These General Terms and Conditions of Business and Transport (hereinafter referred to as “GTC”) apply exclusively to all contracts and the general business relationship between Pakajo GmbH, Reichsbahnstraße 96, 22525 Hamburg, (hereinafter referred to as “Pakajo”) and its contractual partners (hereinafter referred to as “ Customer” or “contractual partner”; Pakajo and customer or contractual partner hereinafter individually or jointly also referred to as the “party/s”) for the provision of domestic and cross-border transport of letters, consignments of goods and parcels including additional and ancillary services (hereinafter “transport contract”. “), which are agreed via the websites https://www.pakajo.world/ or https://media-sc.com/ (hereinafter the “website”).

These Terms and Conditions do not apply to other services provided by Pakajo, such as fulfillment services.

Pakajo expressly does not recognize the customer's general terms and conditions, including those that regulate matters not mentioned in these General Terms and Conditions, unless Pakajo has expressly agreed to their validity in writing. If the customer's terms and conditions regulate matters that are not covered by the following general terms and conditions, only the relevant dispositive law applies and in no case any of the customer's conditions that deviate from this shall apply. These General Terms and Conditions also apply if Pakajo carries out the service without reservation despite being aware of the customer's conditions that conflict with or deviate from these General Terms and Conditions.

The legal relationships between Pakajo and the customer are governed in their application primarily by mandatory law, individual agreements, these General Terms and Conditions and, in addition, the General Terms and Conditions of the postal companies and parcel services.

These General Terms and Conditions apply equally to consumers within the meaning of Section 13 of the German Civil Code and to entrepreneurs within the meaning of Section 14 of the German Civil Code, unless individual regulations are stated to apply exclusively to one of the two groups. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). Shipments to and between certain locations within a country are subject to the mandatory provisions of the applicable law of that country.

Pakajo is the customer's sole contractual partner with regard to the transport contract concluded via the website. To provide the contractually agreed transport services with regard to the type, route and means of transport, Pakajo uses various postal companies and parcel services that carry out the transport for Pakajo. General terms and conditions of business and transport of postal companies and parcel services are available here and apply accordingly to the transport contract between Pakajo and the customer. The customer expressly agrees to all of the above by concluding the transport contract with Pakajo.

Pakajo transports the contractual transport item to the destination and delivers it to the recipient at the address specified by the customer. Pakajo must take all reasonable measures to deliver the transport item to the recipient within a reasonable period of time, but is usually not obliged to adhere to a specific delivery deadline. Delivery dates and delivery periods are only binding if they have been expressly contractually agreed with Pakajo and the customer has provided Pakajo with all information and documents required to carry out the transport service in a timely manner and made any payments as agreed.

Pakajo reserves the right to change or remove the prices, services or discounts indicated on the website and to add new prices, services or discounts without prior notice.

Pakajo processes all complaints/inquiries from the customer and is the first point of contact for the customer with regard to transport contracts concluded via the website. For all customer complaints/inquiries, the details identifying the respective transport contract must be stated. Correspondence is usually conducted via the email account specified by the customer when concluding the transport contract.

The offers available on the website are non-binding and subject to change until the transport contract is concluded. The offers are addressed exclusively to natural persons and legal entities with unlimited legal capacity.

The transport contract between the parties is concluded exclusively using the appropriate forms and processes on the website, unless the parties agree on another way of concluding the contract.

For an effective contract to be concluded, the following is necessary:

By fully entering the details of your order in the order form provided on the website and clicking the button “CREATE SHIPPING AS LABEL PDF”, “CREATE SHIPPING LABEL AS GRAPHIC”, “WRITE TRACKING NUMBER ON PACKAGE” or “PRINT SHIPPING LABEL ON PRINTER, the customer submits a legally binding offer to Pakajo to conclude the transport contract based on the order details they have entered. The transport contract is concluded when the shipments are recorded in the Pakajo hub. Pakajo declares acceptance by creating the final shipping label, even if there is no written contract signed by the parties. These General Terms and Conditions are deemed to have been accepted at the latest when the customer or the third party acting on behalf of the customer hands over their shipments to Pakajo or a third party who accepts the shipments on behalf of Pakajo.

The customer requests and expressly agrees that Pakajo begins to carry out the service that is the subject of the transport contract before the end of the cancellation period to which the customer may be entitled (see details on this and mention the relevant requirements). The customer is aware that the right of withdrawal to which he is legally entitled expires prematurely once Pakajo has fully fulfilled the contract. The conclusion of the contract and customer services usually take place in German, unless the customer has chosen another language available on the website. The exchange of communications and messages between Pakajo and the customer usually takes place via email, but can also take place via telephone or Google Meet if both parties agree.

The contract is concluded under the condition that the transport company selected by the customer provides its services to Pakajo in a timely manner and in accordance with the contract. If this is not the case and Pakajo is temporarily or permanently prevented from providing the service, the customer will be reimbursed for any consideration already provided to Pakajo and the transport contract will be reversed. The reservation does not apply in the event of a short-term delay in performance or if Pakajo itself is responsible for the non-performance.

If the transport company selected by the Customer declares to Pakajo that it is unable to provide the commissioned services to Pakajo, Pakajo shall be entitled, after obtaining instructions from the Customer, to withdraw from the contract with the Customer within a period of 48 hours from delivery of the goods to the Pakajo hub. Withdrawal shall take place during normal business hours on Mondays to Fridays from 08:00 to 17:00.

The customer is usually obliged to pay in full for the services to be provided. By concluding the transport contract, the customer agrees to any route and any changes and intermediate stops. Pakajo is not obliged to carry out interface controls. The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is available at www.ec.europa.eu/consumers/odr. We would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

CUSTOMER ACCOUNT

Upon request, the Customer shall receive a user name and password created by Pakajo. The customer receives access to his personal customer account and has access to all offers created for him. The creation, use, termination and deletion of the customer account are free of charge.

The customer declares and guarantees that all information provided is correct and complete and undertakes to report any changes immediately.

The customer is responsible for his customer account and for any activities carried out by him. In addition, the customer agrees to keep the user name and password confidential. The Customer is obliged to inform Pakajo immediately if there are indications that a customer account has been misused by third parties (unauthorized persons). A customer account is not transferable.

Pakajo reserves the right to delete customer accounts in justified cases and to exclude customers from using or participating in the website or using the services offered on this website.

An Internet connection is required to use the service; all costs are borne by the customer.

If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he or she is entitled to a right of withdrawal in accordance with Section 312 g (1) of the German Civil Code (BGB). Pakajo informs the customer about the content of the right of withdrawal as follows with the following cancellation policy:

RIGHT OF WITHDRAWAL

You can revoke your contractual declaration in writing within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before fulfillment of our obligations in accordance with Section 312 g Paragraph 1 Sentence 1 BGB in conjunction with Art. 246 Section 3 EGBGB.

In order to exercise your right of withdrawal, you must inform us (Pakajo GmbH, Reichsbahnstraße 96, 22525 Hamburg, email: service@pakajo.world) of your decision to withdraw from this contract by means of a clear statement (via email). In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

The revocation must be sent to: service@pakajo.world.

CONSEQUENCES OF CANCELLATION

In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation. This may mean that you still have to fulfill your contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send the cancellation declaration and for us when it is received. Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.

For the repayment, we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. If you have requested that the service begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.

END OF REVOCATION

The aforementioned right of withdrawal does not apply to customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). This does not affect the entrepreneur's warranty rights under these General Terms and Conditions.

The customer's right of withdrawal expires in accordance with Section 356 Paragraph 4 of the German Civil Code (BGB) when Pakajo has begun or fully provided the service. In this context, the customer expressly agrees that Pakajo will begin carrying out the service in accordance with the transport contract before the cancellation period expires.

The customer is obliged to print out or save electronically the General Terms and Conditions transmitted by Pakajo, including the cancellation policy included, for later access.

It is solely the customer's responsibility to check the transport item to see whether it complies with Pakajo's general terms and conditions or the transport conditions of the postal companies or parcel services.

For more information on prohibited and restricted shipping items, please visit www.pakajo.world/verbotene-gegenstaende-en.

Pakajo is entitled, but not obliged, to check transport items to see whether they comply with Pakajo's general terms and conditions or the transport conditions of postal companies and parcel services.

Pakajo has the right at any time to reject a transport item and to refuse to provide the service if there are important reasons. Important reasons exist in particular if the transport item does not comply with Pakajo's general terms and conditions or the transport conditions of the postal companies or parcel services and is therefore excluded from transport. In particular, but not exclusively, this is the case if, for example, the packaging of the transport item is missing or is not complete, or if the transport item exceeds the dimensions and weights specified when the order was placed, or if the transport item is excluded from transport for other reasons. Pakajo may transfer the right to reject a transport item to the postal companies and parcel services in order to give them the opportunity to check for themselves whether transport items comply with their own transport conditions. The acceptance of the goods by a driver from the transport company used does not constitute recognition of the goods as conforming to the General Terms and Conditions. The customer hereby declares his or her acceptance of these General Terms and Conditions. If the customer has already provided his consideration before the service begins, this will be reimbursed to the customer.

If Pakajo or the postal company or the parcel service determines during collection that the transport item is one that does not comply with Pakajo's general terms and conditions or the transport conditions of the transport company selected by the customer, the customer may be obliged to do so , to pay an applicable fee. Whether such a fee applies is determined by Pakajo's general terms and conditions or the transport conditions of the postal companies or parcel services.

If a transport item is one of the goods excluded from transport, it may happen that it is not picked up, delivered late, returned or confiscated by the customs or other authorities involved. In particular, but not exclusively, in such cases, the reimbursement of transport costs and/or the acceptance of claims by Pakajo are excluded. In these cases, Pakajo is not obliged to return the transport item. Any transport insurance taken out for transport does not apply in these cases. The customer bears the risk of loss or damage. All additional costs and surcharges incurred for the return transport must be reimbursed by the customer to Pakajo after the invoice has been issued.

It is the customer's responsibility to read Pakajo's general terms and conditions and the transport conditions of the postal companies and parcel services and to find out via the communication channels provided by Pakajo whether a transport item will be accepted for transport.

After the contract has been concluded, the customer must ensure that the packaging is suitable for the chosen transport and that the goods are ready to be picked up, or that they are delivered to the parcel shop ready for dispatch and properly packaged. The customer must ensure that the transport packaging is appropriate for the transport of the transport item with the selected means of transport as well as the type of transport and the resulting typical transport stresses. For transport-sensitive contents, the packaging must take their particular sensitivity into account. Fragile contents require particularly careful packaging, with the distance between the product and the packaging being at least 50 millimeters. Packaging with multiple products should also contain separating elements so that all contents are secured against slipping. Complaints will not be accepted if damage is due to improper packaging. The customer must also ensure that access to the content is not possible without leaving externally visible traces.

The customer must provide the transport item clearly and in a durable manner with the markings required for its contractual treatment (e.g.: addresses, signs, numbers, symbols for handling, other properties) as well as any other necessary ones, which may arise from the General Terms and Conditions of Pakajo or markings resulting from the transport conditions of the postal companies and parcel services. For international shipments, make sure to provide a valid telephone number with the area code of the destination country. If the customer culpably violates this duty of care, he must reimburse Pakajo for the resulting damage.

When packaged, the transport item must correspond to the information agreed in the transport contract with regard to number, weight and dimensions. If he deviates from this, Pakajo is entitled to invoice the customer for the resulting costs or any additional costs incurred if transport is still possible. The user accepts that Pakajo is authorized to automatically collect additional surcharges via the same payment method that the user used to pay for the shipping service.

The shipment handed over must necessarily correspond to the shipment ordered. Acceptance of a shipment that does not correspond to the shipment ordered does not result in the accepted shipment being accepted as in accordance with the contract. The customer is responsible if the transport item does not comply with Pakajo's general terms and conditions or the transport conditions of the postal companies and parcel services. If it is necessary to repack the shipment onto a means of transport in order to carry out the transport, the customer will reimburse Pakajo for the resulting costs and fees.

The customer also assumes liability for damage that his shipment causes to other shipments, people, conveyor systems, means of transport, etc. during transport if this is due to inadequate or improper packaging.

Goods that are not completely packed in a box or are not properly packaged are excluded from Pakajo's services. They may be rejected, delayed, returned, or held until collected by the customer. In these cases, Pakajo does not reimburse postage fees and the customer must bear the expenses incurred during transport up to the cancellation of the order, the failed collection or the return of the transport item to the place of origin. If the customer does not provide all the necessary data, Pakajo or the postal companies or parcel services may refuse collection and/or delivery without compensation. Any costs that may arise are borne by the customer.

The transport item must meet and comply with all legal provisions and regulations for the shipment of goods by land, water and air. It is the sole responsibility of the customer to inform himself about the applicable legal provisions and regulations and to ensure that the transport item complies with them. Any administrative penalties that may be levied as a result of failure to comply with this point, or if the transported item is found to be illegal in the country of origin, transit or destination, will be borne entirely by the Customer. The Customer acknowledges that Pakajo and the carrier selected by the Customer shall not be liable for any costs, expenses, losses or damages that may arise from failure to comply with the provisions of this Section. Nevertheless, the customer bears the costs and assumes liability towards Pakajo and the postal companies or parcel services for all damages and defects that may occur in the event of failure to comply with the provisions of this section.

The costs to be borne by the customer include, but are not limited to charges for transportation, freight supervision (including but not limited to emergency, operating and fuel surcharges), storage costs, VAT, taxes, interest, fines, administrative costs, administrative penalties, customs duties, insurance premiums and other costs attributable to Pakajo's Customer which are related to the transportation or levied by official bodies in connection with the shipment, as well as all other expenses incurred in accordance with Pakajo's GTC or the transport conditions of the postal companies or parcel services.

A parcel is considered to be a box. If there are several parcels/cartons on a pallet, but no pallet shipment has been booked, or several parcels/cartons are joined together, the driver and Pakajo have the right to remove them from the pallet or to separate the parcels. No liability can be accepted for any additional costs, damage, loss, etc. arising from this.

If the Customer incorrectly states the value of the contents of the shipment where a value declaration is required, Pakajo shall not be liable for any costs or damages arising from this. If the value of the shipment exceeds certain values, delivery delays may occur, particularly but not exclusively in the case of international transportation, due to the longer customs clearance process.

In the event of externally recognizable loss or externally recognizable damage to the transported goods, the customer or the recipient must notify Pakajo of the loss or damage in text form (by e-mail is sufficient) immediately upon delivery, otherwise it shall be assumed that the goods have been delivered complete and undamaged. In the case of loss or damage that is not externally recognizable, this presumption shall apply if the Customer or the recipient does not inform Pakajo of the loss or damage in text form (by e-mail is sufficient) within seven days of delivery.

The Customer acknowledges that Pakajo shall not be liable for damages or expenses incurred due to a breach of the Customer's duty to cooperate. Damages and expenses in this sense are in particular, but not exclusively:

• Transportation charges
• Freight supervision (including emergency, operating and fuel surcharges)
• storage costs
• applicable taxes
• interest
• fines
• administrative costs
• administrative penalties
• customs duties
• Insurance premiums

The customer is obliged to pay the contractually agreed fee for each service. Fees stated on the website are net prices unless expressly stated otherwise. The customer is obliged to pay the statutory sales tax - if applicable - in addition.

In addition to the agreed remuneration, the Customer shall reimburse Pakajo for all costs incurred by Pakajo or the postal companies or parcel services for the transportation of the goods in the interest of the Customer and which Pakajo may consider necessary under the circumstances (§ 420 para. 1 HGB) (return costs, duties, storage charges, etc.). In this respect, the Customer shall indemnify Pakajo in full against all claims asserted by third parties upon first request. Furthermore, the Customer shall be obliged to reimburse those costs that arise from storage, return, redelivery or other special handling of his transport item. All these costs shall be due immediately upon request by Pakajo. If the recipient refuses to accept or pay outstanding costs, this shall be deemed a refusal of acceptance; the Customer shall remain obliged to pay.

The customer is entitled to pay the contractually agreed fee using the means of payment made available to him when the contract was concluded. This usually includes, but is not limited to, the transfer process and PayPal. However, Pakajo reserves the right in any case to unilaterally limit the choice of payment method depending on the type of transport item, the shipping region and/or other objective criteria.

Unless otherwise agreed, invoice amounts are payable without deductions immediately upon receipt of the invoice.

The customer is in default if he does not pay the amount owed to Pakajo within 7 days of receipt of the invoice or an equivalent payment statement. In the event of late payment, Pakajo charges default interest of 5 percentage points above the base interest rate in accordance with Section 247 of the German Civil Code (BGB). If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (for the definition, see Section 1.3 of these General Terms and Conditions), Pakajo charges default interest of 8 percentage points above the base interest rate.

If the customer takes part in the direct debit procedure and a direct debit submitted by Pakajo is returned for reasons for which the customer is responsible (in particular due to insufficient funds), the customer must pay Pakajo an additional expense allowance of EUR 15.00 for each returned direct debit.

It is the customer's responsibility to inform the recipient of the transport item that he must check the transport item for completeness and obvious, particularly externally visible, damage. Any externally visible damage must be noted in the receipt upon delivery or must be noted by the driver.

If the customer is not present within the contractually agreed collection period of the transport item, Pakajo can charge the customer fees (including VAT); The same applies if the transport item to be shipped is legitimately rejected by the transport company selected by the customer for reasons for which the customer is responsible. The customer is responsible if the transport item does not comply with Pakajo's general terms and conditions or the transport conditions of the transport company selected by the customer.

Delivery dates are only considered agreed if the customer has booked a tariff with a time option for delivery and the customer has provided Pakajo with all information and documents required to carry out the transport service in a timely manner and made any payments as agreed.

Unless otherwise agreed or provided otherwise in the transport conditions of the transport company selected by the customer, the delivery of the transport item takes place by handing it over to the recipient. If the recipient cannot be found, the transport item can also be delivered to other people if:

• they accept the shipment
• After properly examining all the circumstances of the individual case, Pakajo or the transport company can rightly assume that they are entitled to accept it or that acceptance by third parties corresponds to the interest or presumed will of the recipient.

The transport conditions of the postal companies and parcel services may regulate otherwise.

If delivery is not possible because the recipient cannot be found and no delivery is made to other persons, the customer shall be informed accordingly and the item to be shipped shall either be returned to the customer in accordance with the customer's instructions (which may also have been issued in advance for this case), or a new delivery attempt shall be made or kept ready for collection by the recipient. The transport conditions of the postal companies and parcel services may regulate other matters.

Any costs for a return transport, in particular the transport charges, shall be paid by the customer to Pakajo, or a new delivery attempt, for which additional costs are incurred in accordance with the following paragraph 6, shall be undertaken, or stored and kept ready for collection by the recipient by Pakajo or the selected transport company. Pakajo shall be entitled to use a third party for the storage of the goods to be transported at the expense of the Customer. In such cases, Pakajo shall be entitled to have the goods sold in accordance with § 373 para. 2 to 4 HGB (German Commercial Code) if the goods are prohibited or if the condition of the goods justifies such a measure or if the costs otherwise incurred are disproportionate to the value of the goods. Pakajo may destroy and dispose of unusable goods in transit. Expenses incurred by Pakajo in connection with the storage, sale or destruction and disposal of the transported goods shall be reimbursed by the Customer. The transportation conditions of the postal companies or parcel services may regulate otherwise.

If neither delivery nor return of the shipment is possible, the shipment will be stored for between 8 and 90 days. After this period, the shipment will be returned to the customer at the customer's expense. Please note that it is always the customer's responsibility to check the shipment tracking and to contact Pakajo in the event of storage or discrepancies. Please note that the storage time for shipping companies and abroad may vary according to local regulations.

Pakajo may invoice the Customer for any costs incurred.

Basically, the terms stated on the website should be seen as guidelines. These are adhered to in the vast majority of cases, but if there are delays in delivery, the customer has no liability or claim for compensation unless the tariff selected by the customer guarantees delivery within the specified delivery time. The indication “working days” on the website refers to Monday to Friday. Holidays, Saturdays and Sundays are not included.

Deliveries can generally only be made to complete and correct postal addresses (name, street, house number, additional address if applicable, postal code, city, country), but not to PO boxes, packing stations, etc. If the customer has not provided a complete and correct postal address when booking the order, Pakajo cannot accept any liability for any resulting delays or returns and the shipping costs cannot be refunded for such a reason. Any costs and freight charges for returning the shipment due to an incomplete or incorrect postal address must be borne by the customer after Pakajo has issued the invoice. The freight charges are determined via the Pakajo website.

For some countries abroad (e.g. Saudi Arabia), there are only P.O. Box addresses; if the customer is unsure about this, they are obliged to contact the relevant authorities or Pakajo beforehand to find out whether delivery can be made to such an address. Countries that do not use the zip code system must be requested separately.

The customer agrees and pays the costs of collection, transport and one-off delivery of the transport item via the website. Customs duties and taxes that may be levied in individual countries in connection with transportation are beyond the jurisdiction of Pakajo. It is the sole responsibility of the customer to find out about taxes, fees and customs fees that may apply when the shipment arrives in the recipient's destination country. Pakajo is neither able, authorized nor entitled to specify the exact conditions and the applicable tax rates. The recipient of the shipment must bear all customs duties and fees levied by the customs authorities of the destination country. Pakajo will charge the customer for all customs duties, fees or other costs not paid by the recipient. If the recipient of the transport item or the addressee refuses to pay the corresponding costs or fees, the customer must bear them. Many countries charge a fee for the destruction of the transported item if the corresponding expenses are not paid. This fee is also borne by the customer. In the event of non-payment, Pakajo is no longer obliged to provide services under the transport contract, nor is it obliged to return the transport item. In the event that cross-border transport requires an export permit, the customer is generally responsible for obtaining it. The customer has the option of instructing Pakajo to obtain the necessary export accompanying documents.

The export permit must be attached to the transport item in a visible manner. Pakajo or the postal companies and parcel services must be informed before the transport begins about the fact that the authorization is required and about the content of the authorization (the latter only to the extent that the relevant information is relevant for the fulfillment of the transport contract). For the purpose of fulfilling the transport contract, Pakajo is entitled but not obliged to carry out the following actions on behalf of the customer on the basis of obvious facts or information provided by the customer:

• Completion of the consignment note
• Addition of relevant shipping information
• Payment of required taxes and duties in accordance with applicable laws and regulations
• Acting as a freight forwarder for the customer for customs purposes when exporting
• Acting as a consignee during import, but exclusively for the purpose of appointing a customs processor for customs declaration and clearance
• To redirect the transport item to the consignee's import authorized representative or to another address on the instructions of a person whom Pakajo or the transport company selected by the customer may deem to be authorized

The goods must comply with all the conditions set out in the authorizations issued by the customs authority and the conditions to which the goods are subject in application of the customs regulations. Any criminal or administrative sanction that may result from failure to comply with this point, or if the goods are considered illegal either in the country of origin, transit or destination, will be passed on in full to the User. Whenever information is submitted, the user is responsible for the accuracy, completeness and timeliness of the data provided to the customs authority, as well as for the authenticity, accuracy and validity of all documents used to prove the information provided and, where applicable, for the fulfillment of all obligations , which arise from the customs procedure related to the goods.

If a transport item has to be returned from outside the shipping country, an import fee corresponding to the shipment will be due. This is likely to exceed the fee paid to export the item being transported. It is at the expense of the customer who ordered the transport.

Customs clearance is not included in the stated shipping time.

Pakajo is liable for damage caused by itself, by its own people or by vicarious agents intentionally or through gross negligence, without regard to the following liability limitations within the scope of the legal limits, if the named persons acted in the exercise of their duties.

Regardless of the degree of fault, Pakajo is liable within the scope of the legal provisions for personal injuries that are based on a culpable breach of contractual obligation by Pakajo, a legal representative or vicarious agent of Pakajo.

If the transport item does not comply with Pakajo's general terms and conditions or the transport conditions of the transport company selected by the customer, Pakajo's liability towards the customer in the event of damage, confiscation or loss of the transport item is excluded, even if Pakajo accepts the transport despite the existence of a right of rejection from these General Terms and Conditions or from the transport conditions of the postal companies and parcel services.

Pakajo's liability is excluded if and to the extent that the damage is due to an unavoidable event (strike, war, embargo, sovereign action, etc.) or if it is purely damage to the packaging.

Pakajo is also liable for the loss of and damage to transport items that comply with Pakajo's general terms and conditions and the transport conditions of the transport company selected by the customer, as well as for the culpable failure to fulfill other obligations in accordance with the contract to the extent of the direct damage typical of the contract and only within the scope of the statutory provisions limits of liability. Compensation for all damages beyond this is excluded (including lost profits, lost interest), unless this is contrary to mandatory legal regulations. The above limitations of liability apply regardless of whether Pakajo was informed of the risk of specific damage before or after receipt of the transport item by the customer. Further statutory liability limitations and exemptions from liability remain unaffected by these General Terms and Conditions and, without exception, apply in addition.

If the individual transport contract requires Pakajo to adhere to a specific delivery period or a specific delivery date, Pakajo's liability for exceeding this delivery period or deviation from this date is limited to three times the amount of the freight (three times the fee). Unless the subcontractor used is less liable, then Pakajo is liable like the subcontractor used. These damages are also limited to contract-typical and hazard-specific damages.

The claim expires if the entitled party does not report the damage caused by the delay in writing within 21 days of delivery. It is sufficient to send it on time. Mandatory international law may deviate from this exclusion period.

The above limitations and exclusions of liability do not apply if the damage is due to an act or omission that PAKAJO or the selected entrepreneur committed intentionally or recklessly and with the knowledge that damage would probably occur. Regardless of this, liability in international air transport is ultimately limited by Article 22 of the Montreal Convention. Article 25 of the Montreal Convention is excluded. Section 27 ADSp does not apply.

The customer's liability, in particular according to Section 414 of the German Commercial Code (HGB), remains completely unaffected by the above regulations. The customer is particularly, but not exclusively, liable for any damage that Pakajo or third parties suffer from the transport of prohibited goods or the breach of its obligations in accordance with the provisions of these Pakajo General Terms and Conditions or the transport conditions of the postal companies and parcel services. In addition, the customer is liable to Pakajo for all transport costs, storage and other additional costs, customs duties and taxes that arise for Pakajo's transport service or that Pakajo incurs in the interests of the sender or the recipient or a third party, as well as for exemption or reimbursement with regard to all claims, damages, fines and costs that arise because the shipment is legitimately excluded from carriage. In this respect, the customer fully releases Pakajo from all claims asserted by third parties upon first request.

In addition to Section 439 of the German Commercial Code (HGB), all claims within the scope of these General Terms and Conditions expire in one year. The limitation period begins at the end of the day on which the shipment was delivered or should have been delivered.

The sender cannot assign or pledge claims against PAKAJO, with the exception of monetary claims.

PAKAJO is entitled to collect, store and process the data transmitted by and/or required by the sender or recipient in connection with the services it provides. PAKAJO is also authorized to provide information to courts.

The above provisions on liability and any restrictions are only applicable unless statutory regulations to the contrary apply.

Pakajo's liability is generally limited to the amount. At the customer's request, Pakajo insures the shipment against the risks of transport against payment of an increased fee (insurance premium).

According to the insurance conditions, non-insurable (excluded) risks are:

• Dangers of war, civil war or war-like events and those that arise, regardless of the state of war, from the enemy's use of instruments of war and from the presence of instruments of war as a result of one of these dangers;
• Dangers of strikes, lockouts, labor unrest, acts of terrorist or political violence, regardless of the number of people involved, riots and other civil unrest;
• Dangers from confiscation, confiscation or other interventions from higher authorities;
• Dangers arising from the use of chemical, biological, biochemical substances or electromagnetic waves as weapons that pose a threat to the public, regardless of other contributing causes;
• Dangers of nuclear energy or other ionizing radiation;
• Risks of insolvency and late payment of the shipowner, charterer or operator of the ship or other financial disputes with the named parties, unless the policyholder proves that he has selected the named parties or the appointed freight forwarder with the care of a prudent businessman; the policyholder or insured person is the buyer and, according to the conditions of the purchase contract, could not influence the selection of the persons involved in the transport.

According to the insurance conditions, non-insurable goods are:

• Jewelery
• Documents
• Drugs (according to the Narcotics Act)
• Real pearls
• Precious metals
• Gemstones
• Objects made of precious metals and gemstones
• Money in coins and bills
• Jewels
• Check and credit cards
• Valid telephone cards
• Certificates
• Securities of all kinds

In particular, the insurance does not cover damage caused by:

• a delay in travel;
• internal corruption or the natural condition of the goods;
• customary differences or losses in quantity, dimensions and weight;
• normal humidity or usual temperature fluctuations;
• packaging that is not suitable for use or improper loading or due to the customer intentionally causing the damage.

PAKAJO is entitled to transmit the necessary information and data to the insurer when processing claims within the scope of the insurance.

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