Terms & conditions

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General Terms and Conditions of Engagement of General Logistics Systems Spain S.A. (“GLS Spain”)

These Terms and Conditions apply to urgent courier service contracts. It will come into force in March 2023 until its further update.

• Purpose

1.1. These Terms and Conditions (“T&Cs”) will regulate the relationship between GLS Spain and its customers. The customer will unreservedly accept these T&Cs upon purchase of any services offered by GLS Spain.

1.2. These T&Cs will apply to all activities carried out by GLS Spain, particularly the collection, shipping, storage and delivery of packages in Spain and internationally. The customer authorises GLS Spain to subcontract any services ordered by the customer. The customer accepts that these T&Cs will extend to subcontractors, collaborators, agents, brokers and workers of GLS Spain.

1.3. GLS Spain may amend these T&Cs at any time, wherever services or any other regulation so requires. The customer will be informed of any changes to the T&Cs by email or by publishing the new T&Cs on the company website, for information purposes in advance of new services being ordered. Should the customer disagree with any of the contents of the T&Cs, they must refrain from engaging any service offered by GLS Spain.

• Types of goods. Exclusions.

Broadly speaking, GLS Spain will not ship goods or merchandise whose possession, sale or transport is prohibited by law and other prevailing regulations in the country of origin, transit or destination, or where their possession or shipping are subject to any sanction due to their nature, characteristics or specific regulations governing their handling or shipping, or due to the very identity of the customer or the recipient. Laws and other legislation are understood to be any regulation in force in a given country, such as laws, regulations, rules, orders, administrative instructions, etc., setting out the imposition of penalties (fines, commercial restrictions or economic sanctions of any kind) on countries, individuals or entities, including but not limited to those imposed by the United Nations and the European Union and its member states.

Each package must fulfil certain requirements based on weight and volume in order to be shipped. Each package must fulfil the following three conditions:

• The package must not weigh more than 40 kilos in total.
• The package will be measured in centimetres in terms of width (W), height (H) and length (L). Double the width (W) and double the height (H) will be calculated. Then, the double width and double height and the length will be added. The result must not be greater than 300 centimetres.
• The package must not be greater than 200 centimetres in length, 60 centimetres in height or 80 centimetres in width.

The following are not accepted:

• Goods exceeding 5,000 euros in value per package. Exceptionally, GLS Spain will have the discretion to accept a package of a higher value.
• Items that or not packaged or packaged incorrectly according to GLS Spain’s packaging rules.
• Items that require special handling, are particularly fragile, require shipping in a special position or require storage at a certain temperature.
• Perishable products (with an expiry date).
• Live animals or plants. Human or animal remains.
• Biological samples, stored blood, organs, medicines, narcotics, injections, vaccinations, insulin, etc.
• Cash, bank notes, lottery tickets, bets or any kind of lottery tickets. Securities certificates and other documents of monetary value. Tickets for transport methods.
• Precious gems and metals, jewellery, watches and clocks, pearls, works of art, collectibles, antiques, and treated or untreated furs.
• Any kind of furniture, whether assembled or not.
• Goods whose value is dependent on their content where the loss or deterioration of which could cause great collateral damage (such as data storage devices containing confidential information, documentation, etc.).
• Packages whose contents, external form, issuance or storage is prohibited by a judicial or public authority. This includes packages whose contents are in violation of laws on the protection of intellectual property, including copies of falsified or unlicensed goods (counterfeiting).
• Monitors or televisions. Glass panes (such as screens, mirrors, glazing, etc.).
• Firearms and key parts of arms, replicas, air rifles, ammunition and other deadly weapons under sections 28 and 29 of Spanish Law 4/2015, of 30 March, on the Protection of Public Safety, as well as any item described as an arm, whether regulated, prohibited or war-related, contained in the description given in Royal Decree 137/1993, of 29 January, approving the Arms Regulations, as well as complementary regulations.
• The shipping of alcoholic beverages, tobacco and goods covered by an ATA Carnet will be subject to the fiscal restraints in place, and must be packaged appropriately by the customer. Air freight packages are additionally subject to the exclusions made in Regulation (EC) 300/2008 of 3/1/2008 and any regulation replacing and/or developing it. Under no circumstances will GLS Spain ship alcoholic beverages, tobacco or food products (perishable or otherwise) internationally.
• Hazardous goods and items (including in the European Agreement concerning the International Carriage of Dangerous Goods by Road, or “ADR”, which Spain joined on 19 October 1970, in its current wording of 2013 (Spain State Gazette 14/3/2013) or in that in force at any given time, including but not limited to items that are corrosive, flammable, explosive, poisonous, radioactive, infectious, etc.

The shipping, nationally or internationally, of personal objects whose value exceeds 200 euros will not be accepted GLS Spain accepts no responsibility for the damage or loss of packages received in contravention of the above exclusions,

except where GLS Spain gives its consent in writing. Packages that cannot be automatically classified will be accepted only by a special agreement with the express and written consent of GLS Spain.

Should the sender instruct GLS to ship packages that are excluded under these T&Cs without the advanced written approval of GLS, the sender will assume liability for the shipping of the item. The sender will be solely responsible for any damage to the package and any damage to GLS or third parties caused by packages sent that contravene any of the shipping exclusions. The sender will assume all claims, costs and expenses, including but not limited to the costs of taking the pertinent steps to remove or avoid any damage (such as warranties, temporary storage, return, removal, cleaning, etc.). However, should these T&Cs be breached, GLS will be authorised to complete the shipping and demand a general reimbursement of the costs.

Any labels or markings affixed to a package that indicate its contents will not suffice to release the sender of liability, nor will it suffice to alert GLS that a package contravenes any of the shipping exclusions. GLS will have no obligation whatsoever to offer special handling. The consent of a shipping company or its agents, or the tacit acceptance of a package does not entail GLS’ approval, which, in the shipping of excluded goods, must be express and in writing.

GLS Spain may refuse to send packages with insufficient packaging or which present a risk to the safety or integrity of other shipped items. It is the obligation of the customer to adhere to the shipping exclusions before sending the packages. GLS Spain only accepts packages that are sealed for shipping, and accepts no liability for their contents.

• Right to inspect

GLS Spain or any governmental authority, including customs, may open and inspect any package at any time. GLS Spain will inspect packages solely for the purpose of checking compliance with exclusion rules or, where necessary, that the declared contents are accurate for the purpose of special written acceptance and will be conducted always in presence or with the prior consent of the client, except in the case of unidentified merchandise (that lacks or has lost its label) which may be opened for the sole purpose of trying to determine its origin and being able to transport the package according to the instructions of the client.

• Provision of shipping service

4.1. GLS Spain, as Shipping Operator, is responsible for providing the shipping services listed below, which may be carried out by third parties. The customer authorises GLS Spain to subcontract some or all of the shipping pursuant to this document, taking into account that GLS Spain will ensure that all necessary agreements are signed with these third parties to ensure that the services are provided with the required quality and security in each case.

The services and the conditions in which they are provided are: collection, shipping and delivery at the destination address.

Packages will be delivered to the destination office within office hours, depending on the standards of the destination country and assuming a working week from Monday to Friday, with the exception of special Saturday deliveries.

Deliveries will be made to the address indicated by the customer and labelled on the package, be this a private address or to the deliveries department allocated for such purpose, and in any event according to standard norms. Deliveries will not be made to PO boxes or similar, except where expressly authorised by the recipient or according to procedure in the destination country.

Two delivery attempts (one in case of EconomyParcel or massive shipments) will be made free of charge. A delivery deadline will not be considered to have been missed when due to the absence of the recipient, change of address, unknown address, lack of contact name and telephone number for private addresses, non-payment of postal charges, advances or reimbursements, deliveries after the deadline when making a second delivery attempt, force majeure or other reasons not attributable to GLS Spain.

Packages will be delivered to recipients under the standards established by GLS Spain at any time or in accordance with the services provided by GLS Spain and ordered by the customer. For instance, upon delivery, a handwritten or electronic signature or the identification number of the recipient will be recorded either through computer devices provided to the recipient, or by quoting a code that GLS Spain provides the recipient in advance.

Except where regulations in the destination country state otherwise, should the recipient be absent and two unsuccessful delivery attempts (or one in case of EconomyParcel or massive shipments) be made, GLS Spain reserves the right to deliver the package to an alternative address provided by the
recipient (in the same building/company), at the nearest Parcel Shop GLS (PS) to the recipient’s address or through the Depot Service (where the destination country offers such a service). If a package left at PS is not collected by the recipient within 10 days, it will be returned to sender, and neither the customer nor the recipient will be entitled to any compensation.

Should the recipient ask GLS Spain in writing to deliver the packages to a different location than that initially indicated, the packages will be considered delivered when they are deposited in that location. GLS Spain reserves the right to accept the instructions of the new delivery location proposed by the recipient. GLS Spain may consider packages abandoned when 90 days have passed without it being able to deliver them, and may do with them as it pleases, including taking possession of their contents.

Proof of delivery will be provided free of charge so long as this does not represent more than 5% of the average daily packages received by a customer. GLS Spain is entitled to invoice at least 3.00 euros for each proof of delivery that passes the limit set. Any request from a customer for proof of delivery must be within 1 year of the delivery being made.

On occasions, GLS Spain uses electronic methods to obtain proof of delivery. The customer hereby agrees to accept a digital signature from the recipient and for this to be used as proof of delivery.

When issuing goods, the gross weight (goods + packaging) and volume of the package when received by GLS Spain will apply in the event of any discrepancy with the weight stated by the customer. Under no circumstances will packages registered at net weight be admitted. In the event of an incident that affects the transported goods, if the customer has indicated a weight that GLS Spain subsequently discovers is different from the actual weight, the latter will be entitled to refuse to cover the loss.

Collection of packages is confirmed in the documents provided by GLS for that purpose. The electronic transfer of information by the customer is not proof that the packages listed and included in the document have actually been delivered to GLS Spain. GLS Spain has no obligation to check the information sent digitally against the packages actually delivered by the customer, unless explicitly agreed in the contract. Should GLS Spain not inform the customer of the difference, that does not mean that the listed packages have been accepted and, particularly, does not mean confirm delivery to GLS Spain.

4.2. Online channels are offered in order to contract transport services, including a software application that makes it easier for users to choose transport services from among the different services offered by GLS.

GLS has as a payment method for the transport services, the possibility of paying by credit or debit card through our secure payment gateway. The account will be debited at the time the order is finalised and confirmation is received.

If in a contract with home pick-up the courier cannot pick up the package for reasons attributable to the client or person indicated for the delivery, said pick-up will be registered as cancelled and the sum paid will be automatically reimbursed, except for the amount of €1 per shipment to cover the travel of the courier.

4.3. The shipping rates are estimated based on the information declared by the customer. GLS Spain reserves the right to apply additional charges or surcharges according to the actual characteristics of the shipment. The charge or surcharge will be made on the valid payment method that is associated with the shipping order, following the instructions specified by each means of payment for online transactions. Rates and services may be different at physical retail locations.

• Liability

5.1. GLS Spain will be liable for loss or breakage of the goods in its possession where delivered nationally, in accordance with Spanish Law 15/2009, of 11 November, on Contracts for the Terrestrial Transport of Goods. That liability will be limited in accordance with section 57, whereby the indemnity for loss or breakdown may not exceed one third of the Spanish Public Income Indicator Multiplier (IPREM)/day per kilogram gross of lost or broken goods.

For international deliveries by road, liability will be determined by the Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road, which Spain signed on 12 September 1973. Deliveries by air will be governed by the Warsaw and Montreal Conventions.

GLS Spain accepts no liability for indirect or exceptional damage such as loss of profit, income, market, loss of image, damage cause by the inability to use the contents of the delivery or loss of business opportunity. Shipping times established in our rates do not include weekends, public holidays or national holidays in the countries of origin and destination, or delays caused by customs or events beyond the control of GLS Spain.

5.2. Customer liability. The customer will be responsible for guaranteeing that the goods sent are legal, and that it is authorised to provide GLS Spain with the identity and contact details of recipients. If, in spite of the checks carried out by GLS Spain, the customer sends an item that is illegal, faulty at origin, with defects, imperfections or with any other irregularity not declared when the services were arranged, GLS Spain assumes no liability and will cooperate with the authorities where necessary.

The customer must provide the necessary information and documents and will be liable for any damage caused by absent or incorrect documentation. Pursuant to the contractual good faith that must preside over all commercial relations, GLS Spain has no obligation to verify whether these documents or information are correct or sufficient.

The customer must ensure that the goods sent are fit for transport, and will be liable for damage and expenses of any faulty packaging.

The customer warrants that the information and documents provided to GLS Spain to facilitate shipping are accurate and correct.

5.3. Exemption of liability for technical incompatibilities or faults. GLS Spain will always act loyally and in good faith, in order to offer customers and efficient service at all times. However, GLS Spain assumes no liability in the following instances:

When the features and settings of operating systems or screens of customer computers are different, older or incompatible with the website, disabling some of its features or distorting or altering their appearance. The website is designed for use on computers and optimised for mobile

devices, tablets and other. However, the appearance and functionality may be compromised on older or incompatible devices; GLS Spain accepts no responsibility for errors or any misfiring.

When the services cannot be provided due to prolonged cuts to the electricity supply, telecommunication lines, civil unrest, strikes, rebellions, explosions, floods, acts and omissions of Government and, broadly speaking, all cases of force majeure.

When losses are occasioned due to interference, cut-outs, failures, omissions, telephone faults, delays, stoppages or disconnections in the electronic system due to shortages, power surges and errors on telecommunications lines and networks, or for any other reason beyond the control of GLS Spain. In the event of illegal intrusions caused by the use of malware such as viruses. GLS Spain has established default and bespoke security measures to avoid these intrusions, protect the privacy of all users and guarantee the successful operation of the website, but the risk will never be fully eliminated. Incidents may always arise, but users are asked to immediately report to GLS Spain any suspicion or knowledge of any such incident.

GLS Spain does not guarantee continued access or the correct display, download or use of parts of the website that may be hindered, inoperative or out of service due to factors or circumstances beyond its control. GLS Spain accepts no responsibility for the decisions that may be made as a result of limited access to content at certain times. If the website cannot be viewed correctly when a user wishes to, we recommend that they wait a few moments and try again, and if they notice a persistent error, to contact GLS Spain.

• Additional costs and expenses

In all cases, the customer must assume all expenses accrued by packages in taxes, customs duties, customs forms (DUAS), etc. GLS Spain assumes no responsibility for delays in delivering consignments due to tax and customs procedures. Should that obligation lie with the recipient, who fails to fulfil it for any reason, GLS Spain will pass on the expenses advanced, and will have no obligation to deliver the package until it has been reimbursed for those amounts. GLS Spain may destroy the package should the customer fail to settle those expenses within three months from the date on which the client was first requested. GLS Spain may pursue a claim for reimbursement of funds even after the package has been destroyed in accordance with the above. Should GLS Spain suspend the shipping or delivery of a package for any reason covered by these terms, the customer will not be entitled to reimbursement of the courier fees it has paid.

GLS Spain will charge the prices and costs agreed with the customer. Should the customer give instructions to deliver a package with to different address than that initially stated, or should they require manual handling outside standard rules or not be accepted by the conveyor belt, GLS Spain may invoice the customer according to the current price list in force.

If a package had to be returned to the customer for reasons not attributable to GLS Spain, the latter may charge the customer the return fees. Likewise, it may charge the customer for cancelling an order, at the rates agreed with the customer. Customers who do not have a credit account with GLS Spain must pay invoices issued by GLS Spain when ordering the services. Customers with a credit account with GLS Spain must pay invoices in full and without deductions within 15 days of the invoice date unless agreed otherwise, according to the conditions signed in the credit agreement, in its entirety and without deductions. The issue of debit notes is prohibited, except where the parties have agreed in writing. If an invoice remains unpaid 15 calendar days after falling due, GLS Spain will be able to suspend service without prior warning, after which the general rates will be applied for that case and subsequent orders.

If unpaid bills are returned or invoices are not paid when they fall due, GLS Spain may charge interest at the statutory rate from when the payment falls due, and may also file a judicial claim for the full amount of the invoice should the invoice remain unpaid. Any claim for invoiced amounts unpaid may be made within 15 calendar days of the invoice falling due, and will not be a reason for delayed payment.

• CashService shipments (cash on delivery)

CashService deliveries will be made on request by the customer. The customer will be responsible for preparing and recording deliveries in line with the conditions established by GLS Spain.

When the customer delivers to GLS Spain various packages on the same day for the same recipient, each delivery must be documented individually as CashService and the corresponding fee will be charged.

The cash on delivery value must be entered correctly by the customer in GLS Spain’s system. The upper limit permitted for each package will be equivalent to the maximum amount established in the legislation of each country for cash payments.

Should the recipient fail to make the cash payment on delivery, GLS Spain will not deliver the goods and the customer will be responsible for paying the shipping price. The CashService package must be paid for by the recipient upon delivery, without prejudice to the legal requirements in force in each country regarding the upper limit on cash payments.

CashService is offered to the customer on the basis and understanding that GLS Spain will act only as the customer’s collection agent and that GLS Spain has no power whatsoever to bind the customer or to enter into an agreement with the recipient of the package on behalf of the customer. The customer must fulfil the specific anti-money laundering obligations required by legislation and regulations in force.

• Coverage for losses

Standard coverage. If the customer has not purchased any kind of shipping insurance, GLS Spain may only guarantee the indemnity established in the haulier liability rules contained in the Terrestrial Transport Contract Law for any kind of loss and based on the circumstances provided for in those rules, and the provisions of the CMR for international shipments, in accordance with the provisions of section 5 above. This standard coverage will apply when shipping used goods, for Pick&ReturnService and Pick&ShipService and for packages that the customer has authorised for delivery at delivery points (authorised depots, Parcel Shop or through Deposit authorization (where the destination country offers such a service).

Enhanced coverage. GLS Spain may offer enhanced coverage to that provided for in the Terrestrial Transport Contract Law or at the CMR for certain goods and under certain conditions, which, in any case, will require advanced agreement and purchasing by the customer.

For international shipments, this additional coverage will be a maximum of 750 euros per shipment.

In any event, a sworn declaration by the customer stating that the goods for which a claim is made were not previously insured will be required in order to make a claim.

Reserves. The recipient must declare its reserves in writing or ensure that they are recorded on the delivery note, describing any damage upon delivery. In the event of undeclared breakages or losses, GLS Spain must be informed within 7 calendar days following delivery for national deliveries, and 7 days not counting Sunday and public holidays for international deliveries.

• Claims

The maximum term for any claim against GLS with additional coverage will be 30 days from the expected date of delivery, excluding shipments with non-manifest damages, mentioned in the previous paragraph. In the event that there is a claim based on these Terms and Conditions, the customer may not withhold payment for the contracted services, even partially, and must make the payments on the website and within the deadlines agreed. Consequently, GLS does not accept the compensation of pending invoices with the balance of litigious claims or on which there is no agreement between the parties. It is expressly accepted by the customer that the interest foreseen by the Commercial Delinquency Law will accrue in the event of unilateral compensation of credits.

The maximum term will be 1 year from the expected date of delivery, for shipments without additional coverage except in the event that the claim arises from a negligence and wilful misconduct or a conscious and voluntary breach of the legal duty assumed by GLS Spain, in which case, the maximum term will be two years.

• Indemnity for loss

In order for indemnity for loss to be paid, in the case of shipments with additional coverage, the following information must be provided to GLS Spain: if the customer is a manufacturer, a copy of the proof of product’s manufacturing cost or, failing the above, a copy of the sales invoice to the customer. In this case, the amount considered in the payment of the indemnity will be the indicated manufacturing cost excluding taxes and service charges. If that cost is not given, the sum will be calculated by subtracting 25% from the sale price. If the customer is not a manufacturer, a copy of the purchase invoice from its supplier for the whole delivery or, failing the former, a copy of the sale invoice to its customer, in which case will be subtracted 25% of the sale price.

In the case of damage to the transported goods, GLS Spain may request to examine the package. If it is determined that the whole package will be paid for, the merchandise must be sent to GLS Spain and GLS Spain will take definitive possession and ownership of it.

Packages without suitable packaging or that do not adhere to the GLS Spain procedures will not be covered by GLS Spain. Likewise, GLS Spain’s coverage does not include damage to packaging.

Any agreement that differs from the provisions made above must be recorded in the Transport Services Agreement, which will prevail of these T&Cs.

• Intellectual and industrial property

The customer acknowledges and accepts that all content displayed on the website, particularly designs, texts, images, logos, icons, buttons, software, trading names, trademarks or any other signs or images susceptible to industrial or commercial use, are subject to intellectual and industrial property rights, the exclusive property of GLS Spain and/or third parties. The customer will not reproduce, copy, distribute, make available or otherwise publicly disseminate, transform or modify such content, and will hold GLS Spain harmless from any claim resulting from the breach of such obligations. Under no circumstances will access to the website entail any kind of waiver, transfer, licence or partial or total assignment of those rights, unless expressly stated otherwise.

Should the customer discover or suspect that any content of the website infringes the intellectual and industrial property rights of GLS Spain or third parties, it must immediately inform us in order that we verify and, where appropriate, removed that content. GLS Spain will act in accordance with its internal policy in respect of claims relating to the infringement of intellectual and industrial property rights committed on its website. GLS Spain owns the elements forming part of the website graphic design, menus, browsing buttons, HTML code, texts, images, graphics and any other content, or otherwise has the corresponding authorisation to use those elements. The content shown on the website may not be reproduced in full or in part, or transferred or registered by any backup system in any form or on any medium, except with the advanced authorisation of GLS Spain in writing. Likewise, the customer will respect the rights stated and will avoid any action that may endanger them. In any event, GLS Spain reserves the right to pursue any measures or legal actions available to it in defence of its legitimate intellectual and industrial property rights.

Customers are forbidden from:

a) Deleting, ignoring or manipulating copyright, as well as technical protection devices or any reporting mechanisms that may be included in the content.

b) Unauthorised or fraudulent use of content for unlawful purposes or effects, forbidden in these T&Cs, harmful to third-party rights and interests or that in any way may damage, disable, overload, impair or prevent the normal use of the services or documents, files and all content stored on any computer.

c) Accessing or attempting to access restricted resources or areas on the platform if the conditions for access have not been met.

d) Causing damage to the physical or logical systems of the platform, its providers or third parties.

e) Introducing or spreading a virus or any other physical or logical systems that could harm the physical or logical systems of GLS Spain, its providers or third parties.

f) Attempting to access, use and/or manipulate GLS Spain’s data.

g) Reproducing, copying, distributing, making available to another person or disclosing publicly, transforming or changing content, unless the holder of the corresponding rights has given their authorisation or where it is permitted by law.

h) Deleting, concealing or manipulating notes on intellectual and industrial property rights and other identifying information of the rights of GLS Spain or third parties included in content, as well as technical protection devices or any other reporting mechanisms that may be included in content.

For instance, the customer will not transfer, disseminate or disclose to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, generally, any kind of material that:

a) in any way is contrary to, undermines or threatens the fundamental public rights and liberties recognised in the constitution, international treaties and other prevailing legislation;

b) induces, incites or promotes unlawful, denigrating, defamatory or violent actions or generally those against the law, morality, generally accepted good practice or public order;

c) induces, incites or promotes discriminatory actions, attitudes or thoughts in terms of sex, race, religion, credence, age or condition;

d) includes, makes available or enables access to products, elements, messages or services that are illegal, violent, offensive, hazardous, degrading or, in general, against the law, morality, generally accepted good practice or public order;

e) can or does lead to an unacceptable state of anxiety or fear;

f) induces or incites involvement in dangerous, risky or harmful practices for health and psychological balance;

g) is protected by law in terms of GLS Spain’s intellectual or industrial property or that of third parties in case of unauthorised use;

h) is contrary to the honour, personal and family privacy or image of persons.

If the customer negligently breaches any of the obligations established in these T&Cs, it will be liable for any damages payable to GLS Spain and affected third parties as a result of such breach.

• Cancellation

The customer may request the cancellation of their data by sending an email to: protecciondatos@gls-spain.com.

The cancellation request will not be processed if the customer has not met its financial obligations; i.e. the customer must have settled all outstanding payments with GLS Spain before cancelling the contract. GLS Spain must store certain information for the statutory periods, which may be 5 or 10 years according to anti-money laundering regulations. At the end of the statutory periods, their data will be destroyed.

• Contract term and cancellation

Pursuant to the Spanish Act on Terrestrial Transport Contracts, ongoing shipping contracts with a defined term will expire at the end of such term, unless they are extended or renewed. If no term is agreed, they will be understood to be indefinite.

Contracts agreed for an indefinite term will end when so requested by either party in good faith, in writing or by any means providing proof of receipt, with a reasonable notice period of at least 30 calendar days.

GLS Spain may end the contract early, with no prior notice, in the event of any of the following circumstances:

a) Breach of these T&Cs. In such cases, GLS will inform the customer of termination.

b) The customer has committed a substantial breach of its obligations described in these T&Cs, such as payment.

c) The customer has breached any law, regulation or third-party right that applies.

d) By order or request by the security forces or courts, or a governmental organisation to public authorities.

e) Provision by the customer of inaccurate, fraudulent, obsolete or incomplete information.

14. Dispute resolution. Applicable law and jurisdiction

These T&Cs will be governed by Spanish law. Any dispute will be settled by the Spanish courts and tribunals.

GLS Spain expressly rejects that any controversy related to the interpretation, application or execution of this contract to be submitted to any Transport Claim-Arbitration Boards.

Should any clause be rendered unenforceable or void by applicable legislation or as a result of a judicial or administrative ruling, the remaining clauses will remain fully in force.

General Logistics Systems S.A. | C/Ingeniero Torres Quevedo, 1 28022, Madrid (Spain) | NIF A61441523

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General Terms and Conditions of General Logistics Systems Spain S.A. (GLS) for occasional customers

1 March 2023 – Effective until further notice. The most recent version is available at www.gls-spain.es.

1. Application

1.1 These Terms and Conditions (T&Cs) apply to all activities carried out by GLS in relation to customers of Parcel Shop, particularly in the ordering, handling, processing, storage and all activities relating to the shipping of packages in Spain and the countries belonging to the GLS international network, using its own or third-party vehicles. The contents of the Guidelines for Occasional Senders also apply.

In addition, the provisions of https://www.gls-spain.es/en/sending-parcels/customer-information/ shall apply.

1.2 If in a specific instance the mandatory regulations, such as Spanish Law 16/1987 of 30 July on Terrestrial Transportation, Spanish Law 15/2009 of 11 November on the Contract for the Terrestrial Transport of Goods or any other provision state otherwise or, in the case of cross-border transportation, the Convention on the Contract for the International Carriage of Goods by Road, the Montreal Convention or the Warsaw Convention, each in its current version, contradict these T&Cs, those regulations will prevail over these T&Cs. However, in terms of the non-mandatory provisions, these T&Cs will prevail. Where these T&Cs do not contain regulations, the provisions of Spanish legislation will apply and, ultimately, the provisions of the Spanish Civil Code.

2. Scope

2.1. GLS’ responsibility will end once the package is delivered at the location indicated by the addressee or, otherwise, the location that applies in section 2.5.3 of this document. The instructions given by the addressee will be followed only where given in writing and accepted by GLS or given in a consignment note in accordance with section 10 of Spanish Law 15/2009 of 11 November on the Contract for the Terrestrial Transport of Goods. The haulier’s right of disposition will be considered ended once the package has been delivered at the Parcel Shop. The right of disposition while the package has not yet been delivered will be in accordance with sections 29 and 30 of Spanish Law 15/2009 of 11 November on the Contract for the Terrestrial Transport of Goods. GLS will refuse any new instructions unless an original consignment note is presented containing the new instructions or unless GLS is reimburse for the expenses and damage occasioned by following those instructions. Execution of the new instructions must not require the dividing of the package nor may it compromise the normal pursuit of GLS’ activity or be detrimental to hauliers or recipients of other packages as. If that should occur, GLS will inform that the new instructions cannot be fulfilled, while leaving the original instructions unchanged.

2.2 The collection or receipt of packages at Parcel Shop will be recorded with the delivery of the delivery notes provided by GLS.

2.3 Packages that arrive at the despatch office before 5 p.m. will normally be delivered in mainland Spain the next working day (Monday to Friday), although GLS cannot guarantee the precise delivery time.

2.3.1 GLS will make a maximum of two delivery attempts (one in case of EconomyParcel shipments).

2.3.2 Deliveries to commercial recipients can be made to the deliveries departments allocated to that end. Deliveries to PO boxes or similar addresses are not permitted.

2.3.3 Except where regulations in the destination country state otherwise, should the recipient be absent and two unsuccessful delivery attempts (one in case of EconomyParcel shipments) be made, GLS Spain reserves the right to deliver the package to an alternative address provided by the recipient (in the same building/company), at the nearest GLS Parcel Shop (PS) to the recipient’s address or through Deposit authorization (where the destination country offers such a service). If a package left at PS is not collected by the recipient within 7 days for international shipping), it will be returned to sender, and neither the customer nor the recipient will be entitled to any compensation.

2.3.4 When a package is delivered, the person receiving it will confirm receipt on the devices provided to that end and, in certain cases, on the delivery list.

The sender expressly accepts the information provided by them and collected in the electronic device as proof of delivery.

2.3.5 If the recipient gives GLS permission to leave packages in a location it designates, they will be considered delivered when left in that location.

2.4 GLS will not be responsible for meeting estimated delivery times when delays occur due to by events beyond its control.

2.5 If the packages could not be delivered in the manner envisaged in clauses 2.3.1 to 2.3.5, whether to the recipient or to any other person named in clause 2.3.3, or could not be delivered to a GLS Parcel Shop, and could not be returned to the sender due to the sender being unknown or because they refuse to accept it, GLS will have the right to consider such packages abandoned after 90 days have passed without being able to deliver them, and may do with them as it deems fit, including taking ownership of their contents.

2.6 Payment will be made by credit or debit card on secure payment pages. Payment will be taken when the order is confirmed.

3. Types of goods. Exclusions.

Broadly speaking, GLS Spain will not ship goods or merchandise whose possession, sale or transport is prohibited by law and other prevailing regulations in the country of origin, transit or destination, or where their possession or shipping are subject to any sanction due to their nature, characteristics or specific regulations governing their handling or shipping, or due to the very identity of the customer or the recipient. Laws and other legislation are understood to be any regulation in force in a given country, such as laws, regulations, rules, orders, administrative instructions, etc., setting out the imposition of penalties (fines, commercial restrictions or economic sanctions of any kind) on countries, individuals or entities, including but not limited to those imposed by the United Nations and the European Union and its member states.

3.1 The following will not be accepted:

• Packages weighing more than 30 kg. The sum of the three dimensions of the package (height, width, length) must not be greater than 150 cm.
• Items that are not packaged or packaged incorrectly according to GLS’ packaging rules (www.gls-spain.es).
• Items that require special handling, are particularly fragile, require shipping in a special position or require storage at a certain temperature.
• Hazardous goods and items (including in the European Agreement concerning the International Carriage of Dangerous Goods by Road, or “ADR”, which Spain joined on 19 October 1970, in its current wording of 2013 (Spain State Gazette 14/3/2013) or in that in force at any given time, including but not limited to items that are corrosive, flammable, explosive, poisonous, radioactive, infectious, etc.
• Perishable products with an expiry date.
• Live animals or plants. Human or animal remains.
• Biological samples, stored blood, organs, medicines, narcotics, injections, vaccinations, insulin, etc.
• Cash, bank notes, lottery tickets, bets or any kind of lottery tickets. Securities certificates and other documents of monetary value. Tickets for transport methods.
• Electronic or computer materials. Monitors or televisions. Glass panes (such as screens, mirrors, glazing, etc.).
• Precious gems and metals, jewellery, watches and clocks, pearls, works of art, collectibles, antiques, and treated or untreated furs.
• Goods whose value is dependent on their content where the loss or deterioration of which could cause great collateral damage (such as data storage devices containing confidential information, documentation, etc.).
• Packages whose contents, external form, issuance or storage is prohibited by a judicial or public authority. This includes packages whose contents are in violation of laws on the protection of intellectual property, including copies of falsified or unlicensed goods (counterfeiting).
• Firearms and key parts of arms, replicas, air rifles, ammunition and other deadly weapons under sections 28 and 29 of Spanish Law 4/2015, of 30 March, on the Protection of Public Safety, as well as any item described as an arm, whether regulated, prohibited or war-related, contained in the description given in Royal Decree 137/1993, of 29 January, approving the Arms Regulations, as well as complementary regulations.
• The shipping of alcoholic beverages, tobacco and goods covered by an ATA Carnet will be subject to the fiscal restraints in place, and must be packaged appropriately by the customer. Air freight packages are additionally subject to the exclusions made in Regulation (EC) 300/2008 of 3/1/2008 and any regulation replacing and/or developing it. Under no circumstances will GLS Spain ship alcoholic beverages, tobacco or food products (perishable or otherwise) internationally.
• Calling cards, pre-paid mobile phone cards or mobile phones.
• Air freight packages are additionally subject to the exclusions made in Regulation (EC) 300/2008 of 3/1/2008 and its applicable regulations.
• The shipping of personal objects worth more than 200 euros nationally or internationally will not be accepted.
• CashService packages (cash on delivery).
• Packages to the following destinations:
• EU non-member states such as Switzerland, Norway, etc.
• EU areas not subject to Value Added Tax (for instance, Canary Islands, Channel Islands) and countries with their own customs jurisdiction (for instance, Gibraltar, San Marino and Andorra).
• Countries that GLS covers by air such as Cyprus, Greece, Malta and Turkey.

In any event, the rules of section 6 will apply in terms of GLS’ liability limitation for losses or damage to shipped packages.

3.2. It is the obligation of the sender to adhere to the shipping exclusions before sending the packages. GLS only accepts packages that are sealed for shipping, and accepts no responsibility for their contents. GLS may open and check packages should it suspect them to be subject to any of the exclusions or exceptional situations permitted by law. However, should GLS not open a package to inspect it, and instead trust the conduct of the sender in accordance with good faith presiding over any contract, pursuant to section 1,258 of the Spanish Civil Code, it accepts no responsibility in the event of any damage to third parties or its own goods, with the sender being responsible should its sending of packages that are in breach of the exclusions breach contractual good faith.

3.3. Should the sender instruct GLS to ship packages that are excluded under clauses 3.1 to 3.3 without the advanced written approval of GLS, the sender will assume responsibility for shipping the item. The sender will be solely responsible for any damage to the package and any damage to GLS or third parties caused by packages sent that contravene any of the shipping exclusions. The sender will assume all claims, costs and expenses, including but not limited to the costs of take the pertinent steps to remove or avoid any damage (such as warranties, temporary storage, return, removal, cleaning, etc.). However, in the event of breach of clause 3.2, GLS will be authorised to complete the shipping and demand reimbursement of costs, unless the sender provides proof of costs being less than the amount claimed.

3.4 Any labels or markings affixed to a package that indicate its contents under clauses 3.1 – 3.3 will not suffice to release the sends of responsibility, specifically due to the service description given in clause 2.1 and the automation entailed, nor will it suffice to alert GLS that a package contravenes any of the shipping exclusions. GLS will have no obligation whatsoever to offer special handling. The consent of a shipping company or its agents, or the tacit acceptance of a package does not entail GLS’ approval, which, in the shipping of excluded goods, must be express and in writing.

4. Sender’s obligations

4.1 The sender will be responsible for guaranteeing that the goods sent are legal, and that it is authorised to provide GLS with the identity and contact details of recipients. If, in spite of the checks carried out by GLS, the customer sends an item that is illegal, faulty at origin, with defects, imperfections or with any other irregularity not declared when the services were arranged, GLS assumes no liability and will cooperate with the authorities where necessary.

Each package must include or have attached the documents duly completed by the sender and approved by GLS. The sender will assume the consequences of any error in those documents. When the package is delivered to GLS, the sender will ensure that it is in good condition and that the label is affixed to the longest side, and that it is easily visible and complies with the rules established by GLS. Used labels and addresses and any other old markings must be removed. These rules are available at www.gls-spain.es.

4.2 Should the sender not meet its obligations under clause 4.1, GLS will have the discretion to unload, store, insure or return the package with no need to indemnify the sender, which will assume all the costs and expenses of such action. For shipping to other EU countries, the sender must guarantee that all documentation needed for VAT exemption in intra-Community shipping is duly completed.

4.3 The sender will be responsible for guaranteeing sufficient exterior and interior packaging that is appropriate for the means of transport, correctly identifying the details of the sender and the recipient on the outside of the package. Therefore, the packaging must, on the one hand, guarantee that the goods are well protected from loss or damage and that, on the other hand, the persons transporting it and the other packages being shipped are not exposed to risk. The packaging must be such that the inside of the package cannot be accessed without leaving clear signs on the outside of the package. We recommend consulting the Sending Guide for
Occasional Senders available at:: https://www.gls-spain.es/en/sending-parcels/
customer-information/).

5. Shipping fees and reimbursement of expenses

The Parcel Shop price list that is valid on the day on which the order is made will apply. Shipping fees must be paid upon dispatch of the package.

6. Liability, insurance and indemnity

6.1 GLS will be liable for losses and damage occasioned by packages shipped nationally that are in its possession up to one third of the Public Income Indicator Multiplier (IPREM) per kilo of gross weight of the losses or damaged goods. For packages shipped internationally, the indemnity cap will be aligned with the Convention on the Contract for the International Carriage of Goods by Road and may not exceed 8.33 units of account per kilo of gross weight of the lost or damages goods (the unit of account is set by the International Monetary Fund)

6.2 GLS accepts no liability for indirect or exceptional damage such as loss of profit, income, market, loss of image, damage cause by the inability to use the contents of the delivery or loss of business opportunity.

6.3 Shipping times established in our rates do not include weekends, public holidays or national holidays in the countries of origin and destination, or delays caused by customs or events out of the control of GLS.

7. Exclusion of other claims from the sender

The submission to GLS of fines that the sender is obliged to pay to third parties is excluded.

8. Severability/Jurisdiction/Arbitration

8.1 Should any of these T&Cs become invalid or unenforceable, the remaining contents will remain unchanged.

8.2 The parties, waiving any other jurisdiction that may apply to them and as permitted by procedural laws, expressly refer to the jurisdiction of the courts of the city of Madrid.

8.3. GLS does not agree to submit any dispute that may arise between the parties regarding the interpretation or fulfilment of these clauses to private arbitration, including before the Provincial Transport Boards. Customers are considered to understand this refusal of arbitration by sending a parcel with GLS.

Status: March 2023

This text is an adaptation of the GLS General Terms and Conditions of Engagement, solely for the convenience. In the event of litigation resulting from these T&Cs, the version in Spanish of the GLS General Terms and Conditions will be the only binding text, and we recommend that you read and understand them (www.gls-spain.es).