Terms and Conditions

Note: This is a translation of the legally binding German version. In case of discrepancies, the German text prevails.

§ 1 Scope

(1) These General Terms and Conditions apply to all contracts between Smart Zoll (hereinafter “Service Provider”) and its clients (hereinafter “Customer”) concerning services in the areas of customs handling, export clearance, ATLAS declarations, export declarations, customs consulting, and related services.

(2) Deviating terms of the Customer apply only if the Service Provider expressly agrees to them in writing.

§ 2 Scope of services

(1) The Service Provider undertakes, on behalf of the Customer, the preparation and submission of customs declarations, in particular import declarations and export declarations via electronic customs systems (ATLAS I Scope – Riege).

(2) The specific scope of services results from the respective individual order.

(3) The Service Provider renders its services as a direct or indirect representative within the meaning of customs law, unless otherwise agreed in writing.

§ 3 Customer’s duties to cooperate

(1) The Customer is obliged to provide all information and documents required for the performance of the order completely, correctly, and in due time.

(2) The Customer bears sole responsibility for:

• the accuracy of the goods information
• tariff classification
• customs values
• origin declarations
• permits and licences
• embargo and sanctions checks

(3) The Service Provider is not obliged to verify the substantive accuracy of the data submitted by the Customer.

§ 4 Liability

(1) The Service Provider is liable only for damages caused by intentional or grossly negligent conduct.

(2) In cases of ordinary negligence, the Service Provider is liable only for the breach of essential contractual obligations (cardinal duties) and limited to the foreseeable damage typical of the contract.

(3) Liability for indirect damage, lost profits, or consequential damages is excluded to the extent permitted by law.

(4) The Customer indemnifies the Service Provider against all third-party claims that are based on incorrect or incomplete information provided by the Customer.

§ 5 Remuneration

(1) Remuneration is governed by the price list in force at the time or by individual agreement.

(2) Invoices are due immediately without deduction, unless otherwise agreed.

(3) In the event of late payment, the Service Provider is entitled to charge default interest at the statutory rate.

§ 6 Data protection

(1) The Service Provider processes personal data exclusively within the framework of the applicable data protection laws, in particular the General Data Protection Regulation (GDPR).

(2) Where required, the parties shall conclude a separate data processing agreement.

§ 7 Confidentiality

Both parties undertake to maintain confidentiality with respect to all non-public information that becomes known to them in the course of their cooperation.

§ 8 Force majeure

The Service Provider is not liable for delays or service failures due to force majeure, in particular disruptions to customs systems, server outages, or measures taken by authorities.

§ 9 Jurisdiction and applicable law

(1) German law applies.

(2) The place of jurisdiction is, to the extent legally permissible, the registered office of the Service Provider.

§ 10 Severability

Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.