GLS CZ General Business Conditions

Pertaining to parcel forwarding and management

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General Logistics Systems Czech Republic, s.r.o.
Průmyslová 5619/1
CZ-58601 Jihlava

Hereinafter referred to as: GLS

These General Business Conditions are based on section 1751 et seq. of Act No. 89/2012 Coll., Civil Code, and they complement the legal regulations specified in the provisions of section 2471 et seq. of the above Act and are inseparable part of the Parcel Forwarding Contract, on the basis of which GLS undertakes to ensure the forwarding of parcels and the Client undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Business Conditions regulate in a binding way relations established between GLS and the Client on ensuring the forwarding of parcels.

The Client declares that it familiarized itself with the content of the General Business Conditions prior to the conclusion of the Forwarding Contract and that it agrees with them and accepts them without qualification.

These General Business Conditions shall be adequately applied also to the basic Contracts of Carriage made before the effect hereof and

a) such contracts are concluded pursuant to the provision of Section 2471 et seq. of Act. No. 89/2012 Coll., Civil Code;

b) should these General Business Conditions mention a Forwarder this shall be understood as a forwarding agent;

c) should these General Business Conditions mention a Client this shall be understood as a purchaser of transportation;

d) should these General Business Conditions mention a Forwarding Contract this shall be understood as a contract of carriage.

1. Introduction, concepts definition

1.1 GLS provides integrated domestic and export parcel forwarding and express forwarding services to business, institutional and corporate Clients generally endowed with legal personality, or natural personality undertaking pursuant to the Trades Licensing Act, who enter into basic Parcel Forwarding Contracts with GLS in respect of the use of such services, and make payments for the service periodically, in retrospect, based on the performance.

1.2 GLS shall be entitled to refuse the conclusion of the Parcel Forwarding Contract or to suspend the performance thereto for whatever reason, even without giving any reason.

1.3 GLS only forwards carriage-paid parcels, that is, the Client in all cases makes payment for the provision of forwarding services.

1.4 These General Business Conditions define the rights and duties undertaken by GLS and the Client in order that GLS may perform the forwarding of parcels at the appropriate standard of quality.

1.5 GLS in all cases provides delivery from the Client directly to the Addressee (door-to-door), and operates communication devices and an organizational apparatus that enables Clients to obtain answers to all inquiries they may have in relation to parcel delivery, either over the phone, via the email or via the internet.

1.6 Although the GLS product partly comprises an intermediated service (based on subcontractor performance), the GLS technology ensures that parcels can be tracked and traced throughout the entire process.

1.7 Definition of terms used in the General Business Conditions:

Forwarder – trading company General Logistics Systems Czech Republic, s.r.o. Company registration Number 26087961, with registered office at Průmyslová 5619/1,586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Part C, Insert 66184 (hereinafter referred to as GLS only).

Client – an entity, which has entered into a Forwarding Contract with GLS or another contract related to the transportation of things.

Sender – an entity marked on the parcel as the “Sender”.

Addressee – an entity, marked on the parcel as the “Addressee”, who is to accept the parcel.

Parcel – a thing accepted by GLS to provide a service under the Forwarding Contract or another contract related to the transportation of things entered into between the Client and GLS that is furnished with a GLS parcel label.

Export Parcel – a thing accepted by GLS to provide a service under the Forwarding Contract or another contract related to the transportation of things concluded between the Client and GLS, with the GLS parcel label affixed, where the address of the place of delivery is outside the Czech Republic.

Parcel Label – a label containing GLS bar code and placed on the upper and the biggest side of the parcel that is used to identify the Sender, Addressee, and address to deliver the parcel.

Forwarding Contract – a contract made between GLS and the Client in writing or in another form based on the provisions of Section 2471 et. seq. of Act No. 89/2012 Coll., Civil Code.

IOD – information on delivery of parcel provided in electronic format or verbally.

POD – written confirmation of parcel delivery.

Rollkarte – a summary used by GLS issued according to numbers of parcels in which the recipient confirms receiving the parcel.

Scanner – an electronic device used to record data during transportation of parcels, including the Addressee’s electronic confirmation of the parcel receipt.

GLS Network – members of the GLS General Logistics Systems system at a specific time.

Dispensing Place – the external partner location identified as GLS ParcelShop or the technical equipment, to carry out release of the shipment on the basis of the proof of authorization to pick it up.

Offer - GLS proposal specifying all price terms and conditions, including the amount of the reward and the price of each forwarding service. By concluding the Forwarding Contract (see 3.1.) the Client accepts the Offer and agrees to pay for the provision of forwarding services.

Parcel dispatch systemGLS software or online portal used for generating a unique parcel code, printing a parcel label and transferring the required data from the Client to GLS.

Own parcel dispatch system – a system used for generating a parcel label and transferring the required data which was not established and supplied by GLS.

Own parcel label – it is a parcel label which is generated by an own system and by own resources on the side of the Client, or the Sender. The label has to meet the requirements for the right shape, locating of obligatory information and a correct format of the bar code.

1.8 GLS maintains a Customer Service Office for the Clients at its headquarters, which is open from 7 a.m. to 6 p.m. on working days and provides information, based on parcel reference numbers, on parcel delivery (IOD), sends proof of delivery (POD) to the Client upon request, and handles any complaints related to parcel delivery.

The Customer Service Office can be reached:

Phone: +420 567 771 111
Fax: +420 567 771 199
Email: info@gls-czech.com

1.9 GLS also operates a Customer Service Office for Addressees, which is open on working days between 7 a.m. and 6 p.m. Addressee who call the number +420 840 123 456 or +420 567 771 111 are provided with information about their parcels, based on the parcel number.

1.10 Information regarding the status of parcels delivery may also be found, beginning on the subsequent business day following their acceptance, after you enter the parcel reference number at www.gls-czech.com in the main menu.

2. Enquiries, complaints management

2.1 The Client or its representative may make enquiries at Customer Service based on the parcel number, and may request the parcel information specified later herein (information on delivery, IOD), as well as a delivery certificate (proof of delivery, POD). The parcel information (IOD) service, in the case of parcels dispatched within the last 3 months, is provided immediately, and the delivery certificate (POD), in the case of parcels dispatched within the last 3 months, is sent within 4 hours. After this, the parcel information is kept available for another one year at least, but the deadline for providing the information lengthens to 3 working days.

2.2 All complaints regarding loss or damage of parcels received by the Customer Service shall be passed for investigation and handling to the Complaints Department of GLS. Complaints shall be made in writing.

2.3 In the case of a complaint, Customer Service receives the complaint, ensures that it is investigated and that the relevant corrective measures are taken, and informs the complainant accordingly.

2.4 Customer Service and Complaints Department address in writing all the claims and complaints and observations within the shortest possible time, but not later than within 30 days from the time the complaint is made.

2.5 The complaints are registered and the causes of the errors, if any, are eliminated in accordance with the stipulations of the ISO 9001 certified quality management system.

3. Purpose and geographical validity of the GLS General Business Conditions

3.1 GLS performs the parcel-forwarding service strictly on the basis of a valid and effective Forwarding Contract. The contract may be concluded in the usual form in writing, or alternatively also orally or implicitly after acceptance of the Offer and in accordance with the content of the Offer. However, in all cases the precondition for validity is that the Client have the requisite number of parcel tickets, issued to it by GLS, for posting the parcels, or the Client produce the parcel tickets and posting information in accordance with the GLS system regulations, and that it use these tickets whenever parcels are dispatched.

3.2 These General Business Conditions shall be valid for all the activities of GLS, including primarily the undertaking of integrated parcel-forwarding tasks, the collection, loading, unloading, handling and reloading of parcels, the temporary storage of parcels in the case of failed delivery, as well as the administration of the shipping of export parcels within countries belonging to the GLS Network.

3.3 These General Business Conditions shall apply exclusively to transport-related tasks covered by contracts concluded with GLS, and therefore they shall not apply to import parcel forwarding in the case of which the Client enters into a contract with the other member of GLS Network in accordance with the General Contractual Conditions of the foreign partner.

3.4 The products and services provided by GLS:

a) domestic, 24-hour integrated parcel delivery service, delivery usually on the day following the collection, provision of information regarding the transit time,

b) integrated export parcel delivery to EU member states and to Norway and Switzerland, in cooperation with the GLS Network,

c) the import of parcels sent by the members of the GLS Network to Czech Republic from the above countries, the customs clearance of the parcels in accordance with the Addressee’s instructions, and delivery of the parcels.

3.4.1 Domestic and integrated parcel forwarding:

In accordance with the request of the Sender, GLS performs the pick-up of the parcels at the location specified by the Client and the delivery of the parcels, keeping them constantly under its surveillance from pick-up to final delivery. The Sender can also keep track of the consignment as well as the information related to the consignment, and the proof of delivery is retrievable at any time (within the limitation period). In the event of a change of address, GLS also undertakes to clarify the address and to deliver the consignment to the clarified address. The service also includes the second delivery attempt following a first unsuccessful delivery, and – in the event of an address change – the delivery of the parcel to the new address, or, at the Addressee’s instruction, to the original address at a different time.

BusinessParcel:

A rapid and efficient door-to-door parcel delivery service. Within the Czech Republic, we deliver the parcels, collected from any town or village, during working hours (between 8 a.m. and 5 p.m.) on the working day after the day of pick-up. The second delivery attempt is free of charge.

ExpressParcel:

Delivery of urgent parcels to deadline, by noon on the day after the day of pick-up at the latest. Only available in certain towns; a list of these towns is available on the GLS website. In the event of a delay for reasons attributable to the service provider, the transport charge and twice the surcharge charged for the service shall be credited as fixed-amount compensation.

BusinessSmallParcel and ExpressSmallParcel:

Special handling for parcels under 3 kg: separate sorting, carriage in special GLS bags, simple procedure for designating consignments as small parcels using a GLS template.

3.4.2 Export Parcel Forwarding (international integrated parcel forwarding service):

the consignments are delivered by the foreign contracted partners of GLS Network while ensuring that the consignment remains under the surveillance of GLS from collection to delivery, and that the information related to the consignments as well as the proof of delivery can be retrieved at any time (within the limitation period). With respect to export parcels, the transit time (excluding customs clearance, from the time of pick-up until the consignment arrives at the depot of the target country performing the customs clearance) varies by target country, from 1 to 5 working days following pick-up. The time required for customs clearance varies according to the local regulations, and the related charges are borne by the Client or the Addressee. If in the case of Export Parcel Forwarding Client or the Addressee fail to meet payment obligations, GLS shall not have the obligation to deliver the consignment directly to the Addressee and GLS shall have the right to charge the costs demonstrably incurred in connection with the customs clearance to the Client. In the event of a change of address, GLS General Logistics Systems undertakes to clarify the address and to perform delivery to the clarified address. The service includes the second delivery attempt following an unsuccessful delivery.

EuroBusinessParcel and EuroBusinessSmallParcel:

Reliable, rapid and efficient road-based parcel forwarding from the Sender directly to the Addressee (door-to-door) with advantageous delivery times in 41 European countries.

3.4.3 Value-added services available to domestic Clients for special prices:

(These services may only be ordered through GLS Parcel Dispatch System.)

Guaranteed24Service:

Guaranteed next-day delivery – with this service GLS undertakes to ensure delivery within the Czech Republic on the working day following pick-up, with a guarantee of compensation in case of not meeting this deadline through the fault of GLS.

Pick&ReturnService:

Pick-up and return – GLS, on the instructions of its contracted partner, collects the parcel at a specifi ed location and delivers it to the Client anywhere in the Czech Republic. The Sender is responsible for correct parcel labelling at the loading location.

Pick&ShipService:

Pick-up and ship – GLS, on the instructions of its contracted partner, collects the parcel from the specified location and delivers it to any specified address in the Czech Republic. This service may be ordered also in the Customer Service office.

CashService:

Cash-on-delivery – The settlement and bank-transfer of the cash taken upon delivery takes place automatically at least twice a week; the additional fee for the service includes the cost of the bank transfer within the given country. The fee for the service is also charged in the event of an unsuccessful attempt to hand over the parcel. In the case of an export consignment, with the exception of Slovakia, the Client must have a HUF account kept in Hungary, a RON account kept in Romania, a EUR account kept in Slovenia and a HRK account in Croatia in order to use the service in these respective countries.

ExchangeService:

Parcel exchange – GLS picks up an exchange parcel upon the delivery of parcels in respect of which the service has been ordered.

FlexDeliveryService:

Flexible delivery – the service offers 6 optional solutions and 3 delivery attempts for flexible delivery and at the same time it ensures continuous information of the Client via an e-mail. The first message contains information that the parcel will be delivered on the following business day, information on the Sender and/or the COD amount to be collected. The second message sent on the day of delivery contains an anticipated interval for delivery, the contact phone number to GLS. The Addressee may decide about the second and third attempt to deliver via an internet application.

AddresseeOnlyService:

For confidential consignments – by ordering this service, the Sender can specify the person who will accept the parcel. Delivery of the parcel takes place upon presentation of the identity card or the passport. The number of the identity card or the passport is indicated on the Rollkarte.

DeclaredValueInsuranceService:

Declared-value insurance, which may be arranged on a one-off basis for individual parcels. The service may be ordered by completing a service request form via Customer Service office, or on-line via the GLS Parcel Dispatch System (on-line only up to CZK 100,000).

AddOnInsuranceService:

In addition to the automatically provided insurance coverage, additional flat-fee insurance can be ordered for any parcel. The fee for the additional insurance is subject to individual agreement.

ThinkGreenService:

This is a service of CO2 neutral transportation. By ordering this service, the Sender contributes to proven projects of greenery planting that compensates CO2 emissions caused by the transportation of the given parcel.

ShopDeliveryService:

Personal collection of the consignment directly at the ParcelShop selected when ordering of the transport.

ShopReturnService:

Possibility of free of charge returning of the goods to the Sender via any GLS ParcelShop based on a pre-printed parcel label.

GuaranteedHomeDeliveryService:

Comfortable delivery exclusively to a chosen address in CZ with guaranteed compensation in case of service failure reluting from GLS fault.

4. Parcels, parcel labels, packaging, addressing, sealing

4.1 The careful and adequate packaging of goods ensures that the dispatched parcel is suitable for mechanical parcel handling, loading, and efficient public-road transportation, enabling the goods to be delivered to the respective address without damage. GLS only assumes responsibility for properly packed consignments equipped with a proper parcel label.

4.2 In the GLS system, parcels are processed by means of industrial technology. Parcels that may not be processed in the usual technology used in the forwarding of parcels may not be accepted for dispatch.

4.3 For packaging, the Client shall be obliged to meet the following requirements:

a) Only fully sealed parcels with a parcel label may be dispatched.

b) Parcels cannot have long, sharp protrusions.

c) Box space must be utilised optimally; assuring the appropriate size and quality of the packaging material, and filling out the entire package to protect the goods from damage. The inner filling of sufficient thickness must protect the goods around the whole circumference. The goods can never be directly in touch with the shipping cardboard box.

d) Breakable goods should be packaged in Styrofoam or another padding material; the “fragile”, “this side up”, or similar inscription only serves as information and does not guarantee protection of the goods.

e) Electronic devices sent for repair should be dispatched in their original, complete packaging, with appropriate padding.

f) Bottles and glasses placed in parcels should be packed in the package certified for the parcel transport. Irregular-shaped goods that are difficult to package must be protected with shrink-wrapping, under which another layer of packaging material shall be used.

g) Cardboard boxes must be sealed on the sides with adhesive tape which should bear the Sender’s company logo, if possible.

h) Boxes strapped together in a bundle are excluded from the transport. Bundles may fall apart and only the parcel unit identified with a label will arrive at the destination point.

i) Parcel label, translucent self-adhesive packaging containing a consignment note, and labels denoting special services must be attached to the largest side of the parcel.

j) If several parcels are dispatched to the same address, stickers indicating the use of special services must be affixed to each of the parcels.

k) If the CashService is ordered, the full amount to be collected must be sent electronically before the commencement of dispatch (no later than by 8:00 p.m. on the day of accepting the parcel) in a manner determined by GLS. If CashService is not ordered by the Client in the above specified way, or if it is not ordered in compliance with the concluded Forwarding Contract, these General Business Conditions or other GLS instructions, particularly if contrary to the GLS Offer it is ordered to a country where GLS Czech Republic does not provide this service, it will not be considered. The standard GLS label must always indicate the amount to be collected which must correspond to the value of each part of the parcel. In the case of incorrect or unclear order, GLS will try to contact the Client to clarify the data.

l) Hazardous goods may not be dispatched, even if marked as such.

4.4 GLS considers it important to prevent damage and therefore it offers free advice to its clients through its web page or Customer Service on how to proceed in packaging. A “Fragile” label or other similar warnings in no way exempts the Sender from the obligation to package the goods appropriately according to their nature. Such label does not protect the goods!

5. Collection of parcels

5.1 The parcels are collected from the Client’s premises. The Clients may – based on a separate agreement – also dispatch their parcels provided with parcel labels at the parcel sorting plant or regional depot, at pre-arranged times, with deliveries scheduled for the next working day. In this case the parcels are placed on the conveyor line by the Client’s driver.

5.2 When picking up the parcels, the GLS driver does not check the adequacy of parcels, but he may refuse to accept parcels that are clearly inadequate. The pickup of the consignment does not mean approval of any exception from the valid provisions of these General Business Conditions.

5.3 Parcels for dispatch are accepted either by the respective driver or the parcel depot employee against an Acknowledgement of Receipt which serves only to confirm the quantity of parcels accepted for transport. The itemised registration and weighing of parcels takes place, in accordance with the provisions of the contract, at the GLS Depot or at the central GLS parcel sorting plant.

5.4 The Client may use the following possibilities for the documentation of dispatched parcels:

a) Electronically generated list of the consignments from the GLS Parcel Dispatch System,

b) Copy of the shipment label,

c) Parcel number mini sticker (self-adhesive, 2 copies detachable from the shipment ticket),

5.5 GLS undertakes to settle accounts with the Client based on the number of dispatched parcels. In case of doubt, occasionally item-by-item reconciliations can be carried out based on the Client's parcel-number records.

If so agreed between the parties, GLS may also provide parcel data via the computer system.

5.6. If the Client, without a prior consent of GLS, significantly exceeds the agreed or usually dispatched quantity, weight or volume of dispatched parcels, GLS has the right to accept the above-limit parcels only after concluding amendment to the Forwarding Contract.

6. Delivery

6.1 Upon delivery, the carefully packaged and legibly addressed parcel is handed over to the address by the delivery driver. When the driver arrives at the destination to deliver the parcel, he may not be kept waiting; if he is kept waiting, the delivery process may be broken off.

6.2 Parcels are handed over upon signing of the receipt by the Addressee, or by other persons who, under the given circumstances, can be assumed to be entitled to receive the parcels. These include, primarily, the persons present in the premises of the Addressee and, for parcels sent to a private address, the persons present at the address. For registered parcels, the Addressee must provide a letter of authorisation. By giving his/her signature the Addressee confirms that the parcel has been delivered properly and it meets all prescribed requirements.

6.3 In the case of delivery of a registered parcel, i.e. “AddresseeOnlyService”, the Addressee is the person designated by the Sender. This person must provide documents to prove his/her identity. In this case, besides the recipient's signature, the number and type of the document presented by the recipient to prove their identity must also be indicated.

6.4 In the case of the CashService (if such has been ordered), delivery shall only take place after the cash amount due has been paid and the Addressee shall confirm receipt of the consignment by their signature. The recipient may not open the parcel before performing these actions. The recipient can pay the COD value by payment card or in cash. In case of the COD payment by a payment card, the Client will be charged extra surcharge in accordance with the currently valid price list unless the Client forbade paying the COD value by payment card in the Forwarding contract explicitly.

6.5 If required by the Client, a standard consignment can be delivered via the dispensing place. The permission for the taking it over is proved by the identity card or by the unique password, that GLS sends to the Addressee via e-mail or SMS. In such a case the provision in 7.3 is not followed and there will be no other delivery attempt to the original address.

6.6 In the process of sending consignments, GLS will consider as valid only such instructions it receives from the Client.

7. Weight and size restrictions

7.1 Parcels may be dispatched in a weight of up to 40 kg per. The girth of the parcel (i.e. 2x height + 2x width + 1x length) may not exceed 3 m, and the maximum permitted parcel sizes are: length 2 m, height 0.6 m, width 0.8 m. For BusinessSmallParcels the maximum weight of a parcel is 3 kg and the dimensions: length 2 m, height 0.6 m, width 0.4 m.

7.2 Each parcel is weighed by GLS automatically, in accordance with the provisions of the contract, when the parcel arrives at the regional collection depot or the central sorting centre, using electronic calibrated scales and the measured weight is allocated to the parcel number and automatically registered. The measured weight data serves as the basic data for the automatic invoicing process.

7.3 Within the GLS system, parcels exceeding the weight of 40 kg or the specified size limits will not be forwarded. GLS shall be entitled to send any consignments that cannot be forwarded due to the above reasons by means of another carrier that undertakes the shipment of such consignments, and to charge any related costs to the Client. With respect to these consignments, the General Business Conditions shall not apply and the declared delivery time shall not be valid in these cases.

7.4 Consignments delivered via a Dispensing Place can have the weight 15 kg max and dimensions length 1 m, height 0.6 m, width 0.8 m.

8. Objects excluded from the scope of GLS services

8.1 The following parcels or items will not be transported by GLS (consignments or goods excluded from providing carriage):

a) goods packed inadequately and/or not in the standard forms of packaging customary in this industry, i.e. goods which are not packed and protected in a manner corresponding namely to their weight, shape, character, material they are made of and to their nature,

b) consignments which are clearly overweight or oversized; If GLS accepts such a consignment for the provision of the carriage, it stipulates the right to charge a surcharge for an oversized consignment,

c) bundled parcels, parcels dispatched in wooden crates, parcels obviously damaged,

d) perishable goods, infectious or malodorous goods,

e) human or animal remains,

f) living animals and plants,

g) consignments in sacks, bags, or loose-packaged consignments,

h) cash, precious metals, genuine pearls, precious stones, jewellery, works of art, antiques, stamps and other valuables

i) objects and documents convertible for cash, services or goods, e.g. payment cards, token money, tickets, lots, lottery tickets, securities, including shares, cheques, bills of exchange etc.

j) consignments containing personal identity documents and other IDs or documents, e.g. business documents, documents containing sensitive data etc. objects with sentimental value, unreplaceable objects as well as objects with low value whose loss or damage would however recall high harm,

k) temperature-controlled goods,

l) munitions, fi rearms, explosives and similar items, with the exception of consignments containing mechanical weapons for which the tightening force is less than 150 N, and therefore they do not fall under “category D“ weapon under Act No. 119/2002 Coll., on fi rearms and ammunition, as amended),

m) parcels addressed to the Addressee’s post-office box,

n) in the case of international consignments of goods subjected to consumption tax, for example alcoholic drinks and tobacco products,

o) movables listed in the ADR Convention (international transport of hazardous goods on public roads) or IATA Convention (air transport of hazardous goods) as hazardous goods. In case of any questions or concerns, please contact customer service to obtain the current text of these conventions,

p) vehicle tires with exception of motorbikes,

q) unpackaged rims and those with tires,

r) car batteries,

s) pressure vessels,

t) liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.,

u) goods the value of which exceeds CZK 125,000 or equivalent of EUR 5,000 for export parcels,

v) goods or parcels the shipment of which is prohibited under any applicable law (e.g. due to their content, intended recipient, or the country to or from which they are to be sent). Applicable laws include all laws, sub-statutory legal norms (such as ordinances, regulations or measures) which can be used to impose a sanction, any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoes) including measures established by the United Nations, the European Union and the Member States of the European Union

8.2 If the Client, or a person authorized by it, passes to GLS for transport a parcel containing the goods excluded from providing carriage without the expressed written consent by GLS, the Forwarding Contract is not entered into and GLS bears no liability for any damage caused in relation to the handing over and delivery of the parcel that is excluded from providing carriage. In such a case, the Client is obliged to pay to GLS all costs connected to this and all damage caused to GLS.

8.3. GLS is not obliged to accept parcels which are excluded from providing carriage and has the right (not obligation) to refuse these parcels. By accepting a parcel to carriage, GLS does not waive the right to refuse providing carriage if it later obtains reasonable suspicion that the parcel contains objects excluded from providing carriage under these General Terms and Conditions, or under legal regulations or terms and conditions of GLS contractual partners. In such a case, GLS shall be entitled, at the Client´s costs if there are any, either to deliver the Parcel to the Addressee, or return it to the Client, or handle the Parcel in a diff erent manner, including its disposal in the last resort case, based on concrete circumstances and suitability so that the occurrence of potential damage or risk is prevented, if possible. The Client will be informed about handling the parcel.

8.4 In the case of parcels with foreign destination, personal belongings, goods subject to excise and consumption duty, as well as goods accompanied by ATA Carnets, are also refused for shipment.

9. The service

9.1 GLS performs the service as a carrier agent and for fulfilling freight-forwarding tasks it uses the services of individual carriers, whose activity it monitors throughout the entire process and the quality of which activity it guarantees. The activities performed by the above-mentioned carriers appear in the invoice as mediated services, which, due to the nature of such services, are not stated separately.

9.2 GLS accepts parcels for transportation that are sealed and intact, without checking their contents, and has them forwarded to the Addressees sealed and without checking their contents.

9.3 In the event of any visible damage to the parcel or the packaging, GLS allows the recipient to check the content of the parcel upon delivery, and the result of such checking is recorded by the delivering driver in a report prepared together with the recipient. A record on damage is not a claim for damages.

9.4 Scope, characteristics and conditions of the service:

9.4.1. Content of the service: acceptance of parcels handed over at the GLS Depot, in the central parcel sorting plant or at the site designated by the Client, collection and transportation of parcels to the Addressee, postage paid. GLS primarily executes the instructions of the Client, and undertakes parcel forwarding, the costs of which are borne by the Client.

9.4.2. The release of the parcels takes place against signature of the Addressee or of another person who, depending on the circumstances, could be considered or assumed to be entitled to receive the parcels. These include, primarily, the persons present in the premises of the Addressee and, in the case of registered parcels, the Addressee or those in possession of the appropriate letter of authorisation. In the case of delivery via a Dispensing Place, delivery is based on the presentation of the identity card or by entering the specified password.

9.4.3. Parcels dispatched to GLS at the place of pick-up by 5 p.m. will be delivered within the Czech Republic on the next working day (“24-hour” does not refer to the precise transit time, but only means the next working day).

The Client may also dispatch ExpressParcels (morning deliveries) to the locations specified in the list provided by GLS (deliveries performed by 12 noon on the next working day), subject to the terms of the contract.

In the case of export consignments, the transit time is between 1 and 5 working days (indicative data only), which may be extended by the time required for customs clearance.

9.4.4. If the first delivery attempt is unsuccessful, the second delivery attempt is included in the service. If the first delivery attempt fails due to an incorrect address or some other circumstances that can be corrected by the Client, GLS will call upon the Client to make the correction. If the second (third with the FlexDeliveryService) attempt is also unsuccessful, the parcel will be returned to the Client. Any undeliverable parcels are stored by GLS for up to 5 working days (or for up to 10 working days if the Addressee has indicated that he is on holiday), after which the parcels will be returned to the Client, without any separate indication. If the Address refuses to accept the parcel, or if the Client requires transport to be cancelled, a second attempt at delivery is not made and the parcel is automatically returned to the Sender.

9.4.5. Unlimited information on delivery (IOD) will be provided by GLS to the Client regarding the parcels dispatched by it, from the morning of the second working day following pick-up, either by phone or through the web-based Track&Trace system. The Client may request a written proof of delivery (POD) free of charge for up to 5 % of the average daily number of parcels consigned by the Client. GLS is entitled to charge a reasonable document-completion fee, if this is justified by the excessive demands for delivery-related certificates. The countersigned consignment note (“Rollkarte POD”) or the acknowledged and signed electronic or scanned receipt replacing it shall qualify as appropriate proof of delivery.

9.4.6. CashService, that is the collection of cash on delivery, is provided in the event of the Client’s timely completed order sent via an electronic channel and confirmed by GLS, or based on an order recorded in accordance with the provisions and sent by the specified deadline in the GLS Consignment Dispatch System, and only to the countries in which GLS Czech Republic offers this service. Then GLS is fully responsible for the collection of cash on delivery (based on the proof of delivery or cash receipt). Subsequently, CashService cannot be added, be cancelled or the COD amount cannot be changed.

Any failure to collect the COD amount, however, does not result in the creation of a debt on the part of GLS towards the Client, and the Addressee shall continue to be liable for payment of this amount within the framework of the original legal relationship, and the usual insurance conditions shall not cover any uncollected COD amounts.

In the case of any uncollected COD amounts, the liability of GLS shall extend to the limit of the collection service fee. In addition to this, GLS shall be obliged to cooperate in the subsequent collection.

If collection of the COD amount fails due to reasons demonstrably attributable to the wilful misconduct or negligent business conduct of GLS, a damage claim in this respect may be raised in accordance with the Civil Code. The collection amount per one parcel may not exceed CZK 60,000 (sixty thousand CZK).

9.4.7. When ordering the CashService, the Client acknowledges that GLS is an entity responsible only for collecting the amount and that GLS is not authorised to act on behalf of the Client or to conclude any contract with the registered consignment Addressee on behalf of the Client. In addition, GLS points out that it is not the liable entity under Section 2 of Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism; which does not mean that the Client is not this liable entity. The Client is obliged to observe all the obligations stipulated by Act No. 253/2008 Coll.

10. Parcel forwarding fee, reimbursement of costs

10.1 GLS and the Client shall, under the parcel Forwarding Contract and any amendments thereto, agree with regard to the prices. (The contract is also to be deemed accepted if the Offer has been accepted either verbally or in writing, or if use of the service has commenced.) The prices are based on a volume weight of 1m3 = min. 300 kg.

10.2 Regarding returned goods and goods of unusual size, the settlement of accounts with the Client takes place in accordance with the currently valid price list.

10.3 With respect to parcels forwarded to non-EU countries, GLS only undertakes export parcel forwarding with DDU or DDP rules.

10.4 Special customs clearance orders are performed by GLS exclusively on the basis of a prior agreement!

10.5 With respect to export parcels, the Client is obliged to carefully conclude an agreement related to the bearing of costs with the Addressee, and the Client is obliged to submit the related order to GLS in compliance with such agreement.

10.6 For shipment of export parcels, the Client undertakes to become acquainted with applicable legislation of the destination country and bears responsibility for the accuracy of the specified delivery rule. If, based on the delivery rule, the foreign Addressee is obliged to pay customs fees, taxes, costs and expenses, and the Addressee fails to meet these requirements, the GLS’s obligation to deliver the parcel directly to the Addressee ceases and the shipment is considered to be performed upon its delivery to the customs warehouse or a similar place according to the target destination. If GLS incurred any costs due to reasons caused by the Addressee or due to breach of the Client’s obligations specified in this paragraph, the Client is obliged to pay GLS all such costs incurred, even if the parcel has not been delivered directly to the Addressee.

10.7 The Client acknowledges that, even if a parcel is exempted from taxes and customs duty, this does not mean that there may not arise customs clearance fees or other costs and expenses in relation to the customs proceedings or other similar proceedings. The Client shall be obliged to pay to GLS all expenses which GLS as a forwarder had to pay for the foreign Addressee or the Client.

10.8 In case that COD value is paid via credit card, the Client undertakes to pay the fees for the executed cashless payment in the value of the current price Offer and this value will be invoiced to the Client together with the other services.

10.9 GLS reserves the right to react to the current price development of fuels and charge a fuel surcharge. The price shall also include so-called toll surcharge the amount of which is set based on the current rates of the toll in the given calendar year. The amount of surcharges and the method of their calculation are part of the current Offer as of the day of processing and they are available at www.gls-czech.com . However, the fuel surcharge and toll surcharge amounts are updated every month according to the price trend. In the event of any discrepancy between the data provided in the Offer and on website www.gls-czech.com , the information provided on the website shall prevail, unless the parties agree otherwise.

10.10 GLS reserves the right to unilaterally modify the Offer in the case of Client’s long-term deviation from the parcel parameters, based on which the Offer was calculated, or if it is justified by significant changes in the operating, overhead and other costs on the side of GLS. If the Offer is modified, GLS shall notify the Client of such modification at least ten calendar days prior to the entry of such modification into force. If the Client fails to notify GLS in writing or via e-mail of their disagreement no later than one working day before the effective date of the proposed changes, or if the Client orders a shipment of parcels after the effective date of the proposed changes, it is considered as the Client’s agreement with the proposed modifications or amendments.

10.11 If the Client expresses their disagreement with the modification of the Offer, they are entitled to withdraw from the Forwarding Contract. If the Client fails to do so, it is bound by the new Offer beginning on the first day of its effect.

11. Obligations of the Parties

11.1 The Client is obliged to package each parcel in compliance with the industrial standards pertaining to parcel handling, providing the parcels with the adequately completed standard GLS parcel labels and documents. The addressing of the parcel – especially the Addressee’s details – must be complete.

11.2 The Client is obliged to pass all the shipping data to GLS before the commencement of dispatch in an electronic way and in the approved format. In case of any missing data GLS has the right to suspend dispatch even without the prior notice and to return the consignment to the Client or the Sender.

11.3 GLS is not liable for any errors in filling-in labels or errors in the transmitted data.

11.4 GLS is not obliged to warn about any incompleteness or incorrectness of documents or data.

11.5 The Client is not entitled to conclude on its own behalf the Parcel Forwarding Contract with GLS to the account or in favour of third parties without a written consent by GLS. Such a written consent shall contain especially the Client’s duty to inform third persons duly on the carriage terms and conditions and to adjust the related Client’s responsibility. In case this obligation is broken by the Client, GLS is entitled to suspend the process of parcel delivery and to withdraw from all contracts concluded with the Client eff ective immediately

11.6 The Client is further liable to GLS and to every carrier authorised by GLS and their customers for all damage and injuries caused by the Client failing to meet some of its obligations hereunder, in particular for damage caused by the consignment or its content.

11.7 The Client is obliged to pay the service charge by the defi ned deadline, by bank transfer to the bank account of GLS

11.8 If the Client consigns goods excluded in section 9, or fails to meet its obligations set out above, GLS may temporarily refuse to perform the service.

11.9 The Client is liable for the misuse of the parcel label in the full scope. The Client is obliged to:

a) furnish each parcel with one valid parcel label; all old labels should be removed;

b) use solely the allocated numerical series of the parcel labels and once these are used

up to apply for allocation of a new numerical series;

c) refrain from using numerical series other than the allocated one. It may not use the

same numerical series repeatedly.

d) make sure that two different parcels are not equipped with an identical parcel number;

11.10 The Client may not pass the parcel label to other persons. In case this happens, it shall be liable for the parcel label as if it has used it for the transportation of its own parcels.

11.11 If the Client breaches the above stipulated obligations, GLS is entitled to block the numerical series allocated to the Client for printing of the parcel labels and to charge a fee (contractual fine) for each individual breach amounting to CZK 500.

11.12 GLS reserves the right to refuse, suspense, cancel, postpone or return any parcel at any time if such a parcel could damage or delay other parcels in the opinion of GLS. The same holds also in the case parcel carriage is not in compliance with legal regulations or any other provision of these General Terms and Conditions, or in case the Client has a receivable overdue towards GLS. The fact that GLS takes over a parcel does not mean that such a parcel complies with valid legal regulations or with these General Terms and Conditions.

12. Right of disposal

12.1 The Client may, in the absence of the Addressee, authorise GLS to deliver the parcel to a neighbour or another appropriate person, or to the mailbox or to the dispensing place. In the case of such – written or verbal – authorisations, the certificate of receipt (IOD, POD) will be prepared in a modified format.

13. Invoicing, payment

13.1 GLS performs the service exclusively subject to the payment of the price for forwarding services by the Client; it does not forward parcels where the price for transport is to be paid by the Addressee. GLS acquires the right to be paid the price at the moment of handing over the parcel so that the carriage is provided.

13.2 The invoice for the service is always prepared in arrears, in one or two invoicing cycles per month.

13.3 GLS invoices the performance by service type, in a single amount, with a credit period of 7 calendar days from the date of the invoice. Invoices are always settled by bank transfer.

13.4 The invoice payment is due within 7 calendar days from the date of the invoice issue. Invoices are always settled by bank transfer. The Client is obliged to settle the invoice by bank transfer by the specifi ed deadline. In the event of delay with the payment of an invoice, the Client is obliged to pay interest on late payment 0.05 % daily of the owed amount and expenses incurred in relation to the collection of the overdue receivables to GLS.

13.5 The Client acknowledges that GLS has the right of lien with respect to the parcel within the meaning of Section 2481, Civil Code, and in case of failure to pay the price for forwarding services, GLS is entitled to satisfaction of its receivable from the proceeds of the lien converted into cash pursuant to the provision of Section1359 et. seq. of the Civil Code. GLS is further entitled to charge to the Client a difference between any discounted price and the price according to the basic price list of GLS also retrospectively for the issued and due invoices. In the event of delay the Client is obliged to hand over to GLS all the allocated parcel labels and GLS is entitled to block up the numerical series allocated to the Client for printing of the parcel labels and it is also entitled at any time without previous notice to suspend the providing of forwarding services. GLS is further entitled unilaterally to offset its due receivables owed by the Client the payment of which is delayed by the Client, all CashService amounts collected upon delivering of parcels from the Addressees, which it is normally obliged to pay to the Client. GLS is obliged to notify the Client on the performance of the offset.

13.6 All invoicing of the forwarder shall be carried out electronically. In the event the Client requires invoices in paper format, the forwarder may charge a fee for creation and delivery of the invoice in paper format.

13.7 If GLS incorrectly (to the detriment of the Client) invoiced its requirement for paying the price for service fee, the Client is entitled to notify GLS of this fact in writing, specifying the incorrectness, within 30 days of receipt of the invoice (complaint against the invoice). If the Client fails to do so, it is assumed that the invoice is error-free and GLS is entitled to the payment for the service charged in the invoice. If the invoice is incorrect, GLS shall invoice correctly the price for shipment service within thirty days of delivery of the incorrect invoice notification to the Client.

14. Parcel dispatch system

14.1 The data transmission between the Client and GLS, services ordering and printing of particular parcel labels are performed solely by applications provided by GLS if there is not any exception in compliance with Article 14.5 of these Conditions. The applications are: GLS Connect, GLS Connect Online, GLS Online API and MyGLS.

14.2 The flawless operation of applications requires a reliable connection to the Internet on the side of the Client.

14.3 Information on applications is available on the GLS website and in the documentation of the given application. The support is provided by the GLS customer service.

14.4 GLS is not reliable for any damage from misuse or incorrect setup of an application, incorrect printer setup, or damages caused by unprofessional intervention into configuration and source files of an application.

14.5 If the Client or the Sender is not able to use standard GLS systems for parcel dispatch, an exception may be awarded and usage of an Own software solution may be allowed based on signing the amendment to the Forwarding Contract in the form of the Agreement on using own system for printing labels.

14.6 In case the Client does not draw the Agreement on using own software, they do not have the right to exercise complaints about any disaccord which emerged by incorrect data transmission or the wrong format of the parcel label.

15. Warranty

15.1 Guarantee of the transport time for national and international parcels shall not apply. These are usual transport times. Within the territory of application of the CMR the warranty regulated in the CMR shall be applied.

16. Damage incidents

16.1 GLS provides compensation coverage (in line with the arranged parcel insurance) for the Client, with respect to each parcel, in the event of provable damages attributable to GLS, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the parcel. Damage is only limited to damage of parcel, i.e. costs of its repair or repeated purchase of the damaged item, that is only to real direct damage (direct damage is the value by which the value of the item is reduced) and it shall not relate to any subsequent damage (inter alia to lost earning, income, profit, future business, sanction for delay, contractual penalties, fines, etc. i.e. indirect damage and lost profit are not compensated. Liability for damage caused by Force Majeure is excluded.

16.2 Apparent breaking or damage of the packaging may be contested no later than upon the parcel delivery. A record on damage on a GLS form shall be made immediately regarding the scope of damage or partial loss of the contents of the parcel.

16.3 In case of damage that is not apparent upon delivery, justified grounds for legitimate claims for compensation are established in the event that the written claim for compensation is submitted by Client to GLS within 3 days from delivery, or returned delivery, and if the damage is demonstrably due to reasons attributable to the service provider. In case of intact packaging of the parcel GLS shall not be liable for mechanic, electric or electronic damage of the contents even if the internal packaging of the parcel was sufficient. The Addressee, or the Client, is obliged to provide to GLS a sufficient opportunity to check the damaged parcel either personally or through an authorized person. The Addressee, or the Client, may not handle this parcel until this time and it is also obliged to keep a packaging of the parcel. Provided the Client fails to submit its claim within the above stipulated time period, if it does not provide the parcel to GLS for inspection, or if it handles the parcel without authorisation, its claim to damages becomes invalid.

16.4 In other cases not listed in 16.2 and 16.3, grounds for compensation claim are established only in the event such a claim is submitted by the Client to GLS in writing within 60 calendar days from the day the parcel was passed over for transport provision.

16.5 The amount for shipping also contains basic insurance. The insurance amount covers the costs of repair or compensation to which also a fee for service may be added, however, not exceeding CZK 6,000 (six thousand CZK). However, if the Client hands over a parcel for shipment in accordance with provision 8.1 (s) of the General Business Conditions, the value of which exceeds CZK 6,000, it is obliged to inform GLS on this fact in writing (via e-mail) and communicate the actual value of the parcel; in addition, it is obliged to obtain additional insurance for the parcel. If the Client fails to do so, the parcel is considered as a parcel containing things (goods) excluded from shipment in accordance with the provisions of Article 8 of these General Business Conditions.

16.6 The extent of GLS liability for damage is limited, in the case of loss, destruction or damage to the parcel within providing of carriage or to a parcel taken over by the Forwarder for transportation or to acts related to transportation or in any other case with the amount corresponding to the direct damage up to maximum CZK 6,000 per one loss or more cases of loss, however showing the same cause of damage. In the case of additional insurance of the consignment, the maximum value of damage increases according to the amount of the additional insurance.

16.7 The Client may take out insurance of the parcel for a higher value; the insurance can, however, be taken only after paying an extra charge. Such insurance is only concluded after payment of a surcharge and after GLS approval confi rming the extension of coverage. Mere stating the data of the parcel value (price) is not considered as an order to take out insurance policy.

16.8 In the event GLS delivers a parcel with a delay, fails to collect money for CashService, fails to send back a confirmed consignment note, but it may prove in a credible manner the delivery of the parcel in its own system (IOD, POD), this shall not be considered a damage incident. In such a case the claim of the Client can only be enforced against the Addressee, and GLS shall only bear liability up to the limit of the service fee.

16.9 If there was a damage due to recapture or suspension of the parcel or other measures taken abroad under or based on a provision valid abroad, the damage compensation shall not belong to the Client.

16.10 Without the consent of GLS, the Client has no right to assign its insurance claims to any third party.

16.11 GLS shall not provide any insurance coverage for valuables which are already covered by other insurance policies. The Client is entitled to take out a supplementary insurance policy.

16.12 If GLS acknowledges any claim for the payment of damage compensation, it ensures that damages are paid within ten working days from the end of the claim procedure.

16.13 The procedures to be followed to handle insurance events are regulated by GLS in the Complaints Regulations, which are published on GLS website.

17. Limitation clause

17.1 Any legal claims against GLS are subject to statute of limitation after the passing of one year. The statute of limitation starts running on the day the entitled party learned or could have learned of its claim, however, no later than on the day of delivery.

18. Written form

18.1 In some cases, GLS General Logistics Systems reserves the right, in respect of certain issues, to conclude an agreement with terms different from these General Business Condition. Auxiliary and supplementary agreements, as well as any other agreements, shall only be valid if in writing.

19. Severability / Jurisdiction

19.1 If any of the provisions of these General Business Conditions is or becomes invalid, this shall not affect the validity of the other provisions thereof. Such invalid provision shall be replaced with a provision that fulfils as closely as possible the business purposes of the original provision.

19.2 Any controversies, disputes, or claims arising from the contractual relation of GLS to the Client shall be first settled amicably. Provided it is not possible to settle these disputes amicably, the contracting parties have agreed that in accordance with Section 89a of Act No. 99/1963 Sb. (Coll.), Code of Civil Procedure, as amended, the court of local jurisdiction in case of disputes arising under concluded contracts or the present General Business Conditions shall be the court competent according to the registered office of GLS.

19.3 In case of doubts, the issue of the General Business Conditions in the Czech language shall prevail.

19.4 GLS reserves the right to amend the present General Terms and Conditions, or Off ers, at any time, also without giving the Client previous notice. If GLS makes such a change of the General Terms and Conditions, it releases the new version of the General Terms and Conditions on GLS websites. The change of the General Terms and Conditions will, then, be announced also via an information text in the invoice, or any via e-mail by GLS. The Client has the right to reject and is entitled to withdraw from the Forwarding Contract. If they fail to do so, they are bound by the new General Terms and Conditions.

19.5 In case there is an interpretative discrepancy between the General Business Condition and other applicable documents amending the contractual relationship between GLS and the Client, the interpretation is ordered as follows: the Forwarding Contract including amendments, the General Business Conditions, other applicable documents.

19.6 GLS may limit or suspend the parcel forwarding service and not meet the conditions under the terms of these General Terms and Conditions if this is required due to an event of force majeure or a regulatory measure. GLS may, due to traffi c limitations or bad meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules. In such a case, GLS shall inform the Client about all these service limitations or suspensions. In these cases, the Client shall not be entitled to raise any claims for damages under paragraph 16.

20. Data protection, obligation of confidentiality

20.1 The Client understands that under the terms of Act No. 101/2000 Coll. on the personal data protection and on the amendment to some acts, as amended (hereinafter referred to as “Act on Protection of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) GLS processes, collects and maintains the personal data of the Client stated in contractual documents, or obtained from other relations related to the mutual collaboration of the Client and GLS, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by GLS in the customer database of GLS for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of GLS. When providing forwarding services, GLS is the Controller of personal data.

20.2 GLS processes personal data exclusively for the purpose of providing forwarding and shipping or additional services (services with value added) based on the agreed forwarding contracts in the scope in which they were provided to GLS based on the forwarding contracts, in particular within the following scope.

20.2.1 the name, surname, address for the purpose of parcel delivery or returning,

20.2.2 the telephone number for the purpose of notification and providing information on the delivery status,

20.2.3 the e-mail address for the purpose of notification and providing information on the order status, confirmation of contract conclusion and business negotiation when direct marketing with goods and services offers of the Forwarder or newsletter may be sent to the provided e-mail, while the Client has an option to reject this service in every business message sent,

20.2.4 the account number for the purpose of choosing and sending COD,

20.2.5 the IP address solely for the purpose of claims proceedings when a client rejects a service order or for checking of unauthorized accesses,

20.2.6 Cookies for the purpose of website transparency improvement, for signing in/out to a web service, website attendance assessment,

20.2.7 the identification number of the Client for the purpose of invoicing for the performed services and unambiguous identification of the company of the Client.

20.3 Personal data processing is lawful when a contract is concluded between GLS and a person providing the personal data, and thus personal data processing is necessary to fulfil the contract, or the necessity is given for the purposes of legitimate interests pursued by GLS or a third party (the Client, the Recipient), e.g. for the purposes of litigations, complaints handling and marketing, and the necessity is further given for the compliance with legal obligations (e.g. tax and customs laws).

20.4 The Client is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Client is voluntary; nevertheless, if the personal data is not provided, GLS is not able to provide forwarding and shipping services.

20.5 The Client undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Protection Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between GLS and the Client, esp. in the Recipient, so that GLS could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and of international penalty clauses (embargo), and further undertakes that if GLS transfers personal data of Recipients or any other participants, it will only be the data which is acquired and processed in compliance with GDPR; it is accurate, is in accordance with the given purpose and limited to what is necessary in relation to the purposes for which it is processed so that GLS could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Client is liable for any damage caused to GLS and commits themselves to compensate all the damage caused to GLS.

20.6 GLS and the Client undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by GLS as related to their provided services, or by the Client as related to their provided services. GLS as well as the Client are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.

20.7 GLS has the right to maintain the personal data for the time which GLS may need for exercising any rights against third parties, or for the time which a third party, esp. the Client or the Recipient, may need to exercise their rights against GLS, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations).

20.8 The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com .

20.9 Client is responsible for the consequences and damages resulting from any misuse of access permissions and passwords to GLS systems and interfaces. GLS establishes these approaches for persons authorised under the Contract, or for the Commissioner authorized to do so. The ordering party is obliged to take the necessary measures against their abuse.

20.10 GLS may only familiarise itself with the contents of the forwarded parcels to the extent necessary for performing the service.

20.11 GLS:

a) may not open any sealed parcels – unless provided otherwise by law, the Contract or the present General Business Conditions;

b) may only examine any non-sealed parcels for the purpose of, and to the extent necessary for, ascertaining the data necessary for dispatch, sorting, forwarding and delivery;

c) may not disclose to third parties any data obtained during the performance of the service – except for the Client, the Sender, the Addressee (or other authorized recipients) and the authorised state bodies ;

d) may not hand over the consignment – for the purpose of examining its contents – to persons other than the Client, the Sender, the Addressee (or other authorised recipients) and the authorized state bodies ;

e) may not provide any information about the performance of the service to persons other than the Client, the Sender, the Addressee (or other authorized recipients) and the authorized state bodies.

20.12 GLS may open and close a parcel if

a) the wrapping of the parcel is damaged to such extent that the opening of the parcel is justified by the need to protect its contents, and the contents of the consignment cannot be protected without opening the parcel;

b) this is necessary for the elimination of a hazard caused by the contents of the parcel;

c) parcel cannot be delivered or returned

20.13 The parcel may be sold by GLS in order to recover the unpaid remuneration for procuring of transportations.

20.14 GLS regulates the process of opening of parcels, and records the actions taken in a report. The fact that the parcel has been opened must be indicated on the consignment, and, if possible, the Sender must be notified accordingly, while also giving reasons.

20.15 GLS is entitled after 6 months from its takeover to sell or, if it is not possible, to destroy the consignment that is not possible to deliver or return. If it is necessary for reasons of health, environment or property protection, GLS is entitled to dispose of the parcel even before the expiration of this period.

These General Business Conditions are the amended version of the General Business Conditions issued on 1 April 2005, and are valid with effect from November 1st, 2020.

These General Business Conditions and the standard price list are published by GLS on the www.gls-czech.com website.

Further information regarding the use of the service – i.e. a detailed description of the services, printed materials, forms, guidelines – are provided by GLS to its Clients in printed form in the "User Manual", and are also available via the www.gls-czech.com website.

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General Logistics Systems Czech Republic, s.r.o.
Průmyslová 5619/1
CZ-58601 Jihlava

Hereinafter referred to as: GLS

These General Business Conditions are based on section 1751 et seq. of Act No. 89/2012 Coll., Civil Code, and they complement the legal regulations specified in the provisions of section 2471 et seq. of the above Act and are inseparable part of the Parcel Forwarding Contract, on the basis of which GLS undertakes to ensure the forwarding of parcels and the Client undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Business Conditions regulate in a binding way relations established between GLS and the Client on ensuring the forwarding of parcels.

The Client declares that it familiarized itself with the content of the General Business Conditions prior to the conclusion of the Forwarding Contract and that it agrees with them and accepts them without qualifi cation.

These General Business Conditions shall be adequately applied also to the basic Contracts of Carriage made before the eff ect hereof and

a) such contracts are concluded pursuant to the provision of Section 2471 et seq. of Act. No. 89/2012 Coll., Civil Code;

b) should these General Business Conditions mention a Forwarder this shall be understood as a forwarding agent;

c) should these General Business Conditions mention a Client this shall be understood as a purchaser of transportation;

d) should these General Business Conditions mention a Forwarding Contract this shall be understood as a contract of carriage.

1 INTRODUCTION

1.1 For the purpose of these terms and conditions, (“Business Conditions”), the freight forwarder is General Logistics Systems Czech Republic s.r.o., with the registered office at Průmyslová 5619/1, 586 01 Jihlava, IČO (BRN): 260 87 961, registered in the Commercial Register of the Regional Court in Brno, Section C, File 66184 (hereinafter the “Forwarder”). The Forwarder is a business acting within its business or other business activities and providing forwarding services arranged through the Forwarder‘s application called “e-Balík” available on the website www.e-balik.cz (The „Application“).

1.2 The Client may be either natural or legal person acting as a business or a natural person in the position of a consumer (the “Client” or “Consumer” subject to statutory conditions).

1.3 The Business Conditions may be modified or supplemented by the Forwarder in a reasonable manner, and such changes will be notified to the Client at least ten (10) days prior to the effect of such a change through the Application and by posting it on the website www.gls-group.com/CZ/cs/home/.

2 USER ACCOUNT

2.1 When registering and setting up a User Account in the Application, the Client is obliged to provide all data correctly and truthfully. The Client is required to update the data entered in the User Account upon any change. Access to the User Account is secured by the Client‘s user name and password. The Client is obliged to maintain confidentiality regarding this access information and it acknowledges that the Forwarder is not responsible for the breach of this duty by the Client. The Client is not entitled to allow third parties to use the User Account.

2.2 The Client is entitled to request the Forwarder to cancel the User Account at any time and without giving any reason.

2.3 The Client is obliged to inform the Forwarder without delay in the event of misuse of its User Account. In the event of misuse of the User Account or the use of the Application in contravention of the Contract, the Forwarder has the right to block the User Account for a necessary period of time. The Client is obliged to compensate the Forwarder for any damage caused by the misuse of its User Account.

3 CONTRACT

3.1 The Contract is concluded in the English language.

3.2 The Client makes orders using the form accessible in the Application. The Client can execute multiple orders at a time in the Application.

3.3 In the Order, the Client shall provide correct data, at least in the following range:

3.3.1 client‘s identification and contact details, unless such data is completed according to the Client‘s details from the User Account;

3.3.2 information on the dimensions of the Parcel or its weight, which determine the price;

3.3.3 data needed to identify the Parcel;

3.3.4 details of the recipient of the parcel (“Recipient”), at least name, surname, address and telephone number in the case of a natural person, and name, address, contact person and phone number in the case of a legal person;

3.3.5 information about the time and method of handing the Parcel over for shipment and about the kind of transport and delivery of the Parcel;

3.3.6 instruction on whether the Forwarder upon delivery of the Parcel is to collect cash or perform any other money collection action before it hands over the Parcel or a document permitting the Recipient to dispose of the Parcel, including the specified amount (“COD”);

3.3.7 confirmation that it agrees to the Business Conditions and Privacy Policy and that it understands their content including confirmation of the possibility of withdrawal and of the requirement to start the service before the expiration of the withdrawal period; (“Order”).

4 ORDER

4.1 The Order shall be valid only after completing all required data in the Order Form available in the Application.

4.2 Prior to submitting the Order, the Client can check, correct or modify the data entered in the Order.

4.3 The Forwarder shall promptly acknowledge the Order Receipt by e-mail sent to the address provided by the Client in the Order.

4.4 The Contract is concluded upon receipt of the Order Confirmation by the Client. The Contract includes a postponement condition for full payment of the price under Article 5.

4.5 The Client agrees to use of the distance means of communication when concluding the Contract. The costs incurred by the Client in connection with the use of distance means of communication in connection with the conclusion of the Contract (e.g. the Internet, telephone, etc.) are in the normal amount, depending on the Client‘s tariff of the telecommunication services. These costs are covered by the Client.

5 PRICE OF FORWARDING SERVICES AND METHOD OF PAYMENT

5.1 Current prices for the delivery of Parcels under the Contract (the „Price“) are provided in the price list available in the Application. During the execution of the Order, the Application displays the total final Price, including VAT, all discounts, taxes and fees (in particular the insurance fee, fuel surcharge, and toll).

5.2 The Forwarder reserves the right to change the prices provided in the price list in the Application and make other necessary changes to the Application.

5.3 Costs associated with packaging of the parcel are not included in the Price. These costs are borne in full by the Client.

5.4 The Client shall make payment of the Price via a payment gate before handing the Parcel over for shipment. If the Client has selected to collect the Parcel by a Courier of the Forwarder, the Price may be paid in cash directly to the Forwarder‘s Courier upon handing the Parcel over for shipment.

5.5 GLS enables registered business entities to pay the Price also by using prepaid credit. Details specification of this payment method you can find in point 15 of these Business Conditions.

5.6 The invoice will be issued by the Forwarder and sent in electronic form to the e-mail address given in the Order without undue delay after payment of the price for the service.

5.7 In the event of withdrawal from the Contract or failure to complete the shipment of the parcel for reasons beyond the Forwarder‘s control, the Forwarder shall be entitled to make unilateral off setting of its receivable against the Client incurred as the cost of returning the Parcel and/or a proportion of the Forwarder‘s costs of the already executed fulfilment of the Order. The Forwarder shall inform the Client about the executed off setting without undue delay by e-mail to the address given in the Order.

6 WITHDRAWAL FROM THE CONTRACT

6.1 The Client declares that it requests (agrees) the Forwarder to commence fulfilling its obligations during the withdrawal period. Unless it is the case where the Client cannot withdraw from the Contract, the Client, if at the same time it is a Consumer, has the right to withdraw from the Contract within fourteen (14) days of its conclusion and without giving any reason by notifying the Forwarder in any of the following ways:

6.1.1 by sending a notice of withdrawal to the Forwarder via the postal service provider to the address Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to: +420 567 771 199; or

6.1.2 by completing and submitting the template for Withdrawal from the Contract available in the Application ( www.e-balik.cz); The Forwarder shall acknowledge to the Client, without undue delay, receipt of the form by e-mail to the Consumer‘s address given in the Order.

6.2 In accordance with § 1837 (1) (a) of the Civil Code, a consumer cannot withdraw from the Contract if the shipment of the Parcel has been fully executed with its prior explicit consent under Article 6.1 before expiration of the withdrawal period. In the event that the Sender withdraws its prior explicit consent under Article 6.1, the Forwarder may only start providing the service after expiry of the withdrawal period.

6.3 If a Consumer withdraws from the Contract before the Forwarder commences the service, the Forwarder shall return to the Consumer, without undue delay and no later than fourteen (14) days from the withdrawal of the Contract, the Parcel and the Price. The Consumer bears the direct costs associated with the return of the Parcel by common post and the Price. Therefore, the refunded Price will be reduced by an amount corresponding to the direct costs associated with the Return of the Parcel and the Price to the Consumer. The Parcel will be returned to the Consumer using the address given in the Order if no other return address is agreed upon. Unless otherwise agreed, the Price will be refunded to the Consumer in the same way it was paid.

6.4 If the Consumer withdraws from the Contract after the Forwarder has commenced the service based on the express request of the Consumer under Article 6.1 before expiration of the withdrawal period, it shall reimburse to the Forwarder a proportionate part of the Price for the performance provided up to the moment of withdrawal from the Contract. Provisions of Article 6.3 on return of the Parcel and Price to the Consumer shall apply mutatis mutandis.

6.5 The Forwarder may withdraw from the Contract by notifying the Client by e-mail to the address provided in the Order for the following reasons:

6.5.1 if, for reasons on the Client‘s part, the Parcel is not handed over to the Forwarder‘s Courier at the address given by the Client in the Order within two (2) attempts to collect the Shipment by the Forwarder; or

6.5.2 if the Forwarder discovers, upon receipt of the Parcel or during the shipment of the Parcel, that it is an item that is excluded from shipment pursuant to Article 7.1.

6.6 Provisions of Article 6.5 on return of the Parcel and Price to the Client shall be applied in a similar manner in the event of withdrawal by the Forwarder.

7 ITEMS EXCLUDED FROM TRANSPORT

7.1 GLS does not transport the following items that cannot be covered by a Contract:

7.1.1 items weighing more than 40 kg or exceeding a length of 2 m, height of 60 cm, width of 80 cm and a total perimeter length of 3 m; when sending from a ParcelShop items weighing more than 15 kg and exceeding a length of 1 m;

7.1.2 objects poorly packaged and/or not wrapped in accordance with the packaging customary in the industry, i.e. objects which are not wrapped and protected in a manner corresponding in particular to their weight, shape, nature of the material of which they are made, and their nature, and which do not satisfy the conditions set out in Article 7.6 of these Business Conditions;

7.1.3 bundles, shipments transported in wooden crates; parcels manifestly damaged;

7.1.4 perishable items that can be a source of infection, medical supplies and objects that smell bad;

7.1.5 human and animal remains;

7.1.6 live animals and plants;

7.1.7 parcels in improper packaging, especially wrapped in bags, pouches and loosely packed parcels;

7.1.8 things of high value, particularly cash, precious metals, valuables, securities, credit cards, drawn lottery tickets, genuine pearls, precious stones and jewellery;

7.1.9 artworks and objects with sentimental value;

7.1.10 thermally unstable objects requiring controlled temperature;

7.1.11 munitions, firearms, explosives and similar items, with the exception of consignments containing mechanical weapons for which the tightening force is less than 150 N, and therefore they do not fall under “category D” weapon within the meaning of Act No. 119/2002 Coll., on firearms and ammunition, as amended);

7.1.12 narcotic and psychotropic substances;

7.1.13 tires; rims without tires, rims with tires;

7.1.14 pressure vessels;

7.1.15 liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.;

7.1.16 mail addressed to PO Box of the Recipient;

7.1.17 excise goods in the case of export Parcels (i.e. Parcels destined for transport outside the Czech Republic), e.g. alcoholic drinks and tobacco products. For Parcels delivered abroad, the following are also excluded from transport: personal property, tires and goods accompanied by the ATA Carnet international document;

7.1.18 items listed as hazardous goods on the list according to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR – promulgated under no. 64/1987 Coll.) and the International Air Transport Association (IATA);

7.1.19 items with a value greater than CZK 20.000 and the equivalent of EUR 800 for export Parcels;

7.1.20 items and Parcels whose sending is prohibited by any applicable law or regulation (e.g. due to their content, the intended Recipient or country from/to which they are to be sent). The applicable law includes all laws, subordinate legislation (e.g. decrees, regulations or measures) under which sanctions may be imposed, as well as any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoed), including measures introduced by the United Nations, the European Union and the Member States of the European Union;

7.1.21 shipments to countries outside the European Union, i.e. all destinations subject to customs regime;

7.1.22 parcels within the European Union for the following destinations: Andorra, Ceuta, Gibraltar, Greece, Livigno, Malta, Melilla, San Marino, Cyprus, the city of Büsingen am Hochrhein (postal code D- 78266), overseas territories and all European islands except Great Britain and Ireland and islands belonging to Germany and Croatia;

7.1.23 for parcels delivered abroad, goods accompanied by the ATA Carnet international document;

7.1.24 regarding shipments transported by air, items prohibited by the European Parliament and Council (EC) Regulation no. 300/2008 on common rules in the field of civil aviation security from acts of unlawful interference and on repealing Regulation (EC) no. 2320/2002, as amended, and legal rules adopted for its implementation, i.e. especially weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardizes the security of civil aviation.

7.2 The Client is obliged to respect the above listed exclusions of items from transport and has to carry out appropriate checks of the content and packaging of Parcels before handing them over to the Forwarder. The Forwarder accepts Parcels exclusively in closed packages.

7.3 If the Client submits to the Forwarder for transport a Parcel containing items excluded from transport under Article 7.1 and 7.2 without a prior written consent by the Forwarder, the Client bears in accordance with the law full liability for damages and costs incurred by the Forwarder or third parties, including, but not limited to, the obligation to reimburse costs of the necessary measures taken to prevent any damage or to reduce risk (e.g. provision of an intermediate storage, return transportation, disposal, cleaning, handover to the carrier which is not subject to exclusion of the shipment content etc.).

7.4 GLS accepts parcels for shipment which are sealed and with intact packaging without checking their content. GLS does not check parcels in order to identify whether they violate the aforementioned prohibitions.

7.5 The Parcels excluded from transport provision do not oblige the Forwarder to accept them for transport and the Forwarder has the right (not duty) to reject these Parcels. By accepting the Parcel, the Forwarder does not divest themselves of the right to refuse the transport provision if they later gain a legitimate suspicion that the Parcel contains any goods excluded from transport provision under these Terms and Conditions. In this case, the Forwarder is entitled after letting the Client know at the Client’s own expense according to the particular circumstances and suitability either to deliver the Parcel to the Recipient, or to return it to the Client or to handle the Parcel in any other way, including its disposal as a last resort so that, if possible, any potential damage or risk are prevented.

7.6 When packaging parcels, Senders shall observe the following conditions.

  • You can only send properly closed and sealed parcels with an address label that have no long or sharp protrusions.
  • Space of the box must be filled optimally, it is necessary to ensure that the packaging material is of reasonable size and quality, and that the entire space of the box is filled so that the goods are protected from damage. The goods can never be directly in touch with the shipping card-board box.
  • goods must be packed in styrofoam or other filler material; the word "fragile" or similar warning serves only as information and does not provide protection of the goods.
  • Electronic devices sent for repair should be packed in their original packaging and complete with a suitable filler material.
  • Bottles and jars placed in the parcel should be packed in the package certified for the parcel transport. Moreover all items placed in the parcel must be protected by protective layers placed not only between each other, but also above and below each of them.
  • Goods of irregular shape, the packaging of which is difficult, must be secured against damage – wrapping by the shrink film and using another layer of wrapping material beneath.
  • Sides of cardboard boxes must be sealed with tape.
  • The address label and stickers indicating specific services must be attached to one of the largest sides of the parcel.

8 COLLECTING PARCELS FOR SHIPMENT

8.1 The Client can order handover of the parcel for shipment in the Application as follows:

8.1.1 by collecting the parcel by the Forwarder‘s courier at the place specified by the Client in the Order; or

8.1.2 handover of the Parcel for shipment at the appropriate ParcelShop office of the Forwarder.

8.2 Client must properly pack the Parcel in a suitable container to prevent its damage. The Forwarder is not obliged to examine the appropriateness of the Parcel packaging, or to implement measures to repair or upgrade the packaging. In addition to protecting the Parcel against loss or damage, packaging must also protect people and equipment used to transport shipments. Packaging must also ensure that access to the content of the Parcel is not possible without leaving clear traces on the outer packaging of the Parcel. Parcel packaging recommendations are provided in the Application.

8.3 Parcels must be provided with a shipping label. Other labels, stickers, or instructions placed on the Parcel packaging will not be considered. The shipping label must be affixed to the correct Parcel and must be affixed to one of the largest sides of the Parcel.

8.4 The Client prints the shipping label themselves using their own hardware and is responsible for its legibility, durability and efficint attachment to the Parcel. The Client bears the responsibility that the Parcel data in the Order match the data on the printed shipping label. The client bears the liability for print errors.

8.5 If the Parcel is handed over to the Forwarder‘s courier, the Client may order the Forwarder to print out and deliver the shipping label. The shipping label is printed in accordance with the information given by the Client in the Order and handed over to the Client at the moment of collection of the Parcel for transport. The Client is responsible for the correct placement of the shipping label on the Parcel.

8.6 If the Client fails to meet its obligations regarding proper packing of Parcels and a correct shipping lable placement, the Forwarder is entitled at its discretion not to accept or load the parcel, and store, secure or return it to the Client with no obligation to compensate for the damage to the Client, and the Client is obliged to compensate the Forwarder for all costs associated with these actions.

8.7 In the case of transport of Parcels to other countries of the European Union, the Client has an obligation to provide all the necessary documents for VAT exemption for transport within the European Union.

9 PARCEL DELIVERY

9.1 Shipments delivered to the Forwarder‘s Regional Depot by 17:00 on a working day are delivered as follows: delivery within the Czech Republic – usually the next working day, delivery abroad – at standard delivery times specified in the Application.

9.2 Delivery times are indicative only and are not guaranteed by the Forwarder.

9.3 The Forwarder provides its services using bulk parcel shipment. It achieves efficient and fast transportation of parcels through standardised processes. Parcels are transported as consolidated units and in depots and reloading hubs they undergo a process of industrial sorting using automatic sorting conveyors. Parcels are scanned by the courier, depot and hub in all nodal points of the transportation process, and date and time of such scanning is recorded. No additional documentation of Parcel shipping is performed.

9.4 Unless otherwise specified in the Contract, a maximum of two (2) Parcel delivery attempts will be made. If the Parcel is not delivered, the Forwarder will provide a written notice of intention to deliver the Parcel at the place of delivery. Within five (5) working days from the date of the first attempt to deliver, the Recipient can agree with the Forwarder on the date of delivery of the Parcel. Upon expiration of this period, the Parcel will be returned to the Client.

9.5 Unless agreed otherwise in the Contract, in the case of delivery to the address of a Recipient which is a legal entity, or natural person where shipment is to be delivered to the address of a legal entity, the Parcel will be delivered to the reception point of such a legal person or another point of contact with the public (e.g. receipt of goods).

9.6 Unless agreed otherwise in the Contract, where the recipient is not reached at the first attempt at delivery, the Parcel may be handed over to a person present in the home, office, headquarters or facility of the Recipient if, given the circumstances, it can be assumed that the person is authorised to receive the Parcel, especially if such a person produces authorisation or power of attorney to accept shipments intended for the Recipient, or it can be deposited in the nearest Forwarder‘s ParcelShop to be picked up by the Recipient. The Recipient confirms receipt of the Parcel by their signature on a portable electronic scanning device or a delivery note and the (digitised) signature of the Recipient serves as proof of Parcel delivery. By signing, the Recipient confirms that the Parcel was delivered properly and it meets all necessary requirements.

9.7 Where the Parcel cannot be delivered to the Recipient, or to a third party under Articles 9.4 to 9.6, and the Client refuses to take back the Parcel, even if invited to do so by the Forwarder, then the Forwarder has the right to free disposal of the Parcel in 90 days after the date the parcel was found to be undeliverable. Parcels which cannot be otherwise used can be destroyed.

10 CASH-SERVICE (COD)

10.1 If the Client included in the Order an instruction about Cash-Service (COD) under Article 3.3.6, the Forwarder will hand over the Parcel to the Recipient, or a document permitting to dispose of the Parcel, only after collecting the designated cash amount to the Forwarder.

10.2 The Forwarder will transfer without undue delay, within ten (10) days from delivery, the collected money into the account number specified by the Client in their User Account.

10.3 If the Forwarder for any reason fails to collect appropriate amount upon COD delivery, the Forwarder will inform the Client about this fact without undue delay. The uncollected COD amount does not entitle a claim against the Forwarder or cause debt of the Forwarder to the Client. The Recipient still has an obligation to make payment of this amount (debt) to the Client under the original legal relationship and the general conditions of parcel insurance do not apply to any uncollected amount of the COD amount.

10.4 In the case of uncollected COD amount, the Forwarder‘s obligation to pay compensation extends up to the service charge for collecting the COD amount. The Forwarder undertakes to provide assistance during the subsequent recovery of the COD amount.

10.5 When ordering COD delivery, the Client acknowledges that the Forwarder is a person authorized only to collect the COD amount and that the Forwarder is not entitled to act on behalf of the Client or to draw a contract with the Recipient of the COD Parcel on behalf of the Client. The Forwarder also points out that he/she is not an obliged person pursuant to § 2 Act no. 253/2008 Coll. on selected measures against legitimisation of proceeds of crime and financing of terrorism, which does not itself mean that the obliged person is not the Client. The Client is obliged to respect all duties set by the Act no. 253/2008 Coll.

11 RIGHTS OF DEFECTIVE PERFORMANCE, COMPLAINTS

11.1 Rights and obligations regarding the rights of defective performance are governed by generally binding regulations and, in particular by the provisions of § 1914 to 1925 of the Civil Code. The procedure for exercising and enforcing the consumer rights with regard to faulty performance shall be governed by the relevant generally binding legislation, particularly the provisions of the Civil Code and the Consumer Protection Act.

11.2 The Client makes a complaint about the defect by sending a written notice to the address Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to:+420 567 771 111 without undue delay after the defect could be identified. The defect can be complained about no later than six (6) months from the completion of delivery of the Parcel. First sentence of the notice shall contain identification of the Parcel which is subject to the right of defective performance, decisive facts for exercising the right of defective performance and the exercised right of defective performance.

12 CLAIMS, DAMAGES

12.1 The Forwarder is liable for damage only to the extent provided by law or an international treaty (e.g. the Convention on the Contract for the International Carriage of Goods by Road – CMR), i.e. the Forwarder is not obliged to pay compensation in the form of lost profits or other consequential damages which the Client or third parties may incur with regard to the Contract, in particular contractual penalties and fines. If the Client has not closed a supplementary insurance, the Forwarder will compensate for damages beyond the limit up to:

12.1.1 the purchase price of the item which is the subject of the Shipment;

12.1.2 current value in case of a used item;

12.1.3 auction price of the item for items acquired in an auction;

12.2 Whichever amount is the lowest in the given case, but also up to a maximum amount of CZK 6,000,- for each individual parcel.

12.3 Every single parcel transported by the Forwarder under the Contract is insured against all risks to the value of CZK 6,000,-.

13 DISPUTE SETTLEMENT

13.1 In accordance with the Law on Consumer Protection, the Client has a right to extrajudicial settlement of consumer disputes under the Contract („Consumer Dispute“).

13.2 The entity of extrajudicial settlement of Consumer Disputes in accordance with the Law on Consumer Protection is the Czech Trade Inspection or another entity authorised by the Ministry of Industry and Trade. More information can be found on the Czech Trade Inspectorate website at: www.coi.cz and the Ministry of Industry and Trade website at: www.mpo.cz.

13.3 Information on online dispute resolution. The European Commission has set up an online platform for online dispute resolution („ODR platform“). This platform serves as a point of contact for out-of-court settlement of disputes arising from a sales contract or a contract for the provision of services negotiated online. The ODR platform is available at: http://ec.europa.eu/consumers/odr.

13.4 Any disputes arising from the Contract shall be resolved exclusively by the Czech law and decided by competent courts of the Czech Republic.

14 PRIVACY POLICY

14.1 The Client understands that under the terms of Act No. 101/2000 Coll. on the personal data protection and on the amendment to some acts, as amended (hereinafter referred to as “Act on Protection of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) the Forwarder processes, collects and maintains the personal data of the Client stated in contractual documents, or obtained from other relations related to the mutual collaboration of the Client and the Forwarder, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by the Forwarder in the customer database of the Forwarder for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of the Forwarder. When providing forwarding services, the Forwarder is the Controller of personal data.

14.2 The Forwarder processes personal data exclusively for the purposes of providing forwarding and shipping or additional services (services with value added) based on the agreed forwarding contracts in the scope in which they were provided to the Forwarder based on the forwarding contracts, in particular within the following scope:

14.2.1 the name, surname, address for the purpose of Parcel delivery or returning;

14.2.2 the telephone number for the purpose of notification and providing information on the delivery status;

14.2.3 the e-mail address for the purpose of notification and providing information on the order status, confirmation of contract conclusion and business negotiation when direct marketing with goods and services offers of the Forwarder or newsletter may be sent to the provided e-mail, while the Client has an option to reject this service in every business message sent;

14.2.4 the account number for the purpose of choosing and sending COD;

14.2.5 the payment card number for the purpose of an on-line payment for parcel shipping;

14.2.6 the ID number and VAT registration number for the purpose of identification specification of the Client;

14.2.7 the IP address solely for the purpose of claims proceedings when a client rejects ordering a service or for checking of unauthorized accesses;

14.2.8 Cookies for the purpose of website transparency improvement, for signing in/out to/from a web service, for website attendance assessment.

14.3 Personal data processing is lawful when a contract is concluded between the Forwarder and a person providing the personal data, and thus personal data processing is necessary to fulfil the contract, or the necessity is given for the purposes of legitimate interests pursued by the Forwarder or a third party (the Client, the Recipient), e.g. for the purposes of litigations, complaints handling and marketing, and the necessity is further given for the compliance with legal obligations (e.g. tax and customs laws).

14.4 The Client is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Client is voluntary; nevertheless, if the personal data is not provided, the Forwarder is not able to provide forwarding and shipping services.

14.5 The Client undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Protection Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between the Forwarder and the Client, esp. in the Recipient, so that the Forwarder could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and of international penalty clauses (embargo), and further undertakes that if the Forwarder transfers personal data of Recipients or any other participants, it will only be the data which is acquired and processed in compliance with GDPR; it is accurate, is in accordance with the given purpose and limited to what is necessary in relation to the purposes for which it is processed so that the Forwarder could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Client is liable for any damage caused to the Forwarder and commits themselves to compensate all the damage caused to the Forwarder.

14.6 The Forwarder and the Client undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by the Forwarder as related to their provided services, or by the Client as related to their provided services. The Forwarder as well as the Client are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.

14.7 The Forwarder has the right to maintain the personal data for the time which the Forwarder may need for exercising any rights against third parties, or for the time which a third party, esp. the Client or the Recipient, may need to exercise their rights against the Forwarder, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations).

14.8 The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com.

15 THE CREDIT SYSTEM USAGE CONDITIONS

15.1 The Client who meets the following conditions is called the User for the purposes of the credit system. The User of the credit system is an entity that is registered in the Application and at the same time must be fulfilled the condition of being a business entity with a valid identification number.

15.2 By the credit, it is meant the sum of funds of the User within the Application provided to GLS for the purpose of paying the Price of forwarding services provided in the future.

15.3 The User credit can be topped up in the Czech currency only, by using one of the supported payment methods. The credit can be topped up in an arbitrary amount of money in the range of 500 CZK - 1000 CZK including VAT, even repeatedly. The maximum possible amount of credit balance may not exceed CZK 15,000 including VAT. The User is not entitled to transfer the credit from their account to another User's account.

15.4 GLS will issue to the User's email an electronic confirmation of the payment received and the number of credits credited to his account. GLS is entitled to deduct from the credit the value of the rewards for ordered forwarding services.

15.5 After the end of the month, the User receives a tax document – an invoice for the provided forwarding services, stating the number of shipments, and total prices after applying discounts to their e-mail with the option to download this tax document in the Application.

15.6 If the User's credit balance exceeds the set limit of CZK 15,000 including VAT, GLS reserves the right to prevent further recharging of the credit beyond this set amount, and at the same time, if such an exceeding payment occurs, GLS is entitled to return such payment to the account, from which the User remitted the payment.

15.7 The User has access to the credit balance and the overview of transactions made in their User Account, in the Application. In case of discrepancy, the User is entitled to claim the credit balance or a transaction made with GLS immediately after discovering of the discrepancy, but no later than three months after the claimed transaction was made. Upon expiration of this period, the claim expires. The user is obliged to prove the facts claimed in the complaint.

15.8 The user has the right to request GLS to return the funds provided to the credit system up to the amount of the current balance. Under the request, the User shall state the amount to be returned and the reason for the return. GLS returns the funds to the bank account, from which the credit was paid and if this is not possible to the account specified by the User. In case of any doubts on the part of GLS, GLS has the right to request an application in its determined form (e.g. written form, officially authenticated signature, etc.). GLS is entitled to charge a credit cancellation fee of CZK 500.

15.9 GLS reserves the right to block the charging or drawing of credit on the User's account, if unauthorized or unlawful manipulation of the account, access data or means of payment (e.g. payment with a stolen credit card) is suspected or if the User's obligations are breached.

15.10 User agrees that GLS is not responsible for any temporary malfunction or non-availability of the Application or domain https://e-balik.cz and is not responsible for credit handling due to insufficient security of User access data.

15.11 The User agrees that if the credit has not been exhausted for 2 years after the last change in the credit balance, the unused credit will be forfeited to GLS and the User will no longer be entitled to request a refund.

16 FINAL PROVISIONS

16.1 Contact details of the Seller: The mailing address is Průmyslová 5619/1, 586 01 Jihlava, and e-mail address is ebalik@gls-czech.com.

16.2 Business Conditions and the Contract are governed by the laws of the Czech Republic. The rights and obligations of the Parties which are not covered by these Business Conditions or the Contract are governed by generally binding legal regulations, particularly the Civil Code and the relevant international treaties in the field of transport by which the Czech Republic is bound (Convention on the Contract for the International Carriage of Goods by Road (CMR), as amended (promulgated under no. 11/1975 Coll.), Convention for the Unification of Certain Rules for International Carriage by Air, as amended (i.e. the Montreal Convention, promulgated under no. 123/2003 Coll., international contracts) and the Convention for the Unification of Certain Rules for International Carriage by Air, as amended (i.e. the Warsaw Convention, promulgated under no. 15/1935 Coll.).

16.3 Unless otherwise agreed by the Parties, the Contract is concluded for an indefinite period of time.

16.4 If any provision of the Business Conditions and/or the Contract becomes invalid or unenforceable, it shall be replaced by a provision, the meaning of which is the closest to it. Invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of the Business Conditions and/or the Contract.

16.5 Any changes or additions to the Contract or the Business Conditions require a textual form, the textual form being preserved even with the use of electronic communication means, in particular e-mail.

16.6 These Business Terms and Conditions are an updated version of the Business Terms and Conditions issued on April 5, 2016 and will become effective from January 1, 2020.

General
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General Logistics Systems Czech Republic, s.r.o.
Průmyslová 5619/1
CZ-58601 Jihlava

Hereinafter referred to as: GLS

These General Business Conditions are based on section 1751 et seq. of Act No. 89/2012 Coll., Civil Code, and they complement the legal regulations specified in the provisions of section 2471 et seq. of the above Act and are inseparable part of the Parcel Forwarding Contract, on the basis of which GLS undertakes to ensure the forwarding of parcels and the Client undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Business Conditions regulate in a binding way relations established between GLS and the Client on ensuring the forwarding of parcels.

The Client declares that it familiarized itself with the content of the General Business Conditions prior to the conclusion of the Forwarding Contract and that it agrees with them and accepts them without qualification.

These General Business Conditions shall be adequately applied also to the basic Contracts of Carriage made before the effect hereof and

a) such contracts are concluded pursuant to the provision of Section 2471 et seq. of Act. No. 89/2012 Coll., Civil Code;

b) should these General Business Conditions mention a Forwarder this shall be understood as a forwarding agent;

c) should these General Business Conditions mention a Client this shall be understood as a purchaser of transportation;

d) should these General Business Conditions mention a Forwarding Contract this shall be understood as a contract of carriage.

1. Introduction, concepts definition

1.1 GLS provides integrated domestic and export parcel forwarding and express forwarding services to business, institutional and corporate Clients generally endowed with legal personality, or natural personality undertaking pursuant to the Trades Licensing Act, who enter into basic Parcel Forwarding Contracts with GLS in respect of the use of such services, and make payments for the service periodically, in retrospect, based on the performance.

1.2 GLS shall be entitled to refuse the conclusion of the Parcel Forwarding Contract or to suspend the performance thereto for whatever reason, even without giving any reason.

1.3 GLS only forwards carriage-paid parcels, that is, the Client in all cases makes payment for the provision of forwarding services.

1.4 These General Business Conditions define the rights and duties undertaken by GLS and the Client in order that GLS may perform the forwarding of parcels at the appropriate standard of quality.

1.5 GLS in all cases provides delivery from the Client directly to the Addressee (door-to-door), and operates communication devices and an organizational apparatus that enables Clients to obtain answers to all inquiries they may have in relation to parcel delivery, either over the phone, via the email or via the internet.

1.6 Although the GLS product partly comprises an intermediated service (based on subcontractor performance), the GLS technology ensures that parcels can be tracked and traced throughout the entire process.

1.7 Definition of terms used in the General Business Conditions:

Forwarder – trading company General Logistics Systems Czech Republic, s.r.o. Company registration Number 26087961, with registered office at Průmyslová 5619/1,586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Part C, Insert 66184 (hereinafter referred to as GLS only).

Client – an entity, which has entered into a Forwarding Contract with GLS or another contract related to the transportation of things.

Sender – an entity marked on the parcel as the “Sender”.

Addressee – an entity, marked on the parcel as the “Addressee”, who is to accept the parcel.

Parcel – a thing accepted by GLS to provide a service under the Forwarding Contract or another contract related to the transportation of things entered into between the Client and GLS that is furnished with a GLS parcel label.

Export Parcel – a thing accepted by GLS to provide a service under the Forwarding Contract or another contract related to the transportation of things concluded between the Client and GLS, with the GLS parcel label affixed, where the address of the place of delivery is outside the Czech Republic.

Parcel Label – a label containing GLS bar code and placed on the upper and the biggest side of the parcel that is used to identify the Sender, Addressee, and address to deliver the parcel.

Forwarding Contract – a contract made between GLS and the Client in writing or in another form based on the provisions of Section 2471 et. seq. of Act No. 89/2012 Coll., Civil Code.

IOD – information on delivery of parcel provided in electronic format or verbally.

POD – written confirmation of parcel delivery.

Rollkarte – a summary used by GLS issued according to numbers of parcels in which the recipient confirms receiving the parcel.

Scanner – an electronic device used to record data during transportation of parcels, including the Addressee’s electronic confirmation of the parcel receipt.

GLS Network – members of the GLS General Logistics Systems system at a specific time.

Dispensing Place – the external partner location identified as GLS ParcelShop or the technical equipment, to carry out release of the shipment on the basis of the proof of authorization to pick it up.

Offer - GLS proposal specifying all price terms and conditions, including the amount of the reward and the price of each forwarding service. By concluding the Forwarding Contract (see 3.1.) the Client accepts the Offer and agrees to pay for the provision of forwarding services.

Parcel dispatch systemGLS software or online portal used for generating a unique parcel code, printing a parcel label and transferring the required data from the Client to GLS.

Own parcel dispatch system – a system used for generating a parcel label and transferring the required data which was not established and supplied by GLS.

Own parcel label – it is a parcel label which is generated by an own system and by own resources on the side of the Client, or the Sender. The label has to meet the requirements for the right shape, locating of obligatory information and a correct format of the bar code.

1.8 GLS maintains a Customer Service Office for the Clients at its headquarters, which is open from 7 a.m. to 6 p.m. on working days and provides information, based on parcel reference numbers, on parcel delivery (IOD), sends proof of delivery (POD) to the Client upon request, and handles any complaints related to parcel delivery.

The Customer Service Office can be reached:

Phone: +420 567 771 111
Fax: +420 567 771 199
Email: info@gls-czech.com

1.9 GLS also operates a Customer Service Office for Addressees, which is open on working days between 7 a.m. and 6 p.m. Addressee who call the number +420 840 123 456 or +420 567 771 111 are provided with information about their parcels, based on the parcel number.

1.10 Information regarding the status of parcels delivery may also be found, beginning on the subsequent business day following their acceptance, after you enter the parcel reference number at www.gls-czech.com in the main menu.

2. Enquiries, complaints management

2.1 The Client or its representative may make enquiries at Customer Service based on the parcel number, and may request the parcel information specified later herein (information on delivery, IOD), as well as a delivery certificate (proof of delivery, POD). The parcel information (IOD) service, in the case of parcels dispatched within the last 3 months, is provided immediately, and the delivery certificate (POD), in the case of parcels dispatched within the last 3 months, is sent within 4 hours. After this, the parcel information is kept available for another one year at least, but the deadline for providing the information lengthens to 3 working days.

2.2 All complaints regarding loss or damage of parcels received by the Customer Service shall be passed for investigation and handling to the Complaints Department of GLS. Complaints shall be made in writing.

2.3 In the case of a complaint, Customer Service receives the complaint, ensures that it is investigated and that the relevant corrective measures are taken, and informs the complainant accordingly.

2.4 Customer Service and Complaints Department address in writing all the claims and complaints and observations within the shortest possible time, but not later than within 30 days from the time the complaint is made.

2.5 The complaints are registered and the causes of the errors, if any, are eliminated in accordance with the stipulations of the ISO 9001 certified quality management system.

3. Purpose and geographical validity of the GLS General Business Conditions

3.1 GLS performs the parcel-forwarding service strictly on the basis of a valid and effective Forwarding Contract. The contract may be concluded in the usual form in writing, or alternatively also orally or implicitly after acceptance of the Offer and in accordance with the content of the Offer. However, in all cases the precondition for validity is that the Client have the requisite number of parcel tickets, issued to it by GLS, for posting the parcels, or the Client produce the parcel tickets and posting information in accordance with the GLS system regulations, and that it use these tickets whenever parcels are dispatched.

3.2 These General Business Conditions shall be valid for all the activities of GLS, including primarily the undertaking of integrated parcel-forwarding tasks, the collection, loading, unloading, handling and reloading of parcels, the temporary storage of parcels in the case of failed delivery, as well as the administration of the shipping of export parcels within countries belonging to the GLS Network.

3.3 These General Business Conditions shall apply exclusively to transport-related tasks covered by contracts concluded with GLS, and therefore they shall not apply to import parcel forwarding in the case of which the Client enters into a contract with the other member of GLS Network in accordance with the General Contractual Conditions of the foreign partner.

3.4 The products and services provided by GLS:

a) domestic, 24-hour integrated parcel delivery service, delivery usually on the day following the collection, provision of information regarding the transit time,

b) integrated export parcel delivery to EU member states and to Norway and Switzerland, in cooperation with the GLS Network,

c) the import of parcels sent by the members of the GLS Network to Czech Republic from the above countries, the customs clearance of the parcels in accordance with the Addressee’s instructions, and delivery of the parcels.

3.4.1 Domestic and integrated parcel forwarding:

In accordance with the request of the Sender, GLS performs the pick-up of the parcels at the location specified by the Client and the delivery of the parcels, keeping them constantly under its surveillance from pick-up to final delivery. The Sender can also keep track of the consignment as well as the information related to the consignment, and the proof of delivery is retrievable at any time (within the limitation period). In the event of a change of address, GLS also undertakes to clarify the address and to deliver the consignment to the clarified address. The service also includes the second delivery attempt following a first unsuccessful delivery, and – in the event of an address change – the delivery of the parcel to the new address, or, at the Addressee’s instruction, to the original address at a different time.

BusinessParcel:

A rapid and efficient door-to-door parcel delivery service. Within the Czech Republic, we deliver the parcels, collected from any town or village, during working hours (between 8 a.m. and 5 p.m.) on the working day after the day of pick-up. The second delivery attempt is free of charge.

ExpressParcel:

Delivery of urgent parcels to deadline, by noon on the day after the day of pick-up at the latest. Only available in certain towns; a list of these towns is available on the GLS website. In the event of a delay for reasons attributable to the service provider, the transport charge and twice the surcharge charged for the service shall be credited as fixed-amount compensation.

BusinessSmallParcel and ExpressSmallParcel:

Special handling for parcels under 3 kg: separate sorting, carriage in special GLS bags, simple procedure for designating consignments as small parcels using a GLS template.

3.4.2 Export Parcel Forwarding (international integrated parcel forwarding service):

the consignments are delivered by the foreign contracted partners of GLS Network while ensuring that the consignment remains under the surveillance of GLS from collection to delivery, and that the information related to the consignments as well as the proof of delivery can be retrieved at any time (within the limitation period). With respect to export parcels, the transit time (excluding customs clearance, from the time of pick-up until the consignment arrives at the depot of the target country performing the customs clearance) varies by target country, from 1 to 5 working days following pick-up. The time required for customs clearance varies according to the local regulations, and the related charges are borne by the Client or the Addressee. If in the case of Export Parcel Forwarding Client or the Addressee fail to meet payment obligations, GLS shall not have the obligation to deliver the consignment directly to the Addressee and GLS shall have the right to charge the costs demonstrably incurred in connection with the customs clearance to the Client. In the event of a change of address, GLS General Logistics Systems undertakes to clarify the address and to perform delivery to the clarified address. The service includes the second delivery attempt following an unsuccessful delivery.

EuroBusinessParcel and EuroBusinessSmallParcel:

Reliable, rapid and efficient road-based parcel forwarding from the Sender directly to the Addressee (door-to-door) with advantageous delivery times in 41 European countries.

3.4.3 Value-added services available to domestic Clients for special prices:

(These services may only be ordered through GLS Parcel Dispatch System.)

Guaranteed24Service:

Guaranteed next-day delivery – with this service GLS undertakes to ensure delivery within the Czech Republic on the working day following pick-up, with a guarantee of compensation in case of not meeting this deadline through the fault of GLS.

Pick&ReturnService:

Pick-up and return – GLS, on the instructions of its contracted partner, collects the parcel at a specifi ed location and delivers it to the Client anywhere in the Czech Republic. The Sender is responsible for correct parcel labelling at the loading location.

Pick&ShipService:

Pick-up and ship – GLS, on the instructions of its contracted partner, collects the parcel from the specified location and delivers it to any specified address in the Czech Republic. This service may be ordered also in the Customer Service office.

CashService:

Cash-on-delivery – The settlement and bank-transfer of the cash taken upon delivery takes place automatically at least twice a week; the additional fee for the service includes the cost of the bank transfer within the given country. The fee for the service is also charged in the event of an unsuccessful attempt to hand over the parcel. In the case of an export consignment, with the exception of Slovakia, the Client must have a HUF account kept in Hungary, a RON account kept in Romania, a EUR account kept in Slovenia and a HRK account in Croatia in order to use the service in these respective countries.

ExchangeService:

Parcel exchange – GLS picks up an exchange parcel upon the delivery of parcels in respect of which the service has been ordered.

FlexDeliveryService:

Flexible delivery – the service offers 6 optional solutions and 3 delivery attempts for flexible delivery and at the same time it ensures continuous information of the Client via an e-mail. The first message contains information that the parcel will be delivered on the following business day, information on the Sender and/or the COD amount to be collected. The second message sent on the day of delivery contains an anticipated interval for delivery, the contact phone number to GLS. The Addressee may decide about the second and third attempt to deliver via an internet application.

AddresseeOnlyService:

For confidential consignments – by ordering this service, the Sender can specify the person who will accept the parcel. Delivery of the parcel takes place upon presentation of the identity card or the passport. The number of the identity card or the passport is indicated on the Rollkarte.

DeclaredValueInsuranceService:

Declared-value insurance, which may be arranged on a one-off basis for individual parcels. The service may be ordered by completing a service request form via Customer Service office, or on-line via the GLS Parcel Dispatch System (on-line only up to CZK 100,000).

AddOnInsuranceService:

In addition to the automatically provided insurance coverage, additional flat-fee insurance can be ordered for any parcel. The fee for the additional insurance is subject to individual agreement.

ThinkGreenService:

This is a service of CO2 neutral transportation. By ordering this service, the Sender contributes to proven projects of greenery planting that compensates CO2 emissions caused by the transportation of the given parcel.

ShopDeliveryService:

Personal collection of the consignment directly at the ParcelShop selected when ordering of the transport.

ShopReturnService:

Possibility of free of charge returning of the goods to the Sender via any GLS ParcelShop based on a pre-printed parcel label.

GuaranteedHomeDeliveryService:

Comfortable delivery exclusively to a chosen address in CZ with guaranteed compensation in case of service failure reluting from GLS fault.

4. Parcels, parcel labels, packaging, addressing, sealing

4.1 The careful and adequate packaging of goods ensures that the dispatched parcel is suitable for mechanical parcel handling, loading, and efficient public-road transportation, enabling the goods to be delivered to the respective address without damage. GLS only assumes responsibility for properly packed consignments equipped with a proper parcel label.

4.2 In the GLS system, parcels are processed by means of industrial technology. Parcels that may not be processed in the usual technology used in the forwarding of parcels may not be accepted for dispatch.

4.3 For packaging, the Client shall be obliged to meet the following requirements:

a) Only fully sealed parcels with a parcel label may be dispatched.

b) Parcels cannot have long, sharp protrusions.

c) Box space must be utilised optimally; assuring the appropriate size and quality of the packaging material, and filling out the entire package to protect the goods from damage. The inner filling of sufficient thickness must protect the goods around the whole circumference. The goods can never be directly in touch with the shipping cardboard box.

d) Breakable goods should be packaged in Styrofoam or another padding material; the “fragile”, “this side up”, or similar inscription only serves as information and does not guarantee protection of the goods.

e) Electronic devices sent for repair should be dispatched in their original, complete packaging, with appropriate padding.

f) Bottles and glasses placed in parcels should be packed in the package certified for the parcel transport. Irregular-shaped goods that are difficult to package must be protected with shrink-wrapping, under which another layer of packaging material shall be used.

g) Cardboard boxes must be sealed on the sides with adhesive tape which should bear the Sender’s company logo, if possible.

h) Boxes strapped together in a bundle are excluded from the transport. Bundles may fall apart and only the parcel unit identified with a label will arrive at the destination point.

i) Parcel label, translucent self-adhesive packaging containing a consignment note, and labels denoting special services must be attached to the largest side of the parcel.

j) If several parcels are dispatched to the same address, stickers indicating the use of special services must be affixed to each of the parcels.

k) If the CashService is ordered, the full amount to be collected must be sent electronically before the commencement of dispatch (no later than by 8:00 p.m. on the day of accepting the parcel) in a manner determined by GLS. If CashService is not ordered by the Client in the above specified way, or if it is not ordered in compliance with the concluded Forwarding Contract, these General Business Conditions or other GLS instructions, particularly if contrary to the GLS Offer it is ordered to a country where GLS Czech Republic does not provide this service, it will not be considered. The standard GLS label must always indicate the amount to be collected which must correspond to the value of each part of the parcel. In the case of incorrect or unclear order, GLS will try to contact the Client to clarify the data.

l) Hazardous goods may not be dispatched, even if marked as such.

4.4 GLS considers it important to prevent damage and therefore it offers free advice to its clients through its web page or Customer Service on how to proceed in packaging. A “Fragile” label or other similar warnings in no way exempts the Sender from the obligation to package the goods appropriately according to their nature. Such label does not protect the goods!

5. Collection of parcels

5.1 The parcels are collected from the Client’s premises. The Clients may – based on a separate agreement – also dispatch their parcels provided with parcel labels at the parcel sorting plant or regional depot, at pre-arranged times, with deliveries scheduled for the next working day. In this case the parcels are placed on the conveyor line by the Client’s driver.

5.2 When picking up the parcels, the GLS driver does not check the adequacy of parcels, but he may refuse to accept parcels that are clearly inadequate. The pickup of the consignment does not mean approval of any exception from the valid provisions of these General Business Conditions.

5.3 Parcels for dispatch are accepted either by the respective driver or the parcel depot employee against an Acknowledgement of Receipt which serves only to confirm the quantity of parcels accepted for transport. The itemised registration and weighing of parcels takes place, in accordance with the provisions of the contract, at the GLS Depot or at the central GLS parcel sorting plant.

5.4 The Client may use the following possibilities for the documentation of dispatched parcels:

a) Electronically generated list of the consignments from the GLS Parcel Dispatch System,

b) Copy of the shipment label,

c) Parcel number mini sticker (self-adhesive, 2 copies detachable from the shipment ticket),

5.5 GLS undertakes to settle accounts with the Client based on the number of dispatched parcels. In case of doubt, occasionally item-by-item reconciliations can be carried out based on the Client's parcel-number records.

If so agreed between the parties, GLS may also provide parcel data via the computer system.

5.6. If the Client, without a prior consent of GLS, significantly exceeds the agreed or usually dispatched quantity, weight or volume of dispatched parcels, GLS has the right to accept the above-limit parcels only after concluding amendment to the Forwarding Contract.

6. Delivery

6.1 Upon delivery, the carefully packaged and legibly addressed parcel is handed over to the address by the delivery driver. When the driver arrives at the destination to deliver the parcel, he may not be kept waiting; if he is kept waiting, the delivery process may be broken off.

6.2 Parcels are handed over upon signing of the receipt by the Addressee, or by other persons who, under the given circumstances, can be assumed to be entitled to receive the parcels. These include, primarily, the persons present in the premises of the Addressee and, for parcels sent to a private address, the persons present at the address. For registered parcels, the Addressee must provide a letter of authorisation. By giving his/her signature the Addressee confirms that the parcel has been delivered properly and it meets all prescribed requirements.

6.3 In the case of delivery of a registered parcel, i.e. “AddresseeOnlyService”, the Addressee is the person designated by the Sender. This person must provide documents to prove his/her identity. In this case, besides the recipient's signature, the number and type of the document presented by the recipient to prove their identity must also be indicated.

6.4 In the case of the CashService (if such has been ordered), delivery shall only take place after the cash amount due has been paid and the Addressee shall confirm receipt of the consignment by their signature. The recipient may not open the parcel before performing these actions. The recipient can pay the COD value by payment card or in cash. In case of the COD payment by a payment card, the Client will be charged extra surcharge in accordance with the currently valid price list unless the Client forbade paying the COD value by payment card in the Forwarding contract explicitly.

6.5 If required by the Client, a standard consignment can be delivered via the dispensing place. The permission for the taking it over is proved by the identity card or by the unique password, that GLS sends to the Addressee via e-mail or SMS. In such a case the provision in 7.3 is not followed and there will be no other delivery attempt to the original address.

6.6 In the process of sending consignments, GLS will consider as valid only such instructions it receives from the Client.

7. Weight and size restrictions

7.1 Parcels may be dispatched in a weight of up to 40 kg per. The girth of the parcel (i.e. 2x height + 2x width + 1x length) may not exceed 3 m, and the maximum permitted parcel sizes are: length 2 m, height 0.6 m, width 0.8 m. For BusinessSmallParcels the maximum weight of a parcel is 3 kg and the dimensions: length 2 m, height 0.6 m, width 0.4 m.

7.2 Each parcel is weighed by GLS automatically, in accordance with the provisions of the contract, when the parcel arrives at the regional collection depot or the central sorting centre, using electronic calibrated scales and the measured weight is allocated to the parcel number and automatically registered. The measured weight data serves as the basic data for the automatic invoicing process.

7.3 Within the GLS system, parcels exceeding the weight of 40 kg or the specified size limits will not be forwarded. GLS shall be entitled to send any consignments that cannot be forwarded due to the above reasons by means of another carrier that undertakes the shipment of such consignments, and to charge any related costs to the Client. With respect to these consignments, the General Business Conditions shall not apply and the declared delivery time shall not be valid in these cases.

7.4 Consignments delivered via a Dispensing Place can have the weight 15 kg max and dimensions length 1 m, height 0.6 m, width 0.8 m.

8. Objects excluded from the scope of GLS services

8.1 The following parcels or items will not be transported by GLS (consignments or goods excluded from providing carriage):

a) goods packed inadequately and/or not in the standard forms of packaging customary in this industry, i.e. goods which are not packed and protected in a manner corresponding namely to their weight, shape, character, material they are made of and to their nature,

b) consignments which are clearly overweight or oversized; If GLS accepts such a consignment for the provision of the carriage, it stipulates the right to charge a surcharge for an oversized consignment,

c) bundled parcels, parcels dispatched in wooden crates, parcels obviously damaged,

d) perishable goods, infectious or malodorous goods,

e) human or animal remains,

f) living animals and plants,

g) consignments in sacks, bags, or loose-packaged consignments,

h) cash, precious metals, genuine pearls, precious stones, jewellery, works of art, antiques, stamps and other valuables

i) objects and documents convertible for cash, services or goods, e.g. payment cards, token money, tickets, lots, lottery tickets, securities, including shares, cheques, bills of exchange etc.

j) consignments containing personal identity documents and other IDs or documents, e.g. business documents, documents containing sensitive data etc. objects with sentimental value, unreplaceable objects as well as objects with low value whose loss or damage would however recall high harm,

k) temperature-controlled goods,

l) munitions, fi rearms, explosives and similar items, with the exception of consignments containing mechanical weapons for which the tightening force is less than 150 N, and therefore they do not fall under “category D“ weapon under Act No. 119/2002 Coll., on fi rearms and ammunition, as amended),

m) parcels addressed to the Addressee’s post-office box,

n) in the case of international consignments of goods subjected to consumption tax, for example alcoholic drinks and tobacco products,

o) movables listed in the ADR Convention (international transport of hazardous goods on public roads) or IATA Convention (air transport of hazardous goods) as hazardous goods. In case of any questions or concerns, please contact customer service to obtain the current text of these conventions,

p) vehicle tires with exception of motorbikes,

q) unpackaged rims and those with tires,

r) car batteries,

s) pressure vessels,

t) liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.,

u) goods the value of which exceeds CZK 125,000 or equivalent of EUR 5,000 for export parcels,

v) goods or parcels the shipment of which is prohibited under any applicable law (e.g. due to their content, intended recipient, or the country to or from which they are to be sent). Applicable laws include all laws, sub-statutory legal norms (such as ordinances, regulations or measures) which can be used to impose a sanction, any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoes) including measures established by the United Nations, the European Union and the Member States of the European Union

8.2 If the Client, or a person authorized by it, passes to GLS for transport a parcel containing the goods excluded from providing carriage without the expressed written consent by GLS, the Forwarding Contract is not entered into and GLS bears no liability for any damage caused in relation to the handing over and delivery of the parcel that is excluded from providing carriage. In such a case, the Client is obliged to pay to GLS all costs connected to this and all damage caused to GLS.

8.3. GLS is not obliged to accept parcels which are excluded from providing carriage and has the right (not obligation) to refuse these parcels. By accepting a parcel to carriage, GLS does not waive the right to refuse providing carriage if it later obtains reasonable suspicion that the parcel contains objects excluded from providing carriage under these General Terms and Conditions, or under legal regulations or terms and conditions of GLS contractual partners. In such a case, GLS shall be entitled, at the Client´s costs if there are any, either to deliver the Parcel to the Addressee, or return it to the Client, or handle the Parcel in a diff erent manner, including its disposal in the last resort case, based on concrete circumstances and suitability so that the occurrence of potential damage or risk is prevented, if possible. The Client will be informed about handling the parcel.

8.4 In the case of parcels with foreign destination, personal belongings, goods subject to excise and consumption duty, as well as goods accompanied by ATA Carnets, are also refused for shipment.

9. The service

9.1 GLS performs the service as a carrier agent and for fulfilling freight-forwarding tasks it uses the services of individual carriers, whose activity it monitors throughout the entire process and the quality of which activity it guarantees. The activities performed by the above-mentioned carriers appear in the invoice as mediated services, which, due to the nature of such services, are not stated separately.

9.2 GLS accepts parcels for transportation that are sealed and intact, without checking their contents, and has them forwarded to the Addressees sealed and without checking their contents.

9.3 In the event of any visible damage to the parcel or the packaging, GLS allows the recipient to check the content of the parcel upon delivery, and the result of such checking is recorded by the delivering driver in a report prepared together with the recipient. A record on damage is not a claim for damages.

9.4 Scope, characteristics and conditions of the service:

9.4.1. Content of the service: acceptance of parcels handed over at the GLS Depot, in the central parcel sorting plant or at the site designated by the Client, collection and transportation of parcels to the Addressee, postage paid. GLS primarily executes the instructions of the Client, and undertakes parcel forwarding, the costs of which are borne by the Client.

9.4.2. The release of the parcels takes place against signature of the Addressee or of another person who, depending on the circumstances, could be considered or assumed to be entitled to receive the parcels. These include, primarily, the persons present in the premises of the Addressee and, in the case of registered parcels, the Addressee or those in possession of the appropriate letter of authorisation. In the case of delivery via a Dispensing Place, delivery is based on the presentation of the identity card or by entering the specified password.

9.4.3. Parcels dispatched to GLS at the place of pick-up by 5 p.m. will be delivered within the Czech Republic on the next working day (“24-hour” does not refer to the precise transit time, but only means the next working day).

The Client may also dispatch ExpressParcels (morning deliveries) to the locations specified in the list provided by GLS (deliveries performed by 12 noon on the next working day), subject to the terms of the contract.

In the case of export consignments, the transit time is between 1 and 5 working days (indicative data only), which may be extended by the time required for customs clearance.

9.4.4. If the first delivery attempt is unsuccessful, the second delivery attempt is included in the service. If the first delivery attempt fails due to an incorrect address or some other circumstances that can be corrected by the Client, GLS will call upon the Client to make the correction. If the second (third with the FlexDeliveryService) attempt is also unsuccessful, the parcel will be returned to the Client. Any undeliverable parcels are stored by GLS for up to 5 working days (or for up to 10 working days if the Addressee has indicated that he is on holiday), after which the parcels will be returned to the Client, without any separate indication. If the Address refuses to accept the parcel, or if the Client requires transport to be cancelled, a second attempt at delivery is not made and the parcel is automatically returned to the Sender.

9.4.5. Unlimited information on delivery (IOD) will be provided by GLS to the Client regarding the parcels dispatched by it, from the morning of the second working day following pick-up, either by phone or through the web-based Track&Trace system. The Client may request a written proof of delivery (POD) free of charge for up to 5 % of the average daily number of parcels consigned by the Client. GLS is entitled to charge a reasonable document-completion fee, if this is justified by the excessive demands for delivery-related certificates. The countersigned consignment note (“Rollkarte POD”) or the acknowledged and signed electronic or scanned receipt replacing it shall qualify as appropriate proof of delivery.

9.4.6. CashService, that is the collection of cash on delivery, is provided in the event of the Client’s timely completed order sent via an electronic channel and confirmed by GLS, or based on an order recorded in accordance with the provisions and sent by the specified deadline in the GLS Consignment Dispatch System, and only to the countries in which GLS Czech Republic offers this service. Then GLS is fully responsible for the collection of cash on delivery (based on the proof of delivery or cash receipt). Subsequently, CashService cannot be added, be cancelled or the COD amount cannot be changed.

Any failure to collect the COD amount, however, does not result in the creation of a debt on the part of GLS towards the Client, and the Addressee shall continue to be liable for payment of this amount within the framework of the original legal relationship, and the usual insurance conditions shall not cover any uncollected COD amounts.

In the case of any uncollected COD amounts, the liability of GLS shall extend to the limit of the collection service fee. In addition to this, GLS shall be obliged to cooperate in the subsequent collection.

If collection of the COD amount fails due to reasons demonstrably attributable to the wilful misconduct or negligent business conduct of GLS, a damage claim in this respect may be raised in accordance with the Civil Code. The collection amount per one parcel may not exceed CZK 60,000 (sixty thousand CZK).

9.4.7. When ordering the CashService, the Client acknowledges that GLS is an entity responsible only for collecting the amount and that GLS is not authorised to act on behalf of the Client or to conclude any contract with the registered consignment Addressee on behalf of the Client. In addition, GLS points out that it is not the liable entity under Section 2 of Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism; which does not mean that the Client is not this liable entity. The Client is obliged to observe all the obligations stipulated by Act No. 253/2008 Coll.

10. Parcel forwarding fee, reimbursement of costs

10.1 GLS and the Client shall, under the parcel Forwarding Contract and any amendments thereto, agree with regard to the prices. (The contract is also to be deemed accepted if the Offer has been accepted either verbally or in writing, or if use of the service has commenced.) The prices are based on a volume weight of 1m3 = min. 300 kg.

10.2 Regarding returned goods and goods of unusual size, the settlement of accounts with the Client takes place in accordance with the currently valid price list.

10.3 With respect to parcels forwarded to non-EU countries, GLS only undertakes export parcel forwarding with DDU or DDP rules.

10.4 Special customs clearance orders are performed by GLS exclusively on the basis of a prior agreement!

10.5 With respect to export parcels, the Client is obliged to carefully conclude an agreement related to the bearing of costs with the Addressee, and the Client is obliged to submit the related order to GLS in compliance with such agreement.

10.6 For shipment of export parcels, the Client undertakes to become acquainted with applicable legislation of the destination country and bears responsibility for the accuracy of the specified delivery rule. If, based on the delivery rule, the foreign Addressee is obliged to pay customs fees, taxes, costs and expenses, and the Addressee fails to meet these requirements, the GLS’s obligation to deliver the parcel directly to the Addressee ceases and the shipment is considered to be performed upon its delivery to the customs warehouse or a similar place according to the target destination. If GLS incurred any costs due to reasons caused by the Addressee or due to breach of the Client’s obligations specified in this paragraph, the Client is obliged to pay GLS all such costs incurred, even if the parcel has not been delivered directly to the Addressee.

10.7 The Client acknowledges that, even if a parcel is exempted from taxes and customs duty, this does not mean that there may not arise customs clearance fees or other costs and expenses in relation to the customs proceedings or other similar proceedings. The Client shall be obliged to pay to GLS all expenses which GLS as a forwarder had to pay for the foreign Addressee or the Client.

10.8 In case that COD value is paid via credit card, the Client undertakes to pay the fees for the executed cashless payment in the value of the current price Offer and this value will be invoiced to the Client together with the other services.

10.9 GLS reserves the right to react to the current price development of fuels and charge a fuel surcharge. The price shall also include so-called toll surcharge the amount of which is set based on the current rates of the toll in the given calendar year. The amount of surcharges and the method of their calculation are part of the current Offer as of the day of processing and they are available at www.gls-czech.com . However, the fuel surcharge and toll surcharge amounts are updated every month according to the price trend. In the event of any discrepancy between the data provided in the Offer and on website www.gls-czech.com , the information provided on the website shall prevail, unless the parties agree otherwise.

10.10 GLS reserves the right to unilaterally modify the Offer in the case of Client’s long-term deviation from the parcel parameters, based on which the Offer was calculated, or if it is justified by significant changes in the operating, overhead and other costs on the side of GLS. If the Offer is modified, GLS shall notify the Client of such modification at least ten calendar days prior to the entry of such modification into force. If the Client fails to notify GLS in writing or via e-mail of their disagreement no later than one working day before the effective date of the proposed changes, or if the Client orders a shipment of parcels after the effective date of the proposed changes, it is considered as the Client’s agreement with the proposed modifications or amendments.

10.11 If the Client expresses their disagreement with the modification of the Offer, they are entitled to withdraw from the Forwarding Contract. If the Client fails to do so, it is bound by the new Offer beginning on the first day of its effect.

11. Obligations of the Parties

11.1 The Client is obliged to package each parcel in compliance with the industrial standards pertaining to parcel handling, providing the parcels with the adequately completed standard GLS parcel labels and documents. The addressing of the parcel – especially the Addressee’s details – must be complete.

11.2 The Client is obliged to pass all the shipping data to GLS before the commencement of dispatch in an electronic way and in the approved format. In case of any missing data GLS has the right to suspend dispatch even without the prior notice and to return the consignment to the Client or the Sender.

11.3 GLS is not liable for any errors in filling-in labels or errors in the transmitted data.

11.4 GLS is not obliged to warn about any incompleteness or incorrectness of documents or data.

11.5 The Client is not entitled to conclude on its own behalf the Parcel Forwarding Contract with GLS to the account or in favour of third parties without a written consent by GLS. Such a written consent shall contain especially the Client’s duty to inform third persons duly on the carriage terms and conditions and to adjust the related Client’s responsibility. In case this obligation is broken by the Client, GLS is entitled to suspend the process of parcel delivery and to withdraw from all contracts concluded with the Client eff ective immediately

11.6 The Client is further liable to GLS and to every carrier authorised by GLS and their customers for all damage and injuries caused by the Client failing to meet some of its obligations hereunder, in particular for damage caused by the consignment or its content.

11.7 The Client is obliged to pay the service charge by the defi ned deadline, by bank transfer to the bank account of GLS

11.8 If the Client consigns goods excluded in section 9, or fails to meet its obligations set out above, GLS may temporarily refuse to perform the service.

11.9 The Client is liable for the misuse of the parcel label in the full scope. The Client is obliged to:

a) furnish each parcel with one valid parcel label; all old labels should be removed;

b) use solely the allocated numerical series of the parcel labels and once these are used

up to apply for allocation of a new numerical series;

c) refrain from using numerical series other than the allocated one. It may not use the

same numerical series repeatedly.

d) make sure that two different parcels are not equipped with an identical parcel number;

11.10 The Client may not pass the parcel label to other persons. In case this happens, it shall be liable for the parcel label as if it has used it for the transportation of its own parcels.

11.11 If the Client breaches the above stipulated obligations, GLS is entitled to block the numerical series allocated to the Client for printing of the parcel labels and to charge a fee (contractual fine) for each individual breach amounting to CZK 500.

11.12 GLS reserves the right to refuse, suspense, cancel, postpone or return any parcel at any time if such a parcel could damage or delay other parcels in the opinion of GLS. The same holds also in the case parcel carriage is not in compliance with legal regulations or any other provision of these General Terms and Conditions, or in case the Client has a receivable overdue towards GLS. The fact that GLS takes over a parcel does not mean that such a parcel complies with valid legal regulations or with these General Terms and Conditions.

12. Right of disposal

12.1 The Client may, in the absence of the Addressee, authorise GLS to deliver the parcel to a neighbour or another appropriate person, or to the mailbox or to the dispensing place. In the case of such – written or verbal – authorisations, the certificate of receipt (IOD, POD) will be prepared in a modified format.

13. Invoicing, payment

13.1 GLS performs the service exclusively subject to the payment of the price for forwarding services by the Client; it does not forward parcels where the price for transport is to be paid by the Addressee. GLS acquires the right to be paid the price at the moment of handing over the parcel so that the carriage is provided.

13.2 The invoice for the service is always prepared in arrears, in one or two invoicing cycles per month.

13.3 GLS invoices the performance by service type, in a single amount, with a credit period of 7 calendar days from the date of the invoice. Invoices are always settled by bank transfer.

13.4 The invoice payment is due within 7 calendar days from the date of the invoice issue. Invoices are always settled by bank transfer. The Client is obliged to settle the invoice by bank transfer by the specifi ed deadline. In the event of delay with the payment of an invoice, the Client is obliged to pay interest on late payment 0.05 % daily of the owed amount and expenses incurred in relation to the collection of the overdue receivables to GLS.

13.5 The Client acknowledges that GLS has the right of lien with respect to the parcel within the meaning of Section 2481, Civil Code, and in case of failure to pay the price for forwarding services, GLS is entitled to satisfaction of its receivable from the proceeds of the lien converted into cash pursuant to the provision of Section1359 et. seq. of the Civil Code. GLS is further entitled to charge to the Client a difference between any discounted price and the price according to the basic price list of GLS also retrospectively for the issued and due invoices. In the event of delay the Client is obliged to hand over to GLS all the allocated parcel labels and GLS is entitled to block up the numerical series allocated to the Client for printing of the parcel labels and it is also entitled at any time without previous notice to suspend the providing of forwarding services. GLS is further entitled unilaterally to offset its due receivables owed by the Client the payment of which is delayed by the Client, all CashService amounts collected upon delivering of parcels from the Addressees, which it is normally obliged to pay to the Client. GLS is obliged to notify the Client on the performance of the offset.

13.6 All invoicing of the forwarder shall be carried out electronically. In the event the Client requires invoices in paper format, the forwarder may charge a fee for creation and delivery of the invoice in paper format.

13.7 If GLS incorrectly (to the detriment of the Client) invoiced its requirement for paying the price for service fee, the Client is entitled to notify GLS of this fact in writing, specifying the incorrectness, within 30 days of receipt of the invoice (complaint against the invoice). If the Client fails to do so, it is assumed that the invoice is error-free and GLS is entitled to the payment for the service charged in the invoice. If the invoice is incorrect, GLS shall invoice correctly the price for shipment service within thirty days of delivery of the incorrect invoice notification to the Client.

14. Parcel dispatch system

14.1 The data transmission between the Client and GLS, services ordering and printing of particular parcel labels are performed solely by applications provided by GLS if there is not any exception in compliance with Article 14.5 of these Conditions. The applications are: GLS Connect, GLS Connect Online, GLS Online API and MyGLS.

14.2 The flawless operation of applications requires a reliable connection to the Internet on the side of the Client.

14.3 Information on applications is available on the GLS website and in the documentation of the given application. The support is provided by the GLS customer service.

14.4 GLS is not reliable for any damage from misuse or incorrect setup of an application, incorrect printer setup, or damages caused by unprofessional intervention into configuration and source files of an application.

14.5 If the Client or the Sender is not able to use standard GLS systems for parcel dispatch, an exception may be awarded and usage of an Own software solution may be allowed based on signing the amendment to the Forwarding Contract in the form of the Agreement on using own system for printing labels.

14.6 In case the Client does not draw the Agreement on using own software, they do not have the right to exercise complaints about any disaccord which emerged by incorrect data transmission or the wrong format of the parcel label.

15. Warranty

15.1 Guarantee of the transport time for national and international parcels shall not apply. These are usual transport times. Within the territory of application of the CMR the warranty regulated in the CMR shall be applied.

16. Damage incidents

16.1 GLS provides compensation coverage (in line with the arranged parcel insurance) for the Client, with respect to each parcel, in the event of provable damages attributable to GLS, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the parcel. Damage is only limited to damage of parcel, i.e. costs of its repair or repeated purchase of the damaged item, that is only to real direct damage (direct damage is the value by which the value of the item is reduced) and it shall not relate to any subsequent damage (inter alia to lost earning, income, profit, future business, sanction for delay, contractual penalties, fines, etc. i.e. indirect damage and lost profit are not compensated. Liability for damage caused by Force Majeure is excluded.

16.2 Apparent breaking or damage of the packaging may be contested no later than upon the parcel delivery. A record on damage on a GLS form shall be made immediately regarding the scope of damage or partial loss of the contents of the parcel.

16.3 In case of damage that is not apparent upon delivery, justified grounds for legitimate claims for compensation are established in the event that the written claim for compensation is submitted by Client to GLS within 3 days from delivery, or returned delivery, and if the damage is demonstrably due to reasons attributable to the service provider. In case of intact packaging of the parcel GLS shall not be liable for mechanic, electric or electronic damage of the contents even if the internal packaging of the parcel was sufficient. The Addressee, or the Client, is obliged to provide to GLS a sufficient opportunity to check the damaged parcel either personally or through an authorized person. The Addressee, or the Client, may not handle this parcel until this time and it is also obliged to keep a packaging of the parcel. Provided the Client fails to submit its claim within the above stipulated time period, if it does not provide the parcel to GLS for inspection, or if it handles the parcel without authorisation, its claim to damages becomes invalid.

16.4 In other cases not listed in 16.2 and 16.3, grounds for compensation claim are established only in the event such a claim is submitted by the Client to GLS in writing within 60 calendar days from the day the parcel was passed over for transport provision.

16.5 The amount for shipping also contains basic insurance. The insurance amount covers the costs of repair or compensation to which also a fee for service may be added, however, not exceeding CZK 6,000 (six thousand CZK). However, if the Client hands over a parcel for shipment in accordance with provision 8.1 (s) of the General Business Conditions, the value of which exceeds CZK 6,000, it is obliged to inform GLS on this fact in writing (via e-mail) and communicate the actual value of the parcel; in addition, it is obliged to obtain additional insurance for the parcel. If the Client fails to do so, the parcel is considered as a parcel containing things (goods) excluded from shipment in accordance with the provisions of Article 8 of these General Business Conditions.

16.6 The extent of GLS liability for damage is limited, in the case of loss, destruction or damage to the parcel within providing of carriage or to a parcel taken over by the Forwarder for transportation or to acts related to transportation or in any other case with the amount corresponding to the direct damage up to maximum CZK 6,000 per one loss or more cases of loss, however showing the same cause of damage. In the case of additional insurance of the consignment, the maximum value of damage increases according to the amount of the additional insurance.

16.7 The Client may take out insurance of the parcel for a higher value; the insurance can, however, be taken only after paying an extra charge. Such insurance is only concluded after payment of a surcharge and after GLS approval confi rming the extension of coverage. Mere stating the data of the parcel value (price) is not considered as an order to take out insurance policy.

16.8 In the event GLS delivers a parcel with a delay, fails to collect money for CashService, fails to send back a confirmed consignment note, but it may prove in a credible manner the delivery of the parcel in its own system (IOD, POD), this shall not be considered a damage incident. In such a case the claim of the Client can only be enforced against the Addressee, and GLS shall only bear liability up to the limit of the service fee.

16.9 If there was a damage due to recapture or suspension of the parcel or other measures taken abroad under or based on a provision valid abroad, the damage compensation shall not belong to the Client.

16.10 Without the consent of GLS, the Client has no right to assign its insurance claims to any third party.

16.11 GLS shall not provide any insurance coverage for valuables which are already covered by other insurance policies. The Client is entitled to take out a supplementary insurance policy.

16.12 If GLS acknowledges any claim for the payment of damage compensation, it ensures that damages are paid within ten working days from the end of the claim procedure.

16.13 The procedures to be followed to handle insurance events are regulated by GLS in the Complaints Regulations, which are published on GLS website.

17. Limitation clause

17.1 Any legal claims against GLS are subject to statute of limitation after the passing of one year. The statute of limitation starts running on the day the entitled party learned or could have learned of its claim, however, no later than on the day of delivery.

18. Written form

18.1 In some cases, GLS General Logistics Systems reserves the right, in respect of certain issues, to conclude an agreement with terms different from these General Business Condition. Auxiliary and supplementary agreements, as well as any other agreements, shall only be valid if in writing.

19. Severability / Jurisdiction

19.1 If any of the provisions of these General Business Conditions is or becomes invalid, this shall not affect the validity of the other provisions thereof. Such invalid provision shall be replaced with a provision that fulfils as closely as possible the business purposes of the original provision.

19.2 Any controversies, disputes, or claims arising from the contractual relation of GLS to the Client shall be first settled amicably. Provided it is not possible to settle these disputes amicably, the contracting parties have agreed that in accordance with Section 89a of Act No. 99/1963 Sb. (Coll.), Code of Civil Procedure, as amended, the court of local jurisdiction in case of disputes arising under concluded contracts or the present General Business Conditions shall be the court competent according to the registered office of GLS.

19.3 In case of doubts, the issue of the General Business Conditions in the Czech language shall prevail.

19.4 GLS reserves the right to amend the present General Terms and Conditions, or Off ers, at any time, also without giving the Client previous notice. If GLS makes such a change of the General Terms and Conditions, it releases the new version of the General Terms and Conditions on GLS websites. The change of the General Terms and Conditions will, then, be announced also via an information text in the invoice, or any via e-mail by GLS. The Client has the right to reject and is entitled to withdraw from the Forwarding Contract. If they fail to do so, they are bound by the new General Terms and Conditions.

19.5 In case there is an interpretative discrepancy between the General Business Condition and other applicable documents amending the contractual relationship between GLS and the Client, the interpretation is ordered as follows: the Forwarding Contract including amendments, the General Business Conditions, other applicable documents.

19.6 GLS may limit or suspend the parcel forwarding service and not meet the conditions under the terms of these General Terms and Conditions if this is required due to an event of force majeure or a regulatory measure. GLS may, due to traffi c limitations or bad meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules. In such a case, GLS shall inform the Client about all these service limitations or suspensions. In these cases, the Client shall not be entitled to raise any claims for damages under paragraph 16.

20. Data protection, obligation of confidentiality

20.1 The Client understands that under the terms of Act No. 101/2000 Coll. on the personal data protection and on the amendment to some acts, as amended (hereinafter referred to as “Act on Protection of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) GLS processes, collects and maintains the personal data of the Client stated in contractual documents, or obtained from other relations related to the mutual collaboration of the Client and GLS, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by GLS in the customer database of GLS for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of GLS. When providing forwarding services, GLS is the Controller of personal data.

20.2 GLS processes personal data exclusively for the purpose of providing forwarding and shipping or additional services (services with value added) based on the agreed forwarding contracts in the scope in which they were provided to GLS based on the forwarding contracts, in particular within the following scope.

20.2.1 the name, surname, address for the purpose of parcel delivery or returning,

20.2.2 the telephone number for the purpose of notification and providing information on the delivery status,

20.2.3 the e-mail address for the purpose of notification and providing information on the order status, confirmation of contract conclusion and business negotiation when direct marketing with goods and services offers of the Forwarder or newsletter may be sent to the provided e-mail, while the Client has an option to reject this service in every business message sent,

20.2.4 the account number for the purpose of choosing and sending COD,

20.2.5 the IP address solely for the purpose of claims proceedings when a client rejects a service order or for checking of unauthorized accesses,

20.2.6 Cookies for the purpose of website transparency improvement, for signing in/out to a web service, website attendance assessment,

20.2.7 the identification number of the Client for the purpose of invoicing for the performed services and unambiguous identification of the company of the Client.

20.3 Personal data processing is lawful when a contract is concluded between GLS and a person providing the personal data, and thus personal data processing is necessary to fulfil the contract, or the necessity is given for the purposes of legitimate interests pursued by GLS or a third party (the Client, the Recipient), e.g. for the purposes of litigations, complaints handling and marketing, and the necessity is further given for the compliance with legal obligations (e.g. tax and customs laws).

20.4 The Client is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Client is voluntary; nevertheless, if the personal data is not provided, GLS is not able to provide forwarding and shipping services.

20.5 The Client undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Protection Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between GLS and the Client, esp. in the Recipient, so that GLS could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and of international penalty clauses (embargo), and further undertakes that if GLS transfers personal data of Recipients or any other participants, it will only be the data which is acquired and processed in compliance with GDPR; it is accurate, is in accordance with the given purpose and limited to what is necessary in relation to the purposes for which it is processed so that GLS could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Client is liable for any damage caused to GLS and commits themselves to compensate all the damage caused to GLS.

20.6 GLS and the Client undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by GLS as related to their provided services, or by the Client as related to their provided services. GLS as well as the Client are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.

20.7 GLS has the right to maintain the personal data for the time which GLS may need for exercising any rights against third parties, or for the time which a third party, esp. the Client or the Recipient, may need to exercise their rights against GLS, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations).

20.8 The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com .

20.9 Client is responsible for the consequences and damages resulting from any misuse of access permissions and passwords to GLS systems and interfaces. GLS establishes these approaches for persons authorised under the Contract, or for the Commissioner authorized to do so. The ordering party is obliged to take the necessary measures against their abuse.

20.10 GLS may only familiarise itself with the contents of the forwarded parcels to the extent necessary for performing the service.

20.11 GLS:

a) may not open any sealed parcels – unless provided otherwise by law, the Contract or the present General Business Conditions;

b) may only examine any non-sealed parcels for the purpose of, and to the extent necessary for, ascertaining the data necessary for dispatch, sorting, forwarding and delivery;

c) may not disclose to third parties any data obtained during the performance of the service – except for the Client, the Sender, the Addressee (or other authorized recipients) and the authorised state bodies ;

d) may not hand over the consignment – for the purpose of examining its contents – to persons other than the Client, the Sender, the Addressee (or other authorised recipients) and the authorized state bodies ;

e) may not provide any information about the performance of the service to persons other than the Client, the Sender, the Addressee (or other authorized recipients) and the authorized state bodies.

20.12 GLS may open and close a parcel if

a) the wrapping of the parcel is damaged to such extent that the opening of the parcel is justified by the need to protect its contents, and the contents of the consignment cannot be protected without opening the parcel;

b) this is necessary for the elimination of a hazard caused by the contents of the parcel;

c) parcel cannot be delivered or returned

20.13 The parcel may be sold by GLS in order to recover the unpaid remuneration for procuring of transportations.

20.14 GLS regulates the process of opening of parcels, and records the actions taken in a report. The fact that the parcel has been opened must be indicated on the consignment, and, if possible, the Sender must be notified accordingly, while also giving reasons.

20.15 GLS is entitled after 6 months from its takeover to sell or, if it is not possible, to destroy the consignment that is not possible to deliver or return. If it is necessary for reasons of health, environment or property protection, GLS is entitled to dispose of the parcel even before the expiration of this period.

These General Business Conditions are the amended version of the General Business Conditions issued on 1 April 2005, and are valid with effect from November 1st, 2020.

These General Business Conditions and the standard price list are published by GLS on the www.gls-czech.com website.

Further information regarding the use of the service – i.e. a detailed description of the services, printed materials, forms, guidelines – are provided by GLS to its Clients in printed form in the "User Manual", and are also available via the www.gls-czech.com website.

e-Balík
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General Logistics Systems Czech Republic, s.r.o.
Průmyslová 5619/1
CZ-58601 Jihlava

Hereinafter referred to as: GLS

These General Business Conditions are based on section 1751 et seq. of Act No. 89/2012 Coll., Civil Code, and they complement the legal regulations specified in the provisions of section 2471 et seq. of the above Act and are inseparable part of the Parcel Forwarding Contract, on the basis of which GLS undertakes to ensure the forwarding of parcels and the Client undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Business Conditions regulate in a binding way relations established between GLS and the Client on ensuring the forwarding of parcels.

The Client declares that it familiarized itself with the content of the General Business Conditions prior to the conclusion of the Forwarding Contract and that it agrees with them and accepts them without qualifi cation.

These General Business Conditions shall be adequately applied also to the basic Contracts of Carriage made before the eff ect hereof and

a) such contracts are concluded pursuant to the provision of Section 2471 et seq. of Act. No. 89/2012 Coll., Civil Code;

b) should these General Business Conditions mention a Forwarder this shall be understood as a forwarding agent;

c) should these General Business Conditions mention a Client this shall be understood as a purchaser of transportation;

d) should these General Business Conditions mention a Forwarding Contract this shall be understood as a contract of carriage.

1 INTRODUCTION

1.1 For the purpose of these terms and conditions, (“Business Conditions”), the freight forwarder is General Logistics Systems Czech Republic s.r.o., with the registered office at Průmyslová 5619/1, 586 01 Jihlava, IČO (BRN): 260 87 961, registered in the Commercial Register of the Regional Court in Brno, Section C, File 66184 (hereinafter the “Forwarder”). The Forwarder is a business acting within its business or other business activities and providing forwarding services arranged through the Forwarder‘s application called “e-Balík” available on the website www.e-balik.cz (The „Application“).

1.2 The Client may be either natural or legal person acting as a business or a natural person in the position of a consumer (the “Client” or “Consumer” subject to statutory conditions).

1.3 The Business Conditions may be modified or supplemented by the Forwarder in a reasonable manner, and such changes will be notified to the Client at least ten (10) days prior to the effect of such a change through the Application and by posting it on the website www.gls-group.com/CZ/cs/home/.

2 USER ACCOUNT

2.1 When registering and setting up a User Account in the Application, the Client is obliged to provide all data correctly and truthfully. The Client is required to update the data entered in the User Account upon any change. Access to the User Account is secured by the Client‘s user name and password. The Client is obliged to maintain confidentiality regarding this access information and it acknowledges that the Forwarder is not responsible for the breach of this duty by the Client. The Client is not entitled to allow third parties to use the User Account.

2.2 The Client is entitled to request the Forwarder to cancel the User Account at any time and without giving any reason.

2.3 The Client is obliged to inform the Forwarder without delay in the event of misuse of its User Account. In the event of misuse of the User Account or the use of the Application in contravention of the Contract, the Forwarder has the right to block the User Account for a necessary period of time. The Client is obliged to compensate the Forwarder for any damage caused by the misuse of its User Account.

3 CONTRACT

3.1 The Contract is concluded in the English language.

3.2 The Client makes orders using the form accessible in the Application. The Client can execute multiple orders at a time in the Application.

3.3 In the Order, the Client shall provide correct data, at least in the following range:

3.3.1 client‘s identification and contact details, unless such data is completed according to the Client‘s details from the User Account;

3.3.2 information on the dimensions of the Parcel or its weight, which determine the price;

3.3.3 data needed to identify the Parcel;

3.3.4 details of the recipient of the parcel (“Recipient”), at least name, surname, address and telephone number in the case of a natural person, and name, address, contact person and phone number in the case of a legal person;

3.3.5 information about the time and method of handing the Parcel over for shipment and about the kind of transport and delivery of the Parcel;

3.3.6 instruction on whether the Forwarder upon delivery of the Parcel is to collect cash or perform any other money collection action before it hands over the Parcel or a document permitting the Recipient to dispose of the Parcel, including the specified amount (“COD”);

3.3.7 confirmation that it agrees to the Business Conditions and Privacy Policy and that it understands their content including confirmation of the possibility of withdrawal and of the requirement to start the service before the expiration of the withdrawal period; (“Order”).

4 ORDER

4.1 The Order shall be valid only after completing all required data in the Order Form available in the Application.

4.2 Prior to submitting the Order, the Client can check, correct or modify the data entered in the Order.

4.3 The Forwarder shall promptly acknowledge the Order Receipt by e-mail sent to the address provided by the Client in the Order.

4.4 The Contract is concluded upon receipt of the Order Confirmation by the Client. The Contract includes a postponement condition for full payment of the price under Article 5.

4.5 The Client agrees to use of the distance means of communication when concluding the Contract. The costs incurred by the Client in connection with the use of distance means of communication in connection with the conclusion of the Contract (e.g. the Internet, telephone, etc.) are in the normal amount, depending on the Client‘s tariff of the telecommunication services. These costs are covered by the Client.

5 PRICE OF FORWARDING SERVICES AND METHOD OF PAYMENT

5.1 Current prices for the delivery of Parcels under the Contract (the „Price“) are provided in the price list available in the Application. During the execution of the Order, the Application displays the total final Price, including VAT, all discounts, taxes and fees (in particular the insurance fee, fuel surcharge, and toll).

5.2 The Forwarder reserves the right to change the prices provided in the price list in the Application and make other necessary changes to the Application.

5.3 Costs associated with packaging of the parcel are not included in the Price. These costs are borne in full by the Client.

5.4 The Client shall make payment of the Price via a payment gate before handing the Parcel over for shipment. If the Client has selected to collect the Parcel by a Courier of the Forwarder, the Price may be paid in cash directly to the Forwarder‘s Courier upon handing the Parcel over for shipment.

5.5 GLS enables registered business entities to pay the Price also by using prepaid credit. Details specification of this payment method you can find in point 15 of these Business Conditions.

5.6 The invoice will be issued by the Forwarder and sent in electronic form to the e-mail address given in the Order without undue delay after payment of the price for the service.

5.7 In the event of withdrawal from the Contract or failure to complete the shipment of the parcel for reasons beyond the Forwarder‘s control, the Forwarder shall be entitled to make unilateral off setting of its receivable against the Client incurred as the cost of returning the Parcel and/or a proportion of the Forwarder‘s costs of the already executed fulfilment of the Order. The Forwarder shall inform the Client about the executed off setting without undue delay by e-mail to the address given in the Order.

6 WITHDRAWAL FROM THE CONTRACT

6.1 The Client declares that it requests (agrees) the Forwarder to commence fulfilling its obligations during the withdrawal period. Unless it is the case where the Client cannot withdraw from the Contract, the Client, if at the same time it is a Consumer, has the right to withdraw from the Contract within fourteen (14) days of its conclusion and without giving any reason by notifying the Forwarder in any of the following ways:

6.1.1 by sending a notice of withdrawal to the Forwarder via the postal service provider to the address Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to: +420 567 771 199; or

6.1.2 by completing and submitting the template for Withdrawal from the Contract available in the Application ( www.e-balik.cz); The Forwarder shall acknowledge to the Client, without undue delay, receipt of the form by e-mail to the Consumer‘s address given in the Order.

6.2 In accordance with § 1837 (1) (a) of the Civil Code, a consumer cannot withdraw from the Contract if the shipment of the Parcel has been fully executed with its prior explicit consent under Article 6.1 before expiration of the withdrawal period. In the event that the Sender withdraws its prior explicit consent under Article 6.1, the Forwarder may only start providing the service after expiry of the withdrawal period.

6.3 If a Consumer withdraws from the Contract before the Forwarder commences the service, the Forwarder shall return to the Consumer, without undue delay and no later than fourteen (14) days from the withdrawal of the Contract, the Parcel and the Price. The Consumer bears the direct costs associated with the return of the Parcel by common post and the Price. Therefore, the refunded Price will be reduced by an amount corresponding to the direct costs associated with the Return of the Parcel and the Price to the Consumer. The Parcel will be returned to the Consumer using the address given in the Order if no other return address is agreed upon. Unless otherwise agreed, the Price will be refunded to the Consumer in the same way it was paid.

6.4 If the Consumer withdraws from the Contract after the Forwarder has commenced the service based on the express request of the Consumer under Article 6.1 before expiration of the withdrawal period, it shall reimburse to the Forwarder a proportionate part of the Price for the performance provided up to the moment of withdrawal from the Contract. Provisions of Article 6.3 on return of the Parcel and Price to the Consumer shall apply mutatis mutandis.

6.5 The Forwarder may withdraw from the Contract by notifying the Client by e-mail to the address provided in the Order for the following reasons:

6.5.1 if, for reasons on the Client‘s part, the Parcel is not handed over to the Forwarder‘s Courier at the address given by the Client in the Order within two (2) attempts to collect the Shipment by the Forwarder; or

6.5.2 if the Forwarder discovers, upon receipt of the Parcel or during the shipment of the Parcel, that it is an item that is excluded from shipment pursuant to Article 7.1.

6.6 Provisions of Article 6.5 on return of the Parcel and Price to the Client shall be applied in a similar manner in the event of withdrawal by the Forwarder.

7 ITEMS EXCLUDED FROM TRANSPORT

7.1 GLS does not transport the following items that cannot be covered by a Contract:

7.1.1 items weighing more than 40 kg or exceeding a length of 2 m, height of 60 cm, width of 80 cm and a total perimeter length of 3 m; when sending from a ParcelShop items weighing more than 15 kg and exceeding a length of 1 m;

7.1.2 objects poorly packaged and/or not wrapped in accordance with the packaging customary in the industry, i.e. objects which are not wrapped and protected in a manner corresponding in particular to their weight, shape, nature of the material of which they are made, and their nature, and which do not satisfy the conditions set out in Article 7.6 of these Business Conditions;

7.1.3 bundles, shipments transported in wooden crates; parcels manifestly damaged;

7.1.4 perishable items that can be a source of infection, medical supplies and objects that smell bad;

7.1.5 human and animal remains;

7.1.6 live animals and plants;

7.1.7 parcels in improper packaging, especially wrapped in bags, pouches and loosely packed parcels;

7.1.8 things of high value, particularly cash, precious metals, valuables, securities, credit cards, drawn lottery tickets, genuine pearls, precious stones and jewellery;

7.1.9 artworks and objects with sentimental value;

7.1.10 thermally unstable objects requiring controlled temperature;

7.1.11 munitions, firearms, explosives and similar items, with the exception of consignments containing mechanical weapons for which the tightening force is less than 150 N, and therefore they do not fall under “category D” weapon within the meaning of Act No. 119/2002 Coll., on firearms and ammunition, as amended);

7.1.12 narcotic and psychotropic substances;

7.1.13 tires; rims without tires, rims with tires;

7.1.14 pressure vessels;

7.1.15 liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.;

7.1.16 mail addressed to PO Box of the Recipient;

7.1.17 excise goods in the case of export Parcels (i.e. Parcels destined for transport outside the Czech Republic), e.g. alcoholic drinks and tobacco products. For Parcels delivered abroad, the following are also excluded from transport: personal property, tires and goods accompanied by the ATA Carnet international document;

7.1.18 items listed as hazardous goods on the list according to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR – promulgated under no. 64/1987 Coll.) and the International Air Transport Association (IATA);

7.1.19 items with a value greater than CZK 20.000 and the equivalent of EUR 800 for export Parcels;

7.1.20 items and Parcels whose sending is prohibited by any applicable law or regulation (e.g. due to their content, the intended Recipient or country from/to which they are to be sent). The applicable law includes all laws, subordinate legislation (e.g. decrees, regulations or measures) under which sanctions may be imposed, as well as any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoed), including measures introduced by the United Nations, the European Union and the Member States of the European Union;

7.1.21 shipments to countries outside the European Union, i.e. all destinations subject to customs regime;

7.1.22 parcels within the European Union for the following destinations: Andorra, Ceuta, Gibraltar, Greece, Livigno, Malta, Melilla, San Marino, Cyprus, the city of Büsingen am Hochrhein (postal code D- 78266), overseas territories and all European islands except Great Britain and Ireland and islands belonging to Germany and Croatia;

7.1.23 for parcels delivered abroad, goods accompanied by the ATA Carnet international document;

7.1.24 regarding shipments transported by air, items prohibited by the European Parliament and Council (EC) Regulation no. 300/2008 on common rules in the field of civil aviation security from acts of unlawful interference and on repealing Regulation (EC) no. 2320/2002, as amended, and legal rules adopted for its implementation, i.e. especially weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardizes the security of civil aviation.

7.2 The Client is obliged to respect the above listed exclusions of items from transport and has to carry out appropriate checks of the content and packaging of Parcels before handing them over to the Forwarder. The Forwarder accepts Parcels exclusively in closed packages.

7.3 If the Client submits to the Forwarder for transport a Parcel containing items excluded from transport under Article 7.1 and 7.2 without a prior written consent by the Forwarder, the Client bears in accordance with the law full liability for damages and costs incurred by the Forwarder or third parties, including, but not limited to, the obligation to reimburse costs of the necessary measures taken to prevent any damage or to reduce risk (e.g. provision of an intermediate storage, return transportation, disposal, cleaning, handover to the carrier which is not subject to exclusion of the shipment content etc.).

7.4 GLS accepts parcels for shipment which are sealed and with intact packaging without checking their content. GLS does not check parcels in order to identify whether they violate the aforementioned prohibitions.

7.5 The Parcels excluded from transport provision do not oblige the Forwarder to accept them for transport and the Forwarder has the right (not duty) to reject these Parcels. By accepting the Parcel, the Forwarder does not divest themselves of the right to refuse the transport provision if they later gain a legitimate suspicion that the Parcel contains any goods excluded from transport provision under these Terms and Conditions. In this case, the Forwarder is entitled after letting the Client know at the Client’s own expense according to the particular circumstances and suitability either to deliver the Parcel to the Recipient, or to return it to the Client or to handle the Parcel in any other way, including its disposal as a last resort so that, if possible, any potential damage or risk are prevented.

7.6 When packaging parcels, Senders shall observe the following conditions.

  • You can only send properly closed and sealed parcels with an address label that have no long or sharp protrusions.
  • Space of the box must be filled optimally, it is necessary to ensure that the packaging material is of reasonable size and quality, and that the entire space of the box is filled so that the goods are protected from damage. The goods can never be directly in touch with the shipping card-board box.
  • goods must be packed in styrofoam or other filler material; the word "fragile" or similar warning serves only as information and does not provide protection of the goods.
  • Electronic devices sent for repair should be packed in their original packaging and complete with a suitable filler material.
  • Bottles and jars placed in the parcel should be packed in the package certified for the parcel transport. Moreover all items placed in the parcel must be protected by protective layers placed not only between each other, but also above and below each of them.
  • Goods of irregular shape, the packaging of which is difficult, must be secured against damage – wrapping by the shrink film and using another layer of wrapping material beneath.
  • Sides of cardboard boxes must be sealed with tape.
  • The address label and stickers indicating specific services must be attached to one of the largest sides of the parcel.

8 COLLECTING PARCELS FOR SHIPMENT

8.1 The Client can order handover of the parcel for shipment in the Application as follows:

8.1.1 by collecting the parcel by the Forwarder‘s courier at the place specified by the Client in the Order; or

8.1.2 handover of the Parcel for shipment at the appropriate ParcelShop office of the Forwarder.

8.2 Client must properly pack the Parcel in a suitable container to prevent its damage. The Forwarder is not obliged to examine the appropriateness of the Parcel packaging, or to implement measures to repair or upgrade the packaging. In addition to protecting the Parcel against loss or damage, packaging must also protect people and equipment used to transport shipments. Packaging must also ensure that access to the content of the Parcel is not possible without leaving clear traces on the outer packaging of the Parcel. Parcel packaging recommendations are provided in the Application.

8.3 Parcels must be provided with a shipping label. Other labels, stickers, or instructions placed on the Parcel packaging will not be considered. The shipping label must be affixed to the correct Parcel and must be affixed to one of the largest sides of the Parcel.

8.4 The Client prints the shipping label themselves using their own hardware and is responsible for its legibility, durability and efficint attachment to the Parcel. The Client bears the responsibility that the Parcel data in the Order match the data on the printed shipping label. The client bears the liability for print errors.

8.5 If the Parcel is handed over to the Forwarder‘s courier, the Client may order the Forwarder to print out and deliver the shipping label. The shipping label is printed in accordance with the information given by the Client in the Order and handed over to the Client at the moment of collection of the Parcel for transport. The Client is responsible for the correct placement of the shipping label on the Parcel.

8.6 If the Client fails to meet its obligations regarding proper packing of Parcels and a correct shipping lable placement, the Forwarder is entitled at its discretion not to accept or load the parcel, and store, secure or return it to the Client with no obligation to compensate for the damage to the Client, and the Client is obliged to compensate the Forwarder for all costs associated with these actions.

8.7 In the case of transport of Parcels to other countries of the European Union, the Client has an obligation to provide all the necessary documents for VAT exemption for transport within the European Union.

9 PARCEL DELIVERY

9.1 Shipments delivered to the Forwarder‘s Regional Depot by 17:00 on a working day are delivered as follows: delivery within the Czech Republic – usually the next working day, delivery abroad – at standard delivery times specified in the Application.

9.2 Delivery times are indicative only and are not guaranteed by the Forwarder.

9.3 The Forwarder provides its services using bulk parcel shipment. It achieves efficient and fast transportation of parcels through standardised processes. Parcels are transported as consolidated units and in depots and reloading hubs they undergo a process of industrial sorting using automatic sorting conveyors. Parcels are scanned by the courier, depot and hub in all nodal points of the transportation process, and date and time of such scanning is recorded. No additional documentation of Parcel shipping is performed.

9.4 Unless otherwise specified in the Contract, a maximum of two (2) Parcel delivery attempts will be made. If the Parcel is not delivered, the Forwarder will provide a written notice of intention to deliver the Parcel at the place of delivery. Within five (5) working days from the date of the first attempt to deliver, the Recipient can agree with the Forwarder on the date of delivery of the Parcel. Upon expiration of this period, the Parcel will be returned to the Client.

9.5 Unless agreed otherwise in the Contract, in the case of delivery to the address of a Recipient which is a legal entity, or natural person where shipment is to be delivered to the address of a legal entity, the Parcel will be delivered to the reception point of such a legal person or another point of contact with the public (e.g. receipt of goods).

9.6 Unless agreed otherwise in the Contract, where the recipient is not reached at the first attempt at delivery, the Parcel may be handed over to a person present in the home, office, headquarters or facility of the Recipient if, given the circumstances, it can be assumed that the person is authorised to receive the Parcel, especially if such a person produces authorisation or power of attorney to accept shipments intended for the Recipient, or it can be deposited in the nearest Forwarder‘s ParcelShop to be picked up by the Recipient. The Recipient confirms receipt of the Parcel by their signature on a portable electronic scanning device or a delivery note and the (digitised) signature of the Recipient serves as proof of Parcel delivery. By signing, the Recipient confirms that the Parcel was delivered properly and it meets all necessary requirements.

9.7 Where the Parcel cannot be delivered to the Recipient, or to a third party under Articles 9.4 to 9.6, and the Client refuses to take back the Parcel, even if invited to do so by the Forwarder, then the Forwarder has the right to free disposal of the Parcel in 90 days after the date the parcel was found to be undeliverable. Parcels which cannot be otherwise used can be destroyed.

10 CASH-SERVICE (COD)

10.1 If the Client included in the Order an instruction about Cash-Service (COD) under Article 3.3.6, the Forwarder will hand over the Parcel to the Recipient, or a document permitting to dispose of the Parcel, only after collecting the designated cash amount to the Forwarder.

10.2 The Forwarder will transfer without undue delay, within ten (10) days from delivery, the collected money into the account number specified by the Client in their User Account.

10.3 If the Forwarder for any reason fails to collect appropriate amount upon COD delivery, the Forwarder will inform the Client about this fact without undue delay. The uncollected COD amount does not entitle a claim against the Forwarder or cause debt of the Forwarder to the Client. The Recipient still has an obligation to make payment of this amount (debt) to the Client under the original legal relationship and the general conditions of parcel insurance do not apply to any uncollected amount of the COD amount.

10.4 In the case of uncollected COD amount, the Forwarder‘s obligation to pay compensation extends up to the service charge for collecting the COD amount. The Forwarder undertakes to provide assistance during the subsequent recovery of the COD amount.

10.5 When ordering COD delivery, the Client acknowledges that the Forwarder is a person authorized only to collect the COD amount and that the Forwarder is not entitled to act on behalf of the Client or to draw a contract with the Recipient of the COD Parcel on behalf of the Client. The Forwarder also points out that he/she is not an obliged person pursuant to § 2 Act no. 253/2008 Coll. on selected measures against legitimisation of proceeds of crime and financing of terrorism, which does not itself mean that the obliged person is not the Client. The Client is obliged to respect all duties set by the Act no. 253/2008 Coll.

11 RIGHTS OF DEFECTIVE PERFORMANCE, COMPLAINTS

11.1 Rights and obligations regarding the rights of defective performance are governed by generally binding regulations and, in particular by the provisions of § 1914 to 1925 of the Civil Code. The procedure for exercising and enforcing the consumer rights with regard to faulty performance shall be governed by the relevant generally binding legislation, particularly the provisions of the Civil Code and the Consumer Protection Act.

11.2 The Client makes a complaint about the defect by sending a written notice to the address Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to:+420 567 771 111 without undue delay after the defect could be identified. The defect can be complained about no later than six (6) months from the completion of delivery of the Parcel. First sentence of the notice shall contain identification of the Parcel which is subject to the right of defective performance, decisive facts for exercising the right of defective performance and the exercised right of defective performance.

12 CLAIMS, DAMAGES

12.1 The Forwarder is liable for damage only to the extent provided by law or an international treaty (e.g. the Convention on the Contract for the International Carriage of Goods by Road – CMR), i.e. the Forwarder is not obliged to pay compensation in the form of lost profits or other consequential damages which the Client or third parties may incur with regard to the Contract, in particular contractual penalties and fines. If the Client has not closed a supplementary insurance, the Forwarder will compensate for damages beyond the limit up to:

12.1.1 the purchase price of the item which is the subject of the Shipment;

12.1.2 current value in case of a used item;

12.1.3 auction price of the item for items acquired in an auction;

12.2 Whichever amount is the lowest in the given case, but also up to a maximum amount of CZK 6,000,- for each individual parcel.

12.3 Every single parcel transported by the Forwarder under the Contract is insured against all risks to the value of CZK 6,000,-.

13 DISPUTE SETTLEMENT

13.1 In accordance with the Law on Consumer Protection, the Client has a right to extrajudicial settlement of consumer disputes under the Contract („Consumer Dispute“).

13.2 The entity of extrajudicial settlement of Consumer Disputes in accordance with the Law on Consumer Protection is the Czech Trade Inspection or another entity authorised by the Ministry of Industry and Trade. More information can be found on the Czech Trade Inspectorate website at: www.coi.cz and the Ministry of Industry and Trade website at: www.mpo.cz.

13.3 Information on online dispute resolution. The European Commission has set up an online platform for online dispute resolution („ODR platform“). This platform serves as a point of contact for out-of-court settlement of disputes arising from a sales contract or a contract for the provision of services negotiated online. The ODR platform is available at: http://ec.europa.eu/consumers/odr.

13.4 Any disputes arising from the Contract shall be resolved exclusively by the Czech law and decided by competent courts of the Czech Republic.

14 PRIVACY POLICY

14.1 The Client understands that under the terms of Act No. 101/2000 Coll. on the personal data protection and on the amendment to some acts, as amended (hereinafter referred to as “Act on Protection of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) the Forwarder processes, collects and maintains the personal data of the Client stated in contractual documents, or obtained from other relations related to the mutual collaboration of the Client and the Forwarder, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by the Forwarder in the customer database of the Forwarder for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of the Forwarder. When providing forwarding services, the Forwarder is the Controller of personal data.

14.2 The Forwarder processes personal data exclusively for the purposes of providing forwarding and shipping or additional services (services with value added) based on the agreed forwarding contracts in the scope in which they were provided to the Forwarder based on the forwarding contracts, in particular within the following scope:

14.2.1 the name, surname, address for the purpose of Parcel delivery or returning;

14.2.2 the telephone number for the purpose of notification and providing information on the delivery status;

14.2.3 the e-mail address for the purpose of notification and providing information on the order status, confirmation of contract conclusion and business negotiation when direct marketing with goods and services offers of the Forwarder or newsletter may be sent to the provided e-mail, while the Client has an option to reject this service in every business message sent;

14.2.4 the account number for the purpose of choosing and sending COD;

14.2.5 the payment card number for the purpose of an on-line payment for parcel shipping;

14.2.6 the ID number and VAT registration number for the purpose of identification specification of the Client;

14.2.7 the IP address solely for the purpose of claims proceedings when a client rejects ordering a service or for checking of unauthorized accesses;

14.2.8 Cookies for the purpose of website transparency improvement, for signing in/out to/from a web service, for website attendance assessment.

14.3 Personal data processing is lawful when a contract is concluded between the Forwarder and a person providing the personal data, and thus personal data processing is necessary to fulfil the contract, or the necessity is given for the purposes of legitimate interests pursued by the Forwarder or a third party (the Client, the Recipient), e.g. for the purposes of litigations, complaints handling and marketing, and the necessity is further given for the compliance with legal obligations (e.g. tax and customs laws).

14.4 The Client is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Client is voluntary; nevertheless, if the personal data is not provided, the Forwarder is not able to provide forwarding and shipping services.

14.5 The Client undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Protection Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between the Forwarder and the Client, esp. in the Recipient, so that the Forwarder could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and of international penalty clauses (embargo), and further undertakes that if the Forwarder transfers personal data of Recipients or any other participants, it will only be the data which is acquired and processed in compliance with GDPR; it is accurate, is in accordance with the given purpose and limited to what is necessary in relation to the purposes for which it is processed so that the Forwarder could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Client is liable for any damage caused to the Forwarder and commits themselves to compensate all the damage caused to the Forwarder.

14.6 The Forwarder and the Client undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by the Forwarder as related to their provided services, or by the Client as related to their provided services. The Forwarder as well as the Client are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.

14.7 The Forwarder has the right to maintain the personal data for the time which the Forwarder may need for exercising any rights against third parties, or for the time which a third party, esp. the Client or the Recipient, may need to exercise their rights against the Forwarder, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations).

14.8 The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com.

15 THE CREDIT SYSTEM USAGE CONDITIONS

15.1 The Client who meets the following conditions is called the User for the purposes of the credit system. The User of the credit system is an entity that is registered in the Application and at the same time must be fulfilled the condition of being a business entity with a valid identification number.

15.2 By the credit, it is meant the sum of funds of the User within the Application provided to GLS for the purpose of paying the Price of forwarding services provided in the future.

15.3 The User credit can be topped up in the Czech currency only, by using one of the supported payment methods. The credit can be topped up in an arbitrary amount of money in the range of 500 CZK - 1000 CZK including VAT, even repeatedly. The maximum possible amount of credit balance may not exceed CZK 15,000 including VAT. The User is not entitled to transfer the credit from their account to another User's account.

15.4 GLS will issue to the User's email an electronic confirmation of the payment received and the number of credits credited to his account. GLS is entitled to deduct from the credit the value of the rewards for ordered forwarding services.

15.5 After the end of the month, the User receives a tax document – an invoice for the provided forwarding services, stating the number of shipments, and total prices after applying discounts to their e-mail with the option to download this tax document in the Application.

15.6 If the User's credit balance exceeds the set limit of CZK 15,000 including VAT, GLS reserves the right to prevent further recharging of the credit beyond this set amount, and at the same time, if such an exceeding payment occurs, GLS is entitled to return such payment to the account, from which the User remitted the payment.

15.7 The User has access to the credit balance and the overview of transactions made in their User Account, in the Application. In case of discrepancy, the User is entitled to claim the credit balance or a transaction made with GLS immediately after discovering of the discrepancy, but no later than three months after the claimed transaction was made. Upon expiration of this period, the claim expires. The user is obliged to prove the facts claimed in the complaint.

15.8 The user has the right to request GLS to return the funds provided to the credit system up to the amount of the current balance. Under the request, the User shall state the amount to be returned and the reason for the return. GLS returns the funds to the bank account, from which the credit was paid and if this is not possible to the account specified by the User. In case of any doubts on the part of GLS, GLS has the right to request an application in its determined form (e.g. written form, officially authenticated signature, etc.). GLS is entitled to charge a credit cancellation fee of CZK 500.

15.9 GLS reserves the right to block the charging or drawing of credit on the User's account, if unauthorized or unlawful manipulation of the account, access data or means of payment (e.g. payment with a stolen credit card) is suspected or if the User's obligations are breached.

15.10 User agrees that GLS is not responsible for any temporary malfunction or non-availability of the Application or domain https://e-balik.cz and is not responsible for credit handling due to insufficient security of User access data.

15.11 The User agrees that if the credit has not been exhausted for 2 years after the last change in the credit balance, the unused credit will be forfeited to GLS and the User will no longer be entitled to request a refund.

16 FINAL PROVISIONS

16.1 Contact details of the Seller: The mailing address is Průmyslová 5619/1, 586 01 Jihlava, and e-mail address is ebalik@gls-czech.com.

16.2 Business Conditions and the Contract are governed by the laws of the Czech Republic. The rights and obligations of the Parties which are not covered by these Business Conditions or the Contract are governed by generally binding legal regulations, particularly the Civil Code and the relevant international treaties in the field of transport by which the Czech Republic is bound (Convention on the Contract for the International Carriage of Goods by Road (CMR), as amended (promulgated under no. 11/1975 Coll.), Convention for the Unification of Certain Rules for International Carriage by Air, as amended (i.e. the Montreal Convention, promulgated under no. 123/2003 Coll., international contracts) and the Convention for the Unification of Certain Rules for International Carriage by Air, as amended (i.e. the Warsaw Convention, promulgated under no. 15/1935 Coll.).

16.3 Unless otherwise agreed by the Parties, the Contract is concluded for an indefinite period of time.

16.4 If any provision of the Business Conditions and/or the Contract becomes invalid or unenforceable, it shall be replaced by a provision, the meaning of which is the closest to it. Invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of the Business Conditions and/or the Contract.

16.5 Any changes or additions to the Contract or the Business Conditions require a textual form, the textual form being preserved even with the use of electronic communication means, in particular e-mail.

16.6 These Business Terms and Conditions are an updated version of the Business Terms and Conditions issued on April 5, 2016 and will become effective from January 1, 2020.