Terms and conditions
All shipments entrusted to companies licensed to use the GLS brand name will be subject to these terms and conditions.
Licensees, hereinafter referred to simply as “Company” or “Companies”, shall not be considered under obligation to any agreements that alter the conditions mentioned below, unless the agreements are drawn up in writing and signed by a legal representative of the company. These general contractual terms and conditions supersede and cancel any previous agreements.
2. Performance of its mandate
The company reserves the right to carry out the service covered by the contract of carriage at its sole discretion and pursuant to the conditions below, also using third-party carriers.
3. Goods that may not be transported
The goods and shipments listed below are excluded from carriage by GLS:
- Gold, precious stones or other valuable items
- Works of art (with a declared value of more than 130 euros)
- Gold or silver medals
- Paper money
- Notes payable to the bearer
- Jewellery in general
- Negotiable securities
- Narcotic, psychoactive, psychotropic substances in general, even if the concentrations of the active substance make them legal
- Shipments to be delivered for the attention of certain people (unless previously agreed)
- Shipments that require special care (such as plants or flowers, for example)
- Corpses or human remains
- Animals or insects (dead or alive)
- Shipments of inflammable or dangerous material, or material that could damage other shipments or that require special administrative authorisation (ADR, Health Authorisation etc.) for transport
- Shipments that have not been packed in a suitable way or that have been packed badly
- Shipments of arms, munitions or weapons parts
- Shipments not accompanied by the necessary documents
- Monopoly items
- Food products and/or medicinal and pharmaceutical products: the only products accepted are non-perishable food products and/or medicinal and pharmaceutical products that have been properly packed and packaged in accordance with legal requirements, with the exception of those that transported and/or stored at a controlled temperature.
- Shipments containing goods with a value of more than EUR 5,000.
- GLS also excludes from transport goods or packages that are forbidden by legal provisions to be sent, due to, by way of example, their content, their recipient, or the country to or from which they are to be sent. Legal provisions mean any law, regulation or measure that places bans (including commercial or economic bans) on countries, individuals or organisations, including but not limited to those imposed by the United Nations, the European Union and by the member states of the European Union. The company in any case reserves the right to accept packages it receives for transport depending on their mass and volume, and the legal requirements concerning manual handling of such items must be complied with. Non-acceptance of goods that do not comply with the abovementioned criteria does not imply any responsibility for the company as regards the customer. Special transport conditions must be agreed with company legal representatives. The company is not obliged to inspect loads to check if the goods contained are among those excluded in this article. The company nonetheless reserves the right to inspect loads, including without warning, and it will have the right to refuse to transport goods even when they have already been forwarded.
4. Collection and delivery methods
The company may verify, using any means, whether items they have been given to transport have been packed incorrectly, even in the absence of stipulations formulated by the carrier at the time of collection. Collections and deliveries are understood to mean on the ground floor at the house number of the sender or recipient, accessible to normal means of transport, with the exception of provisions for international deliveries. Collections and deliveries to locations above the ground floor or locations that differ from the usual ones will be considered to be accessory and supplementary services to the normal contract of carriage and as such will be agreed and charged according to agreements the parties have made and taking into account the scale of the service. Unless agreed otherwise charges should be decided at the time of departure and charged to the sender. The company may use electronic devices to provide proof of delivery and the sender agrees not to make objections to the company that it does not provide written proof of delivery, for the sole fact that the relative information, including the signature of the recipient, is held and stored on an electronic device and not on paper.
5. Large goods
Regardless of the actual weight of goods, large goods that weigh less than 300 kg per cubic metre will be charged according to a weight/volume ratio, unless specifically agreed otherwise.
6. Fragile goods
Fragile goods travel at the sender's risk. The companies’ acceptance of such goods does not imply acceptance of responsibility in the case of damage and/or breakage.
7. Undelivered items
Goods that cannot be redelivered to the recipient for any reason not attributable to the carrier, as well as goods requiring instructions from the sender, will be held, on payment of a sum to be agreed when determining delivery rate conditions; any instruction to release undelivered goods will only be effective if made in writing. Any redelivery of goods will be subject to all fees, as they are considered a new shipment.
8. Sending correspondence
All sending of correspondence must respect the requirements of legislation protecting the postal reserve on behalf of the postal service provider, including any franking according to the weight of the parcel. Any sanctions imposed on the company or deriving from non-compliance with the above, will be charged to the sender, and/or the owner of the goods, and/or their agents who committed the violation. The company does not accept strict terms of delivery for the shipment of documents for the purpose of taking part in an auction, tenders, and anything else that requires the sending of goods within a certain date, failing which, entitlement lapses. As of now the sender exempts the company from any liability for damages caused by the late delivery of such documents.
9. Declarations of the sender
The sender or anyone who enters into a transport contract with the company undertakes to declare the contents of the shipment and to release the company from any responsibility concerning the untruthfulness of such indications and/or the mistaken and/or untruthful completing of the transport documents accompanying the goods. The sender also undertakes to reimburse any outstanding expenses, fines and/or damage caused to the company by mistaken and/or incomplete and/or untruthful indication of the conditions of the shipment itself. The customer also undertakes to declare the value of goods for the purpose of adopting precautions relating to the particular nature of the shipment as well as consequent adjustments to tariffs. In any case the carrier letter does not constitute proof against the company about the status, the volume, the weight and the kind of goods. To this end the company may request that the goods be checked in the presence of the assignee. The right to inspect the goods at the request of the competent authority is not affected. The assignee acknowledges that the carrier does not possess the transport documents, which travel inside the parcels transported. Notes made on tracking labels and/or drivers’ notes provided by the carrier are understood to be made on transport documents, also for the purposes of delivering goods. The company may in any case check at any time the indications provided by the sender about the nature of the goods, labelling, packaging and related documents, even for goods already accepted or delivered.
10. Repayment of expenses
The sender, the owner, the recipient and/or their agent are jointly and severally responsible for the repayment of any fine, expenses or damages the company receives due to the shipments that they have entrusted to the company.
11. Declarations of value
The sender, only as far as the goods for which they intend to ask stipulation of insurance cover on their behalf are concerned, undertakes to declare the value of the goods. The amount of cash on delivery does not indicate or substitute the declaration of the value of the goods.
12. Insurance cover
If the sender intends to ask the company to stipulate an insurance contract on behalf of the assignee to cover the entire value of the goods, they must do so at the time of delivery. In this case the company will find an insurance company at its own discretion, and will have the right to act as the policy contracting party. The company has the right to repayment of the insurance premium and expenses incurred, as well as payment of any agreed additional charges. Any form of advance from the company for anything owed by the insurance company due to the policy is excluded. The indication of the value to be insured by the sender is equivalent to a declaration of the value of the goods, it being understood that the insurer has the right to ascertain the effective value of the goods themselves. The sender, or anyone acting on their behalf, recognises that in the case of accident/loss, a percentage excess will be applied on refundable damages with a non-indemnifiable minimum charged to the sender without the right to recourse to the carrier, in accordance with the provisions of the conditions applied by the Insurance Companies, which may be applied on request. Liability and damages limits must be agreed with company staff. The sender cannot request any damages, unless they have provided every document requested by the insurance company and they have shown their right over the goods.
13. Late delivery of goods
The company is not bound by urgent deadlines for redelivery and is not responsible in any case for damage caused by the late delivery of goods. In no cases will exceptions be made to the above when the company accepts goods, parcels or documents on which the expressions “mandatory” or “urgent” or other equivalent expressions have been used directly on the outer packaging or on the consignment form of such goods. Exceptions to the above may only be effectively agreed in writing with the company’s management. In this case, the responsibility of the company for late deliveries will never be over the compensation limits described in article 18) of these general conditions. In any case the company will not be considered to have not complied if acts or events out of the control of the company occur, including incomplete or erroneous information provided for the delivery; if the recipient cannot be found or refuses to accept the delivery; force majeure, such as, including but not limited to, acts of public authorities performing their duties, riots, strikes or other trade union disputes, acts of piracy, weather events, etc.
14. Payment of freight
All shipments entrusted to the company are considered carriage paid, unless expressly stated as being “carriage unpaid” on the transport document or on the consignment form from the sender. In the latter case the company will not redeliver the goods unless carriage is paid by the recipient. If the recipient does not pay, the company may ask the sender to pay for return expenses. The sender must also communicate in writing the instructions necessary to forward the shipment, and the right to apply storage costs and other expenses incurred is not affected.
15. Mandate for cash on delivery
No cash on delivery will be validly accepted unless a special written notice is made to the company. In any case the amount of cash on delivery must be indicated together with the writing “COD” in clear numbers and words and in suitably sized characters so that they can be recognised by an ordinarily diligent carrier. If this is not the case, cash on delivery cannot be collected. The obligation of collection of cash on delivery will be fulfilled by the company both with the collection of cash and with the receiving of cashier’s cheques that are non-transferable and made out to the sender. If cheques other than cashier’s cheques are authorised to be collected, the obligation is understood to be fulfilled with the collection of bank and/or postal cheques. The company undertakes, if cash on delivery is not collected, to do all it can to collect it and the sender undertakes to cede entitlement to credit from the recipient to the company.
16. Complaints to the carrier
All rights to compensation for any damage the goods suffer are cancelled if they are made in writing after the deadline provided for in applicable laws for the specific transport for damage that is not immediately recognisable. For immediately noticeable damage when the goods are redelivered, the rights are cancelled if a written stipulation is not immediately made to the person responsible for delivery.
17. Renunciation of compensation
The customer rejects as of now, in accordance with art.1246 of the Italian Civil Code, objections or opposition for compensation for amounts which, in any shape or form, they may owe the company, with amounts owed by the company to the client.
18. Liability for damages and limitations of compensation
The company is considered freed from all and any liability when the goods have been made available to the recipient. “Made available” means goods that the recipient and/or people present in their home have been advised of orally; or when written notice is left in their absence. The sender agrees that the total compensation due from the carrier, in terms of contractual and/or extra-contractual liability in case of loss and/or accident of the goods they have received may not exceed the limit set by the applicable laws and in particular, by way of example, but not limited to, those in article 1696 of the Italian Civil Code, law 1 March 2005, no. 32 and legislative decree no. 286/2005. Any request for damages from the company will be understood to be invalid when the delivery is made to the recipient if no signed written reservations are received, or, in the case of not immediately noticeable damage, if written notice is not provided to the company within the legal deadline. Goods mentioned in article 3 are excluded from any kind of compensation. In accordance with art. 1694 of the Italian Civil Code, theft, robbery and exploding tyres are considered to be unintentional accidents.
19. Termination of the contract
The company has the right to terminate the contract, unless services are in the process of being performed, if the indications provided by the customer do not comply with the provisions of civil and/or penal and/or administrative laws. To do so, all the company has to do is simply declare the contract terminated. The company is also entitled to terminate the contract at any time with 15 days’ written notice if the customer does not pay the freight due as per the agreed terms.
20. Right of retention and lien
To cover all credits dependent on assignments entrusted to it, even if they have already been carried out, the company will have the right of retention of anything in its possession, both goods and cash on delivery, and will have lien over them in accordance with articles 2761 and 2756 of the Italian Civil Code.
If the company owes any credit in any form to the sender, it will have the right to pay off its debt via compensation with the amounts received as cash on delivery.
22. Responsibility of the sender
The sender is responsible for damage to other goods, and to animals, persons or things, caused, directly or indirectly, by the goods given to the carrier for transport.
23. Late payment
From the day after the deadline agreed for payment, the sender undertakes to pay the company interest in arrears on the sums owed, at the single reference rate of interest plus 7 points, in accordance with art. 5 of Legislative Decree 231/2002, as well as expenses for credit recovery, in accordance with art. 6 of Legislative Decree 231/2002. The customer will also be charged other sums deriving from breaches, such as, for example, bank charges for return payment orders. If even one invoice, or fraction of an invoice where permitted, is not paid, this will result in the forfeiture of the benefit of the agreed deadline for any other invoices, with all the legal consequences this implies, as well as the application of interest on arrears for the amount mentioned above, starting from the issue date of the invoice, without the need for notice. The sums paid by the sender will be ascribed in accordance with art. 1194 of the Italian Civil Code.
24. Reference to other regulations
Anything not covered by these general terms and conditions is subject to the "General Conditions of Carriage" of the Federazione Nazionale Corrieri (National Federation of Couriers) for national goods transport services, filed at all the CCIAAs on 12.6.1992, as subsequently amended.
Any dispute concerning this contract shall be the exclusive jurisdiction of the registered office of the GLS licensee company at which the contract was signed.
26. Platform ODR
Online Dispute Resolution: for online shipment requests made by private citizen
The EU commission has set up an online platform for the online-resolution of disputes ("ODR-platform"). This platform serves as a contact point for extrajudicial resolutions of disputes concerning contractual obligations, arising from online sales or services agreements.
Customers can reach the ODR-platform under the following link: http://ec.europa.eu/consumers/odr .
The email address to be entered for the transmission of the complaint is ODR@gls-italy.com . In order to allow the management of the position must be entered the tracking number in the item description of the procedure.
EVERY OFFICE IS INDEPENDENTLY OWNED AND MANAGED