All fees for using banbutsu Courier are included in the fares (except for any waiting times, see section 2.4).

2.2. The delivery fare is calculated based on Zones.

A Zone is defined by a union of ZIP-codes (‘Business Area’).

The following matrix applies:

  • Pick-up in Zone A and delivery to Zone A: 11,68 EUR net
  • Pick-up in Zone A and delivery to Zone B: 15,04 EUR net
  • Pick-up in Zone B and delivery to Zone A: 15,04 EUR net
  • Pick-up in Zone B and delivery to Zone B: 17,56 EUR net

If you want to check a ZIP-Codes Zone, visit
https://banbutsu.com/#retailer.
The actual driving distance within a Zone is not relevant for the fare calculation.

Further, the actual cost table can vary depending on:

  • the products to be transported in terms of size and weight (optional)
  • the desired vehicle category (optional)

As these are currently considered custom requirements, banbutsu will create a unique cost table in alignment with the merchant upon request.

2.3. The current business areas are in Berlin, Düsseldorf, Frankfurt a.M., Hamburg, Cologne, Munich and Stuttgart.

2.4. Waiting times beyond the normal 2-3 minutes for collection by the driver will be charged as additional fees on the monthly bill. Shops must ensure that deliveries are prepared when the driver arrives. The exact charge for delays varies depending on the transport company used, but is usually between €2 and €5 per trip.

3. Invoicing and payment deadline

3.1. banbutsu sends the invoice to the Shop monthly by e-mail to its billing e-mail address. The invoice lists the number of journeys per route.

3.2. The fees are due immediately and without deduction upon receipt of the invoice.

3.3. If the Shop does not pay even after a reminder, banbutsu is entitled to charge a reminder fee of € 5.00 for the second reminder as well as interest on arrears in the amount of 9% above the respective base interest rate. The assertion of further damage caused by default remains unaffected by this. In addition, the Shop undertakes to reimburse the costs incurred by the involvement of a collection agency for the collection of the overdue invoice amount in the amount of a full lawyer's fee plus a flat rate for expenses in accordance with BRAGO. If the Shop has objections to the invoice issued, these must be raised in writing within fourteen (14) days, at the latest, however, after receipt of the first reminder. After expiry of this period, the invoices shall be deemed accepted.

4. Service

4.1. banbutsu arranges transport services for the Shops via the banbutsu Courier app and has them carried out by transport companies (referred collectively as "courier service").

4.2. In principle, all consignments suitable for transport by bicycle, motorbike, car and other motor vehicles can be transported. The transport of persons and cash is excluded. Also excluded is the transport of weapons, drugs or other illegal goods (in particular the delivery of age-restricted goods such as alcohol or tobacco to minors). Dangerous goods or goods and substances that are classified as dangerous goods according to legal regulations must be declared as such by the Shop for transport. If the Shop fails to declare and register dangerous goods for transport, the general exclusion of the carriage of dangerous goods applies. On request, jewellery, works of art and valuables can also be transported, however, liability for these transports is excluded, with the exception of liability for intentional and grossly negligent breaches of duty.

4.3. The object of a transport order is the organisation, collection and delivery of the goods to be transported to the Shops' customers or an appointed third party ("Consignee"). Unless the Shop expressly requests personal handover to the customer, all consignments may also be handed over to other persons found at the customer's address. Written delivery receipts, acknowledgements of receipt or similar will only be requested at the express request of the recipient. The printout of the reproduction of the recipient's signature in digitalised form and, if applicable, the section of the routing card signed by the recipient shall be deemed proof of delivery.

4.4. It is the responsibility of the Shop to hand over the item to be transported in packaging suitable for transport or storage. Each item intended for transport must be fully and clearly addressed and, if applicable, marked as a consignment requiring special handling.

4.5. The acceptance and execution of a transport order shall take place as soon as the traffic situation and the disposition of the individual means of transport permit. Compliance with specific delivery dates is only owed if this has been expressly agreed. Force majeure, such as natural disasters, weather and weather-related obstacles, official prohibitions and obstructions, unforeseeable closures, strikes, extraordinary traffic disruptions or missing or insufficient documents when the order was placed or additional instructions affecting the transport process, shall release the courier service from any promise of delivery times.

5. Liability

5.1. General

5.1.1. The courier service shall only be liable for damages, irrespective of the legal grounds, including tort, to the extent that these

5.1.1.1. are caused by culpable breach of essential contractual obligations (so-called cardinal obligations) by the courier service in a manner that jeopardises the achievement of the purpose of the contract, or

5.1.1.2. are due to gross negligence or intent on the part of the courier service.

5.1.2. If the courier service is liable for the breach of an essential contractual obligation without gross negligence or intent, the liability shall be limited to the foreseeable damage typical for the contract. As a rule, this amounts to € 1,000.00 (see clause 5.3.).

5.1.3. If the courier service is liable under clause 5.1.2 for gross negligence or intent on the part of employees who are not managing directors of the courier service, the liability of the courier service is also limited to the maximum amount stated in clause 5.1.2.

5.1.4. The courier service is not liable for indirect damage, consequential damage, lost profit or the reimbursement of futile expenses, unless these are based on intent or gross negligence on the part of the managing directors of the courier service.

5.1.5. The exclusion or limitation of claims under the above clauses also applies to claims against employees and agents of the courier service.

5.1.6. The exclusion of liability of the courier service does not apply with regard to damages arising from injury to life, body or health or an assumed guarantee.

5.1.7. If a shop is also responsible for the damage, the shop must allow its contributory negligence to be taken into account. Within the scope of its duty to minimise damage, the shop must in particular ensure suitable packaging (see clause 5.4).

5.2. Notification of damage. The courier service must be notified of recognisable damage and shortfalls immediately upon acceptance of the goods to be transported by the recipient. Damage or shortages that are not immediately recognisable must be reported to the courier service immediately after their discovery, but at the latest within seven days after acceptance of the goods to be transported by the recipient. General reservations such as "not inspected" or "subject to reservation" upon acceptance by the recipient shall not be deemed to be notification of damage or missing quantities. The absence of delivery notes must be reported to the courier service within three days of delivery. support.live@banbutsu.com (Please link) may be used for the notification. If the deadlines specified in this clause 5.2 are not met, liability on the part of the courier service is excluded.

5.3. Maximum limits. The courier service shall be liable for each consignment in the event of loss of or damage to the goods in transit in the period from takeover with a compensation payment up to an amount of € 1,000.00, but not exceeding the value of the damaged or lost goods - in each case per consignment. The Shop can increase this maximum limit by taking out appropriate transport insurance at its own expense. The compensation described above will not be granted if the goods are insured for transport by a third party (e.g. the Shop or the recipient). The amount of the desired insurance sum must be specifically quantified. For films, DVDs and other data carriers, liability is limited to the material value. For valuables, jewellery and works of art, additional insurance or a complete exclusion of liability must be agreed in writing between the Shop and the courier service before transport and in relation to the consignment.

5.4. Special cases, packaging. Liability is excluded if the loss, damage or exceeding of the delivery time is due to circumstances which the employees of the courier service, the commissioned companies and transport companies could not avoid even with the greatest care and the consequences of which they were unable to avert. Liability for breakage damage to glass, porcelain and similar breakage-sensitive goods or parts of equipment is excluded, unless expressly agreed otherwise in individual cases, unless there is intentional or grossly negligent damage by employees of the courier service, the commissioned companies and transport companies. Technical devices, models and comparable goods must be properly secured against impact and shock in boxes or cartons with sufficient inner packaging.

5.5. Statute of limitations. All claims against the courier service, commissioned companies, transport companies and vicarious agents of the courier service, irrespective of the legal grounds, shall become statute-barred after one year, in the case of intent after three years. The limitation period begins when the claim becomes due, at the latest when the goods are delivered, in the case of loss when the loss becomes known.

5.6. In all other respects, the limitations of liability pursuant to the HGB (Handelsgesetzbuch) and the ADSp (Allgemeine Deutsche Spediteurbedingungen) shall apply.

6. Applicable law and place of jurisdiction

6.1. These terms and conditions shall be governed by and construed in accordance with German law. These conditions are not subject to the United Nations Conventions on the International Sale of Goods, the application of which is expressly excluded.

6.2. The exclusive place of jurisdiction for all disputes arising from or in connection with the Terms and Conditions is Berlin.

7. Other

7.1. Each party may only advertise its business relationship with the other party with the prior written consent of the other party, in particular by naming or using the company name and/or logo of the other party.

7.2. Verbal collateral agreements do not exist. These terms and conditions and each individual contract may only be amended, replaced or supplemented in writing.

7.3. A reference to a written form requirement within these Terms and Conditions shall be understood as "text form" within the meaning of Section 126b of the German Civil Code (BGB); i.e. in particular that transmission by fax or e-mail shall suffice.

7.4. Any headings used in these terms and conditions are for convenience only and shall not affect the interpretation of the terms and conditions.

7.5. If any provision of these Terms and Conditions is held to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In such a case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic content of the invalid or unenforceable provision.

8. FAQ

8.1. Can a booking be cancelled?
Yes, bookings can be cancelled up to the start of the dispatch process (by default 16:00).

8.2. Who decides which driver or vehicle is booked?
banbutsu Courier makes a decision based on our shipment intelligence, taking into account parcel dimensions, weather, delivery distance and many other attributes. If you would like to focus on a specific type of vehicle (e.g. bicycles only), please contact us and we will see what we can do.

8.3. Can I manage multiple shops and collection locations?
Yes, we support multiple shops as long as they are in different cities. If you have multiple shops in the same city, please select the most central and best equipped one to collect all regional orders from.

8.4. What happens if a client is not at home?
In the onboarding process, we will ask you to confirm a strategy when a client is not at home and the following actions have not been successful.

8.5. I have questions about the bill, who should I contact?
Contact invoice@banbutsu.com