Gertzen Digital Solutions
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LICENSE AGREEMENT
Last updated: 31.07.2025
1. Scope and acceptance
This Software License Agreement is entered into between Gertzen Digital Solutions GmbH (“Licensor”) and you (“Customer”) with respect to your use of Product as mentioned below.
By purchasing Subscription on a Software, Customer becomes a party to this Agreement and Customer consents to be bound by all the terms and conditions set forth below.2. Definitions
2.1. "Agreement" means this License Agreement.
2.2. "Customer", "Licensee" or "You" means the sole proprietor or legal entity specified in the Subscription Confirmation. For legal entities, "Customer" includes any entity which controls, is controlled by, or is under common control with Customer.
For the purposes of this definition, "control" means one of the following:
1) The power, directly or indirectly, to direct or manage such entity, whether by contract or otherwise.
2) Ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2.3. "Product" means any generally available Licensor’s software product identified by Licensor as a software developer tool.
For the avoidance of doubt, the Product is not produced to the specifications of Customer nor customized through modification or personalization, is intended for mass distribution, and no software code will be provided to Customer.
2.4. "User" means any employee, independent contractor or other personnel obtaining access to the Product(s) from Customer.
2.5. "Number of Concurrent Sessions" means maximum number of software testing processes being run using the Product in parallel. This can be for example browsers executing User’s tests.
2.6. "License Key" means a unique key-code that enables a Licensee to use the Product by unlocking the fixed Number of Concurrent Sessions. Only Licensor or Product developer (Aerokube Software OÜ) are permitted to provide License Keys for the Product to the Customer.
2.7. "Subscription" means an arrangement for making use of the Product of periodic nature on a prepayment plan. For the purpose of clarity, Subscription includes the subscription term, Products provided to Customer, subscription fees, payment schedules and fixed number of License Keys.
2.8. "Subscription Confirmation" means an email confirming Customer’s rights to access and use Products, including total Number of Concurrent Sessions.
2.9. "Product Installation" means a Product copy running on Customer’s computer device, hardware server or virtual machine.
2.10. "Product Version" means a release, update, or upgrade of a particular Product that is not identified by Licensor as being made for the purpose of fixing software bugs.
2.11. "Bug Fix Update" for a particular Product Version means a software update or release that is specifically identified by Licensor as a bug fix for that Product Version.
2.12. "Affiliate" means any entity belonging to the same group as the Licensor.3. Grant of Rights
3.1. The Product includes code and libraries of the third parties, including open-source software.
3.2. The Product is provided basing on the Number of Concurrent Sessions. If Customer complies with the terms of this Agreement, Customer has the rights stipulated hereunder for each Subscription that Customer acquires. Customer’s rights acquired in relation to the Product are limited to those necessary to enable Customer and its Users to effectively operate the Product(s). All other rights remain reserved to Licensor.
3.3. Unless the Subscription has expired or this Agreement is terminated in accordance with the respective section, and subject to the terms and conditions specified herein, Licensor grants Customer a non-exclusive and non-transferable right to use each Product covered by the Subscription as stipulated below.
3.4. Customer may:
• For each License Key included to Subscription have one Product Installation of any version covered by the Subscription on any operating system supported by the Product.
• Make one backup copy of the Product solely for archival/security backup purposes.
3.5. Customer may not:
• Allow the same Product Installation to be used concurrently by more than the Number of Concurrent Sessions specified for used License Key in Subscription Confirmation.
• Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product.
• Provide access to the Product or the right to use the Product to a third party.
• Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover thesource code of the Product.
• Remove or obscure any proprietary or other notices contained in the Product.
3.6. Customer acknowledges that no ownership right is conveyed to Customer under this Agreement, irrespective of the use of terms such as "purchase" or "sale".
Product developer (Aerokube Software OÜ) has and retains all rights, title and interest, including all intellectual property rights, in and to the Products and any and all related or underlying technology, and any modifications or derivative works thereof, including without limitation as they may incorporate Feedback (as defined below).4. Access to Products
4.1. All deliveries under this Agreement will be electronic. Customer and its Users must have an Internet connection in order to receive any deliveries. For the avoidance of doubt, Customer is responsible for downloading and installing the Products.
4.2. Customer enables full access to Product Installation by specifying a License Key from Subscription Confirmation.5. Fees
5.1. Customer shall pay its Subscription fees in accordance with the terms of purchase.
5.2. The Subscription fees shall be paid in full, and any levies, duties and/or taxes imposed by Customer’s jurisdiction (including, but not limited to, value added tax, sales tax and withholding tax), shall be borne solely by Customer.
5.3. Customer may not deduct any amounts from fees payable to Licensor, unless otherwise specified in the applicable terms of purchase.
6. Feedback
6.1. Customer has no obligation to provide Licensor with ideas, suggestions, or proposals ("Feedback").
6.2. If Customer or Users submit Feedback to Licensor, then Customer grants Licensor a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.7. LIMITED WARRANTY
ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE PRODUCTS IS AT YOUR OWN RISK. LICENSOR MAKES NO WARRANTY AS TO THEIR USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LICENSOR DOES NOT WARRANT:
• THAT THE PRODUCTS ARE ACCURATE, RELIABLE OR CORRECT
• THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS
• THAT THE PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE
• THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED
• THAT THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.8. DISCLAIMER OF DAMAGES
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AEROKUBE (OR ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES), OR AEROKUBE LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR:
• ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE
• ANY LOSS OR DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF CUSTOMER’S ACCESS TO OUR PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT
• ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), INCLUDING THOSE:
a. RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE
b. BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION
c. ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S USE OF OR ACCESS TO THE PRODUCTS OR SUPPORT.
8.2. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.3. THE TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO ONE HUNDRED (100) US DOLLARS OR THE AGGREGATE AMOUNT PAID OR PAYABLE BY THE CUSTOMER FOR PRODUCTS DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. THIS LIMITATION WILL APPLY EVEN IF WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Term and Termination
9.1. The term of this Agreement will commence upon acceptance of this Agreement by Customer as set forth in the preamble above, and will continue for each Product through the end of the applicable subscription period specified in the respective Subscription Confirmation. This Agreement will automatically renew with respect to each Product for a successive subscription term, unless terminated as set forth herein.
9.2. Customer may terminate this Agreement at any time by cancelling its Product subscription. If such termination occurs during a then-current subscription period, this Agreement will continue to be effective until the end of that subscription period. Such termination does not relieve Customer of the obligation to pay any outstanding subscription fees owed to Licensor, and no credits or refunds will be issued to Customer for prepaid subscription fees (except as specified in the Licensor Terms of Purchase, if applicable).
9.3. Licensor may terminate this agreement if:
1) Customer has materially breached this Agreement and fails to cure such breach within thirty (30) days of written notice thereof.
2) Customer fails to make the timely payment of subscription fees in accordance with "Fees" Section of this Agreement.
3) Licensor is required to do so by law (for example, where the provision of the Product to Customer is, or becomes, unlawful).
4) Licensor or Product developer elects to discontinue providing the Product, in whole or in part.
10. Temporary Suspension for Non-payment
10.1 Licensor reserves the right to suspend or limit Customer’s access to Products if Customer fails to pay subscription fees on time.
10.2. If Licensor suspends or limits Customer’s access to Products for non-payment according, Customer must pay all past due amounts in order to restore full access to Products.
10.3. Customer hereby agrees that Licensor is entitled to charge Customer for the time period during which Customer has access to Aerokube Products until Customer or Licensor terminates or suspends Customer’s subscription in accordance with this Agreement.
11. Export Regulations
Customer shall comply with all applicable laws and regulations with regards to economic sanctions, export controls, import regulations, and trade embargoes (all herein referred to as "Sanctions"), including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Customer declares that it is not a person targeted by Sanctions nor is it otherwise owned or controlled by or acting on behalf of any person targeted by Sanctions. Further, Customer warrants that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.
12. Customer Support
12.1. Сustomer support is provided by Product developer via e-mail as well as Instant Messaging Support. The response time will be reasonable, but no specific response time guarantees are given.
13. Other Provisions
13.1. Entire Agreement. This Agreement, including the Third-Party Software license terms, constitutes the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between Customer and Licensor regarding Customer’s use of any Products. No purchase order, other ordering document or any handwritten or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Customer and Licensor.
13.2. Reservation of Rights. The Licensor reserves the right at any time to change the prices and terms of use of the Product. Product developer (Aerokube Software OÜ) has the right at any time to cease the support of the Product and to alter features, specifications, capabilities, functions, release dates, general availability or other characteristics of the Product.
The Licesor is authorized by Product developer to grant to the Customer a non-exclusive and non-transferable right to use each Product on terms and conditions set in the Agreement.
13.3. Changes to this Agreement. Licensor may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Customer’s rights, Licensor will use reasonable efforts to notify Customer. If we modify this Agreement, the modified version of the Agreement will be effective from the start of the next Subscription term.
In this case, if Customer objects to the updated Agreement terms, as Customer’s exclusive remedy, Customer may cancel the Subscription. For the avoidance of doubt, each Subscription Confirmation is subject to the version of the Agreement in effect on the Subscription Confirmation date.
13.4. Opportunity to Review. Customer hereby declares that Customer has had sufficient opportunity to review this Agreement, understand the content of all its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering it. Consequently, any statutory "form contract" ("adhesion contract") regulations shall not be applicable to this Agreement.
13.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
13.6. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.
13.7. Notice. Product developer or Licensor may deliver any notice to Customer via electronic mail to an email address provided by Customer, registered mail, personal delivery or renowned express courier (such as DHL, FedEx or UPS). Any such notice will be deemed to be effective:
• On the day the notice is sent to Customer via email;
• Upon personal delivery;
• One (1) day after deposit with an express courier or five (5) days after deposit in the mail, whichever occurs first.
13.8. Governing Law. This Agreement will be governed by the laws of the Germany, without reference to conflict of laws principles. Customer agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Germany. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13.9. Force Majeure. Except with respect to Customer’s payment obligations, neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of such party ("Force Majeure Event"), such as a strike, blockade, war,
Area of application
These General Terms and Conditions (T&Cs) are an integral part of all contracts concluded with Gertzen Digital Solutions GmbH via the booking platform operated by Gertzen Digital Solutions GmbH . The special conditions contained in clause 24 of these T&Cs shall take precedence over the other regulations in these T&Cs for contracts subject to the regulations stated in that clause. The booking platform can be accessed online at the Internet address www.gertzen-digital.com These T&Cs apply regardless of which user interface is used for the booking platform; they also apply in particular if access to the booking platform is not via a browser, but via a software
interface from another program. Insofar as Gertzen Digital Solutions GmbH commissions a carrier for transport with the knowledge of the customer, the general terms and insurance conditions shall apply in the version that is valid at the time the order is placed, in addition to Gertzen Digital Solutions GmbH T&Cs, unless otherwise it is not expressly stipulated in the General Terms and Conditions of Gertzen Digital Solutions GmbH, that individual provisions of the general terms and conditions of business and insurance conditions of the sub-carrier do not apply and these provisions are expressly named in each case. In case of any discrepancies between these General Terms and Conditions and the General Terms and Conditions of Business and Insurance of the respective subcarrier the provision that is more favourable to Gertzen Digital Solutions GmbH in the specific case shall apply.
Relationship to other regulations
In the event that the provisions of these T&Cs deviate from statutory provisions or applicable binding international agreements, the provisions of these T&Cs shall take precedence. In addition, the relevant statutory regulations and the relevant regulations of international agreements shall apply, e.g. the International Convention on the Contracts for the Carriage of Goods by Road (CMR), the Montreal Convention, the Convention concerning International Carriage by Rail (COTIF) etc.
The T&Cs of Gertzen Digital Solutions GmbH and the relevant conditions of the carriers shall take precedence over any terms and conditions of the customer. Conflicting terms and conditions of contractual partners are only valid if Gertzen Digital Solutions GmbH has explicitly agreed to their application in writing. Gertzen Digital Solutions GmbH hereby explicitly rejects any standard reference to the contract partner’s own terms & conditions.
Booking procedure and conclusion of contract
The customer as Sender has the possibility to conclude contracts for the provision of transport services via the booking platform. The platform offers an input mask in which the customer can enter the shipping specifications (e.g. pick-up and delivery location, dimensions, weight, desired pick-up and delivery date) for the shipment of one or more
2
Terms and Conditions
packages. Based on the customer’s request, Gertzen Digital Solutions GmbH lists the available individual shipping conditions (especially prices, estimated shipping time), together with the respective national and international transport company, courier and express company that would be commissioned by Gertzen Digital Solutions GmbH as
the carrier depending on the shipping method. By selecting a list entry and clicking the order button, the customer submits a binding offer to Gertzen Digital Solutions GmbH. A contract is only deemed concluded upon receipt of an order confirmation from Gertzen Digital Solutions GmbH. The sending of a dispatch label for the respective order to the customer is considered an order confirmation; this also applies if the respective carrier issues the dispatch
label. Transport contracts for goods that are excluded from transport according to
section 4 shall not enter into effect. Gertzen Digital Solutions GmbH and their carriers are not obliged to verify the correctness of information provided by the Sender.
Carriers
Gertzen Digital Solutions GmbH commissions the transport company selected by the customer according to clause 3 of these T&Cs as the carrier to carry out transport services.
Goods that are excluded from transport
With the exception of special deliveries that are individually agreed upon with the Sender, the following goods are excluded from transport: goods that are subject to national or international regulations concerning dangerous goods (e.g. by IATA); goods that due to their nature or packaging may pose a threat to human beings, other transported goods or other things; goods that require special safety measures or official approval; goods whose shipment, transport or storage is banned in the sending, destination or in a transit country or is a violation of export or import bans or any other legal regulations; prohibited articles as defined in the Annex to Regulation (EC) No. 2320/2002 of the European Parliament and the Council dated 16th December 2002 on common rules in the field of civil aviation security (Regulation (EC) No 2320/2002); means of payment, telephone and prepaid cards, pecuniary documents and transferable securities (e.g. money, credit cards, cheques, savings books, bills of exchange, securities); items of extraordinarily high value (e.g. works of art, unique items, antiques, securities, precious stones, precious metals, genuine pearls, postage stamps, coins); all types of motor vehicles; live animals and plants, animal remains, human body parts or mortal remains; narcotics and pharmaceuticals, weapons and explosives, food products and alcohol, frozen goods, tobacco products, radioactive substances and nuclear fuel (if in excess of statutory exemption limits) weapons and ammunition (with the exception of hunting and sports weapons and ammunition); explosive goods pursuant to section 1.1 of the Ordinance on the Transport of Dangerous Goods by Sea; drugs to which the Act on the Traffic in Narcotic Drugs (Opium Act) dated 10th December 1969, as amended, applies; glass, porcelain etc. and delicate electronics, used or damaged goods; mobile phones; goods that are of low value in themselves but whose loss or damage may lead to significant consequential damage (e.g. data carriers with sensitive information); consignments with the postage “freight collect”.
No valid transport contract shall enter into effect for items that are excluded from transport. Perishable or temperature-sensitive goods that are not excluded from transport due to the provisions listed above shall be transported at the Sender’s risk; there shall be no special handling. Document shipping is not available for consignments that require a customs declaration. Goods shipping must be selected for such goods.
Prices, due date, customer default
The prices agreed in each case apply to the transport of the package(s) with the specifications provided by the customer. The transport prices calculated by Gertzen Digital Solutions GmbHand contractually agreed are based on the information provided by the Sender during the booking process. If the specifications of the consignment differ from the information provided by the customer in the booking process, the customer shall owe the price resulting from the actual consignment specifications in the price list of the carrier designated by the Sender on the day of booking, provided that this price is higher than the price calculated in the booking process. As a rule, Gertzen Digital Solutions GmbH grants a discount on the list price even in this case of retro-billing, but the customer is not entitled to such a discount. The agreed prices do not contain government fees, customs duties, tax or any other duties. Payment of the agreed prices for the transport is due immediately after
completion of the respective booking. If the customer does not pay within 7 days after the due date and receipt of an invoice, they are in default without the need for a reminder. The invoice is considered received three working days after the invoice date, unless another date is proven by the Sender or the Recipient. Gertzen Digital Solutions GmbH is obliged to send the invoice no later than the day following the invoice date. In the event of default, the customer is obliged to pay the statutory default interest.
Cash on delivery services are not available.
Expenses
Gertzen Digital Solutions GmbH is entitled to a lump-sum reimbursement of expenses for the following services per individual case to the amount specified, plus the statutory value added tax:
Invoice correction due to customer number entered incorrectly by the customer: EUR 7.50
Invoice in paper form at the customer’s request: EUR 2.50
Subsequent bookings that are not made via the Gertzen Digital Solutions GmbHportal: EUR 5.00
Customs clearances: EUR 2.50
If Gertzen Digital Solutions GmbHis liable to third parties for government fees, customs duties, taxes and other charges in connection with the transport of the customer’s cargo, the customer shall release Gertzen Digital Solutions GmbH from this liability. This does not apply to fines, penalties or other public payment obligations that are not attributable to the customer. If a shipment cannot be delivered, the customer shall bear all costs arising from the return or disposal and shall release Gertzen Digital Solutions GmbH from such costs. In all other respects, Gertzen Digital Solutions GmbH is entitled to reimbursement of expenses in accordance with the statutory provisions.
Additional services
If the customer commissions or arranges for further expenses or services, e.g. proof of delivery, insurance, transport in case of oversized goods, preparation of an export declaration etc., they shall reimburse Gertzen Digital Solutions GmbH the prices charged by the respective carrier, which are based on the carrier’s current price lists. Collection and delivery is generally not available on Saturday, Sunday and public holidays.
Obligations of the Sender
The customer or a third party is obliged to keep the consignment ready for dispatch at the contractually agreed collection time or the collection time specified by Gertzen Digital Solutions GmbH and to hand it over at an easily accessible location. Paragraphs 410 and 411 of the German Commercial Code (Handelsgesetzbuch) must be observed. The goods are to be packed by the customer in such a way that no damage can occur to packages, including those of third parties, during the normal course of things, provided these are also properly packed. In particular, the number, weight and dimensions of the packaged consignment must correspond to the information provided to Gertzen Digital Solutions GmbH and 5 Terms and Conditions must not be an object excluded from transport within the meaning of section 5.
At the request of Gertzen Digital Solutions GmbH or the carrier used by Gertzen Digital Solutions GmbH, the Sender is obliged to issue a consignment note. In this respect, the statutory provisions apply. The recipient’s address must be specified in the shipping order and on the consignment note, written in the way that is customary for the country of destination.
Shipments for which only a PO Box, a parcel station or similar depot is indicated do not entitle the customer to shipment, but Gertzen Digital Solutions GmbH still reserves the right to carry out shipment. The Sender undertakes to inform Gertzen Digital Solutions GmbH and its carriers of all special, non-obvious characteristics of the consignment which are likely to have a significant effect on the provision of the service. The Sender authorises the carrier that is commissioned by Gertzen Digital Solutions GmbH to carry out the required customs procedures. Gertzen Digital Solutions GmbH is entitled to grant authorisation to the respective carrier. The Sender is obliged to provide Gertzen Digital Solutions GmbH and the carriers with all information required to complete the customs formalities and to provide the necessary documents. The Sender must attach to the cargo all documents and information required in each individual case and ensure that they comply with all applicable customs regulations and the Sender must provide Gertzen Digital Solutions GmbH and its carriers with the necessary information and documents required to comply with customs regulations during transport.
Transport obligation
The customer is entitled to transport of the respective transport goods. The customer is not entitled to transport of the transport goods if the recipient is a natural or legal person or an organisation that is on a list of sanctions and embargoes of the Federal Republic of Germany (FRG) or an intergovernmental or supranational organisation recognised as binding by the FRG. The customer also has no claim to transport of the transport goods if the respective goods are a consignment excluded from transport within the meaning of these T&Cs (section 5) or within the meaning of the terms of use for the shipping platform.
Delivery times
The shipment times determined via Gertzen Digital Solutions GmbH are stated in working days (Monday to Friday) and are of an indicative nature, unless a particular delivery date is explicitly agreed, e.g. express deliveries. If a certain delivery period is expressly agreed, it begins with the actual acceptance of the consignment by Gertzen Digital Solutions GmbH or the respective carrier, unless the acceptance of the consignment is delayed for reasons for which Gertzen Digital Solutions GmbH or the respective carrier is responsible. However, if Gertzen Digital Solutions GmbH delays shipment more than thirty (30) days after the estimated delivery date (the “Delayed Shipment Date”), then Customer may, as its sole remedy therefor, cancel the related shipment order regarding the delayed Goods by giving Gertzen Digital Solutions GmbH notice within five (5) days of the Delayed Shipment Date.
Non-acceptance or abandonment of transport
6 Terms and Conditions Gertzen Digital Solutions GmbH and their carriers reserve the right to exclude from transport any consignments that contain items for which the customer is not entitled to transport, to abandon the transport of such consignments and/or to hand these over to official bodies. This shall also apply for consignments whose contents or packaging poses a threat to human beings or means of transportation or that may cause damage to other transported goods.
Performance of transport
Gertzen Digital Solutions GmbH and their carriers are free to choose the route, means and type of transport, including in deviation from the specifications included in the consignment note. Permitted dimensions, weights, prices and services are based on the scope of services and the mode of transport selected by the Sender. Instructions issued by the Sender after a consignment has been handed over do not have to be observed. § 418 sections 1 to 5 and § 419 of the German Civil Code (Bundesgesetzbuch) shall not apply. Gertzen Digital Solutions GmbH is not obliged to verify whether a consignment contains items that are excluded from transport or contains perishable or temperature-sensitive goods or whether it requires a customs declaration.
Right of inspection and correction
Gertzen Digital Solutions GmbH , its carriers, regulated agents within the meaning of Regulation (EC) No. 2320/2002 and any state authority, in particular the customs authorities, are authorised, but not obliged, to open and inspect the consignments handed over if there is a justified interest in doing so or if there is a risk of delay. Gertzen Digital Solutions GmbH reserves the right to correct any detected weight or volume deviations in the consignment note. The Sender’s sole liability for the correctness of their declarations shall remain unaffected.
Delivery
Gertzen Digital Solutions GmbH is obliged to deliver the consignment to the recipient or to the recipient’s authorised representatives if they can prove their power of representation. The consignment shall be delivered, with exempting effect for Gertzen Digital Solutions GmbH , to any person that is present at the recipient’s business or private household address that is specified as the destination address, provided that there is no justified doubt as to their authority to receive the goods. Shipments to recipients in shared facilities (e.g. hospitals) may be handed
Gertzen Digital Solutions GmbH
Kolonnenstr. 8, 10827, Berlin
Commercial Register Number: HRB 265275 B
VAT (Ust. -IDNr) DE369467472
Email: [email protected]
Telephone: +49017645935677
Managing Directors: Gertzen Natalia