GTC for Clients

General Terms and Conditions

of DAGO Express GmbH, Karl-Marx-Straße 193, D-15230 Frankfurt (Oder)

1. Definitions, Legal Basis

1.1. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity.

1.2. Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into without such persons being attributed a commercial or independent professional activity.

1.3. Customers within the meaning of these business relationships are both consumers and entrepreneurs.

2. Scope of Application

2.1. These General Terms and Conditions (hereinafter referred to as GTC) define the rules for legal relationships arising from contracts between DAGO Express Kurierdienst GmbH (hereinafter referred to as "DAGO Express") and its clients (hereinafter referred to as "Customer"). They apply to the collection, transport, and delivery of shipments in accordance with our DAGO Express shipping cost calculator.

2.2. Unless otherwise stipulated by mandatory statutory provisions and/or individual agreements or these GTC, the General German Freight Forwarders’ Conditions (ADSp), in their currently valid version, as well as the provisions of §§ 459, 407 et seq. of the German Commercial Code (HGB) regarding freight contracts, shall additionally apply in this order to contracts for transport services including additional and ancillary services. The ADSp do not apply to transactions with consumers within the meaning of § 13 BGB.

2.3. The provisions of §§ 407 et seq. HGB (freight business) and, in the case of cross-border transport, the CMR (Convention on the Contract for the International Carriage of Goods by Road) shall also apply supplementarily insofar as nothing to the contrary is regulated in these GTC.

2.4. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract, even if known, unless their validity is expressly agreed in writing.

3. Scope of Services and Obstacles

3.1. In cooperation with affiliated system partners, DAGO Express undertakes the collection, transport, and delivery of shipments within the Federal Republic of Germany as well as within the member states of the European Union.

3.2. The shipment(s) shall be collected at the expressly agreed time or within the agreed time window at the address specified by the Customer. Only one collection and one delivery attempt are provided for, whereby the permissible dimensions and weights are specified in detail in the DAGO Express shipping cost calculator.

3.3. Unless otherwise agreed, the shipment shall be delivered to the address specified by the Customer. Delivery of the shipment is made "kerbside", i.e. up to the nearest public curb to the delivery address, unless otherwise agreed in individual cases.

3.4. Delivery shall be made to the recipient specified on the shipment and confirmed by their signature upon handover. The Customer agrees that the shipment may be delivered with discharging effect to a person present in the recipient’s household or business, to a neighbor of the recipient, or to a nearby DAGO Express location (alternative delivery), provided that there are no justified doubts that such alternative delivery corresponds to the interests of the Customer or recipient. A neighbor is a person who lives or works in the same or nearest building. The Customer has the option to exclude alternative delivery.

3.5. Delivery to business recipients may be made at the mailroom or goods receiving department. Delivery to P.O. box addresses is excluded.

3.6. DAGO Express is not obliged to exchange shipments on loading equipment (pallets, cages, etc.) with empty pallets, cages, etc. at the recipient.

3.7. Should the consignment not be capable of being collected or delivered in the manner described, that consignment shall be deemed undeliverable (for example, no suitable loading or unloading aid is available on site, the goods exceed the dimensions or weights stated at the time of booking, or no tail-lift vehicle was ordered although loading or unloading requires one). DAGO Express shall notify the Customer thereof in text form or by telephone. The Customer may commission further collection or delivery attempts; the costs of these are set out in the DAGO Express shipping cost calculator.

3.8. Shipments with incorrect address details shall also be deemed undeliverable if the correct address cannot be determined by DAGO Express with reasonable effort, as well as shipments for which acceptance is refused or which are not collected within the specified period from a system partner branch after notification.

3.9. Undeliverable shipments shall be returned by DAGO Express to the Customer. If the Customer refuses acceptance, DAGO Express is entitled to dispose of the shipment at the Customer’s expense at its reasonable discretion, including selling or destroying it in accordance with statutory provisions. If the Customer cannot be identified, DAGO Express is entitled to open the shipment to determine their identity. If the sender or Customer can be identified through opening, DAGO Express shall obtain instructions from the Customer or return the shipment to the sender at the Customer’s expense, except in the case of shipments with dangerous contents. Shipments with dangerous contents entitle DAGO Express to destroy or sell them at the Customer’s expense. If no sender or Customer can be identified, DAGO Express may also destroy or sell the contents in accordance with § 419 (3) HGB. Any claims for damages by the Customer remain unaffected.

3.10. DAGO Express is obliged to execute an accepted order without undue delay, i.e. within the time customary for the execution of a freight order. Unless otherwise agreed, DAGO Express is not obliged to deliver the freight at a specific time or within a specific period to the intended recipient. All time and transit time information is non-binding and may be exceeded due to unforeseen events, in particular but not limited to extreme weather or traffic conditions.

3.11. DAGO Express is entitled to engage subcontractors in the performance of the contract of carriage. DAGO Express shall be liable for the acts and omissions of its servants and of the subcontractors engaged by it, in so far as they act in the performance of their duties, as for its own acts (§ 428 HGB). The liability of the performing carrier under § 437 HGB remains unaffected.

3.12. Obstacle to delivery: If the goods cannot be delivered, in particular because no one is available to accept them at the delivery address on the agreed delivery date, DAGO Express shall notify the Customer without undue delay in text form and, where possible, by telephone, and shall obtain the Customer's instructions (§ 419 Abs. 1 HGB).

3.13. If instructions cannot be obtained within a reasonable time, or if the instructions given cannot be carried out, DAGO Express shall be entitled to take such measures as appear to be in the best interests of the person entitled to dispose of the goods (§ 419 Abs. 3 HGB). In particular, DAGO Express may unload and store the goods, entrust them to a third party for safekeeping for the account of the person entitled to dispose of them, carry them back, or place them into storage in accordance with Clause 16. Where the goods are held in safekeeping by a third party, DAGO Express shall be liable only for the careful selection of that third party.

3.14. DAGO Express shall document the measures taken pursuant to Clause 3.13 by means of photographs together with a record stating the place, date and time, and shall transmit these to the Customer without undue delay in text form.

3.15. DAGO Express shall be entitled to reimbursement of the necessary expenses and to reasonable remuneration pursuant to § 419 Abs. 4 HGB, unless the obstacle is attributable to the sphere of risk of DAGO Express. Demurrage under Clause 14 remains unaffected.

3.16. Instruction to leave goods without a recipient present: By placing the transport order, the Customer instructs DAGO Express, in the event of an obstacle to delivery within the meaning of Clause 3.12, to leave the goods at a suitable place at the delivery address, provided that local circumstances so permit. The Customer confirms that it is entitled vis-à-vis the consignee to give such an instruction. The instruction to leave the goods is carried out at the Customer's risk.

3.17. DAGO Express shall document the execution of the instruction to leave the goods in accordance with Clause 3.14 and shall notify the Customer without undue delay in text form. The Customer may exclude the instruction to leave the goods at the time the order is placed, or at any time beforehand, in text form; in that case DAGO Express shall proceed in accordance with Clause 3.13.

3.18. Leaving the goods without their being taken over by a person present who is authorised to receive them does not constitute delivery within the meaning of §§ 425 ff. HGB. The statutory liability provisions, in particular § 435 HGB, remain unaffected.

4. Contractual Relationship

4.1. A respective order for transport (application by the Customer for the conclusion of a transport contract) shall be placed via online booking, by e-mail with corresponding confirmation by DAGO Express (e-mail transport confirmation), or by handing over a shipment that complies with the conditions.

4.2. Insofar as DAGO Express grants the Customer the possibility to determine the place and time of delivery, the right to issue instructions and dispose of the shipment shall, deviating from § 418 (2) HGB, pass to the Customer upon handover of the shipment. If DAGO Express grants the addressee, within the framework of its own services, the possibility to determine the place and time of delivery, the respective right to issue instructions and dispose of the shipment shall, deviating from § 418 (2) HGB, pass to the recipient already before the first delivery attempt.

Otherwise, the provisions of § 418 (1) to (5) and § 419 HGB shall not apply. In the case of cross-border transport, the right of disposal of the sender pursuant to Art. 12 CMR remains unaffected.

4.3. If shipments do not comply with the conditions of section 4 of these GTC, the permissible dimensions and weights specified in the DAGO Express shipping cost calculator, or the applicable packaging and labeling regulations, transport by DAGO Express shall be refused. If such a shipment nevertheless enters the DAGO Express system, DAGO Express shall be entitled to stop further transport at any time or to subsequently charge the Customer an appropriate additional fee. If the Customer refuses to pay such an additional fee or if there is reasonable suspicion that the accepted shipment does not comply with the conditions of section 4 of these GTC, DAGO Express is entitled to return the shipment or hold it ready for collection by the Customer. Such return entitles DAGO Express to charge reasonable compensation amounting to at least one third of the agreed freight charge. The Customer is entitled to prove that the effort incurred by DAGO Express was significantly lower.

4.4. DAGO Express is entitled, even after accepting the shipment(s), to determine whether they comply with the conditions and to request information about the contents of the shipment(s). If such information is refused by the Customer or cannot be obtained in due time, DAGO Express is entitled to inspect the shipment, particularly if there is justified reason to suspect that it does not comply with the conditions.

4.5. A delivery order shall be deemed fulfilled upon handover to the recipient.

5. Exclusion from Transport / Exclusions of Liability

5.1. DAGO Express transports only shipments that comply with the DAGO Express shipping cost calculator and the applicable packaging and labeling regulations and whose value per courier trip does not exceed:

5.1.1. €5,000.00 per shipment for consumers within the meaning of § 13 BGB;

5.1.2. €50,000.00 per shipment for entrepreneurs.

5.2. The following are not accepted:

5.2.1. Shipments whose transport would violate official or legal prohibitions, as well as shipments whose storage or transport is subject to national or international dangerous goods regulations (unless explicitly agreed otherwise);

5.2.2. The transport of shipments subject to special conditions, in particular special export, import, or customs regulations of a transit or destination country (unless explicitly agreed otherwise);

5.2.3. Shipments with insufficient packaging, especially those not complying with packaging and labeling regulations, as well as shipments containing liquids unless they are packaged in a break-proof manner and protected against leakage;

5.2.4. All shipments of extraordinary or hardly estimable value such as gemstones, precious metals, industrial diamonds, works of art, watches, unique items, stamps, money, negotiable instruments, securities, credit and prepaid cards (e.g. phone cards), and other valid means of payment;

5.2.5. Shipments requiring special handling during transport (e.g. perishable or damage-prone goods that must be protected from heat or cold);

5.2.6. Shipments containing live animals as well as human or animal remains or parts thereof;

5.2.7. Any shipments which, due to their external characteristics or contents, may pose a risk to persons or cause damage to property or other shipments;

5.2.8. Shipments where the pickup or delivery address provided by the Customer is unsuitable or difficult to access, or where delivery requires special effort or safety measures. No island or mountain pickups/deliveries are carried out.

5.2.9. Shipments containing gasoline, oil, or lubricants that have not been properly drained; no residues may escape from the packaging.

6. Service Fee

6.1. The fee to be paid is determined by the DAGO Express shipping cost calculator.

6.2. Our offers are non-binding until final conclusion and are based on currently valid capacities, freight rates, tariffs, surcharges, fuel prices, and exchange rates. Changes entitle us to adjust prices accordingly.

6.3. In contracts with consumers, the freight (remuneration) includes the applicable statutory VAT; for contracts with entrepreneurs, the freight is charged net plus separately stated statutory VAT.

6.4. Payment is made in advance via PayPal or instant bank transfer. In the case of instant transfer, payment is deemed received upon crediting our account. Purchase on account is only possible by prior agreement. Whether transport can be paid on account is decided by DAGO Express before order acceptance. Unless otherwise agreed, invoices are due within 14 days of receipt without deduction.

6.5. In the event of incomplete payment by the Customer, DAGO Express reserves the right to refuse the service associated with the product or service.

6.6. (1) The customer is obliged to provide the correct and fiscally proper invoicing address when placing the order. The same applies to customer-internal additional details required, such as order, transaction or project numbers. If these are not provided or are provided incorrectly by the ordering party at the time of booking, a complaint about the invoice based thereon does not entitle the customer to defer payment.

(2) The provision of an incorrect or incomplete invoicing address or of missing customer details, as well as any resulting default in payment, do not fall within the responsibility of DAGO Express GmbH. The legitimacy and the original due date (maturity) of the claims remain unaffected by any subsequent invoice correction made on account of incorrect or incomplete customer data.

6.7. Subsequent change of the invoice recipient: A subsequent change of the invoice recipient does not affect the contractual position of the ordering party. Irrespective of the invoice addressing, the ordering party remains the sole legal contractual partner and principal debtor of DAGO Express GmbH.

6.8. Should the newly designated invoice recipient refuse payment, reject the invoice or default on payment, the ordering party is obliged to pay the full claim immediately.

6.9. If the ordering party has already settled the original invoice, no refund of the amount will be made by DAGO Express GmbH in the event of a subsequent reassignment. The payment made is offset internally against the newly issued invoice. In this case, the ordering party is obliged to reclaim the amount directly from the new invoice recipient in the internal relationship.

6.10. If the Customer is in default of payment, DAGO Express shall be entitled to charge default interest. Vis-à-vis entrepreneurs, the rate of default interest shall be nine percentage points above the base rate (§ 288 Abs. 2 BGB); in addition, a flat sum of 40,00 € shall be charged (§ 288 Abs. 5 BGB), which shall be set off against any damages owed in so far as those damages are founded on costs of legal enforcement. Vis-à-vis consumers, the rate of default interest shall be five percentage points above the base rate (§ 288 Abs. 1 BGB). The right to assert further damages caused by default is reserved.

7. Liability

7.1. Unless otherwise expressly agreed and regulated in these GTC or between DAGO Express and the Customer, DAGO Express shall be liable for transport within the Federal Republic of Germany only in accordance with the latest version of the ADSp or §§ 407 et seq. HGB, in particular §§ 425 et seq. HGB; in the case of cross-border transport, liability shall mandatorily be governed by Art. 17 et seq. CMR.

7.2. In the event of damage or loss of a shipment, DAGO Express shall be liable to the Customer only to the extent of the direct, contract-typical damage up to the statutory liability limits.

7.3. If the Customer has handed over a shipment that does not comply with the conditions for transport without explicitly indicating this in writing, and damage occurs to the shipment which, according to the circumstances of the case, results from the lack of suitability of the shipment, it shall be presumed in favor of the carrier that the damage resulted from this risk. The special grounds for limitation or exclusion of liability pursuant to §§ 425 (2), 426 and 427 HGB or, in the case of cross-border transport, pursuant to Art. 17 CMR remain unaffected.

7.4. Claims arising from the contract may be asserted by the Customer as a contractual partner of DAGO Express upon presentation of a proof of delivery.

7.5. The Customer shall be liable to DAGO Express directly or due to claims by third parties for damages resulting from shipments that do not comply with the conditions.

7.6. The liability of DAGO Express for loss of or damage to the goods is limited pursuant to § 431 Abs. 1 HGB to 8,33 units of account (Special Drawing Rights of the International Monetary Fund) for each kilogramme of the gross weight of the consignment; in the case of cross-border carriage, Art. 23 CMR shall apply. The aforementioned amounts of liability do not include any transport insurance of the goods. DAGO Express recommends that the Customer take out its own transport insurance for goods of high value.

7.7. Liability for exceeding delivery deadlines in such transport is limited to three times the freight (§ 431 (3) HGB) for national transport and to the amount of the freight (Art. 23 (5) CMR) for cross-border transport. Damages resulting from delays caused by force majeure or circumstances beyond control are excluded. Any further claims for damages, including consequential damages, are excluded.

7.8. The foregoing exclusions and limitations of liability shall not apply:

• in the case of damage attributable to an act or omission committed by DAGO Express or by a person named in § 428 HGB with intent, or recklessly and with the knowledge that damage would probably result (§ 435 HGB);
• in the case of damage arising from injury to life, body or health;
• in so far as the Customer is a consumer within the meaning of § 13 BGB and mandatory statutory provisions, in particular § 449 Abs. 3 HGB, preclude a deviation.

8. Complaints / Damage Notification

8.1. Externally visible losses or damages must be recorded in writing upon acceptance/hand-over of the goods and reported to DAGO Express.

8.2. Non-visible damages and/or (partial) losses must be reported no later than seven days or immediately after becoming aware of them or upon complaint by the recipient (CMR Article 30).

8.3. Claims due to exceeding delivery deadlines expire if they are not reported to DAGO Express by the recipient within 21 calendar days after delivery.

8.4. A total loss shall be assumed if a shipment cannot be delivered within 20 calendar days after acceptance for national shipments or within 30 calendar days for international shipments. Written proof of delivery with the recipient’s signature releases DAGO Express from liability for any total loss.

9. Limitation Period

9.1. All claims of the Customer within the scope of these GTC shall become time-barred one year after delivery. In cases of intent or fault equivalent to intent, the limitation period shall be three years. The limitation period begins at the end of the day on which the goods were delivered or should have been delivered.

10. No right of withdrawal in the case of contracts of carriage

10.1. In the case of contracts for the supply of services in the field of the carriage of goods, there is no right of withdrawal pursuant to § 312g Abs. 2 Nr. 9 BGB where the contract provides for a specific date or period of performance.

10.2. DAGO Express carries out transports exclusively on an expressly agreed date or within an expressly agreed period. The Customer therefore has no right of withdrawal even where it is a consumer within the meaning of § 13 BGB.

10.3. The provisions on cancellation charges (Clause 15) remain unaffected hereby.

11. Address and Sender Information on Shipments

11.1. For each shipment handed over to DAGO Express for transport, the Customer must provide complete address and sender details. This address must be clear and correct so that the shipment can be transported and delivered without further inquiries. There must be no additions that may cause misunderstandings or delay, complicate, or make processing impossible. The label must be placed on the largest available surface of the shipment (label side), and its readability must not be impaired by additional notes unrelated to the address. Used packaging is only permitted if all misleading information such as old address data has been removed beforehand.

11.2. The address must be structured from top to bottom as follows:

11.2.1. the name of the recipient (if applicable, including company name);

11.2.2. delivery details (street and house number; if applicable, including floor number and apartment number; for companies, department designation);

11.2.3. destination location preceded by the postal code;

11.2.4. in the case of cross-border transport, the destination country.

12. Packaging Conditions

12.1. The Customer is responsible for packaging the shipped goods appropriately for the expected transport stresses using suitable internal and external packaging adapted to the goods being shipped. The goods must be packaged in such a way that they are protected against loss and damage and do not cause damage to persons or other shipments during transport. The packaging must ensure that access to the contents is not possible without leaving visible traces on the outer packaging. The DAGO Express packaging guideline (see: Annex 2 Packaging Guideline) serves as guidance on this matter.

13. Set-off and right of retention

The Customer may set off only against claims that are undisputed or have been finally determined by a court. This shall not apply to counterclaims arising from the same contractual relationship. The Customer is entitled to a right of retention only in so far as it is based on the same contractual relationship.

14. Demurrage

14.1. DAGO Express is entitled to charge the Customer demurrage. This is structured as follows:

Express transports (vehicles up to 3.5 tonnes):
- Including 60 minutes for loading and unloading as well as other waiting times free of charge. Thereafter, each commenced hour costs €30 net.

Truck transports (vehicles over 3.5 tonnes):
- Including 120 minutes for loading and unloading as well as other waiting times free of charge. Thereafter, each commenced hour costs €60 net.

Legal basis: § 412 (3) HGB.

15. Cancellation

If the customer cancels the order, DAGO Express is entitled to charge the following cancellation costs, based on the agreed freight charge (net):

• Cancellation from the moment the driver arrives at the loading point (including after the goods have been collected): 100%
• Cancellation after the driver has started the journey to the loading point: 75%
• Cancellation after order confirmation and before the start of the journey to the loading point: 50%

Note:
If the vehicle is already at the loading point and waiting time arises, DAGO Express is entitled to charge demurrage in accordance with Section 14 in addition to the cancellation costs.

Should DAGO Express demonstrably incur a higher loss as a result of the cancellation or termination, DAGO Express is entitled to assert this against the customer. Any further claims for damages remain unaffected.

If the cancellation is based on reasons within the sphere of risk of DAGO Express, the above cancellation costs do not apply.

16. Lien, retention and storage

16.1. DAGO Express shall have a lien over the goods in respect of all claims due under the contract of carriage (§ 440 HGB). The lien shall subsist for as long as DAGO Express has the goods in its possession or is able to dispose of them by means of a bill of lading or otherwise.

16.2. DAGO Express shall realise the lien only after prior notice of intention in text form and after the expiry of a reasonable period of two weeks.

16.3. Where additional costs arise after the order has been placed which are attributable to the Customer's sphere of risk, in particular demurrage under Clause 14, the costs of further collection or delivery attempts, or costs resulting from inaccurate or incomplete information provided by the Customer, DAGO Express may make compliance with an instruction conditional upon a reasonable advance payment (§ 418 Abs. 1 S. 4 HGB).

16.4. If an advance payment requested pursuant to Clause 16.3 is not made within a reasonable period set by DAGO Express, DAGO Express shall be entitled to store the goods or to entrust them to a third party for safekeeping. Safekeeping by a third party shall be effected in the name of DAGO Express; the indirect possession of DAGO Express in the goods shall be preserved. DAGO Express shall notify the Customer without undue delay in text form of the place of storage and of the storage costs expected to be incurred.

16.5. The Customer shall bear the storage costs in the amount actually incurred, but not exceeding 60,00 € net per commenced calendar day and per vehicle load. On request, DAGO Express shall evidence the costs by producing the warehouse keeper's invoice. The Customer may avert the exercise of the right of retention by providing security (§ 369 Abs. 4 HGB). Retention shall not be exercised in so far as it would be disproportionate in the individual case.

17. Force majeure

17.1. Events of force majeure shall release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect. Force majeure means unforeseeable events acting from outside which cannot be averted even by the exercise of the utmost care, namely natural disasters, war, terrorist attacks, riot and civil unrest, border closures ordered by the authorities, strikes and lock-outs, and measures ordered by the authorities to combat communicable diseases.

17.2. The affected contracting party shall inform the other contracting party without undue delay in text form of the occurrence, the expected duration and the effects of the event.

17.3. If the disruption lasts for more than 14 calendar days, both contracting parties shall be entitled to terminate the contract in text form. Services already rendered shall be remunerated. Cancellation charges under Clause 15 shall not be incurred in this case.

17.4. The statutory liability provisions of §§ 407 ff. HGB and – in the case of cross-border carriage – of the CMR remain unaffected.

18. Sanctions and export control

18.1. The performance obligations of DAGO Express are subject to the proviso that performance is not precluded by unforeseeable impediments for which DAGO Express is not responsible arising from foreign trade, customs or sanctions provisions of the Federal Republic of Germany, the European Union or the United Nations, in particular on account of embargo measures.

18.2. The Customer is obliged to provide DAGO Express, in good time and in full, with all information required for compliance with the provisions referred to in Clause 18.1, in particular as to the nature, condition and intended use of the goods and as to the consignor, the consignee and other parties involved in the carriage. If the goods are subject to export, import or authorisation requirements, the Customer shall point this out in text form when placing the order.

18.3. If there are indications of a breach of the provisions referred to in Clause 18.1, DAGO Express shall be entitled to refuse or to halt the carriage until the matter has been clarified. The rights and obligations in the event of obstacles to carriage and to delivery under §§ 419, 420 HGB remain unaffected.

18.4. The Customer shall indemnify and hold DAGO Express harmless from third-party claims and from administrative fines and other detriments which are based on the Customer's culpable breach of its obligations under Clause 18.2.

19. Miscellaneous Provisions

19.1. . Oral statements by the Customer that deviate from these General Terms and Conditions shall only be binding if confirmed in writing.

19.2. DAGO Express processes the personal data transmitted in connection with the transport order in so far as this is necessary for the performance of the contract (Art. 6 Abs. 1 lit. b DSGVO) or for compliance with legal obligations (Art. 6 Abs. 1 lit. c DSGVO). In this respect DAGO Express acts as an independent controller and not as a processor. Details are set out in the data protection notices of DAGO Express GmbH.

19.3. . Transport contracts are subject to the law of the Federal Republic of Germany. For consumers who do not conclude the transport contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

19.4. . Should any provision of these GTC or other agreements be or become invalid, the validity of the contract shall not be affected. The contracting parties are obliged to replace the invalid provision with one that comes as close as possible to the economic purpose of the invalid provision.

19.5. Consumer dispute resolution: DAGO Express is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

20. Jurisdiction Agreement

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 is Frankfurt (Oder). If the local courts (Amtsgerichte) have jurisdiction, the Local Court of Frankfurt (Oder) shall have jurisdiction.

Version of these GTC: 17.07.2026

The latest version shall apply.

Subject to change.

Annex 2. Packaging Guideline

1. General: Shipments must be securely packaged by the Customer according to content, type of shipment, and scope, so that damage during transport is excluded and the contents are protected against loss and damage. Packaging always includes suitable outer packaging, suitable inner packaging, and secure sealing.
2. Secure packaging: The outer packaging must be appropriate for the contents so that the packaged items do not fall out, do not damage other shipments, and are not themselves damaged. Adequate inner packaging must be provided and supplemented with cushioning materials. For transport-sensitive items, the packaging must be adapted to their particular sensitivity, taking into account the nature, quantity, and all other specific characteristics of the contents in each individual case. The packaging must reliably protect the contents against stresses to which they are normally exposed during shipping (e.g. pressure, impact, dropping, vibration, or temperature influences).
3. The outer packaging must be sufficiently strong and pressure-resistant. It must also be large enough to accommodate the entire contents and the necessary inner packaging components.
4. The inner packaging must fix the contents in place and provide cushioning on all sides towards the outer packaging and between multiple contents. Sales and storage packaging is often designed only for palletized shipping. For individual shipment, additional packaging measures (e.g. molded foam) as transport packaging are mandatory.
5. For sealing shipments, durable materials (e.g. tear-resistant, self-adhesive plastic tapes or fiber-reinforced wet adhesive tapes) must be used to ensure the integrity of the shipment. The heavier the shipment, the more durable the sealing must be.
6. Packaging or closures must not have sharp edges, corners, or points, such as protruding nails, staples, wood splinters, or wire ends. The packaging must completely enclose the transported goods.