Customer Terms

These terms and conditions (hereinafter referred to as Terms and Conditions) govern the contractual legal relationship between Simba Express a trading name of Simba Solution Limited ("Simba Express") and its customers (hereinafter referred to as the Customer) within the scope of the Simba Express Service. They apply to the collection, transport and delivery of Simba Express small parcels, parcels and luggage (hereinafter referred to as consignment(s)) in accordance with the price and service overview valid at the time. Any conflicting terms and conditions of the Customer are expressly rejected.

In addition, the respective valid regulations on packaging and labelling of consignments shall apply. In the case of cross-border transports, the mandatory provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road) shall apply with priority.

Description of services
In cooperation with its affiliated system partners Simba Express shall undertake to the collection, transport and delivery of Simba Express small packages, parcels and luggage well as the transport and delivery of parcels to countries in accordance with the applicable price and service overview.
Parcels may be posted for transport and delivery at Simba Express Partners (hereinafter referred to as Partners). Parcels (including luggage) with an individual weight of up to 25 kg will be accepted for delivery at the Partners; deviations, if applicable, according to the respective valid price and service overview. The collection of the consignment(s) will take place approximately on the next working day or the day after (Monday to Saturday) or on an expressly agreed collection day at the address specified by the Client. In the case of private addresses, the item(s) will be collected at the front door; in the case of commercial addresses, it will be collected at the reception desk. Two collection attempts will be made. The permissible dimensions and weights are listed in detail in the price and service overview.
Simba Express does not carry out scheduled deliveries. Compliance with a specific delivery period is not owed.
Delivery is made to the addressee indicated on the consignment by personal handover against signature of the Customer. The sender agrees that delivery may also be made to members and employees of the recipient's household present on the recipient's premises as well as to immediate neighbours of the recipient, provided that it can be assumed under the circumstances that they are entitled to accept the item ("neighbourhood delivery"). Immediate neighbours in the aforementioned sense are all persons who live in the same building as the recipient or in a nearest building. Furthermore, Simba Express is entitled to deposit the consignment at a location specified by the Customer, provided the Customer has given Simba Express prior permission to do so on a one-off or permanent basis ("desired deposit location"). If a neighbourhood drop-off or a drop-off at the desired drop-off location is carried out, the recipient (= addressee) will receive a notification in text form or in the form of a notification card with qualified information about the time and place of the drop-off.
Simba Express is entitled to hand over luggage to the personnel who can be reached at the address given and who are typically authorised to accept luggage.
If the item cannot be delivered in the manner described, a maximum of three further delivery attempts will be made to the addressee in the case of national delivery, and between one and two further delivery attempts in the case of international delivery; deviations, if applicable, according to the respective valid price and service overview. After that, the item is considered undeliverable.
Items with an incorrect address are also considered undeliverable if the correct address cannot be determined with reasonable effort, and items whose acceptance is refused, as well as items that are not collected by the recipient from the Partner after expiry of the respective storage period or after request.
Undeliverable shipments will be returned to the Customer by Simba Express. If the Customer refuses to accept the return, Simba Express is entitled to dispose of the consignment at its own expense and at its own discretion, including selling or destroying it. If the consignor cannot be identified, Simba Express is entitled to open the consignment in order to identify a sender. If a sender is identified through the opening, Simba Express will either obtain the sender's instructions or, if the consignment is not a dangerous consignment, return it at the sender's expense. In the case of consignments with dangerous contents Simba Express is entitled to destroy or sell the consignment at the Sender's expense. If no sender can be identified Simba Express may also destroy or sell the contents in accordance with applicable law. Any claims for damages on the part of the Customer remain unaffected.

Contractual relationship
An order for carriage (application by the Customer for the conclusion of a contract of carriage) is made by handing over a consignment in accordance with the conditions.
Insofar as Simba Express allows the Customer to determine the place and time of delivery , the right to issue instructions and dispose of the consignment in this respect passes to the Customer, , as soon as the consignment is handed over. However, Simba Express is not obliged to comply with instructions given by the Customer after the consignment has been handed over. In the case of cross-border carriage the consignor's right of disposal according to Art. 12 CMR remains unaffected.
If consignments do not comply with the conditions set out in these Terms and Conditions or the permissible dimensions and weights stated in the price and service overview or the applicable regulations on packaging and labelling, Simba Express will refuse to transport them. If such a consignment nevertheless enters the Simba Express system, Simba Express is entitled to discontinue further carriage at any time or to levy a subsequent reasonable additional charge from the addressee. If the addressee refuses to pay such an additional fee or if there are reasonable grounds for suspecting that the consignment accepted is not in compliance with the conditions as set out in Section 4 of these Terms and Conditions, Simba Express is entitled to return the consignment or to hold it ready for collection by the Customer. In the event of such a return Simba Express is entitled to charge an appropriate fee amounting to at least one third of the agreed fee in addition as compensation for expenses. The Customer is entitled to provide evidence that Simba Express has incurred substantially less expense.
Simba Express is entitled, even after taking delivery of the consignment(s), to demand from the Customer information about the contents of the consignment(s) in order to ascertain whether it is a consignment in accordance with the conditions. If the Customer refuses to provide the information or if the information cannot be obtained in time, Simba Express is entitled to examine the contents of the consignment if there is reason to believe that this is necessary to avert danger to persons or property.
Termination of the contractual relationship by the Customer after handing over the consignment(s) to Simba Express is excluded.
The delivery order is deemed to have been carried out when the consignment is handed over to the Customer in accordance with these Terms and Conditions.

Consignments in accordance with the conditions

Simba Express shall transport consignments which comply with the applicable price and service schedule as well as the applicable regulations on packaging and labelling.

Not accepted as part of the Simba Express Service
Consignments whose transport violates legal or official prohibitions or whose transport or storage is subject to national or international dangerous goods regulations,
Consignments whose carriage is subject to special conditions, in particular special export, import or customs regulations of a country of transit or destination provided the Customer uses the standard customs clearance procedure offered by Simba Express within the permissible framework,
consignments with inadequate packaging, which in particular do not comply with the regulations on packaging and labelling, as well as consignments with liquid contents, insofar as these are not packed in a break-proof manner and protected against leakage,
Works of art, antiques, stamps as collector's items, negotiable instruments, securities, precious metals, precious stones, industrial diamonds;
Money and other valid means of payment;
Consignments which require special handling and would therefore require special precautions by Simba Express for transport; this applies in particular, but not exclusively, to perishable or otherwise temperature-sensitive goods whose transport requires special protection against the effects of heat or cold, and to hanging garments;
Consignments containing human remains;
Consignments containing live animals and parts or remains of animals; this exclusion does not apply to processed hides or leather or to animal feed derived from animal products, provided that they do not contain live animals;
Consignments containing firearms, cutting weapons or impact weapons or equivalent objects;
Consignments which, due to their external characteristics or contents, may endanger persons or damage material goods or other consignments;
Consignments to the countries of destination Switzerland and Liechtenstein that contain tobacco or alcohol;
Consignments for which the pick-up address or delivery address designated by the customer is unsuitable or can only be reached with disproportionate difficulty (including, in particular, airports or cruise terminals) or for whose posting or delivery special expenses or security measures are required;
Items addressed to a P.O. Box address, a Packstation or a wholesale postcode. Information on the design of the address can be found in the applicable regulations on the packaging and labelling of items.

Prices
The fee to be paid is shown in the price and service overview valid at the time.
The fee to be paid, including any surcharges, is to be paid in cash by the customer in advance, at the latest, however, upon delivery of the consignment(s).
Simba Express will collect any customs, import and export duties from the Customer. If the Customer fails to pay these, this shall be deemed to be a refusal to accept the consignment.

Liability
Unless otherwise expressly agreed in these Terms and Conditions or between Simba Express and the consignor, Simba Express is liable for national transport only in accordance with applicable laws. In the case of cross-border transport Simba Express is only liable in accordance with Art. 17 ff. CMR.
In the event of loss of or damage to a consignment Simba Express shall be liable to the Customer only to the extent of the direct damage typical of the contract up to the statutory liability limits. In the case of loss of or damage to consignments subject to the terms of the contract, Simba Express waives the right to invoke the maximum liability limit, in the case of cross-border transport, pursuant to Article 23 of the CMR, insofar as the proven direct damage is less than GBP 50.00 for Simba Express small packages, less than GBP 500.00 for parcels and less than GBP 1,000.00 per item for luggage.
If the Customer has handed over to Simba Express a consignment which does not comply with the conditions without expressly pointing this out in writing and if damage occurs to the consignment which, according to the circumstances of the case, could have arisen from the lack of permissibility of the consignment, it is presumed in favour of Simba Express that the damage arose from this risk. The special grounds for reduction of liability or exclusion of liability or, in the case of cross-border carriage, under Article 17 of the CMR remain unaffected.
The customer or Customer must report any externally visible damage to or loss of the consignment at the latest on delivery of the consignment, and any damage or loss which is not externally visible within 7 days of delivery, in each case clearly marking the damage or loss. Otherwise, it is assumed that the damage was not present at the time of delivery and that the consignment was handed over in full.
A total loss of the consignment is presumed if a consignment has not been delivered within 20 days after handover for delivery in the case of national delivery, or within 30 days in the case of international delivery.
Claims arising from the contract may be asserted under the statutory conditions by the customer, in each case upon presentation of the delivery receipt.
All claims of the customer shall become time-barred in accordance with applicable legislation or, in the case of cross-border carriage, in accordance with Art. 32 CMR. Insofar as claims are concerned which are not subject to the provisions of the contract of carriage under applicable legislation or, in the case of cross-border carriage, the CMR, the statutory limitation periods shall apply. However, the limitation periods shall apply mutatis mutandis to claims arising from any tortious liability on the part of Simba Express.
The Customer is liable to Simba Express directly or on the basis of a claim by a third party for damage caused by shipments not complying with the conditions. In the case of an order from a consumer this only applies if the Customer is at fault.
If the Customer fails to pay additional costs incurred in the course of a delivery (customs duties, import and export duties), the Customer must reimburse Simba Express for the costs of returning the refused consignment plus any additional costs incurred.
The Customer is liable for all consequences arising from an unauthorised cross-border parcel shipment and violations of export, import or customs regulations.

Data Processing
All personal data will be processed by Simba Express in accordance with the statutory provisions, in particular the Data Protection Act and the EU General Data Protection Regulation.
Simba Express points out that Simba Express uses the services of third parties (subcontractors) to fulfil its obligations. In order to perform the contracts concluded with the Customer Simba Express is authorised to transfer personal data to these third parties to the extent necessary.
Simba Express uses electronic means to prove proper delivery and therefore stores data relating to delivery, e.g. the digitised form of the recipient's signature, date and time of delivery, for verification purposes.

Regulations on packaging and labelling of shipments
Address and sender details on consignments. Each consignment handed over to Simba Express for transport requires a full address and sender information from the Customer. The address must be sufficiently precise and clear to enable the consignment to be transported and delivered without further investigation. It must not contain any additions that could lead to misunderstandings or make it difficult or impossible to process the consignment.
The inscription must be placed on the largest surface of the consignment (inscription side), whereby the clarity must not be impaired by information that is not part of the address. In the case of used packaging, all ambiguous information, e.g., old address data, must be removed.
The address must include, in order from top to bottom: the name of the addressee (plus company name, if applicable), the delivery details (street and house number; if available, plus number of the floor and flat number; in the case of companies, the department designation), the place of destination preceded by the postcode, and in the case of international carriage, the country of destination.
The place of destination preceded by the postcode should be clearly separated from the delivery details in the bottom line. The place of destination must be indicated without any additions that are not part of the official place name. The postcode must always be indicated in full.
The sender information must correspond to the address in its arrangement and components. The sender's address must not impair the clarity of the address. For security reasons, the address and sender's details must also be deposited inside the consignment.

Packaging conditions
Consignments must always be packed by the customer in a dimensionally stable and basically parallelepipedal package and, depending on the contents, type of consignment and size, in such a secure manner that damage during transport is excluded and the contents are protected against loss and damage. The packaging always includes suitable outer packaging, suitable inner packaging and a secure closure.
The outer packaging must be suitable for the contents in such a way that the packed items do not fall out, do not damage other consignments and are not damaged themselves. Adequate inner packaging must be provided and supplemented by fillers. In the case of transport-sensitive items, the packaging must be adapted to their particular sensitivity in order to take account of the specific nature, quantity and any other special features of the contents in each individual case. The packaging must safely protect the contents of the consignment against stresses to which they are normally subjected during shipment (e.g., pressure, impact, falling, vibration or temperature influences).
An outer packaging must be of parallelepipedal shape and be sufficiently dimensionally stable and pressure resistant. It must also be of sufficient size to provide space for the entire contents and the necessary inner packaging components. It must not give any indication of the nature and value of the goods.
The inner packaging must secure the contents and cushion them on all sides against the outer packaging and, if there are several contents, against each other. Sales and storage packaging is often only designed for palletised shipping. For individual shipment, additional packaging measures (e.g., moulded foam) are mandatory as transport packaging.
For sealing the consignments, resistant materials (e.g., tear-resistant, self-adhesive plastic packing tapes or fibre-reinforced wet adhesive tapes) must be used to guarantee the cohesion of the consignment. The heavier the consignment, the more resistant the seal must be.
Packaging or closures must not have any sharp edges, corners or points, e.g. protruding nails, staples, wood splinters or wire ends. The packaging must completely enclose the goods to be transported.

Packing conditions for luggage

Outer packagings for luggage are all lockable containers with handles such as suitcases, bags, garment bags and rucksacks. In order to avoid the usual traces of transport (scratches), a protective film is recommended. No objects (umbrellas, walking sticks, bicycle baskets etc.) may be attached to the outside of the luggage.

Secure packing
Luggage must always be locked and secured with additional locks if necessary.
Transport-sensitive components of the luggage must have an appropriate break-proof, fixed inner packaging. Cosmetics and hygiene articles must be additionally protected with an outer packaging. Screw caps and caps must be tightened to the torque recommended by the manufacturer.

No Waiver

No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Relationship of the Parties

Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.

Third Party Rights

No part of this Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

Dispute Resolution
The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.
If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure.
If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
The seat of the arbitration shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules for Arbitration as agreed between the Parties. In the event that the Parties are unable to agree on the arbitrator(s) or the Rules for Arbitration, either Party may, upon giving written notice to the other Party, apply to the President or Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.
Nothing in this Clause shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.
The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause shall be final and binding on both Parties.

Severance

In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable.

Law and Jurisdiction

These terms and conditions and the relationship between you and Simba Express shall be governed by and construed in accordance with the Law of England and Wales and Simba Express and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.