GLS Czech Republic General Business Conditions
pertaining to parcel forwarding and management via online portal www.e-balik.cz
General Logistics Systems Czech Republic, s.r.o.
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.
1.1 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.eu/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.
3.1 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”);
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: email@example.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: firstname.lastname@example.org, 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.
14.1 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 email@example.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.