GLS CZ General Terms and Conditions
General Terms and Conditions Pertaining to Parcel Forwarding and Management General Logistics Systems Czech Republic, s.r.o. for Entrepreneurs
Průmyslová 5619/1
CZ-58601 Jihlava
Hereinafter referred to as: GLS
These General Terms and 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, under which GLS undertakes to ensure forwarding of parcels and the Principal undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Terms and Conditions regulate in a binding way the relations established between GLS and the Principal on ensuring forwarding of parcels. The Principal declares that it acquainted with the content of the General Terms and Conditions prior to the conclusion of the Parcel Forwarding Contract and that it agrees with them and accepts them without reserve. By agreement of the Parties, it is possible to derogate from any provisions of the General Terms and Conditions. These General Terms and Conditions shall be adequately applied also to the basic Contracts of Carriage concluded before the effect of the General Terms and Conditions provided that
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 Terms and Conditions mention the Forwarder, this shall be understood as a forwarding agent;
c) should these General Terms and Conditions mention the Principal, this shall be understood as a purchaser of shipment;
d) should these General Terms and Conditions mention the Parcel Forwarding Contract, this shall be understood as a contract of carriage.
1. Introduction, concepts definition
1.1 GLS provides integrated domestic and export parcel forwarding and express forwarding services to business entities, institutions and corporations. These Principals generally act as legal persons, or natural persons undertaking pursuant to the Trades Licensing Act and conclude the framework Parcel Forwarding Contracts with GLS in respect of the use of such services, and pay remuneration for the service periodically, paying of such is settled retrospectively, based on the volume of services provided.
1.2 GLS shall be entitled to refuse the conclusion of the Parcel Forwarding Contract or to suspend the performance thereto for whatever reason, even without giving any reason.
1.3 GLS only forwards carriage-paid-to parcels, i.e. the Principal in all cases pay remuneration for the provision of forwarding services.
1.4 These General Terms and Conditions define the rights and duties undertaken by GLS and the Principal in order that GLS may perform forwarding of parcels at an appropriate standard of quality.
1.5 GLS in all cases provides delivery from the Principal directly to the Consignee (door-to-door) and operates communication devices and an organizational apparatus enabling Principals to obtain answers to all inquiries they may have in relation to parcel delivery, either by phone, via email or via the internet.
1.6 Although the GLS product partly comprises an intermediated service (based on a subcontractor performance), the GLS technology ensures that parcels can be tracked and traced throughout the entire process.
1.7 Definition of terms used in the General Terms and Conditions: Forwarder – trading company General Logistics Systems Czech Republic, s.r.o. Company registration Number 26087961, with its registered office at Průmyslová 5619/1,586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Part C, Insert 66184 (hereinafter referred to as GLS only).
Principal – a natural or legal person acting as an entrepreneur which has concluded a Forwarding Contract with GLS or another contract related to shipment of goods, also by registering and setting up a User Account in the Application www.e-balik.cz as a natural or legal person acting as an entrepreneur. Consignor – an entity designated on the consignment as the “Consignor”.
Consignee – an entity, designated on the consignment as the “Consignee”, which is to accept the consignment.
Consignment (Parcel) – a thing accepted by GLS for the provision of a service under the
Forwarding Contract or another contract related to shipment of things concluded between the Principal and GLS, supplied with a GLS parcel label.
Export Parcel – a thing accepted by GLS for the provision of a service under the Forwarding Contract or another contract related to shipment of things concluded between the Principal and GLS, supplied with the GLS parcel label, where the address of the place of delivery is outside the Czech Republic.
Parcel Label – a label containing a GLS bar code and placed on the upper and the biggest side of the parcel that is used to identify the Consignor, Consignee, and address to deliver the parcel to.
Parcel Forwarding Contract – a contract concluded between GLS and the Principal in writing or in another form based on the provisions of Section 2471 et. seq. of Act No. 89/2012 Coll., Civil Code. Alternatively, by registering and setting up a User Account in the Application www.e-balik.cz. IOD – information on delivery of the consignment provided in electronically or verbally. POD – written confirmation of consignment delivery.
Rollkarte – a list used by GLS, issued according to numbers of consignments in which the Consignee confirms receiving the consignment.
Scanner – an electronic device used to record data during shipment of parcels, including the Consignee’s electronic confirmation of the consignment delivery.
GLS Network – members of the GLS General Logistics Systems at a specific time.
Dispensing Place – the external partner point identified as a GLS ParcelShop or technical device where consignments are dispensed upon the proof of authorization to pick it up.
Offer – a GLS proposal specifying all price terms and conditions, including the amount of the remuneration and the price of each forwarding service. By concluding the Forwarding Contract (see 3.1.) the Principal accepts the Offer and agrees to pay for the provision for forwarding services.
Parcel dispatch system – GLS software, application or online GLS portal used for generating a unique parcel code, printing a parcel label and transferring the required data from the Principal to GLS.
Own parcel dispatch system – a system used for generating a parcel label and transferring the required data not established and supplied by GLS.
Own parcel label – it is a parcel label which is generated by the Principal‘s own system and by own resources on the part of the Principal, or the Consignor. The label shall meet the requirements for the right shape, locating of obligatory information and a correct format of the bar code.
1.8 GLS operates a Customer Service for the Principals at its headquarters, which is open from 7 a.m. to 6 p.m. on business days and provides information, upon parcel reference numbers, on parcel delivery (IOD), sends proof of delivery (POD) to the Principal upon request, and handles any complaints related to consignment delivery.
1.9 GLS also operates an independent Customer Service for the Consignees open from 7 a.m. 6 p.m. A Consignee which calls the number +420 840 123 456 or +420 567 771 111 is supplied information on their parcel upon the parcel reference number. The Customer Service contacts: Phone: +420 567 771 111 Fax: +420 567 771 199 Email: info@gls-czech.com
1.10 Information on the delivery status of consignments is also available at the GLS website www.gls-czech.cz in the main menu, no earlier than the subsequent business day following its receiving, after entering the parcel reference number.
2. Inquiries, complaints management
The Principal or its representative may make enquiries at the Customer Service upon the parcel number and may request the parcel information specified herein: information on delivery (IOD), as well as a delivery certificate (proof of delivery, POD). The parcel information (IOD) of parcels dispatched within the recent 3 months is provided immediately, and the delivery certificate (POD) of consignments dispatched within the recent 3 months is sent within 4 hours. The parcel information is, then, kept to be available for another year minimum; however making it available extends to 3 business days.
2.1 All complaints regarding loss or damage of parcels received by the Customer Service Dpt shall be passed for investigation and handling to the Complaints Department of GLS. Complaints shall be made in writing.
2.2 In the case of a complaint, the Customer Service Dpt receives it, ensures its investigation and undertaking relevant corrective measures, and informs the complainant accordingly upon.
2.3 The Customer Service and Complaints Departments settle all the claims and complaints in writing within the shortest possible time, but not later than within 30 days from the date the complaint is made.
2.4 The complaints are registered and the causes of the errors, if any, are eliminated in accordance with the stipulations of the ISO 9001 quality management system.
3. Purpose and geographical validity of the GLS General Terms and Conditions
3.1 GLS provides the parcel-forwarding service solely upon a valid and effective Parcel Forwarding Contract. The contract may be concluded in a usual form – in writing, electronically in the www.e-balik.cz Application, or alternatively also orally or implicitly after receiving the Offer and in accordance with the content of the Offer. However, in all cases the prerequisite for the contract validity is that the Principal owns a required number of parcel tickets, issued by GLS for shipping the consignments, or the Principal prints the parcel labells and forwarding information on their own in accordance with the GLS system regulations, and uses these labels whenever consignments are dispatched.
3.2 These General Terms and Conditions shall be valid for all the activities of GLS, including primarily for undertaking of integrated parcel-forwarding tasks, collection, loading, unloading, handling and reloading of consignments, temporary storage of consignments in the case of failed delivery as well as for administration of export parcel forwarding within countries belonging to the GLS Network.
3.3 These General Terms and Conditions shall apply exclusively to transport-related tasks covered by contracts concluded with GLS, and therefore they shall not apply to import shipment of consignments in the case the Principal concludes a contract with another member of the GLS Network in accordance with the General Contractual Conditions of the foreign partner.
3.4 The products and services provided by GLS:
a) a domestic integrated parcel delivery service, delivery usually on the day following the collection, provision of information regarding the transit time,
b) integrated export parcel delivery to EU member states and to Norway and Switzerland, in collaboration with the GLS Network,
c) import of parcels sent by members of the GLS Network to the Czech Republic from the above-mentioned countries, customs clearance of the parcels in accordance with the Consignee’s instructions, and parcel delivery.
3.4.1 Domestic integrated parcel forwarding: In accordance with the request of the Consignor, GLS performs parcel pick-up at the location specified by the Principal and parcel delivery keeping them constantly under surveillance from pick-up to final delivery. The Consignor can also keep track of the parcel as well as any information related to the parcel, and the proof of delivery is retrievable at any time (within a delimited period). In the event of an address change, GLS also undertakes to clarify the address and to deliver the consignment to the new address. The service also includes the second delivery attempt following the first unsuccessful one, and – in the event of an address change – the delivery of the parcel to the new address, or, at the Consignee’s instruction, to the original address at a different time.
BusinessParcel: A fast and efficient door-to-door consignment delivery service. Within the Czech Republic, GLS delivers the parcels collected at any town or village during business hours (between 8 a.m. and 5 p.m.) on the business day after the pick-up day. The second delivery attempt is free of charge.
ExpressParcel: Delivery of urgent consignments within the required deadline, no later than by 12:00 on the next business day after pick-up. Only available in certain towns; a list of these towns is available on the GLS website. In the event of a delay due to reasons attributable to the service provider, the transport charge and twice the surcharge charged for the service shall be credited to the Principal as fixed-amount compensation.
BusinessSmallParcel and ExpressSmallParcel: Special handling for parcels under 3 kg: separate sorting, carriage in special GLS bags, simple procedure for designating consignments as “small parcels” using a GLS template.
3.4.2 Export Consignment Shipment (international integrated consignment forwarding service): Consignments are delivered by foreign contracted partners to GLS. GLS, however, ensures that a consignment remains under the surveillance of GLS from its collection to delivery; and that the information related to parcels as well as the related proof of delivery can be retrieved at any time by the customer (within a delimited period). The transit time of export parcels (excluding customs clearance, it is the time from pick-up until the parcel arrives at the depot of the target country to have customs clearance performed) varies according to the target destination, from 1 to 5 working days following pick-up. The time required for customs clearance varies according to the local regulations, and the related charges are borne by the Principal or the Consignee. If in the case of Export Parcel Forwarding the Principal or the Consignee fail to meet payment obligations, GLS shall not have the obligation to deliver the parcel directly to the Consignee and GLS shall have the right to charge the costs emerged provably in connection with customs clearance to the Principal. In the event of an address change, GLS undertakes to clarify the address and to perform delivery to it. The service includes the second delivery attempt in case of unsuccessful first delivery.
EuroBusinessParcel and EuroBusinessSmallParcel: Reliable, quick and efficient road consignment forwarding from the Consignor directly to the Consignee (door-to-door) with convenient delivery times in 41 European countries.
3.4.3 Value-added services available to domestic Principals for special prices: (These services may only be ordered through GLS Parcel Dispatch System.)
Guaranteed24Service: Guaranteed next-day delivery – with this service GLS undertakes to ensure consignment delivery within the Czech Republic on the working day following pick-up, with guarantee of compensation in case of failure to meet this deadline due to GLS fault.
Pick&ReturnService: Pick-up and return – GLS, on the instructions of its contracted partner, collects the parcel at a specified location and delivers it to the Principal anywhere in the Czech Republic. The Consignor is responsible for parcel labelling at the loading location.
Pick&ShipService: Pick-up and shipping – GLS, on the instructions of its contractual partner, collects the parcel at a specified location and delivers it to any specified address in the Czech Republic. The Consignor is responsible for parcel labelling at the loading location.
CashService: Cash-on-delivery – The settlement and bank-transfer of the cash taken upon delivery to the bank account of the Principal performs automatically at least once a week; the surcharge for the service includes the cost of the bank transfer in the particular country. A service fee is also charged in the event of an unsuccessful attempt to deliver the parcel. In the case of an export parcel, with the exception of Slovakia, the Principal must have a current account in the domestic currency (a EUR account kept in Slovenia, a HUF account kept in Hungary, a RON account kept in Romania and a HRK account in Croatia) in order to be allowed to use the service in these respective countries.
ExchangeService: Parcel exchange – GLS picks up an exchange parcel upon the delivery of parcels for which the service has been ordered.
FlexDeliveryService: Flexible delivery – the service offers 5 optional solutions and 3 delivery attempts for flexible delivery and at the same time it ensures continuous information to the Principal via e-mail. The first message contains the information that the consignment will be delivered on the following business day, information on the Consignor and/or the COD amount to be collected. The second message sent on the delivery day contains an anticipated delivery time interval, the contact GLS phone number. The Addressee themselves may decide about the second and third attempt to deliver via an internet application.
AddresseeOnlyService: Confidential consignments – When ordering this service, the Consignor can specify a person to receive the parcel. Delivery of the parcel takes place upon presentation of the identity card or the passport. The number of the identity card or the passport is indicated on the Rollkarte form.
DeclaredValueInsuranceService: Declared-value insurance which may be arranged on a one-off basis for individual parcels. The service may be ordered by filling a request form up via Customer Service, or on-line via the GLS Parcel Dispatch System (on-line only up to CZK 100,000).
AddOnInsuranceService: In addition to the automatically provided insurance coverage, additional flat-fee insurance can be ordered for all types of parcels. The price for the additional insurance is subject to individual agreement.
ThinkGreenService: This is a service of CO2 neutral transport. By ordering this service, the Consignor contributes to projects of greenery planting that compensates CO2 emissions caused by the shipment of the given consignment.
ShopDeliveryService: Consignment delivery for personal collection directly to the GLS ParcelShop selected already when ordering of the transport. ShopReturnService: Possibility of goods returning free of charge to the Consignor via any GLS ParcelShop upon a pre-printed parcel label.
GuaranteedHomeDeliveryService: Comfortable delivery exclusively to a chosen address of the Consignee in the Czech Republic with guaranteed compensation in case of service failure resulting from GLS fault.
4. Consignments, labels, packaging, addressing, sealing
4.1 Careful and adequate packaging of goods ensures that the dispatched consignment is capable of mechanical consignment handling, loading and efficient public-road transportation, enabling the goods to be delivered to the respective address without damage. GLS only assumes responsibility for properly packaged consignments equipped with a proper parcel label.
4.2 In the GLS system, consignments are processed by means of industrial technology. Consignments which may not be processed by means of the usual technology used in parcel forwarding may not be accepted for shipment.
4.3 For packaging, the Principal shall be obliged to meet the following requirements:
a) Only properly sealed consignments with a parcel label are allowed be shipped.
b) Parcels are not allowed to have long, sharp protrusions.
c) Box space must be utilized optimally; the appropriate size and quality of the packaging material and filling out the entire package to protect the goods from damage must be assured. The inner filling of sufficient thickness must protect the goods around the whole circumference. The goods are never allowed to be in direct touch with the shipping cardboard box.
d) Fragile goods must be packaged in Styrofoam or another padding material; the “fragile”, “this side up”, or similar inscription only serves as information and does not guarantee protection of the goods.
e) Electronic devices sent for repair should be shipped in their original, complete packaging, with appropriate padding.
f) Bottles and jars placed in consignments must be packed in the package certified for the parcel transport. Irregular-shaped goods difficult to package must be protected from damage with shrink-wrapping under which another layer of packaging material shall be used.
g) Cardboard boxes must be sealed on the sides with adhesive tape with the Consignor’s company logo displayed, if possible.
h) Boxes tied together in a bundle shall be excluded from the transport. Bundles may disintegrate and only the parcel unit identified with a label will arrive at the destination point.
i) The parcel label, transparent self-adhesive packaging containing a consignment note, and labels denoting special services must be attached to the largest side of the consignment.
j) If multiple consignment is dispatched to the same address, labels indicating the use of special services must be attached to each of the parcels.
k) If the CashService (cash on delivery) is ordered, the total amount to be collected must be sent electronically and in the manner specified by GLS before the commencement of shipment (no later than by the arrival of the GLS driver) in a manner determined by GLS. If CashService (cash on delivery) is not ordered by the Princicpal in the above specified way, or if it is not ordered in compliance with the concluded Forwarding Contract, these General Terms and Conditions or other GLS instructions, particularly if contrary to the GLS Offer it is ordered to a country where GLS Czech Republic does not provide this service, it will not be considered. Using a standard GLS label, this service information must be provided on the parcel itself. The standard GLS label shall always indicate the amount to be collected which must correspond to the value of each part of the consignment. In the case of an incorrect or unclear order, GLS will try to contact the Principal to clarify the data.
l) Hazardous goods are not allowed to be shipped even if they are labelled as such.
4.4 GLS considers important to prevent damage and therefore it offers free advice to its Principals through its web pages or Customer Service on how to proceed in packaging. A “Fragile” label or other similar signs shall in no way exempt the Consignor from the obligation to package the goods appropriately according to their nature. Such label does not protect the goods!
5. Collection of parcels
5.1 Consignments are collected exclusively from the Principal‘s premises registered in the GLS system. The Principals are allowed – based on a separate written consent of GLS – also to ship their parcels provided with parcel and transport labels at the GLS parcel hub, sorting plant, regional depot or GLS ParcelShop. The receipt of these consignments is carried out at prearranged times and the Principal is obliged to unload the consignments on a belt conveyor or other designated place.
5.2 A request for another collection point shall be submitted by the Principal in writing to GLS for approval.
5.3 When picking up the consignments for shipment, the GLS driver does not check the adequacy of parcels, but he/she may refuse to accept those consignments that are clearly inadequate. The pickup of the consignment does not constitute approval of any exception to the valid provisions of these General Terms and Conditions.
5.4 Consignments for shipment are accepted either by the respective driver or a parcel depot employee against an Acknowledgement of Receipt which serves only to confirm the quantity of parcels accepted for transport. The itemised registration and weighing of consignments takes place, in accordance with the provisions of the contract, at a GLS Depot or at the central GLS parcel sorting centre.
5.5 The Principal may use the following options for the documentation of shipped parcels:
a) Electronically generated list of the consignments from the GLS Parcel Dispatch System,
b) Copy of the shipment label,
c) Mini sticker with the parcel number (self-adhesive, 2 copies detachable from the consignment note).
5.6 GLS undertakes to perform billing with the Principal based on the number of shipped parcels. In case of doubt, item-by-item reconciliations can exceptionally be carried out based on the Principal‘s parcel-number records. If agreed between the parties so in the Contract, GLS may also provide consignment data via the computer system.
5.7 If the Principal, without a prior consent of GLS, significantly exceeds the agreed or usually dispatched quantity, weight, or volume of dispatched parcels, GLS has the right to accept the above-limit consignments only after concluding an amendment to the Forwarding Contract.
6. Delivery
6.1 Upon delivery, the carefully packaged and legibly addressed consignment is handed over to the Consignee by the delivery driver. When the driver arrives at the destination to deliver the parcel, he may not be kept waiting; if he is kept waiting, the delivery process may be broken off.
6.2 Parcels are handed over upon signing the receipt by the Consignee, or by other persons who, under the given circumstances, can be assumed to be authorized to take delivery of the consignment. These include, primarily, the persons present in the premises of the Consignee and, for parcels sent to a private address, the persons present at the address. For registered parcels, the Consignee must provide a letter of authorisation. By giving his/her signature the Consignee confirms that the consignment has been delivered properly and it meets all prescribed requirements.
6.3 In the case of delivery of a registered parcel, i.e. “AddresseeOnlyService”, the Consignee is the person designated by the Consignor. This person must provide documents to prove his/her identity. In this case, in addition to the Consignee‘s signature, the number and type of the document presented by the Consignee to prove their identity must also be indicated.
6.4 In the case of the CashService (if such has been ordered), delivery shall only take place after the cash on delivery amount due has been paid and the Addressee shall confirm the receipt of the consignment with their signature. The Consignee shall not open the parcel before performing these actions. The Consignee can pay the COD amount with a payment card or in cash. In case of the COD payment with a payment card, the Principal will be charged extra surcharge in accordance with the currently valid price list.
6.5 If required by the Principal, a standard consignment can be delivered via a dispensing point. Takeover is authorized by the identity card or by the unique password sent by GLS to the Consignee via e-mail or SMS. In such a case there will be no other delivery attempt to the original address.
6.6 During the process of sending consignments, GLS will consider as valid only such instructions it receives from the Principal.
7. Weight and size restrictions
7.1 The Principal may ship consignments weighing up to 40 kg per a consignment. The circumference of the consignment (i.e. 2x height + 2x width + 1x length) shall not exceed 3 m, and the maximum permitted consignment dimensions are: length 2 m, height 0.6 m, width 0.8 m. For a small business parcel (BusinessSmallParcels), the maximum parcel weight is 3 kg and the length is 40 cm. The parcel must be capable of passing through a triangular template for small consignments (approx. 5 x 30 cm).
7.2 Each parcel is weighed by GLS automatically, in accordance with the provisions of the contract, when the parcel arrives at the regional collection depot or the central sorting centre, using electronic calibrated scales. The measured weight is attached to the parcel number and automatically registered. The measured weight data serves as the basic data for the automatic invoicing process.
7.3 Within the GLS system, parcels exceeding the weight of 40 kg or the specified size limits shall not be shipped. GLS shall be entitled to send any consignments which cannot be forwarded due to the above reasons by means of another carrier that undertakes the shipment of such consignments, and to charge any related costs to the Principal. The General Terms and Conditions shall not apply to such consignments, and the declared delivery time shall not be valid in these cases.
7.4 Consignments delivered via a Dispensing Place can have the weight 10 kg max and dimensions: length 1 m, height 0.6 m, width 0.8 m.
8. Objects excluded from the scope of GLS services
8.1 The parcels or items listed below will not be transported by GLS (consignments or goods excluded from providing shipment):
a) goods packaged inadequately and/or not in the standard forms of packaging customary in this industry, i.e. goods which are not packaged and protected in a manner corresponding namely to their weight, shape, character, material they are made of and to their nature,
b) consignments which are clearly overweight or oversized; If GLS accepts such a consignment for the provision of the shipment, it stipulates the right to charge a surcharge for an oversized consignment in addition to the price of freight forwarding services,
c) tied consignments, consignments shipped in wooden crates, consignments obviously damaged,
d) perishable goods, infectious or malodorous goods,
e) human or animal remains,
f) livestock and plants,
g) consignments in sacks, bags, or loose-packaged consignments,
h) cash, precious metals, genuine pearls, precious stones, jewelry, works of art, antiques, stamps and other valuables
i) objects and documents convertible for cash, services or goods, e.g. payment cards, token money, tickets, lots, lottery tickets, securities, including shares, cheques, bills of exchange
j) consignments containing personal identity documents and other IDs or documents, e.g. business documents, documents containing sensitive data etc. objects with sentimental value, unreplaceable objects as well as objects with low value whose loss or damage would however recall high harm,
k) temperature-controlled goods,
l) munitions, 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 under Act No. 119/2002 Coll., on firearms and ammunition, as amended),
m) consignments addressed to the Consignee’s post-office box,
n) in the case of international consignments of goods subjected to consumption tax, for example alcoholic drinks and tobacco products,
o) movables listed in the ADR Convention (international transport of hazardous goods on public roads) or IATA Convention (air transport of hazardous goods) as hazardous goods. In case of any questions or concerns, please contact customer service to obtain the current text of these conventions,
p) vehicle tires motor vehicles (except motorbikes) and lorries without exception, q) rims with and without tires,
r) car batteries,
s) pressure vessels,
t) liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.,
u) goods the value of which exceeds CZK 100,000 or equivalent of EUR 5,000 in the case of export parcels; but if the shipment was ordered via the Application www.e-balik.cz, goods with the value of more than CZK 20,000, or the equivalent of EUR 800 in the case of export parcels.
v) goods or consignments the shipment of which is prohibited under all and any applicable laws (e.g. due to their content, intended consignee, or the country to or from which they are to be sent). Applicable laws include all laws, sub-statutory legal norms or measures (such as ordinances, regulations or measures) which can be used to impose a sanction, any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoes) including measures established by the United Nations, the European Union and the Member States of the European Union.
8.2 If the Principal, or a person authorized by them, passes a parcel containing goods excluded from providing carriage to GLS for shipment without an expressed written consent by GLS, the Forwarding Contract is not concluded, and GLS bears no liability for any damage caused in relation to handing over and delivery of the parcel which is excluded from providing shipment. In such a case, the Principal is obliged to pay to GLS all costs connected and all damage caused to GLS.
8.3 GLS is not obliged to accept parcels which are excluded from providing shipment and has the right (not obligation) to reject these parcels. By accepting a consignment to carriage, GLS does not waive the right to refuse providing shipment if it later obtains reasonable suspicion that the parcel contains objects excluded from providing carriage under these General Terms and Conditions, or under legal regulations or terms and conditions of GLS contractual partners. In such a case, GLS shall be entitled, at the Principal´s costs, after it has informed the Principal, either to deliver the Parcel to the Consignee, or return it to the Principal, or handle the Parcel in a different manner, including its disposal in the last resort case, based on concrete circumstances and suitability so that the occurrence of potential damage or risk is prevented, if possible. The Principal shall be informed about the manner of settlement. If GLS incurs additional costs, the Principal is obliged to pay them.
8.4 In the case of parcels with foreign destination, personal belongings, goods subjected to consumption tax, as well as goods accompanied by an ATA Carnet document are also refused from shipment.
9. Services
9.1 GLS provides services as a carrier agent, and for fulfilling freight-forwarding tasks it uses services of individual carriers whose activities it monitors and guaranteed throughout the entire process and the quality of which it guarantees. Activities performed by the above-mentioned carriers appear in the invoice as mediated services which, due to the nature of such services, are not stated independently.
9.2 GLS accepts consignments for shipment which are sealed and intact, without checking their content, and has them forwarded to Addressees as such, i.e. sealed and without their content being checked.
9.3 In the event of any visible damage to the consignment or the packaging, GLS allows the Consignee to check the content of the parcel upon delivery, and the result of such an inspection is recorded by the delivering driver in a report assembled together with the Consignee. A record on damage is no exercise of the claim for damage.
9.4 Scope, characteristics and conditions of the service:
9.4.1. Services compose of: acceptance of consignments handed over at a GLS Depot, in a parcel sorting centre or at the site designated by the Principal, collection and shipment of parcels to the Consignee, solely carriage paid to. GLS primarily executes the instructions of the Principal, and undertakes to ship the parcel, costs of which are borne by the Principal.
9.4.2. Parcels are released against a signature of the Consignee or of any other person who, depending on circumstances, could be considered as authorized to receive the consignment. These include, primarily, the persons present in the premises of the Consignee and, in the case of registered consignments, only the Consignee or those in possession of the appropriate letter of authorisation. In the case of delivery via a Dispensing Place, delivery is concluded after presenting of the identity card or by entering the specified password.
9.4.3. Consignments handed over to GLS at the pick-up point by 5 p.m. will be delivered within the Czech Republic on the next working day (“24-hour” does not refer to the precise transit time, but only means the next working day). The Principal may also send ExpressParcels (morning deliveries) to locations specified in the list provided by GLS (deliveries performed by 12 a.m. the next working day), under the terms of the contract. In the case of export consignments, the transit time is between 1 and 5 working days (indicative data only), which may be extended by the time required for customs clearance.
9.4.4. If the first delivery attempt is unsuccessful, the second delivery attempt is included in the service. If the first delivery attempt fails due to an incorrect address or other circumstances which can be corrected by the Principal, GLS will call upon the Principal to make the correction. If the second (third with the FlexDeliveryService) attempt is also unsuccessful, the consignment will be returned to the Consignor. Any undeliverable parcels are stored by GLS for up to 5 working days (or for up to 10 working days if the Consignee has indicated being on holiday), after which the parcels are returned to the Consignor, without any separate notification. If the Consignee refuses to accept the parcel, or if the Principal requires transport to be cancelled, the second delivery attempt is not performed, and the parcel is automatically returned to the Consignor.
9.4.5. Information on delivery (IOD) of shipped parcels shall be provided by GLS to the Principal from the morning of the working day following pick-up, either by phone or through the web-based Track&Trace system on the official GLS website. The Principal may request a written proof of delivery (POD) which is free of charge for up to 5 % of the average daily number of parcels consigned by the Principal. GLS is entitled to charge a reasonable document-completion fee if this is justified by the excessive demands for delivery-related certificates. The countersigned consignment note (“Rollkarte POD”) or the acknowledged and signed electronic or scanned receipt replacing it shall qualify as appropriate proof of delivery.
9.4.6. CashService, that is the collection of cash on delivery, is provided in the event of the Principal‘s timely completed order sent via an electronic channel and confirmed by GLS or based on an order recorded in accordance with the provisions and sent by the specified deadline in the GLS Consignment Dispatch System, and only to the countries in which GLS Czech Republic Offers this service. Then GLS is fully responsible for the collection of cash on delivery (upon the proof of delivery or cash receipt). CashService cannot be added subsequently, be cancelled or the COD amount cannot be changed. Any failure to collect the COD amount, however, shall not result in the creation of a debt on the part of GLS towards the Principal, and the Consignee shall continue to be liable for payment of this amount within the framework of the original legal relationship, and the usual insurance conditions shall not cover any uncollected COD amounts. In the case of any uncollected COD amounts, the liability of GLS shall extend to the limit of the collection service fee. In addition to this, GLS shall be obliged to cooperate in the subsequent collection. If collection of the COD amount fails due to reasons demonstrably attributable to the willful misconduct or negligent business conduct of GLS, a damage claim in this respect may be raised in accordance with the Civil Code. The amount to be collected per one parcel may not exceed CZK 60,000 (sixty thousand CZK); however if the shipment was ordered via the Application www.e-balik.cz, the cash on delivery amount per consignment may be maximum CZK 20,000 via the Application www.e-balik.cz.
9.4.7. When ordering the CashService, the Principal acknowledges that GLS is an entity responsible only for collecting the amount and that GLS is not authorised to act on behalf of the Principal or to conclude any contract with the Consignee on behalf of the Principal. In addition, GLS points out that it is not a liable entity under Section 2 of Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism; which does not mean that the Principal is not this liable entity. The Principal is obliged to follow all the obligations stipulated by Act No. 253/2008 Coll.
10. Parcel forwarding fee, reimbursement of costs
10.1 GLS and the Principal shall, under the Parcel Forwarding Contract and any amendments thereto, agree upon the prices (the contract is also to be deemed concluded if the Offer has been accepted either verbally or in writing, or if consuming of the service has commenced). The prices are based on a volume weight assumption of 1m3 = min. 300 kg.
10.2 The payment of returned goods, redirected parcels and goods of unusual sizes from the Principal are settled in accordance with the currently valid price list.
10.3 In cases of parcels shipped to non-EU countries, GLS only undertakes to provide export parcel forwarding with DDU or DDP rules.
10.4 Special customs clearance orders are performed by GLS exclusively on the basis of a prior agreement!
10.5 In case of export parcels, the Principal is obliged to conclude duly an agreement upon bearing of costs with the Consignee on which costs shall be borne by which party. The Principal is obliged to submit the related order to GLS in compliance with such an agreement.
10.6 For shipment of export parcels, the Principal undertakes to acquaint themselves with applicable legislation of the destination country and is responsible for accuracy of the specified delivery rule. If, based on the given delivery rule, the foreign Consignee is obliged to pay customs fees, taxes, costs and expenses, and the Consignee fails to meet these requirements, the GLS’s obligation to deliver the parcel directly to the Consignee ceases and the shipment is considered to be performed upon its delivery to the customs warehouse or a similar place according to the target destination. If GLS incurred any costs caused by the Consignee or due to breach of the Principal‘s obligations specified in this paragraph, the Principal is obliged to pay all such costs incurred to GLS, even if the parcel has not been delivered directly to the Principal.
10.7 The Principal acknowledges that even if the consignment is exempted from taxes and customs duty, this does not mean that there may not arise customs clearance fees or other costs and expenses in relation to customs proceedings or other similar proceedings. The Principal shall be obliged to pay all expenses to GLS which GLS as a forwarder had to pay for the foreign Consignee or the Principal.
10.8 In case that in connection with the CashService COD amount is paid via payment card, the Principal undertakes to pay additional costs for the executed cashless payment under the current price Offer, and this amount will be invoiced to the Principal together with the other services.
10.9 GLS has the right to react to the current price development of fuels and to charge fuel surcharge. The price shall also include so-called toll surcharge the amount of which is set upon the current toll rates in the given calendar year. The number of surcharges and the method of their calculation are part of the current Offer as of the day of its processing and they are available at www.gls-czech.com. However, the fuel surcharge and toll surcharge amounts are updated every month according to the price development. In the event of any discrepancy between the data provided in the Offer and at www.gls-czech.com, the information provided on the website shall apply unless the parties agree otherwise.
10.10 GLS has the right to modify the Offer unilaterally in the case of Principal‘s long-term deviation from the consignment parameters which gave the platform for the Offer calculation, or if it is justified by significant changes in the operating, overhead and other costs on the side of GLS. If the Offer is modified, GLS is obliged to notify the Principal of such modification at least ten calendar days prior to the entry of such modification into force. If the Principal notifies GLS in writing or via e-mail of their disagreement no later than one business day before the effective date of the proposed changes, or if the Principal orders parcel shipment after the effective date of the proposed changes, it is considered as the Principal‘s agreement with the proposed modifications or amendments.
10.11 GLS reserves the right to change the prices specified in the price list of the Application www.e-balik.cz and to make other necessary changes to the Application. The Principal shall pay the Price before handing over the consignment for shipment via a payment gateway or via a prepaid credit. The details of the credit method of payment are set out in Section 21 of these Terms and Conditions.
10.12 If the Principal expresses their disagreement with the modification of the Offer, they are entitled to withdraw from the Forwarding Contract. If the Principal fails to do so, they are bound by the new Offer beginning on the first day of its effect.
11. Rights and obligations of the Parties
11.1 The Principal is obliged to package each consignment in compliance with industrial standards pertaining to parcel handling, to provide the consignment with adequately completed standard GLS parcel labels and documents. The address of the consignment – especially the Consignee’s details – have to be complete.
11.2 The Principal is obliged to pass all the shipping data to GLS before the commencement of shipment in an electronic manner and in an approved format. In case of any missing data, GLS has the right to suspend shipment even without the prior notice and to return the consignment to the Principal or the Consignor.
11.3 GLS shall not be liable for any errors in filling-in labels or errors in the transmitted data.
11.4 GLS is not obliged to warn about any incompleteness or incorrectness of documents or data.
11.5 The Principal is not entitled to conclude on its own behalf the Parcel Forwarding Contract with GLS to the account or in favour of third parties without a written consent by GLS. Such a written consent shall contain especially the Principal‘s duty to inform third persons duly on the carriage terms and conditions and to adjust the related Principal‘s responsibility. In case this obligation is broken by the Principal, GLS is entitled to suspend the process of parcel delivery and to withdraw from all contracts concluded with the Principal immediately.
11.6 The Principal is not entitled to resell GLS transport services to third parties without the written consent of GLS.
11.7 The Principal is further liable to GLS and to every carrier authorised by GLS and their customers for all damage and injuries caused by the Principal failing to meet some of its obligations hereunder, in particular for damage caused by the consignment or its contents.
11.8 The Principal is obliged to pay the service charge by the defined deadline, by bank transfer to the bank account of GLS.
11.9 If the Principal consigns goods excluded from GLS services, see Article 8, or fails to meet its obligations set above, GLS may temporarily refuse to provide the service.
11.10 The Principal is liable for the misuse of the parcel label in the full scope. The Principal is obliged to:
a) furnish each consignment with one valid parcel label; all old labels have to be removed;
b) use solely the allocated numerical series of the parcel labels and once these are used up, to apply for issuing of a new numerical series;
c) refrain from using numerical series other than the allocated one. It may not use the same numerical series repeatedly.
d) make sure that two different consignments are not equipped with an identical parcel number.
11.11 The Principal may not pass the parcel label to other persons. In case this happens, they shall be liable for the parcel label as if it has used it for the carriage of its own consignments.
11.12 If the Principal breaches the above stipulated obligations, GLS is entitled to block the numerical series allocated to the Principal for printing of the parcel labels and to charge a fee (contractual fine) CZK 500 for each individual breach.
11.13 GLS reserves the right to reject, suspense, cancel, postpone or return any consignments at any time if such a consignment could damage or delay other consignments in the opinion of GLS. The same holds also in case parcel shipment is not in compliance with legal regulations or any other provision of these General Terms and Conditions, or in case the Principal has a receivable overdue towards GLS. The fact that GLS takes over a consignment does not mean that such a parcel complies with valid legal regulations or with these General Terms and Conditions.
12. Right of disposal
12.1 The Principal may, in the absence of the Consignee, authorise GLS to deliver the consignment to a neighbour or another appropriate person, or to the mailbox or to the dispensing point. In the case of such – written or verbal – authorisations, the certificate of receipt (IOD, POD) will be prepared in a modified format.
13. Invoicing, payment
13.1 GLS performs the service exclusively on the basis of the payment of the price for forwarding services by the Principal; it does not ship unpaid consignments where the price for transport is to be paid by the Consignee. GLS acquires the right to be paid the price at the moment of handing over the consignment for shipment.
13.2 The invoice for the service is always prepared in arrears, in one or two invoicing cycles per month, as agreed.
13.3 GLS invoices the performance by a service type, in a single amount, on the platform of the consignment registration in the first (initial) GLS hub.
13.4 The credit period is 7 calendar days from the date of the invoice issue. Invoices are always settled by bank transfer. The Principal is obliged to settle the invoice by bank transfer by the specified due date. In the event of delay with the payment of an invoice, the Principal is obliged from the first day of delay to pay interest on late payment amounting to 0.05 % daily of the amount due and expenses incurred in relation to the collection of the overdue receivables to GLS.
13.5 The Principal acknowledges that GLS has the right of lien with respect to the consignment under Section 2481, Civil Code, and in case of failure to pay the price for forwarding services, GLS is entitled to satisfaction of its receivable from the proceeds of the lien converted into cash pursuant to the provision of Section 1359 et. seq. of the Civil Code; the pledge can be sold via self-help sale. Self-help sale is performed via a notification by GLS to the Principal on the commencement of exercising the right of lien, and after 30 days from the notification, GLS has the right to sell the consignment.
13.6 GLS is further entitled to charge to the Principal a difference between any discounted price and the price according to the basic price list of GLS also retrospectively for the issued and due invoices. In the event of delay, the Principal is obliged to hand over to GLS all the allocated parcel labels and GLS is entitled to block up the numerical series allocated to the Principal for printing the parcel labels and it is also entitled at any time without any previous notice to suspend providing of service forwarding. GLS is further entitled unilaterally to offset its due receivables owed by the Principal the payment of which is delayed by the Principal, all CashService amounts collected upon delivering of consignments from the Consignees, which it is normally obliged to pay to the Principal. GLS is obliged to notify the Principal on the performance of the offset.
13.7 All invoicing shall be carried out electronically. In the event the Principal requires invoices in paper format, the forwarder may charge a fee for creation and delivery of the invoice in paper format.
13.8 If GLS (to the detriment of the Principal) invoiced its claim for paying the price for a service to the Principal incorrectly, the Principal is entitled to notify GLS of this fact in writing, specifying the particular incorrectness, within 30 days of invoice delivery (complaint against the invoice). If the Principal fails to do so, it is assumed that the invoice is error-free and GLS is entitled to the payment for the service charged in the invoice. If the invoice is incorrect, GLS shall bill correctly the price for a shipment service within thirty days of delivery of the incorrect invoice notification to the Principal.
14. Parcel Dispatch System
14.1 The data transmission between the Principal and GLS, services of ordering and printing of particular parcel labels are performed solely with applications provided by GLS if there is not any exception agreed in compliance with Article 14.5 of these Conditions. The applications are: GLS Connect, GLS Online, GLS API and MyGLS and the Application www.e-balik.cz.
14.2 The flawless operation of applications requires a reliable connection to the Internet on the side of the Principal.
14.3 Information on applications is available on the GLS website and in the documentation of the given application. The support is provided by the GLS customer service.
14.4 GLS is not reliable for any damage from misuse or incorrect setup of an application, incorrect printer setup, or damages caused by unprofessional intervention into configuration and source files of the application.
14.5 If the Principal or the Consignor is not able to use standard GLS systems for parcel dispatch, an exception may be awarded, and usage of an own software solution may be allowed based on signing the amendment to the Forwarding Contract in the form of the Agreement on using own system for printing labels.
14.6 In case the Principal does not draw the Agreement on using own software, they do not have the right to exercise complaints about any disaccord which emerged by incorrect data transmission or a wrong format of the parcel label.
15. Warranty
15.1 Guarantee of the transport time for national and international parcels shall not apply. These are usual transport times. Within the scope of CMR agreement, the warranty regulated in the CMR shall be applied.
16. Damage incidents
16.1 GLS provides compensation coverage (in line with the arranged parcel insurance) for the Principal in each parcel, in the event of provable damages attributable to GLS, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the consignment. Damage is calculated in accordance with legal regulations, and its maximum height is only limited to a damage of the consignment, i.e. to the costs of its repair or repeated purchase of the damaged item, that is only to real direct damage (real damage is the value by which the value of the consignment is reduced as a consequence of the accident) and it shall not extend upon any subsequent damage (inter alia not to lost profit, income, profit, future business, sanction for delay, contractual penalties, fines, etc.). i.e. indirect damage and lost profit are not compensated. Liability for damage caused by Force Majeure is excluded.
16.2 Apparent breach or damage to the packaging may be contested no later than upon the consignment delivery. A record on damage on a GLS form shall be made immediately regarding the scope of damage or partial loss of the contents of the parcel.
16.3 In case of damage that is not apparent upon delivery, justified grounds for legitimate claims for compensation are established in the event that the written claim for compensation is submitted by Principal to GLS within 3 working days from delivery, or returned delivery, and if the damage is demonstrably due to reasons attributable to the service provider. In case of intact packaging of the parcel, GLS shall not be liable for mechanic, electric or electronic damage of the content even if the internal packaging of the parcel was sufficient. The Consignee, or the Principal, is obliged to provide GLS with a sufficient opportunity to check the damaged parcel either personally or through an authorized person. The Consignee, or the Principal, may not handle this consignment until this time and it is also obliged to keep a packaging of the parcel intact. Provided the Principal fails to submit its claim within the above stipulated time period, if it does not provide the parcel to GLS for inspection, or if it tampers the consignment without authorisation, their claim to damages becomes invalid.
16.4 In other cases not listed in the previous paragraphs, grounds for compensation claim shall be established only in the event such a claim is submitted by the Principal to GLS in writing within 60 calendar days from the day the consignment was passed over for shipment.
16.5 The amount for shipping also contains basic insurance. The insurance amount covers the costs of repair or compensation to which a service fee may also be added, however, not exceeding CZK 20,000. However, if the Principal hands over a parcel for shipment in accordance with provision 8.1u) of the General Terms and Conditions, the value of the parcel exceeds CZK 20,000, the Principal is obliged to inform GLS on this fact in writing (via e-mail) and communicate the actual value of the consignment; in addition, it is obliged to ensure additional insurance for the parcel. If the Principal fails to do so, the parcel is considered as a parcel containing things (goods) excluded from shipment in accordance with the provisions of Article 8 of these General Terms and Conditions. However, if the shipment was ordered via the www.e-balik.cz Application, the basic insurance is included in the shipment price, only up to CZK 6,000. However, if the Principal submits a consignment via the www.e-balik.cz Application in accordance with clause 8.1.u) of the General Terms and Conditions, the value of which exceeds CZK 6,000, they are obliged to inform GLS in writing (by e-mail) and communicate the actual value of the consignment and they are also obliged to ensure additional insurance of the consignment. If they fail to do so, it is a consignment containing goods excluded from transport in accordance with the provisions of Article 8 of these General Terms and Conditions of goods with the value of more than CZK 20,000, or the equivalent of EUR 800 in the case of export parcels.
16.6 The extent of GLS liability for damage is limited, in the case of loss, destruction or damage to the consignment while providing carriage or of a parcel taken over by the Forwarder for shipment or to deeds related to shipment or in any other case with the amount calculated under legal regulations, maximum but equal to the direct damage up to maximum CZK 20,000, shipment ordered via the www.e-balik.cz Application up to maximum CZK 6,000, per one loss occurrence or more cases of loss occurrence, however showing the same damage cause. In the case of additional insurance of the consignment, the maximum value of damage increases according to the amount of the additional insurance.
16.7 The Principal may take out insurance of the consignment for a higher value; the insurance can be taken only after paying an extra charge. Although such insurance policy is only concluded after payment of a surcharge and GLS consent certifying the extension of coverage. Mere stating the data of the consignment value (price) shall not be considered an order to take out insurance policy.
16.8 If GLS delivers a parcel with a delay, fails to collect money for CashService, fails to send back a confirmed consignment note, but it may prove the delivery of the parcel in its own system (IOD, POD) in a credible manner, this shall not be considered a loss occurrence. In such cases the claim of the Principal can only be enforced solely against the Consignee, and GLS shall only bear liability up to the limit of the service fee.
16.9 If there was a damage due to recapture or suspension of the consignment or other measures taken abroad under or based on a provision valid abroad, the damage compensation shall not belong to the Principal.
16.10 Without the consent of GLS, the Principal has no right to assign its insurance claims to any third party.
16.11 GLS shall not provide any insurance coverage for valuables which are already covered by other insurance policies. The Principal is entitled to arrange a supplementary insurance policy.
16.12 If GLS acknowledges any claim for the payment of damage compensation, it shall ensure that damages are paid within ten working days from the end of the claim procedure.
16.13 The procedures to be followed to handle insurance events are regulated by GLS in the Complaints Regulations that are published on GLS website www.gls-czech.com.
16.14 In the event of a breach of obligations by GLS, there is no automatic right to a refund of the price for the services provided. This claim arises only in agreed cases or in the event that GLS deeds would result in unjust enrichment. In this case, GLS will return the entire price paid to the Principal.
17. Limitation clause
17.1 Any legal claims against GLS are subject to the statute of limitations after expiration of a one-year limit. The statute of limitation starts running on the day the entitled party learned or could have learned of its claim, however, no later than on the day of delivery.
18. Written form
18.1 In some cases, GLS reserves the right, in respect of certain issues, to conclude an agreement with terms different from these General Terms and Conditions. Extension and supplementary agreements, as well as any other agreements, shall only be valid if concluded in writing.
19. Severability / Jurisdiction
19.1 If any of the provisions of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the other provisions thereof. Such invalid provision shall be replaced with a provision that fulfils the business purposes of the original provision as closely as possible.
19.2 Any controversies, disputes, or claims arising from the contractual relation of GLS to the Principal shall be first settled amicably. Provided it is not possible to settle these disputes amicably, the contracting parties have agreed that in accordance with Section 89a of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, the court of local jurisdiction in case of disputes arising under concluded contracts or the present General Terms and Conditions shall be the court competent according to the registered office of GLS.
19.3 In case of doubts, the issue of the General Terms and Conditions in the Czech language shall apply.
19.4 GLS reserves the right to amend the present General Terms and Conditions, or Offers, at any time, also without giving the Principal previous notice. If GLS makes such a change of the General Terms and Conditions, it makes the new version of the General Terms and Conditions on GLS website https://gls-group.com/CZ/en/terms and Conditions. The change to the General Terms and Conditions of GLS will, then, be announced also via an information text in the invoice, or via e-mail. The Principal has the right to reject and is entitled to withdraw from the Forwarding Contract. If they fail to do so, they are bound by the new General Terms and Conditions.
19.5 In case there is an interpretative discrepancy between the General Terms and Condition and other applicable documents amending the contractual relationship between GLS and the Principal, the interpretation is ordered as follows: The Forwarding Contract including amendments, the General Terms and Conditions, other applicable documents.
19.6 GLS may limit or suspend the parcel forwarding service and not meet the conditions under the terms of these General Terms and Conditions if this is required due to an event of force majeure or a regulatory measure. GLS may, due to traffic limitations or bad meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules. In such a case, GLS shall inform the Principal about all these service limitations or suspensions. In these cases, the Principal shall not be entitled to raise any claims for damages mentioned in paragraph 16.
20. Data protection, obligation of confidentiality
20.1 The Principal understands that under the terms of Act No. 110/2019 Coll. on personal data processing, as amended (hereinafter referred to as “Act on Processing of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) GLS processes, collects and maintains personal data of the Principal stated in contractual documents, or obtained from other relations connected with the mutual collaboration of the Principal and GLS, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by GLS in GLS customer database for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of GLS. When providing forwarding services, GLS is the Controller of personal data.
20.2 GLS processes personal data exclusively for the purpose of providing forwarding and shipping or additional services (services with value added) based on the agreed Forwarding Contracts in the scope in which they were provided to GLS based on the Forwarding Contracts, in particular within the following scope:
20.2.1 the name, surname, address for the purpose of parcel delivery or returning,
20.2.2 the telephone number for the purpose of notification and providing information on the delivery status,
20.2.3 the e-mail address for the purpose of notification and providing information on the delivery status, confirmation of contract conclusion and for marketing purpose when direct marketing with goods and services Offers of the GLS or newsletter may be sent to the provided e-mail, while the Principal has an option to reject this service in every business message sent,
20.2.4 the account number for the purpose of COD choosing and sending,
20.2.5 the IP address solely for the purpose of claims proceedings when a customer disagrees with a service order or for checking of unauthorized accesses,
20.2.6 Cookies for the purpose of website transparency improvement, for signing in/out for a web service, website attendance assessment,
20.2.7 the identification number of the Principal for the purpose of invoicing for the performed services and unambiguous identification of the company of the Principal
20.3 Personal data processing is lawful when a contract is concluded between GLS and a person providing this personal data, and thus personal data processing is necessary to fulfil the contract, or further the necessity is based on the purposes of legitimate interests pursued by GLS or a third party (the Principal, the Consignee), e.g. on the purposes of litigations, complaints handling and marketing, and the necessity is further given by the compliance with legal obligations (e.g. tax and customs laws).
20.4 The Principal is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Principal is voluntary; nevertheless, if the personal data is not provided, GLS is not able to provide forwarding and shipping services.
20.5 The Principal undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Processing Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between GLS and the Principal, esp. in the Consignor and Consignee, so that GLS could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and from international penalty clauses (embargo), and the Principal further undertakes that if they transfer personal data of Recipients or any other participants to GLS, 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 is limited to what is necessary in relation to the purposes for which it is processed so that GLS could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Principal shall be liable for any damage caused to GLS and commits themselves to compensate all the damage caused to GLS.
20.6 GLS and the Principal undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by GLS as related to their provided services, or by the Principal as related to their provided services. GLS as well as the Principal are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.
20.7 GLS has the right to maintain the personal data for the time which GLS may need it for exercising any rights against third parties, or for the time which a third party, esp. the Principal or the Consignee may need to exercise their rights against GLS, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations). The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com.
20.8 GLS undertakes to inform the Principal electronically on:
a) the process of parcel delivery in the form of a detailed parcel information description. The Principal announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Consignee’s email address, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfilled (so called reports).
b) collected COD amounts in the form of a detailed description. The Principal announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Consignee’s e-mail address, and they ask GLS for supplementing this personal data with the information on the COD amount (e.g. amount, date of COD collecting and parcel delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process, including checking the COD amount collecting, and checking that contractual duties are fulfilled.
c) the detailed breakdown of provided services in the form of an electronic invoice appendix. The Principal announces that GLS passes in this context the parcel Consignee’s personal data, esp. name, surname, delivery location, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfilled. The Principal declares that they have the right to process personal data in the way defined in this paragraph, including the instructions towards GLS, and that this way of personal data processing complies with the respective legislative (e.g. GDPR).
20.9 The Principal is responsible for the consequences and damages resulting from any misuse of access permissions and passwords to GLS systems and interfaces. GLS establishes these accesses for persons authorised under the Contract, or for those authorized by the Principal. The Principal is obliged to take the necessary measures against their abuse.
20.10 GLS familiarise themselves with the contents of the forwarded parcels to the extent necessary, and only if necessary for performing of the service.
20.11 GLS:
a) may not open any packaged and sealed parcels – unless stated otherwise by the law, the Contract or the present General Terms and Conditions;
b) may examine any non-sealed parcels to the extent necessary for the purpose of ascertaining the data necessary for dispatch, sorting, forwarding and delivery;
c) may not disclose any data obtained during the performance of the service to third parties – except for the Principal, the Consignor, the Consignee (or other authorized recipients), and the authorised state authorities;
d) may not hand over the consignment – for the purpose of examining its content – to persons other than the Principal, the Consignor, the Consignee (or other authorised recipients), and the authorized state authorities;
e) may not provide any information about provided services to persons other than the Principal, the Consignor, the Consignee (or other authorized recipients) and the authorized state authorities.
20.12 GLS may open and seal a parcel if:
a) It cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the contract;
b) there is a reasonable suspicion that it contains an item considered dangerous under the General Terms and Conditions, or an item whose transport is excluded;
c) it has been damaged;
d) there is a well-founded concern that the damage has occurred or might occur as a result of the service; or
e) it is necessary to comply with the obligations imposed on the Forwarder by a special legal regulation.
20.13 The parcel may be sold by GLS in order to recover the unpaid remuneration for the service of carriage agent.
20.14 GLS regulates the process of parcel opening, and records individual actions taken in a report. The fact that the parcel has been opened has to be indicated on the consignment, and, if possible, the Consignor must be notified accordingly, and has also to be given reasons for this act.
20.15 GLS is entitled to sell or to destroy the consignment that is not possible to be delivered or returned after 6 months from its takeover. If it is necessary for reasons of health, environment, or property protection, GLS is entitled to destroy the parcel even before the expiration of this period. GLS has the right to destroy the parcel in which the right of lien has not been executed successfully under Article 13.5 of the General Terms and Conditions, i.e. if GLS failed to sell the parcel or if there has not been anybody interested in buying the parcel within 3 years from the parcel was taken over for shipping.
21. Terms of using the credit system Application www.e-balik.cz
21.1. The Principal meeting the following conditions is referred to as 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 the condition that it is a business entity with a valid ID number must be met.
21.2 Credit means the sum of the User's funds within the Application provided by the User to GLS in order to pay the Price in the future of the provided shipping services.
21.3. The User's credit can be credited only in the Czech currency via one of the supported payment methods. The credit can be recharged in the amount of any amount of money ranging from CZK 500 to CZK 10,000, including VAT, even repeatedly. The maximum possible amount of the credit balance may amount to a maximum of CZK 15,000, including VAT. The User is not entitled to transfer the credit from his/her account to the account of another User.
21.4 GLS shall issue to the User electronically on his/her email confirmation of payment received and the number of credits credited to his/her account. GLS is entitled to deduct the value of rewards for ordered forwarding services from the credit.
21.5 After the end of the month, the user will receive a tax document – an invoice for the shipment services provided, indicating the number of shipped consignments and the total price after applying discounts to their e-mail with the possibility of downloading this tax document also in the Application.
21.6 In the event that the User's credit balance exceeds the specified limit of CZK 15,000, including VAT, GLS reserves the right to prevent further top-ups of the credit above this specified amount, and at the same time, if such an over-limit payment is made, GLS is entitled to return such payment to the account from which the User made the payment.
21.7 In the Application, the User has access in his/her user account to view the credit balance and to an overview of the transactions carried out. In the event of discrepancies, the User is entitled to claim the amount of the credit balance or the executed transaction at GLS immediately after finding the discrepancy, but not later than within three months from the completion of the claimed transaction. Upon expiry of this period, the entitlement shall lapse. The user is obliged to prove the facts claimed in the complaint.
21.8 The User has the right to ask GLS for a refund of funds provided to the credit system up to the current balance. As part of the request, the User shall indicate the amount he wants to refund and the reason for the refund. The funds will be returned 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 the application in the form specified by it (e.g. written form, officially certified signature, etc.). GLS is entitled to charge a cancellation fee for the return of the credit in the amount of CZK 500.
21.9 GLS reserves the right to block the charging or drawing of credit on the User's account if there is a suspicion of unauthorized or unlawful manipulation of the account, access data or means of payment (e.g. payment by a stolen payment card) or in the event of a breach of the User's obligations.
21.10 The User agrees that GLS shall not be liable for any temporary malfunction or unavailability of the Application or domain https://e-balik.cz and shall not be liable for credit manipulation due to insufficient security of access data by the User.
21.11 The User agrees that in the event that the credit is not exhausted for a period of 2 years from the last change in the credit balance, the unused credit shall be forfeited to GLS and the User shall no longer be entitled to demand a refund of the credit. These General Terms and Conditions are the amended version of the General Terms and Conditions issued on April 1, 2005, and are valid with effect from July 1, 2022. These General Terms and Conditions and the standard price list are published by GLS on the www.gls-czech.com website.
Further information regarding the use of the services – i.e. detailed description of the services, printed material, forms, guidelines – is provided to the Principal in paper form as a "User Manual" and is also available on the website www.gls-czech.com. Further information regarding the use of services – i.e. a detailed description of the services, printed materials, forms, guidelines – are provided by GLS to its Principal in a printed form in the “User Manual“ and are also available via the GLS website.
General Terms and Conditions pertaining to parcel forwarding and processing of consignments to consumers via www.e-balik.cz of the company General Logistics Systems Czech Republic s.r.o., Průmyslová 5619/1, CZ-58601 Jihlava hereinafter referred to as: GLS
1 OPENING PROVISIONS
1.1 These General Terms and Conditions were established on the basis of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, and thus supplement the legal regulations specified in the provisions of §§ 2471 et seq. of the aforementioned Act and form an integral part of the Parcel Forwarding Contract, under which GLS undertakes to arrange consignment forwarding on the basis of payment of the agreed remuneration by the Principal. If the place of dispatch and the place of delivery are in the Czech Republic, the postal service is also provided, the provisions of Act No. 29/2000 Coll., on Postal Services (hereinafter referred to as AoPS) shall apply to the legal relationship and thus the forwarding postal contract (hereinafter referred to as the "Contract") shall be concluded and these General Terms and Conditions shall apply to these relations.
1.2 The Principal declares that prior to the conclusion of the Contract, it became acquainted with the content of these General Terms and Conditions, that it agrees with them and accepts them without reservations.
1.3 For the purposes of these terms and conditions (the “General Terms and Conditions”), the forwarder is General Logistics Systems Czech Republic s.r.o., with its registered office at Průmyslová 5619/1, 586 01 Jihlava, Company ID: 260 87 961, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 66184 (hereinafter the “Forwarder”). The Forwarder is an entrepreneur acting as part of its business or other business activities and provides forwarding and postal services arranged through the Forwarder's application called "e-Balík" available on the website www.e-balik.cz (the "Application").
1.4 The Principal is a natural person acting in the position of a consumer (the "Principal").
1.5 The wording of the General Terms and Conditions may be amended or supplemented by the Forwarder accordingly, and such changes shall be notified to the Principal at least thirty (30) days prior to the effect of such a change through the Application and by publication on the website www.gls-group.eu/EN/en/home/.
2 USER ACCOUNT
2.1 When registering and creating a User Account in the Application, the Principal is obliged to provide all data correctly and truthfully. The Principal shall update the data stated in the User Account in the event of any change. Access to the User Account is secured by a username and password. The Principal is obliged to maintain confidentiality regarding this access information and acknowledges that the Forwarder is not responsible for the breach of this obligation by the Principal. The Principal is not authorized to permit the use of a User Account by third parties.
2.2 The Principal is entitled to request the cancellation of the User Account from the Forwarder at any time and without giving any reason.
2.3 The Principal is obliged to inform the Forwarder immediately in the event of misuse of his User Account. In the event of misuse of the User Account or when using the Application in violation of the Contract, the Forwarder has the right to block the User Account for the necessary time. The Principal is obliged to compensate the Forwarder for the damage caused by the misuse of its User Account.
3 CONTRACT
3.1 The Contract is concluded in the Czech language.
3.2 The Principal shall execute the order using the form available in the Application. The Principal may place multiple orders in the Application at the same time.
3.3 In the order, the Principal shall provide the correct data at least to the following extent:
3.3.1 identification and contact details of the Principal unless such data is filled in according to the Principal's data from the User Account;
3.3.2 information on the dimensions of the Consignment or its weight, which is decisive for the calculation of the price;
3.3.3 data necessary to identify the Consignment;
3.3.4 details of the consignee of the Consignment (the "Consignee") at least to the extent of the name, surname, address and telephone number in the case of a natural person and the name, registered office, contact person and telephone number in the case of a legal person;
3.3.5 data on the date and method of delivery of the Consignment for shipment and the method of transport and delivery of the Consignment;
3.3.6 an instruction that the Forwarder, upon delivery of the Consignment from the Consignee, is to receive the money or perform another collection operation before issuing the Consignment or a document enabling the Consignment to be handled to the Consignee, including the amount specified above ("Cash on Delivery");
3.3.7 confirmation that they agree with the General Terms and Conditions and the Privacy Policy and that they understand their content, including confirmation of being informed about the possibility of withdrawal from the contract and the request to start services before the expiry of the withdrawal period; ("Order").
4 ORDER
4.1 The order shall be valid only after completing all the required data in the Order Form available in the Application.
4.2 Prior to placing the Order, the Principal is allowed to check, correct or change the data entered in the Order.
4.3 The Forwarder shall acknowledge receipt of the Order to the Principal by e-mail to the address specified by the Principal in the Order without undue delay.
4.4 The Contract is concluded at the moment of delivery of the Order confirmation to the Principal. The contract is concluded with a condition precedent to full payment of the remuneration pursuant to Article 5.
4.5 The Principal agrees to use means of remote communication when concluding the Contract. The costs incurred by the Principal when using remote means of communication in connection with the conclusion of the Contract (e.g. on the Internet, telephone, etc.) are in the normal amount, depending on the tariff of the Principal's telecommunications services. These costs are borne by the Principal.
5 PRICE OF FORWARDING SERVICES AND METHOD OF PAYMENT
5.1 The current prices for the delivery of the Consignment under the Contract (the "Price") are listed in the price list available in the Application. During the implementation of the Order, the Application displays the total price, which is final, including VAT, all discounts, taxes and fees (in particular the insurance fee for the Consignment, fuel surcharge, tolls).
5.2 The Forwarder reserves the right to change the prices specified in the price list in the Application and make other necessary changes in the Application.
5.3 The Price does not include the costs associated with the packaging of the Consignment. These costs shall be borne in full by the Principal.
5.4 The Principal shall pay the Price before handing the Consignment over for transport through the payment gateway.
5.5 The tax document shall be issued by the Forwarder and sent in an electronic form to the e-mail specified in the Order without undue delay after payment of the price of the service.
5.6 In the event of withdrawal from the Contract or failure to complete the shipment of the Consignment for reasons for which the Forwarder is not responsible, the Forwarder is entitled to unilaterally offset their claim against the Principal incurred as a cost of returning the Consignment and/or a proportionate part of the costs of the Forwarder for the already performed fulfillment of the Order. The Forwarder shall inform the Principal about the performed offsetting without undue delay by e-mail to the address specified in the Order.
6. Withdrawal from the Contract
6.1 The Principal declares that it requests (agrees) that the Forwarder commences the performance of their obligations within the period for withdrawal from the Contract. Unless this is the case, in which the Principal cannot withdraw from the Contract, the Principal, who is also a consumer, has the right to withdraw from the Contract within fourteen (14) days of its conclusion, even without giving a reason by notice to the Sender in any of the following ways:
6.1.1 by sending a notice of withdrawal to the Forwarder via the postal service provider at Průmyslová 5619/1, 586 01 Jihlava, by e-mail at: e-balik@gls-czech.com, or by fax at: +420 567 771 199; or 6.1.2 by filling in and sending a sample withdrawal form available in the Application (www.e-balik.cz); the Forwarder shall confirm to the Principal without undue delay the receipt of such a form by e-mail to the Principal's address specified in the Order.
6.2 In accordance with § 1837 para. 1 (a) of the Civil Code, the Principal may not withdraw from the Contract if the shipment of the Consignment has been fully completed with their prior expressed consent pursuant to Article 6.1 before the expiry of the period for withdrawal from the Contract. In the event that the Sender withdraws their prior express consent pursuant to Article 6.1, the Forwarder may commence the provision of the service only after the expiry of the withdrawal period.
6.3 If the Principal withdraws from the Contract before the Forwarder has started the performance, the Forwarder shall return the Principal without undue delay, no later than fourteen (14) days from the withdrawal from the Contract, the Consignment and the Price. The Principal shall bear the direct costs associated with the return of the Consignment by the usual postal route and the costs associated with the return of the Price. The returned Price will therefore be reduced by the amount corresponding to the direct costs associated with returning the Consignment and the Price to the Principal. The consignment will be returned to the Principal to the address specified in the Order unless another address is agreed for the return of the Consignment. Unless otherwise agreed, the Principal's Price shall be returned in the same manner as the payment of the Price.
6.4 If the Principal withdraws from the Contract after the Forwarder has commenced the performance at the express request of the Principal pursuant to Article 6.1 before the expiry of the withdrawal period, the Principal shall pay the Sender a pro rata part of the Price for the performance provided until the moment of withdrawal from the Contract. The provisions of Article 6.3 on the return of the Consignment and the Principal's Price shall apply mutatis mutandis.
6.5 The Forwarder may withdraw from the Contract by notifying the Principal by e-mail to the address specified in the Order for the following reasons:
6.5.1 in the event that, for reasons attributable to the Principal, the Consignment is not handed over to the courier of the Forwarder at the address specified by the Principal in the Order as part of two (2) attempts to collect the Consignment by the Forwarder; or
6.5.2 in the event that the Sender finds, upon the receipt of the Consignment or during the transport of the Consignment, that it is an object that is excluded from transport pursuant to Article 7.1.
6.6 The provisions of Article 6.3 on the return of the Consignment and the Price to the Principal shall apply mutatis mutandis in the event of withdrawal by the Forwarder.
7 ARTICLES EXCLUDED FROM TRANSPORT 7.1 The Forwarder shall not transport the following items, which cannot be the subject of the Contract:
7.1.1. items weighing more than 30 kg or exceeding 2 m in length, 60 cm in height, 80 cm in width and 3 m in overall circumferential length, and, in the case of ParcelShop applications, articles weighing more than 10 kg or exceeding 1 m in length;
7.1.2 items insufficiently packaged and/or unpackaged in accordance with the packaging customary in the sector, i.e. items which are not packaged and protected in a manner appropriate in particular to their weight, shape, nature, the material from which they are made and their nature and do not meet the conditions specified in Article 7.6 of these General Terms and Conditions;
7.1.3. tied consignments, consignments transported on wooden crates and in wooden crates, consignments obviously damaged;
7.1.4 perishable goods, objects likely to be a source of infection, medical supplies and stinking objects;
7.1.5. human and animal remains;
7.1.6. live animals and plants;
7.1.7 consignments in inappropriate packaging, in particular packed in sacks, bags and loose parcels;
7.1.8 things of high value, in particular financial cash, precious metals, genuine pearls, precious stones and jewels, as well as valuables, securities, payment cards, drawn lottery tickets, tickets, vouchers, etc.; as well as consignments containing personal documents and other types of cards or documents, e.g. business documents, documents with sensitive data, etc.,
7.1.9 works of art and objects of sentimental value, irreplaceable objects, as well as goods which are of low value in themselves, but the loss or damage of which is detrimental;
7.1.10 temperature-unstable objects requiring controlled temperature;
7.1.11 ammunition, firearms, explosives and similar items, with the exception of Consignments containing mechanical weapons, for which the tension force is less than 150 N, and thus these are not "category D" weapons within the meaning of Act No. 119/2002 Coll., on firearms and ammunition, as amended);
7.1.12 narcotic drugs and psychotropic substances;
7.1.13 tyres; uncoated wheel discs, wheel pads;
7.1.14 pressure vessels and car batteries;
7.1.15 liquid goods, especially goods packed in buckets, cans, glass containers, etc.;
7.1.16 consignments addressed to P. O. Consignee's Box;
7.1.17 in the case of Export Consignments (i.e. Consignments intended for transport outside the Czech Republic) of excise goods, such as alcoholic beverages and tobacco products. In the case of Consignments abroad, the following shall also be excluded from carriage: personal property, tyres and goods accompanied by an international ATA Carnet document;
7.1.18 items listed as dangerous goods under 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 of more than CZK 6,000 ( or CZK 20,000 in the event that an additional service of increased liability for damage is agreed in the Contract);
7.1.20 items and consignments whose sending is prohibited by any applicable law (for example, due to their content, the intended Consignee or the country to which they are to be sent). Applicable law includes all laws, regulations or measures (e.g. decrees, regulations or measures) under which a sanction may be imposed, as well as any trade restrictions and economic sanctions against countries, persons or entities (e.g. announced embargos), including measures introduced by the United Nations, the European Union and the Member States of the European Union;
7.1.21 consignments destined outside the European Union or all destinations placed under a customs procedure; 7.1.22 consignments within the European Union destined for the following destinations: Andorra, Ceuta, Gibraltar, Greece, Livigno, Malta, Melilla, San Marino, Cyprus, the city of Büsingen am Hochrhein (postcode D-78266), the overseas territories and all European islands except Ireland (except Northern Ireland) and the islands belonging to Germany and Croatia;
7.1.23 in the case of consignments delivered abroad, goods accompanied by an international ATA Carnet document;
7.1.24 in the case of consignments carried by air, articles prohibited under Regulation (EC) No. 300/2008 of the European Parliament and of the Council (EC) 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 legislation adopted for its implementation, i.e. in particular weapons, explosives or other dangerous devices, articles or substances that can be used to commit an unlawful act that threatens the safety of civil aviation.
7.2 The Principal is obliged to respect the above-listed exclusions of goods from transport and must carry out appropriate checks of the contents and packaging of the Consignment before handing them over to the Forwarder. The Forwarder accepts the Consignment exclusively in sealed packaging.
7.3 If the Principal hands over to the Forwarder for transport a Consignment containing items excluded from transport pursuant to Article 7.1 and 7.2 without a prior written consent of the Forwarder, the Principal shall be fully liable for damages and costs incurred by the Forwarder or third parties, including, but not limited to, the obligation to reimburse the costs of necessary measures to prevent the occurrence of damage or reduce the risk (e.g. securing an intermediate warehouse storage, return transport, disposal, cleaning, handi
ng over to the carrier which is not subject to exclusion of the content of the consignment, etc.). 7.4 The Forwarder accepts consignments for shipment that are sealed and with intact packaging without checking their content. The Forwarder shall not inspect the consignments in order to determine whether they are in breach of the above prohibitions.
7.5 Consignments which are excluded from the procurement of shipment shall not be accepted by the Forwarder to secure the shipment and the Forwarder shall have the right (not the obligation) to refuse such consignments. By accepting the Consignment, the Forwarder does not waive the right to refuse to procure shipment of the Consignment if it later becomes reasonably suspected that the Consignment contains goods excluded from procuring shipment under these General Terms and Conditions. In such a case, the Forwarder is entitled, after informing the Principal, depending on circumstances or suitability to deliver the Consignment to the Consignee, or to return it to the Principal at the Principal's expense, or to handle the Consignment in any other way, including its disposal in the extreme case of necessity, in such a way as to prevent the occurrence of any damage or risks.
7.6 The Sender is obliged to comply with the following conditions when packing the Consignment:
7.6.1 only properly sealed and closed Consignments bearing an address label with no long or sharp outputs may be sent;
7.6.2 the space of the box must be optimally filled when it is necessary to ensure an adequate size and quality of the packaging material and fill the entire space of the box so that the goods are protected from damage and have a sufficient distance from the outer packaging;
7.6.3 fragile goods must be packed in polystyrene or other filler material; the inscription “fragile” or similar warning serves only as information and does not ensure the protection of the goods;
7.6.4 electronic devices sent for repair should be packed in their original and complete packaging with appropriate filling material;
7.6.5 bottles and jars placed in the consignment must be packed in certified packaging intended for parcel transport. Individual items placed in the Consignment must be further protected by protective layers placed not only between them but also above and below each of them;
7.6.6 goods with irregular shape, whose packaging is difficult, must be secured against damage - wrapping with shrink film and an additional layer of packaging material should be used underneath;
7.6.7 cardboard boxes must be taped to the sides with adhesive tape;
7.6.8 address labels and stickers indicating specific services must be affixed to one of the largest sides of the consignment.
8 ACCEPTANCE OF THE CONSIGNMENT FOR SHIPMENT
8.1 The Principal may order the handover of the Consignment for transport in the Application as follows:
8.1.1 collection of the Consignment by the courier of the Forwarder at the place specified by the Principal in the Order; or
8.1.2 handover of the Consignment for shipment at the appropriate ParcelShop of the Forwarder.
8.2 The Principal must properly pack the Consignment in appropriate packaging so as not to damage it. The Forwarder is not obliged to review the suitability of the package of the Consignment or implement measures to repair or improve it. Packaging must also ensure, beyond the protection of the Consignment itself against loss and damage, the protection of persons and means of transporting the Consignment. The packaging must also ensure that access to the contents of the Consignment is not possible without leaving clear traces on the outer packaging of the Consignment. Recommendations for packaging a Consignment are provided in the Application.
8.3 The Consignment must be provided with a shipping label. Other labels, stickers or instructions placed on the packaging of the Consignment will not be considered. The shipping label must be affixed to the correct Consignment and must be affixed to one of the largest sides of the Consignment packaging.
8.4 The Principal shall print the shipping label themselves using their own hardware and shall be responsible for its legibility, durability and sufficient fastening to the Consignment. The Principal is responsible for the fact that the Consignment data in the Order agrees with the data on the printed shipping label. Liability for printing errors is borne by the Principal.
8.5 If the Consignment is handed over to the Forwarder's courier, the Principal may order printing and delivery of the shipping label from the Forwarder. The shipping label is made according to the data provided by the Principal in the Order and handed over to the Principal at the time of collecting the Consignment for shipping. The Principal is responsible for the correct placement of the shipping label on the Consignment.
8.6 The shipping label can also be obtained on the basis of the pin generated by the Application at selected shipping points of the Forwarder. The obligation of the Principal to affix a legible and durable address label to the Consignment remains unaffected by this.
8.7 If the Principal fails to comply with their obligations to properly package the Consignment and affix the shipping label, the Forwarder is at their discretion entitled not to accept, load, store, secure or return the Consignment to the Principal without the obligation to compensate the Principal for damage; and the Principal is obliged to compensate the Forwarder for all costs associated with this.
8.8 In the case of shipping the Consignment to other European Union countries, the Principal is obliged to provide all necessary documentation for the VAT exemption in the case of shipping within the European Union.
9 Consignment delivery
9.1 Consignments that are handed over to a regional depot of the Forwarder by 17:00 on a business day are delivered as follows: within the Czech Republic, usually on the next business day, abroad at the 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 by means of bulk parcel shipment. Through standardized processes, it achieves economical and fast transport of Consignments. Consignments are shipped as consolidated units and undergo an industrial sorting process using automatic conveyors in depots and re-loading hubs. Consignments are scanned by the driver, depot and re-loading hub at all points of the shipping process, and the date and time of such scan is recorded. Further documentation of the Consignment shipment is not performed.
9.4 Unless otherwise stipulated in the Contract, a maximum of two (2) attempts to deliver the Consignment shall be made. If the Consignment is not delivered, the Forwarder shall ensure that a written notice of the intention to deliver the Consignment is left at the place of delivery of the Consignee, and the Consignee shall have the opportunity to agree with the Forwarder on the date of delivery of the Consignment within five (5) business days from the date of the first attempt at delivery. Upon expiration of this period, the Consignment shall be returned to the Principal.
9.5 Unless otherwise stipulated in the Contract, in the case of delivery to the address of the Consignee who is a legal person or a natural person to whom the Consignment is to be delivered to the address of a legal person, the Consignment shall be delivered to the reception desk of such a legal person or another place of contact with the public (e.g. goods receipt point).
9.6 Unless agreed otherwise, in the event that the Consignment is not reached at the first delivery attempt, the Consignment may be handed over to a person present in the Consignee's apartment, office, registered office or facility, if, due to the circumstances, it can be assumed that this person is authorized to accept the Consignment, in particular if such a person demonstrates the authorization or power of attorney to take over the Consignments intended for the Consignee, or may be deposited at the nearest Forwarder's delivery point – GLS ParcelShop to be picked up by the Consignee. Receipt of the Consignment shall be confirmed by the Consignee with signature on a portable electronic scanning device or delivery note, and this (digitized) signature of the Consignee shall serve as a proof of delivery of the Consignment. By signing, the Consignee confirms that the Consignment has been delivered properly and meets all the necessary requirements.
9.7 The maximum storage time at the Forwarder is 90 days from the date when the undeliverability of the Consignment was found. In the event that the Consignment cannot be delivered to the Consignee or a third party pursuant to Articles 9.4 to 9.6 and the Principal refuses to take it back at the request of the Forwarder, the Forwarder has the right to dispose the Consignment upon the expiration of this period. The Forwarder is entitled to dispose the Consignment or a part of it even before the agreed expiration time if it is necessary to ensure the safety and protection of human health. Disposal of the Consignment takes place mainly by its handover to a person authorized to dispose waste. The Principal is obliged to reimburse the costs of disposal of the Consignment.
9.8 The Forwarder is entitled to open the Consignment if
a) it cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the contract,
b) there is a reasonable suspicion that it contains an item considered dangerous under the General Terms and Conditions, or an item excluded from transport under point 7.1 of the General Terms and Conditions
c) it has been damaged,
d) there is a well-founded concern that a damage has occurred or might occur as a result of the service; or
e) it is necessary to comply with the obligations imposed on the Forwarder by a special legal regulation.
9.9. The Forwarder is not entitled to open the Consignment if it is clear from the external arrangements that it is inviolable under an international treaty which is part of the legislation of the Czech Republic.
9.10 The Forwarder is obliged to inform the Consignee about any opening of the Consignment upon delivery, or the Principal upon returning the Consignment.
9.11 The contents of the Consignment may be examined when it is opened only to the extent necessary to ensure the purpose of the inspection. The opening procedure must ensure the protection of facts protected under a specific law, as well as the protection of postal and letter secrecy.
10 CASH ON DELIVERY (CASH-SERVICE)
10.1 If the Principal specified in the Order an instruction on the Cash on Delivery service pursuant to Article 3.3.6, the Forwarder shall hand the Consignment over to the Consignee or a document permitting the Consignment to be disposed of only if the Consignee pays the designated cash amount to the Forwarder. The Forwarder has the right to limit the Cash on Delivery amount.
10.2 The transfer of the collected Cash on Delivery amount to the bank account specified by the Principal in their User Account of the Application runs automatically and without undue delay at least once a week.
10.3 If, for any reason, the Forwarder fails to collect the specified amount upon delivery with the Cash on Delivery service, the Forwarder shall inform the Principal thereof without undue delay. The Principal does not incur a claim against the Forwarder and a debt of the Forwarder towards the Principal from the uncollected Cash on Delivery amount. The Consignee is still obliged to make payment of this amount (debt) to the Principal under the original legal relationship and the usual terms and conditions of Consignment insurance do not apply to any uncollected Cash on Delivery amounts.
10.4 In case of any uncollected Cash on Delivery amount, the Forwarder's obligation to compensate damages shall be extended to the amount of the charge for the provided Cash on Delivery service. The Forwarder undertakes to provide assistance in the subsequent collecting of the Cash on Delivery amount.
10.5 When ordering the Cash on Delivery service, the Principal acknowledges that the Forwarder is a person authorized only to collect the cash on delivery amount, and that the Forwarder is not authorized to act on behalf of the Principal or conclude a contract with the Consignee of the cash on delivery consignment on behalf of the Principal. The Forwarder also warns that they are not an obliged person pursuant to § 2 of Act No. 253/2008 Coll., on selected measures against the legitimization of proceeds from crime and terrorism financing, which in itself does not mean that the Principal is not the person obliged. The Principal is obliged to comply with all obligations set out under Act No. 253/2008 Coll.
11 RIGHTS IN THE CASE OF FAILED FULLFILLMENT
11.1 The rights and obligations regarding defective performance rights are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925 of the Civil Code. The procedure for exercising and enforcing defective performance rights shall be governed by the relevant generally binding regulations, in particular the provisions of the Civil Code, the AoPS and the Consumer Protection Act.
11.2 The Principal shall object to the defect by sending a written notice to the Forwarder address to Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to: +420 567 771 111 without undue delay after the defect may have been discovered. The defect may be complained about no later than six (6) months from concluding the delivery of the Consignment. The first sentence of the notice shall indicate the identification of the Consignment which is a subject of the defective performance rights, the decisive facts for exercising the defective performance right and the applied defective performance right.
12 COMPLAINTS, COMPENSATION FOR DAMAGES
12.1 The Forwarder is liable for damage only to the extent specified by law or international treaty (e.g. Convention on the Contract for the International Carriage of Goods by Road – CMR), i.e., the Forwarder shall not be obliged to compensate for damage in the form of lost profits or other consequential damage that may be incurred by the Principal or third parties in connection with the Contract, in particular contractual penalties and periodic penalty payments. The Forwarder shall compensate for the damage beyond the limits up to the amount of:
12.1.1 the purchase price of the item that is the subject of the Consignment;
12.1.2 the current value of the used item;
12.1.3 the auction price of the item purchased in the auction; depending on which amount is the lowest in the given case, but at the same time up to a maximum of CZK 6,000 for each individual Consignment. If the Principal has an additional insurance in the Contract, the maximum amount of performance is CZK 20,000.
12.2 In the event of a breach of obligations by the Forwarder, there is no automatic right to a refund of the price for the services provided. This claim arises only in the event that the Forwarder's actions result in unjust enrichment. In this case, the Forwarder will return the entire price paid to the Principal.
12.3 The Complaints Procedure is further specified in the GLS Claims Handling Rules, which is an integral part of these General Terms and Conditions.
13 DISPUTE RESOLUTION
13.1 Under the Consumer Protection Act, the Principal has the right to out-of-court resolution of a consumer dispute arising from the Contract ("Consumer Dispute").
13.2 The subject of out-of-court resolution of Consumer Disputes within the meaning of the Consumer Protection Act is the Czech Telecommunications Office Sokolovská 219 190 00 Prague 9, in the case of disputes related to postal services provided by the Forwarder, website: www.ctu.cz/ochrana-spotrebitele. In all other cases it is the following entity: Czech Trade Inspection Authority Central Inspectorate – ADR department, Štěpánská 15 120 00 Prague 2, e-mail: adr@coi.cz, website: www.adr.coi.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 contact point for out-of-court settlement of disputes arising from a purchase contract or from a contract for the provision of services agreed 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 under the legislative of the Czech Republic and decided by the competent courts of the Czech Republic.
14. PERSONAL DATA PROTECTION
14.1 The Principal understands that, within the meaning of Act No. 101/2000 Coll. on Personal Data Protection and on amendments to some acts, as amended (hereinafter referred to as the "Personal Data Protection Act") and within the meaning of 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 on the repeal of Directive 95/46/EC (hereinafter referred to as the GDPR), the Forwarder processes, collects and stores personal data of the Principal specified in the contractual documents, or obtained from other relationships related to the mutual cooperation of the Principal and the Forwarder, and other personal data necessary for the provision of forwarding services. Such personal data shall be processed and stored by the Forwarder in the customer database of the Forwarder for the purposes of fulfilling their obligations under the Forwarding Contract, as well as for the purposes of the legitimate interests of the Controller, as well as for information, administrative and accounting purposes related to compliance with the Forwarder's legal obligations. When providing forwarding services, the Forwarder is the controller of personal data.
14.2 The Forwarder processes personal data exclusively for the purpose of providing forwarding and shipping services or additional services (value added services) on the basis of concluded forwarding contracts, to the following extent:
14.2.1 the name, surname, address for delivery or return of the Consignment;
14.2.2 the telephone number for the purpose of notification and information about the status of delivery;
14.2.3 the e-mail for the purpose of notification and informing about the status of the order, confirmation of the conclusion of the contract and business negotiations, when a commercial communication with the offer of the products and services of the Forwarder or a newsletter may be sent to the e-mail provided, when in each commercial communication sent, the Principal has an option to reject this service in every commercial communication sent;
14.2.4 the account number for the purpose of collecting and sending cash on delivery;
14.2.5 the payment card number for the purpose of online payment for shipping the Consignment;
14.2.6 the identification number and VAT number in order to specify the identification of the Principal;
14.2.7 the IP address only in the event of a complaint procedure when the customer disputes the ordering of the service or to control unauthorized access;
14.2.8 Cookies for the purpose of improving the clarity of the website, for logging in/out to the website service, evaluating website traffic.
14.3 The legal reason for personal data processing is the contract concluded between the Forwarder and the person providing such data and the resulting necessity to process personal data for the performance of the Contract, or the necessity is given for the purposes of the legitimate interests of the Forwarder or a third party (Principal, Consignee), e.g. for the purposes of litigation, complaint procedures and marketing, and the necessity is given for the fulfillment of legal obligations (e.g. tax and customs laws).
14.4 The Principal may only transfer the personal data for which they are in the position of a personal data controller. Provision of personal data by the Principal is voluntary, however, if personal data is not provided, the Forwarder is not able to provide forwarding and transport services.
14.5 The Principal undertakes to provide all persons involved in the business relationship between the Forwarder and the Principal, in particular the Consignee, with a legal reason (e.g. consent) for the processing of personal data within the meaning of the Personal Data Protection Act and pursuant to Article 6 para. 1 of the GDPR, for the Forwarder to properly fulfill the obligations arising from the forwarding contract and from applicable national and international legal regulations and international sanctioning arrangements (embargo), and further undertakes that if the Forwarder transfers personal data of Consignees or other persons involved, it will only be data that are collected and processed in accordance with the GDPR, are accurate, correspond to the intended purpose and are to the extent necessary to fulfill the intended purpose, so that the Forwarder can use them in accordance with the GDPR to provide the required forwarding and shipping services. In the event of a breach of the obligations referred to in this paragraph, the Principal shall be liable for damage caused to the Forwarder and undertakes to compensate the Forwarder any damage incurred by the Forwarder.
14.6 The Forwarder and the Principal undertake to fulfil legal information obligations towards all data subjects in accordance with national law and in particular Article 12 et seq. GDPR, which means that both the general information obligation and possible partial replies to data subject's requests or complaints are provided by the Forwarder in relation to their services and the Principal in relation to their services. Both the Forwarder and the Principal are obliged to provide all necessary mutual cooperation in processing of responses to requests and complaints of the data subject.
14.7 The Forwarder has the right to store personal data for the time for which the Forwarder may exercise any rights against third parties, or for the time for which a third party, in particular the Principal or the Consignee, may exercise any rights against the Forwarder, or for the time declared normatively by the law (e.g. tax and customs legislation).
14.8 The principles of maintenance and processing of personal data, as well as the rights and obligations related thereto, including the rights of data subjects and the guarantee of personal data security, are then contained in the document devoted to the protection of personal data, which is available on the website www.gls-czech.com.
15 FINAL PROVISIONS
15.1 The contact details of the Seller: the delivery address is Průmyslová 5619/1, 586 01 Jihlava and the e-mail address is ebalik@gls-czech.com.
15.2 The General Terms and Conditions and the Contract shall be governed by the laws of the Czech Republic. The rights and obligations of the contracting parties which are not regulated by these General Terms and Conditions or the Contract, are governed by generally binding legal regulations, in particular the Civil Code, the AoPS and the relevant international transport agreements 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.), the Convention for the Unification of Certain Rules for International Carriage by Air, as amended (the so-called The Montreal Convention, promulgated under No. 123/2003 Coll.) and the Convention for the Unification of Certain Rules for International Air Transport, as amended (the so-called Warsaw Convention, promulgated under No. 15/1935 Coll.).
15.3 If any provision of the General Terms and Conditions and/or the Contract becomes invalid or ineffective, such provision shall apply in its place the meaning of which corresponds to it as much as possible. The invalidity or ineffectiveness of any of the provisions shall not affect the validity or effectiveness of other provisions of the General Terms and Conditions and/or the Contract.
15.4 Any changes or additions to the Contract or the General Terms and Conditions require a textual form, while the textual form is maintained even using electronic means of communication, in particular e-mail. By agreement of the Parties, it is possible to deviate from any provisions of the General Terms and Conditions.
15.5 These General Terms and Conditions are an updated version of the General Terms and Conditions issued on April 5, 2016 and take effect on July 1, 2022.
GTC for Entrepreneurs
General Terms and Conditions Pertaining to Parcel Forwarding and Management General Logistics Systems Czech Republic, s.r.o. for Entrepreneurs
Průmyslová 5619/1
CZ-58601 Jihlava
Hereinafter referred to as: GLS
These General Terms and 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, under which GLS undertakes to ensure forwarding of parcels and the Principal undertakes to pay the contracted reward – the price of the parcel-forwarding service. The General Terms and Conditions regulate in a binding way the relations established between GLS and the Principal on ensuring forwarding of parcels. The Principal declares that it acquainted with the content of the General Terms and Conditions prior to the conclusion of the Parcel Forwarding Contract and that it agrees with them and accepts them without reserve. By agreement of the Parties, it is possible to derogate from any provisions of the General Terms and Conditions. These General Terms and Conditions shall be adequately applied also to the basic Contracts of Carriage concluded before the effect of the General Terms and Conditions provided that
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 Terms and Conditions mention the Forwarder, this shall be understood as a forwarding agent;
c) should these General Terms and Conditions mention the Principal, this shall be understood as a purchaser of shipment;
d) should these General Terms and Conditions mention the Parcel Forwarding Contract, this shall be understood as a contract of carriage.
1. Introduction, concepts definition
1.1 GLS provides integrated domestic and export parcel forwarding and express forwarding services to business entities, institutions and corporations. These Principals generally act as legal persons, or natural persons undertaking pursuant to the Trades Licensing Act and conclude the framework Parcel Forwarding Contracts with GLS in respect of the use of such services, and pay remuneration for the service periodically, paying of such is settled retrospectively, based on the volume of services provided.
1.2 GLS shall be entitled to refuse the conclusion of the Parcel Forwarding Contract or to suspend the performance thereto for whatever reason, even without giving any reason.
1.3 GLS only forwards carriage-paid-to parcels, i.e. the Principal in all cases pay remuneration for the provision of forwarding services.
1.4 These General Terms and Conditions define the rights and duties undertaken by GLS and the Principal in order that GLS may perform forwarding of parcels at an appropriate standard of quality.
1.5 GLS in all cases provides delivery from the Principal directly to the Consignee (door-to-door) and operates communication devices and an organizational apparatus enabling Principals to obtain answers to all inquiries they may have in relation to parcel delivery, either by phone, via email or via the internet.
1.6 Although the GLS product partly comprises an intermediated service (based on a subcontractor performance), the GLS technology ensures that parcels can be tracked and traced throughout the entire process.
1.7 Definition of terms used in the General Terms and Conditions: Forwarder – trading company General Logistics Systems Czech Republic, s.r.o. Company registration Number 26087961, with its registered office at Průmyslová 5619/1,586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Part C, Insert 66184 (hereinafter referred to as GLS only).
Principal – a natural or legal person acting as an entrepreneur which has concluded a Forwarding Contract with GLS or another contract related to shipment of goods, also by registering and setting up a User Account in the Application www.e-balik.cz as a natural or legal person acting as an entrepreneur. Consignor – an entity designated on the consignment as the “Consignor”.
Consignee – an entity, designated on the consignment as the “Consignee”, which is to accept the consignment.
Consignment (Parcel) – a thing accepted by GLS for the provision of a service under the
Forwarding Contract or another contract related to shipment of things concluded between the Principal and GLS, supplied with a GLS parcel label.
Export Parcel – a thing accepted by GLS for the provision of a service under the Forwarding Contract or another contract related to shipment of things concluded between the Principal and GLS, supplied with the GLS parcel label, where the address of the place of delivery is outside the Czech Republic.
Parcel Label – a label containing a GLS bar code and placed on the upper and the biggest side of the parcel that is used to identify the Consignor, Consignee, and address to deliver the parcel to.
Parcel Forwarding Contract – a contract concluded between GLS and the Principal in writing or in another form based on the provisions of Section 2471 et. seq. of Act No. 89/2012 Coll., Civil Code. Alternatively, by registering and setting up a User Account in the Application www.e-balik.cz. IOD – information on delivery of the consignment provided in electronically or verbally. POD – written confirmation of consignment delivery.
Rollkarte – a list used by GLS, issued according to numbers of consignments in which the Consignee confirms receiving the consignment.
Scanner – an electronic device used to record data during shipment of parcels, including the Consignee’s electronic confirmation of the consignment delivery.
GLS Network – members of the GLS General Logistics Systems at a specific time.
Dispensing Place – the external partner point identified as a GLS ParcelShop or technical device where consignments are dispensed upon the proof of authorization to pick it up.
Offer – a GLS proposal specifying all price terms and conditions, including the amount of the remuneration and the price of each forwarding service. By concluding the Forwarding Contract (see 3.1.) the Principal accepts the Offer and agrees to pay for the provision for forwarding services.
Parcel dispatch system – GLS software, application or online GLS portal used for generating a unique parcel code, printing a parcel label and transferring the required data from the Principal to GLS.
Own parcel dispatch system – a system used for generating a parcel label and transferring the required data not established and supplied by GLS.
Own parcel label – it is a parcel label which is generated by the Principal‘s own system and by own resources on the part of the Principal, or the Consignor. The label shall meet the requirements for the right shape, locating of obligatory information and a correct format of the bar code.
1.8 GLS operates a Customer Service for the Principals at its headquarters, which is open from 7 a.m. to 6 p.m. on business days and provides information, upon parcel reference numbers, on parcel delivery (IOD), sends proof of delivery (POD) to the Principal upon request, and handles any complaints related to consignment delivery.
1.9 GLS also operates an independent Customer Service for the Consignees open from 7 a.m. 6 p.m. A Consignee which calls the number +420 840 123 456 or +420 567 771 111 is supplied information on their parcel upon the parcel reference number. The Customer Service contacts: Phone: +420 567 771 111 Fax: +420 567 771 199 Email: info@gls-czech.com
1.10 Information on the delivery status of consignments is also available at the GLS website www.gls-czech.cz in the main menu, no earlier than the subsequent business day following its receiving, after entering the parcel reference number.
2. Inquiries, complaints management
The Principal or its representative may make enquiries at the Customer Service upon the parcel number and may request the parcel information specified herein: information on delivery (IOD), as well as a delivery certificate (proof of delivery, POD). The parcel information (IOD) of parcels dispatched within the recent 3 months is provided immediately, and the delivery certificate (POD) of consignments dispatched within the recent 3 months is sent within 4 hours. The parcel information is, then, kept to be available for another year minimum; however making it available extends to 3 business days.
2.1 All complaints regarding loss or damage of parcels received by the Customer Service Dpt shall be passed for investigation and handling to the Complaints Department of GLS. Complaints shall be made in writing.
2.2 In the case of a complaint, the Customer Service Dpt receives it, ensures its investigation and undertaking relevant corrective measures, and informs the complainant accordingly upon.
2.3 The Customer Service and Complaints Departments settle all the claims and complaints in writing within the shortest possible time, but not later than within 30 days from the date the complaint is made.
2.4 The complaints are registered and the causes of the errors, if any, are eliminated in accordance with the stipulations of the ISO 9001 quality management system.
3. Purpose and geographical validity of the GLS General Terms and Conditions
3.1 GLS provides the parcel-forwarding service solely upon a valid and effective Parcel Forwarding Contract. The contract may be concluded in a usual form – in writing, electronically in the www.e-balik.cz Application, or alternatively also orally or implicitly after receiving the Offer and in accordance with the content of the Offer. However, in all cases the prerequisite for the contract validity is that the Principal owns a required number of parcel tickets, issued by GLS for shipping the consignments, or the Principal prints the parcel labells and forwarding information on their own in accordance with the GLS system regulations, and uses these labels whenever consignments are dispatched.
3.2 These General Terms and Conditions shall be valid for all the activities of GLS, including primarily for undertaking of integrated parcel-forwarding tasks, collection, loading, unloading, handling and reloading of consignments, temporary storage of consignments in the case of failed delivery as well as for administration of export parcel forwarding within countries belonging to the GLS Network.
3.3 These General Terms and Conditions shall apply exclusively to transport-related tasks covered by contracts concluded with GLS, and therefore they shall not apply to import shipment of consignments in the case the Principal concludes a contract with another member of the GLS Network in accordance with the General Contractual Conditions of the foreign partner.
3.4 The products and services provided by GLS:
a) a domestic integrated parcel delivery service, delivery usually on the day following the collection, provision of information regarding the transit time,
b) integrated export parcel delivery to EU member states and to Norway and Switzerland, in collaboration with the GLS Network,
c) import of parcels sent by members of the GLS Network to the Czech Republic from the above-mentioned countries, customs clearance of the parcels in accordance with the Consignee’s instructions, and parcel delivery.
3.4.1 Domestic integrated parcel forwarding: In accordance with the request of the Consignor, GLS performs parcel pick-up at the location specified by the Principal and parcel delivery keeping them constantly under surveillance from pick-up to final delivery. The Consignor can also keep track of the parcel as well as any information related to the parcel, and the proof of delivery is retrievable at any time (within a delimited period). In the event of an address change, GLS also undertakes to clarify the address and to deliver the consignment to the new address. The service also includes the second delivery attempt following the first unsuccessful one, and – in the event of an address change – the delivery of the parcel to the new address, or, at the Consignee’s instruction, to the original address at a different time.
BusinessParcel: A fast and efficient door-to-door consignment delivery service. Within the Czech Republic, GLS delivers the parcels collected at any town or village during business hours (between 8 a.m. and 5 p.m.) on the business day after the pick-up day. The second delivery attempt is free of charge.
ExpressParcel: Delivery of urgent consignments within the required deadline, no later than by 12:00 on the next business day after pick-up. Only available in certain towns; a list of these towns is available on the GLS website. In the event of a delay due to reasons attributable to the service provider, the transport charge and twice the surcharge charged for the service shall be credited to the Principal as fixed-amount compensation.
BusinessSmallParcel and ExpressSmallParcel: Special handling for parcels under 3 kg: separate sorting, carriage in special GLS bags, simple procedure for designating consignments as “small parcels” using a GLS template.
3.4.2 Export Consignment Shipment (international integrated consignment forwarding service): Consignments are delivered by foreign contracted partners to GLS. GLS, however, ensures that a consignment remains under the surveillance of GLS from its collection to delivery; and that the information related to parcels as well as the related proof of delivery can be retrieved at any time by the customer (within a delimited period). The transit time of export parcels (excluding customs clearance, it is the time from pick-up until the parcel arrives at the depot of the target country to have customs clearance performed) varies according to the target destination, from 1 to 5 working days following pick-up. The time required for customs clearance varies according to the local regulations, and the related charges are borne by the Principal or the Consignee. If in the case of Export Parcel Forwarding the Principal or the Consignee fail to meet payment obligations, GLS shall not have the obligation to deliver the parcel directly to the Consignee and GLS shall have the right to charge the costs emerged provably in connection with customs clearance to the Principal. In the event of an address change, GLS undertakes to clarify the address and to perform delivery to it. The service includes the second delivery attempt in case of unsuccessful first delivery.
EuroBusinessParcel and EuroBusinessSmallParcel: Reliable, quick and efficient road consignment forwarding from the Consignor directly to the Consignee (door-to-door) with convenient delivery times in 41 European countries.
3.4.3 Value-added services available to domestic Principals for special prices: (These services may only be ordered through GLS Parcel Dispatch System.)
Guaranteed24Service: Guaranteed next-day delivery – with this service GLS undertakes to ensure consignment delivery within the Czech Republic on the working day following pick-up, with guarantee of compensation in case of failure to meet this deadline due to GLS fault.
Pick&ReturnService: Pick-up and return – GLS, on the instructions of its contracted partner, collects the parcel at a specified location and delivers it to the Principal anywhere in the Czech Republic. The Consignor is responsible for parcel labelling at the loading location.
Pick&ShipService: Pick-up and shipping – GLS, on the instructions of its contractual partner, collects the parcel at a specified location and delivers it to any specified address in the Czech Republic. The Consignor is responsible for parcel labelling at the loading location.
CashService: Cash-on-delivery – The settlement and bank-transfer of the cash taken upon delivery to the bank account of the Principal performs automatically at least once a week; the surcharge for the service includes the cost of the bank transfer in the particular country. A service fee is also charged in the event of an unsuccessful attempt to deliver the parcel. In the case of an export parcel, with the exception of Slovakia, the Principal must have a current account in the domestic currency (a EUR account kept in Slovenia, a HUF account kept in Hungary, a RON account kept in Romania and a HRK account in Croatia) in order to be allowed to use the service in these respective countries.
ExchangeService: Parcel exchange – GLS picks up an exchange parcel upon the delivery of parcels for which the service has been ordered.
FlexDeliveryService: Flexible delivery – the service offers 5 optional solutions and 3 delivery attempts for flexible delivery and at the same time it ensures continuous information to the Principal via e-mail. The first message contains the information that the consignment will be delivered on the following business day, information on the Consignor and/or the COD amount to be collected. The second message sent on the delivery day contains an anticipated delivery time interval, the contact GLS phone number. The Addressee themselves may decide about the second and third attempt to deliver via an internet application.
AddresseeOnlyService: Confidential consignments – When ordering this service, the Consignor can specify a person to receive the parcel. Delivery of the parcel takes place upon presentation of the identity card or the passport. The number of the identity card or the passport is indicated on the Rollkarte form.
DeclaredValueInsuranceService: Declared-value insurance which may be arranged on a one-off basis for individual parcels. The service may be ordered by filling a request form up via Customer Service, or on-line via the GLS Parcel Dispatch System (on-line only up to CZK 100,000).
AddOnInsuranceService: In addition to the automatically provided insurance coverage, additional flat-fee insurance can be ordered for all types of parcels. The price for the additional insurance is subject to individual agreement.
ThinkGreenService: This is a service of CO2 neutral transport. By ordering this service, the Consignor contributes to projects of greenery planting that compensates CO2 emissions caused by the shipment of the given consignment.
ShopDeliveryService: Consignment delivery for personal collection directly to the GLS ParcelShop selected already when ordering of the transport. ShopReturnService: Possibility of goods returning free of charge to the Consignor via any GLS ParcelShop upon a pre-printed parcel label.
GuaranteedHomeDeliveryService: Comfortable delivery exclusively to a chosen address of the Consignee in the Czech Republic with guaranteed compensation in case of service failure resulting from GLS fault.
4. Consignments, labels, packaging, addressing, sealing
4.1 Careful and adequate packaging of goods ensures that the dispatched consignment is capable of mechanical consignment handling, loading and efficient public-road transportation, enabling the goods to be delivered to the respective address without damage. GLS only assumes responsibility for properly packaged consignments equipped with a proper parcel label.
4.2 In the GLS system, consignments are processed by means of industrial technology. Consignments which may not be processed by means of the usual technology used in parcel forwarding may not be accepted for shipment.
4.3 For packaging, the Principal shall be obliged to meet the following requirements:
a) Only properly sealed consignments with a parcel label are allowed be shipped.
b) Parcels are not allowed to have long, sharp protrusions.
c) Box space must be utilized optimally; the appropriate size and quality of the packaging material and filling out the entire package to protect the goods from damage must be assured. The inner filling of sufficient thickness must protect the goods around the whole circumference. The goods are never allowed to be in direct touch with the shipping cardboard box.
d) Fragile goods must be packaged in Styrofoam or another padding material; the “fragile”, “this side up”, or similar inscription only serves as information and does not guarantee protection of the goods.
e) Electronic devices sent for repair should be shipped in their original, complete packaging, with appropriate padding.
f) Bottles and jars placed in consignments must be packed in the package certified for the parcel transport. Irregular-shaped goods difficult to package must be protected from damage with shrink-wrapping under which another layer of packaging material shall be used.
g) Cardboard boxes must be sealed on the sides with adhesive tape with the Consignor’s company logo displayed, if possible.
h) Boxes tied together in a bundle shall be excluded from the transport. Bundles may disintegrate and only the parcel unit identified with a label will arrive at the destination point.
i) The parcel label, transparent self-adhesive packaging containing a consignment note, and labels denoting special services must be attached to the largest side of the consignment.
j) If multiple consignment is dispatched to the same address, labels indicating the use of special services must be attached to each of the parcels.
k) If the CashService (cash on delivery) is ordered, the total amount to be collected must be sent electronically and in the manner specified by GLS before the commencement of shipment (no later than by the arrival of the GLS driver) in a manner determined by GLS. If CashService (cash on delivery) is not ordered by the Princicpal in the above specified way, or if it is not ordered in compliance with the concluded Forwarding Contract, these General Terms and Conditions or other GLS instructions, particularly if contrary to the GLS Offer it is ordered to a country where GLS Czech Republic does not provide this service, it will not be considered. Using a standard GLS label, this service information must be provided on the parcel itself. The standard GLS label shall always indicate the amount to be collected which must correspond to the value of each part of the consignment. In the case of an incorrect or unclear order, GLS will try to contact the Principal to clarify the data.
l) Hazardous goods are not allowed to be shipped even if they are labelled as such.
4.4 GLS considers important to prevent damage and therefore it offers free advice to its Principals through its web pages or Customer Service on how to proceed in packaging. A “Fragile” label or other similar signs shall in no way exempt the Consignor from the obligation to package the goods appropriately according to their nature. Such label does not protect the goods!
5. Collection of parcels
5.1 Consignments are collected exclusively from the Principal‘s premises registered in the GLS system. The Principals are allowed – based on a separate written consent of GLS – also to ship their parcels provided with parcel and transport labels at the GLS parcel hub, sorting plant, regional depot or GLS ParcelShop. The receipt of these consignments is carried out at prearranged times and the Principal is obliged to unload the consignments on a belt conveyor or other designated place.
5.2 A request for another collection point shall be submitted by the Principal in writing to GLS for approval.
5.3 When picking up the consignments for shipment, the GLS driver does not check the adequacy of parcels, but he/she may refuse to accept those consignments that are clearly inadequate. The pickup of the consignment does not constitute approval of any exception to the valid provisions of these General Terms and Conditions.
5.4 Consignments for shipment are accepted either by the respective driver or a parcel depot employee against an Acknowledgement of Receipt which serves only to confirm the quantity of parcels accepted for transport. The itemised registration and weighing of consignments takes place, in accordance with the provisions of the contract, at a GLS Depot or at the central GLS parcel sorting centre.
5.5 The Principal may use the following options for the documentation of shipped parcels:
a) Electronically generated list of the consignments from the GLS Parcel Dispatch System,
b) Copy of the shipment label,
c) Mini sticker with the parcel number (self-adhesive, 2 copies detachable from the consignment note).
5.6 GLS undertakes to perform billing with the Principal based on the number of shipped parcels. In case of doubt, item-by-item reconciliations can exceptionally be carried out based on the Principal‘s parcel-number records. If agreed between the parties so in the Contract, GLS may also provide consignment data via the computer system.
5.7 If the Principal, without a prior consent of GLS, significantly exceeds the agreed or usually dispatched quantity, weight, or volume of dispatched parcels, GLS has the right to accept the above-limit consignments only after concluding an amendment to the Forwarding Contract.
6. Delivery
6.1 Upon delivery, the carefully packaged and legibly addressed consignment is handed over to the Consignee by the delivery driver. When the driver arrives at the destination to deliver the parcel, he may not be kept waiting; if he is kept waiting, the delivery process may be broken off.
6.2 Parcels are handed over upon signing the receipt by the Consignee, or by other persons who, under the given circumstances, can be assumed to be authorized to take delivery of the consignment. These include, primarily, the persons present in the premises of the Consignee and, for parcels sent to a private address, the persons present at the address. For registered parcels, the Consignee must provide a letter of authorisation. By giving his/her signature the Consignee confirms that the consignment has been delivered properly and it meets all prescribed requirements.
6.3 In the case of delivery of a registered parcel, i.e. “AddresseeOnlyService”, the Consignee is the person designated by the Consignor. This person must provide documents to prove his/her identity. In this case, in addition to the Consignee‘s signature, the number and type of the document presented by the Consignee to prove their identity must also be indicated.
6.4 In the case of the CashService (if such has been ordered), delivery shall only take place after the cash on delivery amount due has been paid and the Addressee shall confirm the receipt of the consignment with their signature. The Consignee shall not open the parcel before performing these actions. The Consignee can pay the COD amount with a payment card or in cash. In case of the COD payment with a payment card, the Principal will be charged extra surcharge in accordance with the currently valid price list.
6.5 If required by the Principal, a standard consignment can be delivered via a dispensing point. Takeover is authorized by the identity card or by the unique password sent by GLS to the Consignee via e-mail or SMS. In such a case there will be no other delivery attempt to the original address.
6.6 During the process of sending consignments, GLS will consider as valid only such instructions it receives from the Principal.
7. Weight and size restrictions
7.1 The Principal may ship consignments weighing up to 40 kg per a consignment. The circumference of the consignment (i.e. 2x height + 2x width + 1x length) shall not exceed 3 m, and the maximum permitted consignment dimensions are: length 2 m, height 0.6 m, width 0.8 m. For a small business parcel (BusinessSmallParcels), the maximum parcel weight is 3 kg and the length is 40 cm. The parcel must be capable of passing through a triangular template for small consignments (approx. 5 x 30 cm).
7.2 Each parcel is weighed by GLS automatically, in accordance with the provisions of the contract, when the parcel arrives at the regional collection depot or the central sorting centre, using electronic calibrated scales. The measured weight is attached to the parcel number and automatically registered. The measured weight data serves as the basic data for the automatic invoicing process.
7.3 Within the GLS system, parcels exceeding the weight of 40 kg or the specified size limits shall not be shipped. GLS shall be entitled to send any consignments which cannot be forwarded due to the above reasons by means of another carrier that undertakes the shipment of such consignments, and to charge any related costs to the Principal. The General Terms and Conditions shall not apply to such consignments, and the declared delivery time shall not be valid in these cases.
7.4 Consignments delivered via a Dispensing Place can have the weight 10 kg max and dimensions: length 1 m, height 0.6 m, width 0.8 m.
8. Objects excluded from the scope of GLS services
8.1 The parcels or items listed below will not be transported by GLS (consignments or goods excluded from providing shipment):
a) goods packaged inadequately and/or not in the standard forms of packaging customary in this industry, i.e. goods which are not packaged and protected in a manner corresponding namely to their weight, shape, character, material they are made of and to their nature,
b) consignments which are clearly overweight or oversized; If GLS accepts such a consignment for the provision of the shipment, it stipulates the right to charge a surcharge for an oversized consignment in addition to the price of freight forwarding services,
c) tied consignments, consignments shipped in wooden crates, consignments obviously damaged,
d) perishable goods, infectious or malodorous goods,
e) human or animal remains,
f) livestock and plants,
g) consignments in sacks, bags, or loose-packaged consignments,
h) cash, precious metals, genuine pearls, precious stones, jewelry, works of art, antiques, stamps and other valuables
i) objects and documents convertible for cash, services or goods, e.g. payment cards, token money, tickets, lots, lottery tickets, securities, including shares, cheques, bills of exchange
j) consignments containing personal identity documents and other IDs or documents, e.g. business documents, documents containing sensitive data etc. objects with sentimental value, unreplaceable objects as well as objects with low value whose loss or damage would however recall high harm,
k) temperature-controlled goods,
l) munitions, 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 under Act No. 119/2002 Coll., on firearms and ammunition, as amended),
m) consignments addressed to the Consignee’s post-office box,
n) in the case of international consignments of goods subjected to consumption tax, for example alcoholic drinks and tobacco products,
o) movables listed in the ADR Convention (international transport of hazardous goods on public roads) or IATA Convention (air transport of hazardous goods) as hazardous goods. In case of any questions or concerns, please contact customer service to obtain the current text of these conventions,
p) vehicle tires motor vehicles (except motorbikes) and lorries without exception, q) rims with and without tires,
r) car batteries,
s) pressure vessels,
t) liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.,
u) goods the value of which exceeds CZK 100,000 or equivalent of EUR 5,000 in the case of export parcels; but if the shipment was ordered via the Application www.e-balik.cz, goods with the value of more than CZK 20,000, or the equivalent of EUR 800 in the case of export parcels.
v) goods or consignments the shipment of which is prohibited under all and any applicable laws (e.g. due to their content, intended consignee, or the country to or from which they are to be sent). Applicable laws include all laws, sub-statutory legal norms or measures (such as ordinances, regulations or measures) which can be used to impose a sanction, any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoes) including measures established by the United Nations, the European Union and the Member States of the European Union.
8.2 If the Principal, or a person authorized by them, passes a parcel containing goods excluded from providing carriage to GLS for shipment without an expressed written consent by GLS, the Forwarding Contract is not concluded, and GLS bears no liability for any damage caused in relation to handing over and delivery of the parcel which is excluded from providing shipment. In such a case, the Principal is obliged to pay to GLS all costs connected and all damage caused to GLS.
8.3 GLS is not obliged to accept parcels which are excluded from providing shipment and has the right (not obligation) to reject these parcels. By accepting a consignment to carriage, GLS does not waive the right to refuse providing shipment if it later obtains reasonable suspicion that the parcel contains objects excluded from providing carriage under these General Terms and Conditions, or under legal regulations or terms and conditions of GLS contractual partners. In such a case, GLS shall be entitled, at the Principal´s costs, after it has informed the Principal, either to deliver the Parcel to the Consignee, or return it to the Principal, or handle the Parcel in a different manner, including its disposal in the last resort case, based on concrete circumstances and suitability so that the occurrence of potential damage or risk is prevented, if possible. The Principal shall be informed about the manner of settlement. If GLS incurs additional costs, the Principal is obliged to pay them.
8.4 In the case of parcels with foreign destination, personal belongings, goods subjected to consumption tax, as well as goods accompanied by an ATA Carnet document are also refused from shipment.
9. Services
9.1 GLS provides services as a carrier agent, and for fulfilling freight-forwarding tasks it uses services of individual carriers whose activities it monitors and guaranteed throughout the entire process and the quality of which it guarantees. Activities performed by the above-mentioned carriers appear in the invoice as mediated services which, due to the nature of such services, are not stated independently.
9.2 GLS accepts consignments for shipment which are sealed and intact, without checking their content, and has them forwarded to Addressees as such, i.e. sealed and without their content being checked.
9.3 In the event of any visible damage to the consignment or the packaging, GLS allows the Consignee to check the content of the parcel upon delivery, and the result of such an inspection is recorded by the delivering driver in a report assembled together with the Consignee. A record on damage is no exercise of the claim for damage.
9.4 Scope, characteristics and conditions of the service:
9.4.1. Services compose of: acceptance of consignments handed over at a GLS Depot, in a parcel sorting centre or at the site designated by the Principal, collection and shipment of parcels to the Consignee, solely carriage paid to. GLS primarily executes the instructions of the Principal, and undertakes to ship the parcel, costs of which are borne by the Principal.
9.4.2. Parcels are released against a signature of the Consignee or of any other person who, depending on circumstances, could be considered as authorized to receive the consignment. These include, primarily, the persons present in the premises of the Consignee and, in the case of registered consignments, only the Consignee or those in possession of the appropriate letter of authorisation. In the case of delivery via a Dispensing Place, delivery is concluded after presenting of the identity card or by entering the specified password.
9.4.3. Consignments handed over to GLS at the pick-up point by 5 p.m. will be delivered within the Czech Republic on the next working day (“24-hour” does not refer to the precise transit time, but only means the next working day). The Principal may also send ExpressParcels (morning deliveries) to locations specified in the list provided by GLS (deliveries performed by 12 a.m. the next working day), under the terms of the contract. In the case of export consignments, the transit time is between 1 and 5 working days (indicative data only), which may be extended by the time required for customs clearance.
9.4.4. If the first delivery attempt is unsuccessful, the second delivery attempt is included in the service. If the first delivery attempt fails due to an incorrect address or other circumstances which can be corrected by the Principal, GLS will call upon the Principal to make the correction. If the second (third with the FlexDeliveryService) attempt is also unsuccessful, the consignment will be returned to the Consignor. Any undeliverable parcels are stored by GLS for up to 5 working days (or for up to 10 working days if the Consignee has indicated being on holiday), after which the parcels are returned to the Consignor, without any separate notification. If the Consignee refuses to accept the parcel, or if the Principal requires transport to be cancelled, the second delivery attempt is not performed, and the parcel is automatically returned to the Consignor.
9.4.5. Information on delivery (IOD) of shipped parcels shall be provided by GLS to the Principal from the morning of the working day following pick-up, either by phone or through the web-based Track&Trace system on the official GLS website. The Principal may request a written proof of delivery (POD) which is free of charge for up to 5 % of the average daily number of parcels consigned by the Principal. GLS is entitled to charge a reasonable document-completion fee if this is justified by the excessive demands for delivery-related certificates. The countersigned consignment note (“Rollkarte POD”) or the acknowledged and signed electronic or scanned receipt replacing it shall qualify as appropriate proof of delivery.
9.4.6. CashService, that is the collection of cash on delivery, is provided in the event of the Principal‘s timely completed order sent via an electronic channel and confirmed by GLS or based on an order recorded in accordance with the provisions and sent by the specified deadline in the GLS Consignment Dispatch System, and only to the countries in which GLS Czech Republic Offers this service. Then GLS is fully responsible for the collection of cash on delivery (upon the proof of delivery or cash receipt). CashService cannot be added subsequently, be cancelled or the COD amount cannot be changed. Any failure to collect the COD amount, however, shall not result in the creation of a debt on the part of GLS towards the Principal, and the Consignee shall continue to be liable for payment of this amount within the framework of the original legal relationship, and the usual insurance conditions shall not cover any uncollected COD amounts. In the case of any uncollected COD amounts, the liability of GLS shall extend to the limit of the collection service fee. In addition to this, GLS shall be obliged to cooperate in the subsequent collection. If collection of the COD amount fails due to reasons demonstrably attributable to the willful misconduct or negligent business conduct of GLS, a damage claim in this respect may be raised in accordance with the Civil Code. The amount to be collected per one parcel may not exceed CZK 60,000 (sixty thousand CZK); however if the shipment was ordered via the Application www.e-balik.cz, the cash on delivery amount per consignment may be maximum CZK 20,000 via the Application www.e-balik.cz.
9.4.7. When ordering the CashService, the Principal acknowledges that GLS is an entity responsible only for collecting the amount and that GLS is not authorised to act on behalf of the Principal or to conclude any contract with the Consignee on behalf of the Principal. In addition, GLS points out that it is not a liable entity under Section 2 of Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and financing of terrorism; which does not mean that the Principal is not this liable entity. The Principal is obliged to follow all the obligations stipulated by Act No. 253/2008 Coll.
10. Parcel forwarding fee, reimbursement of costs
10.1 GLS and the Principal shall, under the Parcel Forwarding Contract and any amendments thereto, agree upon the prices (the contract is also to be deemed concluded if the Offer has been accepted either verbally or in writing, or if consuming of the service has commenced). The prices are based on a volume weight assumption of 1m3 = min. 300 kg.
10.2 The payment of returned goods, redirected parcels and goods of unusual sizes from the Principal are settled in accordance with the currently valid price list.
10.3 In cases of parcels shipped to non-EU countries, GLS only undertakes to provide export parcel forwarding with DDU or DDP rules.
10.4 Special customs clearance orders are performed by GLS exclusively on the basis of a prior agreement!
10.5 In case of export parcels, the Principal is obliged to conclude duly an agreement upon bearing of costs with the Consignee on which costs shall be borne by which party. The Principal is obliged to submit the related order to GLS in compliance with such an agreement.
10.6 For shipment of export parcels, the Principal undertakes to acquaint themselves with applicable legislation of the destination country and is responsible for accuracy of the specified delivery rule. If, based on the given delivery rule, the foreign Consignee is obliged to pay customs fees, taxes, costs and expenses, and the Consignee fails to meet these requirements, the GLS’s obligation to deliver the parcel directly to the Consignee ceases and the shipment is considered to be performed upon its delivery to the customs warehouse or a similar place according to the target destination. If GLS incurred any costs caused by the Consignee or due to breach of the Principal‘s obligations specified in this paragraph, the Principal is obliged to pay all such costs incurred to GLS, even if the parcel has not been delivered directly to the Principal.
10.7 The Principal acknowledges that even if the consignment is exempted from taxes and customs duty, this does not mean that there may not arise customs clearance fees or other costs and expenses in relation to customs proceedings or other similar proceedings. The Principal shall be obliged to pay all expenses to GLS which GLS as a forwarder had to pay for the foreign Consignee or the Principal.
10.8 In case that in connection with the CashService COD amount is paid via payment card, the Principal undertakes to pay additional costs for the executed cashless payment under the current price Offer, and this amount will be invoiced to the Principal together with the other services.
10.9 GLS has the right to react to the current price development of fuels and to charge fuel surcharge. The price shall also include so-called toll surcharge the amount of which is set upon the current toll rates in the given calendar year. The number of surcharges and the method of their calculation are part of the current Offer as of the day of its processing and they are available at www.gls-czech.com. However, the fuel surcharge and toll surcharge amounts are updated every month according to the price development. In the event of any discrepancy between the data provided in the Offer and at www.gls-czech.com, the information provided on the website shall apply unless the parties agree otherwise.
10.10 GLS has the right to modify the Offer unilaterally in the case of Principal‘s long-term deviation from the consignment parameters which gave the platform for the Offer calculation, or if it is justified by significant changes in the operating, overhead and other costs on the side of GLS. If the Offer is modified, GLS is obliged to notify the Principal of such modification at least ten calendar days prior to the entry of such modification into force. If the Principal notifies GLS in writing or via e-mail of their disagreement no later than one business day before the effective date of the proposed changes, or if the Principal orders parcel shipment after the effective date of the proposed changes, it is considered as the Principal‘s agreement with the proposed modifications or amendments.
10.11 GLS reserves the right to change the prices specified in the price list of the Application www.e-balik.cz and to make other necessary changes to the Application. The Principal shall pay the Price before handing over the consignment for shipment via a payment gateway or via a prepaid credit. The details of the credit method of payment are set out in Section 21 of these Terms and Conditions.
10.12 If the Principal expresses their disagreement with the modification of the Offer, they are entitled to withdraw from the Forwarding Contract. If the Principal fails to do so, they are bound by the new Offer beginning on the first day of its effect.
11. Rights and obligations of the Parties
11.1 The Principal is obliged to package each consignment in compliance with industrial standards pertaining to parcel handling, to provide the consignment with adequately completed standard GLS parcel labels and documents. The address of the consignment – especially the Consignee’s details – have to be complete.
11.2 The Principal is obliged to pass all the shipping data to GLS before the commencement of shipment in an electronic manner and in an approved format. In case of any missing data, GLS has the right to suspend shipment even without the prior notice and to return the consignment to the Principal or the Consignor.
11.3 GLS shall not be liable for any errors in filling-in labels or errors in the transmitted data.
11.4 GLS is not obliged to warn about any incompleteness or incorrectness of documents or data.
11.5 The Principal is not entitled to conclude on its own behalf the Parcel Forwarding Contract with GLS to the account or in favour of third parties without a written consent by GLS. Such a written consent shall contain especially the Principal‘s duty to inform third persons duly on the carriage terms and conditions and to adjust the related Principal‘s responsibility. In case this obligation is broken by the Principal, GLS is entitled to suspend the process of parcel delivery and to withdraw from all contracts concluded with the Principal immediately.
11.6 The Principal is not entitled to resell GLS transport services to third parties without the written consent of GLS.
11.7 The Principal is further liable to GLS and to every carrier authorised by GLS and their customers for all damage and injuries caused by the Principal failing to meet some of its obligations hereunder, in particular for damage caused by the consignment or its contents.
11.8 The Principal is obliged to pay the service charge by the defined deadline, by bank transfer to the bank account of GLS.
11.9 If the Principal consigns goods excluded from GLS services, see Article 8, or fails to meet its obligations set above, GLS may temporarily refuse to provide the service.
11.10 The Principal is liable for the misuse of the parcel label in the full scope. The Principal is obliged to:
a) furnish each consignment with one valid parcel label; all old labels have to be removed;
b) use solely the allocated numerical series of the parcel labels and once these are used up, to apply for issuing of a new numerical series;
c) refrain from using numerical series other than the allocated one. It may not use the same numerical series repeatedly.
d) make sure that two different consignments are not equipped with an identical parcel number.
11.11 The Principal may not pass the parcel label to other persons. In case this happens, they shall be liable for the parcel label as if it has used it for the carriage of its own consignments.
11.12 If the Principal breaches the above stipulated obligations, GLS is entitled to block the numerical series allocated to the Principal for printing of the parcel labels and to charge a fee (contractual fine) CZK 500 for each individual breach.
11.13 GLS reserves the right to reject, suspense, cancel, postpone or return any consignments at any time if such a consignment could damage or delay other consignments in the opinion of GLS. The same holds also in case parcel shipment is not in compliance with legal regulations or any other provision of these General Terms and Conditions, or in case the Principal has a receivable overdue towards GLS. The fact that GLS takes over a consignment does not mean that such a parcel complies with valid legal regulations or with these General Terms and Conditions.
12. Right of disposal
12.1 The Principal may, in the absence of the Consignee, authorise GLS to deliver the consignment to a neighbour or another appropriate person, or to the mailbox or to the dispensing point. In the case of such – written or verbal – authorisations, the certificate of receipt (IOD, POD) will be prepared in a modified format.
13. Invoicing, payment
13.1 GLS performs the service exclusively on the basis of the payment of the price for forwarding services by the Principal; it does not ship unpaid consignments where the price for transport is to be paid by the Consignee. GLS acquires the right to be paid the price at the moment of handing over the consignment for shipment.
13.2 The invoice for the service is always prepared in arrears, in one or two invoicing cycles per month, as agreed.
13.3 GLS invoices the performance by a service type, in a single amount, on the platform of the consignment registration in the first (initial) GLS hub.
13.4 The credit period is 7 calendar days from the date of the invoice issue. Invoices are always settled by bank transfer. The Principal is obliged to settle the invoice by bank transfer by the specified due date. In the event of delay with the payment of an invoice, the Principal is obliged from the first day of delay to pay interest on late payment amounting to 0.05 % daily of the amount due and expenses incurred in relation to the collection of the overdue receivables to GLS.
13.5 The Principal acknowledges that GLS has the right of lien with respect to the consignment under Section 2481, Civil Code, and in case of failure to pay the price for forwarding services, GLS is entitled to satisfaction of its receivable from the proceeds of the lien converted into cash pursuant to the provision of Section 1359 et. seq. of the Civil Code; the pledge can be sold via self-help sale. Self-help sale is performed via a notification by GLS to the Principal on the commencement of exercising the right of lien, and after 30 days from the notification, GLS has the right to sell the consignment.
13.6 GLS is further entitled to charge to the Principal a difference between any discounted price and the price according to the basic price list of GLS also retrospectively for the issued and due invoices. In the event of delay, the Principal is obliged to hand over to GLS all the allocated parcel labels and GLS is entitled to block up the numerical series allocated to the Principal for printing the parcel labels and it is also entitled at any time without any previous notice to suspend providing of service forwarding. GLS is further entitled unilaterally to offset its due receivables owed by the Principal the payment of which is delayed by the Principal, all CashService amounts collected upon delivering of consignments from the Consignees, which it is normally obliged to pay to the Principal. GLS is obliged to notify the Principal on the performance of the offset.
13.7 All invoicing shall be carried out electronically. In the event the Principal requires invoices in paper format, the forwarder may charge a fee for creation and delivery of the invoice in paper format.
13.8 If GLS (to the detriment of the Principal) invoiced its claim for paying the price for a service to the Principal incorrectly, the Principal is entitled to notify GLS of this fact in writing, specifying the particular incorrectness, within 30 days of invoice delivery (complaint against the invoice). If the Principal fails to do so, it is assumed that the invoice is error-free and GLS is entitled to the payment for the service charged in the invoice. If the invoice is incorrect, GLS shall bill correctly the price for a shipment service within thirty days of delivery of the incorrect invoice notification to the Principal.
14. Parcel Dispatch System
14.1 The data transmission between the Principal and GLS, services of ordering and printing of particular parcel labels are performed solely with applications provided by GLS if there is not any exception agreed in compliance with Article 14.5 of these Conditions. The applications are: GLS Connect, GLS Online, GLS API and MyGLS and the Application www.e-balik.cz.
14.2 The flawless operation of applications requires a reliable connection to the Internet on the side of the Principal.
14.3 Information on applications is available on the GLS website and in the documentation of the given application. The support is provided by the GLS customer service.
14.4 GLS is not reliable for any damage from misuse or incorrect setup of an application, incorrect printer setup, or damages caused by unprofessional intervention into configuration and source files of the application.
14.5 If the Principal or the Consignor is not able to use standard GLS systems for parcel dispatch, an exception may be awarded, and usage of an own software solution may be allowed based on signing the amendment to the Forwarding Contract in the form of the Agreement on using own system for printing labels.
14.6 In case the Principal does not draw the Agreement on using own software, they do not have the right to exercise complaints about any disaccord which emerged by incorrect data transmission or a wrong format of the parcel label.
15. Warranty
15.1 Guarantee of the transport time for national and international parcels shall not apply. These are usual transport times. Within the scope of CMR agreement, the warranty regulated in the CMR shall be applied.
16. Damage incidents
16.1 GLS provides compensation coverage (in line with the arranged parcel insurance) for the Principal in each parcel, in the event of provable damages attributable to GLS, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the consignment. Damage is calculated in accordance with legal regulations, and its maximum height is only limited to a damage of the consignment, i.e. to the costs of its repair or repeated purchase of the damaged item, that is only to real direct damage (real damage is the value by which the value of the consignment is reduced as a consequence of the accident) and it shall not extend upon any subsequent damage (inter alia not to lost profit, income, profit, future business, sanction for delay, contractual penalties, fines, etc.). i.e. indirect damage and lost profit are not compensated. Liability for damage caused by Force Majeure is excluded.
16.2 Apparent breach or damage to the packaging may be contested no later than upon the consignment delivery. A record on damage on a GLS form shall be made immediately regarding the scope of damage or partial loss of the contents of the parcel.
16.3 In case of damage that is not apparent upon delivery, justified grounds for legitimate claims for compensation are established in the event that the written claim for compensation is submitted by Principal to GLS within 3 working days from delivery, or returned delivery, and if the damage is demonstrably due to reasons attributable to the service provider. In case of intact packaging of the parcel, GLS shall not be liable for mechanic, electric or electronic damage of the content even if the internal packaging of the parcel was sufficient. The Consignee, or the Principal, is obliged to provide GLS with a sufficient opportunity to check the damaged parcel either personally or through an authorized person. The Consignee, or the Principal, may not handle this consignment until this time and it is also obliged to keep a packaging of the parcel intact. Provided the Principal fails to submit its claim within the above stipulated time period, if it does not provide the parcel to GLS for inspection, or if it tampers the consignment without authorisation, their claim to damages becomes invalid.
16.4 In other cases not listed in the previous paragraphs, grounds for compensation claim shall be established only in the event such a claim is submitted by the Principal to GLS in writing within 60 calendar days from the day the consignment was passed over for shipment.
16.5 The amount for shipping also contains basic insurance. The insurance amount covers the costs of repair or compensation to which a service fee may also be added, however, not exceeding CZK 20,000. However, if the Principal hands over a parcel for shipment in accordance with provision 8.1u) of the General Terms and Conditions, the value of the parcel exceeds CZK 20,000, the Principal is obliged to inform GLS on this fact in writing (via e-mail) and communicate the actual value of the consignment; in addition, it is obliged to ensure additional insurance for the parcel. If the Principal fails to do so, the parcel is considered as a parcel containing things (goods) excluded from shipment in accordance with the provisions of Article 8 of these General Terms and Conditions. However, if the shipment was ordered via the www.e-balik.cz Application, the basic insurance is included in the shipment price, only up to CZK 6,000. However, if the Principal submits a consignment via the www.e-balik.cz Application in accordance with clause 8.1.u) of the General Terms and Conditions, the value of which exceeds CZK 6,000, they are obliged to inform GLS in writing (by e-mail) and communicate the actual value of the consignment and they are also obliged to ensure additional insurance of the consignment. If they fail to do so, it is a consignment containing goods excluded from transport in accordance with the provisions of Article 8 of these General Terms and Conditions of goods with the value of more than CZK 20,000, or the equivalent of EUR 800 in the case of export parcels.
16.6 The extent of GLS liability for damage is limited, in the case of loss, destruction or damage to the consignment while providing carriage or of a parcel taken over by the Forwarder for shipment or to deeds related to shipment or in any other case with the amount calculated under legal regulations, maximum but equal to the direct damage up to maximum CZK 20,000, shipment ordered via the www.e-balik.cz Application up to maximum CZK 6,000, per one loss occurrence or more cases of loss occurrence, however showing the same damage cause. In the case of additional insurance of the consignment, the maximum value of damage increases according to the amount of the additional insurance.
16.7 The Principal may take out insurance of the consignment for a higher value; the insurance can be taken only after paying an extra charge. Although such insurance policy is only concluded after payment of a surcharge and GLS consent certifying the extension of coverage. Mere stating the data of the consignment value (price) shall not be considered an order to take out insurance policy.
16.8 If GLS delivers a parcel with a delay, fails to collect money for CashService, fails to send back a confirmed consignment note, but it may prove the delivery of the parcel in its own system (IOD, POD) in a credible manner, this shall not be considered a loss occurrence. In such cases the claim of the Principal can only be enforced solely against the Consignee, and GLS shall only bear liability up to the limit of the service fee.
16.9 If there was a damage due to recapture or suspension of the consignment or other measures taken abroad under or based on a provision valid abroad, the damage compensation shall not belong to the Principal.
16.10 Without the consent of GLS, the Principal has no right to assign its insurance claims to any third party.
16.11 GLS shall not provide any insurance coverage for valuables which are already covered by other insurance policies. The Principal is entitled to arrange a supplementary insurance policy.
16.12 If GLS acknowledges any claim for the payment of damage compensation, it shall ensure that damages are paid within ten working days from the end of the claim procedure.
16.13 The procedures to be followed to handle insurance events are regulated by GLS in the Complaints Regulations that are published on GLS website www.gls-czech.com.
16.14 In the event of a breach of obligations by GLS, there is no automatic right to a refund of the price for the services provided. This claim arises only in agreed cases or in the event that GLS deeds would result in unjust enrichment. In this case, GLS will return the entire price paid to the Principal.
17. Limitation clause
17.1 Any legal claims against GLS are subject to the statute of limitations after expiration of a one-year limit. The statute of limitation starts running on the day the entitled party learned or could have learned of its claim, however, no later than on the day of delivery.
18. Written form
18.1 In some cases, GLS reserves the right, in respect of certain issues, to conclude an agreement with terms different from these General Terms and Conditions. Extension and supplementary agreements, as well as any other agreements, shall only be valid if concluded in writing.
19. Severability / Jurisdiction
19.1 If any of the provisions of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the other provisions thereof. Such invalid provision shall be replaced with a provision that fulfils the business purposes of the original provision as closely as possible.
19.2 Any controversies, disputes, or claims arising from the contractual relation of GLS to the Principal shall be first settled amicably. Provided it is not possible to settle these disputes amicably, the contracting parties have agreed that in accordance with Section 89a of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, the court of local jurisdiction in case of disputes arising under concluded contracts or the present General Terms and Conditions shall be the court competent according to the registered office of GLS.
19.3 In case of doubts, the issue of the General Terms and Conditions in the Czech language shall apply.
19.4 GLS reserves the right to amend the present General Terms and Conditions, or Offers, at any time, also without giving the Principal previous notice. If GLS makes such a change of the General Terms and Conditions, it makes the new version of the General Terms and Conditions on GLS website https://gls-group.com/CZ/en/terms and Conditions. The change to the General Terms and Conditions of GLS will, then, be announced also via an information text in the invoice, or via e-mail. The Principal has the right to reject and is entitled to withdraw from the Forwarding Contract. If they fail to do so, they are bound by the new General Terms and Conditions.
19.5 In case there is an interpretative discrepancy between the General Terms and Condition and other applicable documents amending the contractual relationship between GLS and the Principal, the interpretation is ordered as follows: The Forwarding Contract including amendments, the General Terms and Conditions, other applicable documents.
19.6 GLS may limit or suspend the parcel forwarding service and not meet the conditions under the terms of these General Terms and Conditions if this is required due to an event of force majeure or a regulatory measure. GLS may, due to traffic limitations or bad meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules. In such a case, GLS shall inform the Principal about all these service limitations or suspensions. In these cases, the Principal shall not be entitled to raise any claims for damages mentioned in paragraph 16.
20. Data protection, obligation of confidentiality
20.1 The Principal understands that under the terms of Act No. 110/2019 Coll. on personal data processing, as amended (hereinafter referred to as “Act on Processing of Personal Data”), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) GLS processes, collects and maintains personal data of the Principal stated in contractual documents, or obtained from other relations connected with the mutual collaboration of the Principal and GLS, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by GLS in GLS customer database for the purpose of fulfilling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of GLS. When providing forwarding services, GLS is the Controller of personal data.
20.2 GLS processes personal data exclusively for the purpose of providing forwarding and shipping or additional services (services with value added) based on the agreed Forwarding Contracts in the scope in which they were provided to GLS based on the Forwarding Contracts, in particular within the following scope:
20.2.1 the name, surname, address for the purpose of parcel delivery or returning,
20.2.2 the telephone number for the purpose of notification and providing information on the delivery status,
20.2.3 the e-mail address for the purpose of notification and providing information on the delivery status, confirmation of contract conclusion and for marketing purpose when direct marketing with goods and services Offers of the GLS or newsletter may be sent to the provided e-mail, while the Principal has an option to reject this service in every business message sent,
20.2.4 the account number for the purpose of COD choosing and sending,
20.2.5 the IP address solely for the purpose of claims proceedings when a customer disagrees with a service order or for checking of unauthorized accesses,
20.2.6 Cookies for the purpose of website transparency improvement, for signing in/out for a web service, website attendance assessment,
20.2.7 the identification number of the Principal for the purpose of invoicing for the performed services and unambiguous identification of the company of the Principal
20.3 Personal data processing is lawful when a contract is concluded between GLS and a person providing this personal data, and thus personal data processing is necessary to fulfil the contract, or further the necessity is based on the purposes of legitimate interests pursued by GLS or a third party (the Principal, the Consignee), e.g. on the purposes of litigations, complaints handling and marketing, and the necessity is further given by the compliance with legal obligations (e.g. tax and customs laws).
20.4 The Principal is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Principal is voluntary; nevertheless, if the personal data is not provided, GLS is not able to provide forwarding and shipping services.
20.5 The Principal undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defined in the Personal Data Processing Act and in Article 6 Par. 1 GDPR in all persons participating in the business relation between GLS and the Principal, esp. in the Consignor and Consignee, so that GLS could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and from international penalty clauses (embargo), and the Principal further undertakes that if they transfer personal data of Recipients or any other participants to GLS, 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 is limited to what is necessary in relation to the purposes for which it is processed so that GLS could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Principal shall be liable for any damage caused to GLS and commits themselves to compensate all the damage caused to GLS.
20.6 GLS and the Principal undertake to meet their information obligations against all data subjects under the national legal regulations and especially under Article 12 and following of GDPR, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by GLS as related to their provided services, or by the Principal as related to their provided services. GLS as well as the Principal are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.
20.7 GLS has the right to maintain the personal data for the time which GLS may need it for exercising any rights against third parties, or for the time which a third party, esp. the Principal or the Consignee may need to exercise their rights against GLS, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations). The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com.
20.8 GLS undertakes to inform the Principal electronically on:
a) the process of parcel delivery in the form of a detailed parcel information description. The Principal announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Consignee’s email address, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfilled (so called reports).
b) collected COD amounts in the form of a detailed description. The Principal announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Consignee’s e-mail address, and they ask GLS for supplementing this personal data with the information on the COD amount (e.g. amount, date of COD collecting and parcel delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process, including checking the COD amount collecting, and checking that contractual duties are fulfilled.
c) the detailed breakdown of provided services in the form of an electronic invoice appendix. The Principal announces that GLS passes in this context the parcel Consignee’s personal data, esp. name, surname, delivery location, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfilled. The Principal declares that they have the right to process personal data in the way defined in this paragraph, including the instructions towards GLS, and that this way of personal data processing complies with the respective legislative (e.g. GDPR).
20.9 The Principal is responsible for the consequences and damages resulting from any misuse of access permissions and passwords to GLS systems and interfaces. GLS establishes these accesses for persons authorised under the Contract, or for those authorized by the Principal. The Principal is obliged to take the necessary measures against their abuse.
20.10 GLS familiarise themselves with the contents of the forwarded parcels to the extent necessary, and only if necessary for performing of the service.
20.11 GLS:
a) may not open any packaged and sealed parcels – unless stated otherwise by the law, the Contract or the present General Terms and Conditions;
b) may examine any non-sealed parcels to the extent necessary for the purpose of ascertaining the data necessary for dispatch, sorting, forwarding and delivery;
c) may not disclose any data obtained during the performance of the service to third parties – except for the Principal, the Consignor, the Consignee (or other authorized recipients), and the authorised state authorities;
d) may not hand over the consignment – for the purpose of examining its content – to persons other than the Principal, the Consignor, the Consignee (or other authorised recipients), and the authorized state authorities;
e) may not provide any information about provided services to persons other than the Principal, the Consignor, the Consignee (or other authorized recipients) and the authorized state authorities.
20.12 GLS may open and seal a parcel if:
a) It cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the contract;
b) there is a reasonable suspicion that it contains an item considered dangerous under the General Terms and Conditions, or an item whose transport is excluded;
c) it has been damaged;
d) there is a well-founded concern that the damage has occurred or might occur as a result of the service; or
e) it is necessary to comply with the obligations imposed on the Forwarder by a special legal regulation.
20.13 The parcel may be sold by GLS in order to recover the unpaid remuneration for the service of carriage agent.
20.14 GLS regulates the process of parcel opening, and records individual actions taken in a report. The fact that the parcel has been opened has to be indicated on the consignment, and, if possible, the Consignor must be notified accordingly, and has also to be given reasons for this act.
20.15 GLS is entitled to sell or to destroy the consignment that is not possible to be delivered or returned after 6 months from its takeover. If it is necessary for reasons of health, environment, or property protection, GLS is entitled to destroy the parcel even before the expiration of this period. GLS has the right to destroy the parcel in which the right of lien has not been executed successfully under Article 13.5 of the General Terms and Conditions, i.e. if GLS failed to sell the parcel or if there has not been anybody interested in buying the parcel within 3 years from the parcel was taken over for shipping.
21. Terms of using the credit system Application www.e-balik.cz
21.1. The Principal meeting the following conditions is referred to as 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 the condition that it is a business entity with a valid ID number must be met.
21.2 Credit means the sum of the User's funds within the Application provided by the User to GLS in order to pay the Price in the future of the provided shipping services.
21.3. The User's credit can be credited only in the Czech currency via one of the supported payment methods. The credit can be recharged in the amount of any amount of money ranging from CZK 500 to CZK 10,000, including VAT, even repeatedly. The maximum possible amount of the credit balance may amount to a maximum of CZK 15,000, including VAT. The User is not entitled to transfer the credit from his/her account to the account of another User.
21.4 GLS shall issue to the User electronically on his/her email confirmation of payment received and the number of credits credited to his/her account. GLS is entitled to deduct the value of rewards for ordered forwarding services from the credit.
21.5 After the end of the month, the user will receive a tax document – an invoice for the shipment services provided, indicating the number of shipped consignments and the total price after applying discounts to their e-mail with the possibility of downloading this tax document also in the Application.
21.6 In the event that the User's credit balance exceeds the specified limit of CZK 15,000, including VAT, GLS reserves the right to prevent further top-ups of the credit above this specified amount, and at the same time, if such an over-limit payment is made, GLS is entitled to return such payment to the account from which the User made the payment.
21.7 In the Application, the User has access in his/her user account to view the credit balance and to an overview of the transactions carried out. In the event of discrepancies, the User is entitled to claim the amount of the credit balance or the executed transaction at GLS immediately after finding the discrepancy, but not later than within three months from the completion of the claimed transaction. Upon expiry of this period, the entitlement shall lapse. The user is obliged to prove the facts claimed in the complaint.
21.8 The User has the right to ask GLS for a refund of funds provided to the credit system up to the current balance. As part of the request, the User shall indicate the amount he wants to refund and the reason for the refund. The funds will be returned 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 the application in the form specified by it (e.g. written form, officially certified signature, etc.). GLS is entitled to charge a cancellation fee for the return of the credit in the amount of CZK 500.
21.9 GLS reserves the right to block the charging or drawing of credit on the User's account if there is a suspicion of unauthorized or unlawful manipulation of the account, access data or means of payment (e.g. payment by a stolen payment card) or in the event of a breach of the User's obligations.
21.10 The User agrees that GLS shall not be liable for any temporary malfunction or unavailability of the Application or domain https://e-balik.cz and shall not be liable for credit manipulation due to insufficient security of access data by the User.
21.11 The User agrees that in the event that the credit is not exhausted for a period of 2 years from the last change in the credit balance, the unused credit shall be forfeited to GLS and the User shall no longer be entitled to demand a refund of the credit. These General Terms and Conditions are the amended version of the General Terms and Conditions issued on April 1, 2005, and are valid with effect from July 1, 2022. These General Terms and Conditions and the standard price list are published by GLS on the www.gls-czech.com website.
Further information regarding the use of the services – i.e. detailed description of the services, printed material, forms, guidelines – is provided to the Principal in paper form as a "User Manual" and is also available on the website www.gls-czech.com. Further information regarding the use of services – i.e. a detailed description of the services, printed materials, forms, guidelines – are provided by GLS to its Principal in a printed form in the “User Manual“ and are also available via the GLS website.
GTC for consumers
General Terms and Conditions pertaining to parcel forwarding and processing of consignments to consumers via www.e-balik.cz of the company General Logistics Systems Czech Republic s.r.o., Průmyslová 5619/1, CZ-58601 Jihlava hereinafter referred to as: GLS
1 OPENING PROVISIONS
1.1 These General Terms and Conditions were established on the basis of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, and thus supplement the legal regulations specified in the provisions of §§ 2471 et seq. of the aforementioned Act and form an integral part of the Parcel Forwarding Contract, under which GLS undertakes to arrange consignment forwarding on the basis of payment of the agreed remuneration by the Principal. If the place of dispatch and the place of delivery are in the Czech Republic, the postal service is also provided, the provisions of Act No. 29/2000 Coll., on Postal Services (hereinafter referred to as AoPS) shall apply to the legal relationship and thus the forwarding postal contract (hereinafter referred to as the "Contract") shall be concluded and these General Terms and Conditions shall apply to these relations.
1.2 The Principal declares that prior to the conclusion of the Contract, it became acquainted with the content of these General Terms and Conditions, that it agrees with them and accepts them without reservations.
1.3 For the purposes of these terms and conditions (the “General Terms and Conditions”), the forwarder is General Logistics Systems Czech Republic s.r.o., with its registered office at Průmyslová 5619/1, 586 01 Jihlava, Company ID: 260 87 961, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 66184 (hereinafter the “Forwarder”). The Forwarder is an entrepreneur acting as part of its business or other business activities and provides forwarding and postal services arranged through the Forwarder's application called "e-Balík" available on the website www.e-balik.cz (the "Application").
1.4 The Principal is a natural person acting in the position of a consumer (the "Principal").
1.5 The wording of the General Terms and Conditions may be amended or supplemented by the Forwarder accordingly, and such changes shall be notified to the Principal at least thirty (30) days prior to the effect of such a change through the Application and by publication on the website www.gls-group.eu/EN/en/home/.
2 USER ACCOUNT
2.1 When registering and creating a User Account in the Application, the Principal is obliged to provide all data correctly and truthfully. The Principal shall update the data stated in the User Account in the event of any change. Access to the User Account is secured by a username and password. The Principal is obliged to maintain confidentiality regarding this access information and acknowledges that the Forwarder is not responsible for the breach of this obligation by the Principal. The Principal is not authorized to permit the use of a User Account by third parties.
2.2 The Principal is entitled to request the cancellation of the User Account from the Forwarder at any time and without giving any reason.
2.3 The Principal is obliged to inform the Forwarder immediately in the event of misuse of his User Account. In the event of misuse of the User Account or when using the Application in violation of the Contract, the Forwarder has the right to block the User Account for the necessary time. The Principal is obliged to compensate the Forwarder for the damage caused by the misuse of its User Account.
3 CONTRACT
3.1 The Contract is concluded in the Czech language.
3.2 The Principal shall execute the order using the form available in the Application. The Principal may place multiple orders in the Application at the same time.
3.3 In the order, the Principal shall provide the correct data at least to the following extent:
3.3.1 identification and contact details of the Principal unless such data is filled in according to the Principal's data from the User Account;
3.3.2 information on the dimensions of the Consignment or its weight, which is decisive for the calculation of the price;
3.3.3 data necessary to identify the Consignment;
3.3.4 details of the consignee of the Consignment (the "Consignee") at least to the extent of the name, surname, address and telephone number in the case of a natural person and the name, registered office, contact person and telephone number in the case of a legal person;
3.3.5 data on the date and method of delivery of the Consignment for shipment and the method of transport and delivery of the Consignment;
3.3.6 an instruction that the Forwarder, upon delivery of the Consignment from the Consignee, is to receive the money or perform another collection operation before issuing the Consignment or a document enabling the Consignment to be handled to the Consignee, including the amount specified above ("Cash on Delivery");
3.3.7 confirmation that they agree with the General Terms and Conditions and the Privacy Policy and that they understand their content, including confirmation of being informed about the possibility of withdrawal from the contract and the request to start services before the expiry of the withdrawal period; ("Order").
4 ORDER
4.1 The order shall be valid only after completing all the required data in the Order Form available in the Application.
4.2 Prior to placing the Order, the Principal is allowed to check, correct or change the data entered in the Order.
4.3 The Forwarder shall acknowledge receipt of the Order to the Principal by e-mail to the address specified by the Principal in the Order without undue delay.
4.4 The Contract is concluded at the moment of delivery of the Order confirmation to the Principal. The contract is concluded with a condition precedent to full payment of the remuneration pursuant to Article 5.
4.5 The Principal agrees to use means of remote communication when concluding the Contract. The costs incurred by the Principal when using remote means of communication in connection with the conclusion of the Contract (e.g. on the Internet, telephone, etc.) are in the normal amount, depending on the tariff of the Principal's telecommunications services. These costs are borne by the Principal.
5 PRICE OF FORWARDING SERVICES AND METHOD OF PAYMENT
5.1 The current prices for the delivery of the Consignment under the Contract (the "Price") are listed in the price list available in the Application. During the implementation of the Order, the Application displays the total price, which is final, including VAT, all discounts, taxes and fees (in particular the insurance fee for the Consignment, fuel surcharge, tolls).
5.2 The Forwarder reserves the right to change the prices specified in the price list in the Application and make other necessary changes in the Application.
5.3 The Price does not include the costs associated with the packaging of the Consignment. These costs shall be borne in full by the Principal.
5.4 The Principal shall pay the Price before handing the Consignment over for transport through the payment gateway.
5.5 The tax document shall be issued by the Forwarder and sent in an electronic form to the e-mail specified in the Order without undue delay after payment of the price of the service.
5.6 In the event of withdrawal from the Contract or failure to complete the shipment of the Consignment for reasons for which the Forwarder is not responsible, the Forwarder is entitled to unilaterally offset their claim against the Principal incurred as a cost of returning the Consignment and/or a proportionate part of the costs of the Forwarder for the already performed fulfillment of the Order. The Forwarder shall inform the Principal about the performed offsetting without undue delay by e-mail to the address specified in the Order.
6. Withdrawal from the Contract
6.1 The Principal declares that it requests (agrees) that the Forwarder commences the performance of their obligations within the period for withdrawal from the Contract. Unless this is the case, in which the Principal cannot withdraw from the Contract, the Principal, who is also a consumer, has the right to withdraw from the Contract within fourteen (14) days of its conclusion, even without giving a reason by notice to the Sender in any of the following ways:
6.1.1 by sending a notice of withdrawal to the Forwarder via the postal service provider at Průmyslová 5619/1, 586 01 Jihlava, by e-mail at: e-balik@gls-czech.com, or by fax at: +420 567 771 199; or 6.1.2 by filling in and sending a sample withdrawal form available in the Application (www.e-balik.cz); the Forwarder shall confirm to the Principal without undue delay the receipt of such a form by e-mail to the Principal's address specified in the Order.
6.2 In accordance with § 1837 para. 1 (a) of the Civil Code, the Principal may not withdraw from the Contract if the shipment of the Consignment has been fully completed with their prior expressed consent pursuant to Article 6.1 before the expiry of the period for withdrawal from the Contract. In the event that the Sender withdraws their prior express consent pursuant to Article 6.1, the Forwarder may commence the provision of the service only after the expiry of the withdrawal period.
6.3 If the Principal withdraws from the Contract before the Forwarder has started the performance, the Forwarder shall return the Principal without undue delay, no later than fourteen (14) days from the withdrawal from the Contract, the Consignment and the Price. The Principal shall bear the direct costs associated with the return of the Consignment by the usual postal route and the costs associated with the return of the Price. The returned Price will therefore be reduced by the amount corresponding to the direct costs associated with returning the Consignment and the Price to the Principal. The consignment will be returned to the Principal to the address specified in the Order unless another address is agreed for the return of the Consignment. Unless otherwise agreed, the Principal's Price shall be returned in the same manner as the payment of the Price.
6.4 If the Principal withdraws from the Contract after the Forwarder has commenced the performance at the express request of the Principal pursuant to Article 6.1 before the expiry of the withdrawal period, the Principal shall pay the Sender a pro rata part of the Price for the performance provided until the moment of withdrawal from the Contract. The provisions of Article 6.3 on the return of the Consignment and the Principal's Price shall apply mutatis mutandis.
6.5 The Forwarder may withdraw from the Contract by notifying the Principal by e-mail to the address specified in the Order for the following reasons:
6.5.1 in the event that, for reasons attributable to the Principal, the Consignment is not handed over to the courier of the Forwarder at the address specified by the Principal in the Order as part of two (2) attempts to collect the Consignment by the Forwarder; or
6.5.2 in the event that the Sender finds, upon the receipt of the Consignment or during the transport of the Consignment, that it is an object that is excluded from transport pursuant to Article 7.1.
6.6 The provisions of Article 6.3 on the return of the Consignment and the Price to the Principal shall apply mutatis mutandis in the event of withdrawal by the Forwarder.
7 ARTICLES EXCLUDED FROM TRANSPORT 7.1 The Forwarder shall not transport the following items, which cannot be the subject of the Contract:
7.1.1. items weighing more than 30 kg or exceeding 2 m in length, 60 cm in height, 80 cm in width and 3 m in overall circumferential length, and, in the case of ParcelShop applications, articles weighing more than 10 kg or exceeding 1 m in length;
7.1.2 items insufficiently packaged and/or unpackaged in accordance with the packaging customary in the sector, i.e. items which are not packaged and protected in a manner appropriate in particular to their weight, shape, nature, the material from which they are made and their nature and do not meet the conditions specified in Article 7.6 of these General Terms and Conditions;
7.1.3. tied consignments, consignments transported on wooden crates and in wooden crates, consignments obviously damaged;
7.1.4 perishable goods, objects likely to be a source of infection, medical supplies and stinking objects;
7.1.5. human and animal remains;
7.1.6. live animals and plants;
7.1.7 consignments in inappropriate packaging, in particular packed in sacks, bags and loose parcels;
7.1.8 things of high value, in particular financial cash, precious metals, genuine pearls, precious stones and jewels, as well as valuables, securities, payment cards, drawn lottery tickets, tickets, vouchers, etc.; as well as consignments containing personal documents and other types of cards or documents, e.g. business documents, documents with sensitive data, etc.,
7.1.9 works of art and objects of sentimental value, irreplaceable objects, as well as goods which are of low value in themselves, but the loss or damage of which is detrimental;
7.1.10 temperature-unstable objects requiring controlled temperature;
7.1.11 ammunition, firearms, explosives and similar items, with the exception of Consignments containing mechanical weapons, for which the tension force is less than 150 N, and thus these are not "category D" weapons within the meaning of Act No. 119/2002 Coll., on firearms and ammunition, as amended);
7.1.12 narcotic drugs and psychotropic substances;
7.1.13 tyres; uncoated wheel discs, wheel pads;
7.1.14 pressure vessels and car batteries;
7.1.15 liquid goods, especially goods packed in buckets, cans, glass containers, etc.;
7.1.16 consignments addressed to P. O. Consignee's Box;
7.1.17 in the case of Export Consignments (i.e. Consignments intended for transport outside the Czech Republic) of excise goods, such as alcoholic beverages and tobacco products. In the case of Consignments abroad, the following shall also be excluded from carriage: personal property, tyres and goods accompanied by an international ATA Carnet document;
7.1.18 items listed as dangerous goods under 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 of more than CZK 6,000 ( or CZK 20,000 in the event that an additional service of increased liability for damage is agreed in the Contract);
7.1.20 items and consignments whose sending is prohibited by any applicable law (for example, due to their content, the intended Consignee or the country to which they are to be sent). Applicable law includes all laws, regulations or measures (e.g. decrees, regulations or measures) under which a sanction may be imposed, as well as any trade restrictions and economic sanctions against countries, persons or entities (e.g. announced embargos), including measures introduced by the United Nations, the European Union and the Member States of the European Union;
7.1.21 consignments destined outside the European Union or all destinations placed under a customs procedure; 7.1.22 consignments within the European Union destined for the following destinations: Andorra, Ceuta, Gibraltar, Greece, Livigno, Malta, Melilla, San Marino, Cyprus, the city of Büsingen am Hochrhein (postcode D-78266), the overseas territories and all European islands except Ireland (except Northern Ireland) and the islands belonging to Germany and Croatia;
7.1.23 in the case of consignments delivered abroad, goods accompanied by an international ATA Carnet document;
7.1.24 in the case of consignments carried by air, articles prohibited under Regulation (EC) No. 300/2008 of the European Parliament and of the Council (EC) 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 legislation adopted for its implementation, i.e. in particular weapons, explosives or other dangerous devices, articles or substances that can be used to commit an unlawful act that threatens the safety of civil aviation.
7.2 The Principal is obliged to respect the above-listed exclusions of goods from transport and must carry out appropriate checks of the contents and packaging of the Consignment before handing them over to the Forwarder. The Forwarder accepts the Consignment exclusively in sealed packaging.
7.3 If the Principal hands over to the Forwarder for transport a Consignment containing items excluded from transport pursuant to Article 7.1 and 7.2 without a prior written consent of the Forwarder, the Principal shall be fully liable for damages and costs incurred by the Forwarder or third parties, including, but not limited to, the obligation to reimburse the costs of necessary measures to prevent the occurrence of damage or reduce the risk (e.g. securing an intermediate warehouse storage, return transport, disposal, cleaning, handi
ng over to the carrier which is not subject to exclusion of the content of the consignment, etc.). 7.4 The Forwarder accepts consignments for shipment that are sealed and with intact packaging without checking their content. The Forwarder shall not inspect the consignments in order to determine whether they are in breach of the above prohibitions.
7.5 Consignments which are excluded from the procurement of shipment shall not be accepted by the Forwarder to secure the shipment and the Forwarder shall have the right (not the obligation) to refuse such consignments. By accepting the Consignment, the Forwarder does not waive the right to refuse to procure shipment of the Consignment if it later becomes reasonably suspected that the Consignment contains goods excluded from procuring shipment under these General Terms and Conditions. In such a case, the Forwarder is entitled, after informing the Principal, depending on circumstances or suitability to deliver the Consignment to the Consignee, or to return it to the Principal at the Principal's expense, or to handle the Consignment in any other way, including its disposal in the extreme case of necessity, in such a way as to prevent the occurrence of any damage or risks.
7.6 The Sender is obliged to comply with the following conditions when packing the Consignment:
7.6.1 only properly sealed and closed Consignments bearing an address label with no long or sharp outputs may be sent;
7.6.2 the space of the box must be optimally filled when it is necessary to ensure an adequate size and quality of the packaging material and fill the entire space of the box so that the goods are protected from damage and have a sufficient distance from the outer packaging;
7.6.3 fragile goods must be packed in polystyrene or other filler material; the inscription “fragile” or similar warning serves only as information and does not ensure the protection of the goods;
7.6.4 electronic devices sent for repair should be packed in their original and complete packaging with appropriate filling material;
7.6.5 bottles and jars placed in the consignment must be packed in certified packaging intended for parcel transport. Individual items placed in the Consignment must be further protected by protective layers placed not only between them but also above and below each of them;
7.6.6 goods with irregular shape, whose packaging is difficult, must be secured against damage - wrapping with shrink film and an additional layer of packaging material should be used underneath;
7.6.7 cardboard boxes must be taped to the sides with adhesive tape;
7.6.8 address labels and stickers indicating specific services must be affixed to one of the largest sides of the consignment.
8 ACCEPTANCE OF THE CONSIGNMENT FOR SHIPMENT
8.1 The Principal may order the handover of the Consignment for transport in the Application as follows:
8.1.1 collection of the Consignment by the courier of the Forwarder at the place specified by the Principal in the Order; or
8.1.2 handover of the Consignment for shipment at the appropriate ParcelShop of the Forwarder.
8.2 The Principal must properly pack the Consignment in appropriate packaging so as not to damage it. The Forwarder is not obliged to review the suitability of the package of the Consignment or implement measures to repair or improve it. Packaging must also ensure, beyond the protection of the Consignment itself against loss and damage, the protection of persons and means of transporting the Consignment. The packaging must also ensure that access to the contents of the Consignment is not possible without leaving clear traces on the outer packaging of the Consignment. Recommendations for packaging a Consignment are provided in the Application.
8.3 The Consignment must be provided with a shipping label. Other labels, stickers or instructions placed on the packaging of the Consignment will not be considered. The shipping label must be affixed to the correct Consignment and must be affixed to one of the largest sides of the Consignment packaging.
8.4 The Principal shall print the shipping label themselves using their own hardware and shall be responsible for its legibility, durability and sufficient fastening to the Consignment. The Principal is responsible for the fact that the Consignment data in the Order agrees with the data on the printed shipping label. Liability for printing errors is borne by the Principal.
8.5 If the Consignment is handed over to the Forwarder's courier, the Principal may order printing and delivery of the shipping label from the Forwarder. The shipping label is made according to the data provided by the Principal in the Order and handed over to the Principal at the time of collecting the Consignment for shipping. The Principal is responsible for the correct placement of the shipping label on the Consignment.
8.6 The shipping label can also be obtained on the basis of the pin generated by the Application at selected shipping points of the Forwarder. The obligation of the Principal to affix a legible and durable address label to the Consignment remains unaffected by this.
8.7 If the Principal fails to comply with their obligations to properly package the Consignment and affix the shipping label, the Forwarder is at their discretion entitled not to accept, load, store, secure or return the Consignment to the Principal without the obligation to compensate the Principal for damage; and the Principal is obliged to compensate the Forwarder for all costs associated with this.
8.8 In the case of shipping the Consignment to other European Union countries, the Principal is obliged to provide all necessary documentation for the VAT exemption in the case of shipping within the European Union.
9 Consignment delivery
9.1 Consignments that are handed over to a regional depot of the Forwarder by 17:00 on a business day are delivered as follows: within the Czech Republic, usually on the next business day, abroad at the 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 by means of bulk parcel shipment. Through standardized processes, it achieves economical and fast transport of Consignments. Consignments are shipped as consolidated units and undergo an industrial sorting process using automatic conveyors in depots and re-loading hubs. Consignments are scanned by the driver, depot and re-loading hub at all points of the shipping process, and the date and time of such scan is recorded. Further documentation of the Consignment shipment is not performed.
9.4 Unless otherwise stipulated in the Contract, a maximum of two (2) attempts to deliver the Consignment shall be made. If the Consignment is not delivered, the Forwarder shall ensure that a written notice of the intention to deliver the Consignment is left at the place of delivery of the Consignee, and the Consignee shall have the opportunity to agree with the Forwarder on the date of delivery of the Consignment within five (5) business days from the date of the first attempt at delivery. Upon expiration of this period, the Consignment shall be returned to the Principal.
9.5 Unless otherwise stipulated in the Contract, in the case of delivery to the address of the Consignee who is a legal person or a natural person to whom the Consignment is to be delivered to the address of a legal person, the Consignment shall be delivered to the reception desk of such a legal person or another place of contact with the public (e.g. goods receipt point).
9.6 Unless agreed otherwise, in the event that the Consignment is not reached at the first delivery attempt, the Consignment may be handed over to a person present in the Consignee's apartment, office, registered office or facility, if, due to the circumstances, it can be assumed that this person is authorized to accept the Consignment, in particular if such a person demonstrates the authorization or power of attorney to take over the Consignments intended for the Consignee, or may be deposited at the nearest Forwarder's delivery point – GLS ParcelShop to be picked up by the Consignee. Receipt of the Consignment shall be confirmed by the Consignee with signature on a portable electronic scanning device or delivery note, and this (digitized) signature of the Consignee shall serve as a proof of delivery of the Consignment. By signing, the Consignee confirms that the Consignment has been delivered properly and meets all the necessary requirements.
9.7 The maximum storage time at the Forwarder is 90 days from the date when the undeliverability of the Consignment was found. In the event that the Consignment cannot be delivered to the Consignee or a third party pursuant to Articles 9.4 to 9.6 and the Principal refuses to take it back at the request of the Forwarder, the Forwarder has the right to dispose the Consignment upon the expiration of this period. The Forwarder is entitled to dispose the Consignment or a part of it even before the agreed expiration time if it is necessary to ensure the safety and protection of human health. Disposal of the Consignment takes place mainly by its handover to a person authorized to dispose waste. The Principal is obliged to reimburse the costs of disposal of the Consignment.
9.8 The Forwarder is entitled to open the Consignment if
a) it cannot be delivered and at the same time it cannot be returned, or it is not to be returned under the contract,
b) there is a reasonable suspicion that it contains an item considered dangerous under the General Terms and Conditions, or an item excluded from transport under point 7.1 of the General Terms and Conditions
c) it has been damaged,
d) there is a well-founded concern that a damage has occurred or might occur as a result of the service; or
e) it is necessary to comply with the obligations imposed on the Forwarder by a special legal regulation.
9.9. The Forwarder is not entitled to open the Consignment if it is clear from the external arrangements that it is inviolable under an international treaty which is part of the legislation of the Czech Republic.
9.10 The Forwarder is obliged to inform the Consignee about any opening of the Consignment upon delivery, or the Principal upon returning the Consignment.
9.11 The contents of the Consignment may be examined when it is opened only to the extent necessary to ensure the purpose of the inspection. The opening procedure must ensure the protection of facts protected under a specific law, as well as the protection of postal and letter secrecy.
10 CASH ON DELIVERY (CASH-SERVICE)
10.1 If the Principal specified in the Order an instruction on the Cash on Delivery service pursuant to Article 3.3.6, the Forwarder shall hand the Consignment over to the Consignee or a document permitting the Consignment to be disposed of only if the Consignee pays the designated cash amount to the Forwarder. The Forwarder has the right to limit the Cash on Delivery amount.
10.2 The transfer of the collected Cash on Delivery amount to the bank account specified by the Principal in their User Account of the Application runs automatically and without undue delay at least once a week.
10.3 If, for any reason, the Forwarder fails to collect the specified amount upon delivery with the Cash on Delivery service, the Forwarder shall inform the Principal thereof without undue delay. The Principal does not incur a claim against the Forwarder and a debt of the Forwarder towards the Principal from the uncollected Cash on Delivery amount. The Consignee is still obliged to make payment of this amount (debt) to the Principal under the original legal relationship and the usual terms and conditions of Consignment insurance do not apply to any uncollected Cash on Delivery amounts.
10.4 In case of any uncollected Cash on Delivery amount, the Forwarder's obligation to compensate damages shall be extended to the amount of the charge for the provided Cash on Delivery service. The Forwarder undertakes to provide assistance in the subsequent collecting of the Cash on Delivery amount.
10.5 When ordering the Cash on Delivery service, the Principal acknowledges that the Forwarder is a person authorized only to collect the cash on delivery amount, and that the Forwarder is not authorized to act on behalf of the Principal or conclude a contract with the Consignee of the cash on delivery consignment on behalf of the Principal. The Forwarder also warns that they are not an obliged person pursuant to § 2 of Act No. 253/2008 Coll., on selected measures against the legitimization of proceeds from crime and terrorism financing, which in itself does not mean that the Principal is not the person obliged. The Principal is obliged to comply with all obligations set out under Act No. 253/2008 Coll.
11 RIGHTS IN THE CASE OF FAILED FULLFILLMENT
11.1 The rights and obligations regarding defective performance rights are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925 of the Civil Code. The procedure for exercising and enforcing defective performance rights shall be governed by the relevant generally binding regulations, in particular the provisions of the Civil Code, the AoPS and the Consumer Protection Act.
11.2 The Principal shall object to the defect by sending a written notice to the Forwarder address to Průmyslová 5619/1, 586 01 Jihlava, by e-mail to: e-balik@gls-czech.com, or by fax to: +420 567 771 111 without undue delay after the defect may have been discovered. The defect may be complained about no later than six (6) months from concluding the delivery of the Consignment. The first sentence of the notice shall indicate the identification of the Consignment which is a subject of the defective performance rights, the decisive facts for exercising the defective performance right and the applied defective performance right.
12 COMPLAINTS, COMPENSATION FOR DAMAGES
12.1 The Forwarder is liable for damage only to the extent specified by law or international treaty (e.g. Convention on the Contract for the International Carriage of Goods by Road – CMR), i.e., the Forwarder shall not be obliged to compensate for damage in the form of lost profits or other consequential damage that may be incurred by the Principal or third parties in connection with the Contract, in particular contractual penalties and periodic penalty payments. The Forwarder shall compensate for the damage beyond the limits up to the amount of:
12.1.1 the purchase price of the item that is the subject of the Consignment;
12.1.2 the current value of the used item;
12.1.3 the auction price of the item purchased in the auction; depending on which amount is the lowest in the given case, but at the same time up to a maximum of CZK 6,000 for each individual Consignment. If the Principal has an additional insurance in the Contract, the maximum amount of performance is CZK 20,000.
12.2 In the event of a breach of obligations by the Forwarder, there is no automatic right to a refund of the price for the services provided. This claim arises only in the event that the Forwarder's actions result in unjust enrichment. In this case, the Forwarder will return the entire price paid to the Principal.
12.3 The Complaints Procedure is further specified in the GLS Claims Handling Rules, which is an integral part of these General Terms and Conditions.
13 DISPUTE RESOLUTION
13.1 Under the Consumer Protection Act, the Principal has the right to out-of-court resolution of a consumer dispute arising from the Contract ("Consumer Dispute").
13.2 The subject of out-of-court resolution of Consumer Disputes within the meaning of the Consumer Protection Act is the Czech Telecommunications Office Sokolovská 219 190 00 Prague 9, in the case of disputes related to postal services provided by the Forwarder, website: www.ctu.cz/ochrana-spotrebitele. In all other cases it is the following entity: Czech Trade Inspection Authority Central Inspectorate – ADR department, Štěpánská 15 120 00 Prague 2, e-mail: adr@coi.cz, website: www.adr.coi.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 contact point for out-of-court settlement of disputes arising from a purchase contract or from a contract for the provision of services agreed 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 under the legislative of the Czech Republic and decided by the competent courts of the Czech Republic.
14. PERSONAL DATA PROTECTION
14.1 The Principal understands that, within the meaning of Act No. 101/2000 Coll. on Personal Data Protection and on amendments to some acts, as amended (hereinafter referred to as the "Personal Data Protection Act") and within the meaning of 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 on the repeal of Directive 95/46/EC (hereinafter referred to as the GDPR), the Forwarder processes, collects and stores personal data of the Principal specified in the contractual documents, or obtained from other relationships related to the mutual cooperation of the Principal and the Forwarder, and other personal data necessary for the provision of forwarding services. Such personal data shall be processed and stored by the Forwarder in the customer database of the Forwarder for the purposes of fulfilling their obligations under the Forwarding Contract, as well as for the purposes of the legitimate interests of the Controller, as well as for information, administrative and accounting purposes related to compliance with the Forwarder's legal obligations. When providing forwarding services, the Forwarder is the controller of personal data.
14.2 The Forwarder processes personal data exclusively for the purpose of providing forwarding and shipping services or additional services (value added services) on the basis of concluded forwarding contracts, to the following extent:
14.2.1 the name, surname, address for delivery or return of the Consignment;
14.2.2 the telephone number for the purpose of notification and information about the status of delivery;
14.2.3 the e-mail for the purpose of notification and informing about the status of the order, confirmation of the conclusion of the contract and business negotiations, when a commercial communication with the offer of the products and services of the Forwarder or a newsletter may be sent to the e-mail provided, when in each commercial communication sent, the Principal has an option to reject this service in every commercial communication sent;
14.2.4 the account number for the purpose of collecting and sending cash on delivery;
14.2.5 the payment card number for the purpose of online payment for shipping the Consignment;
14.2.6 the identification number and VAT number in order to specify the identification of the Principal;
14.2.7 the IP address only in the event of a complaint procedure when the customer disputes the ordering of the service or to control unauthorized access;
14.2.8 Cookies for the purpose of improving the clarity of the website, for logging in/out to the website service, evaluating website traffic.
14.3 The legal reason for personal data processing is the contract concluded between the Forwarder and the person providing such data and the resulting necessity to process personal data for the performance of the Contract, or the necessity is given for the purposes of the legitimate interests of the Forwarder or a third party (Principal, Consignee), e.g. for the purposes of litigation, complaint procedures and marketing, and the necessity is given for the fulfillment of legal obligations (e.g. tax and customs laws).
14.4 The Principal may only transfer the personal data for which they are in the position of a personal data controller. Provision of personal data by the Principal is voluntary, however, if personal data is not provided, the Forwarder is not able to provide forwarding and transport services.
14.5 The Principal undertakes to provide all persons involved in the business relationship between the Forwarder and the Principal, in particular the Consignee, with a legal reason (e.g. consent) for the processing of personal data within the meaning of the Personal Data Protection Act and pursuant to Article 6 para. 1 of the GDPR, for the Forwarder to properly fulfill the obligations arising from the forwarding contract and from applicable national and international legal regulations and international sanctioning arrangements (embargo), and further undertakes that if the Forwarder transfers personal data of Consignees or other persons involved, it will only be data that are collected and processed in accordance with the GDPR, are accurate, correspond to the intended purpose and are to the extent necessary to fulfill the intended purpose, so that the Forwarder can use them in accordance with the GDPR to provide the required forwarding and shipping services. In the event of a breach of the obligations referred to in this paragraph, the Principal shall be liable for damage caused to the Forwarder and undertakes to compensate the Forwarder any damage incurred by the Forwarder.
14.6 The Forwarder and the Principal undertake to fulfil legal information obligations towards all data subjects in accordance with national law and in particular Article 12 et seq. GDPR, which means that both the general information obligation and possible partial replies to data subject's requests or complaints are provided by the Forwarder in relation to their services and the Principal in relation to their services. Both the Forwarder and the Principal are obliged to provide all necessary mutual cooperation in processing of responses to requests and complaints of the data subject.
14.7 The Forwarder has the right to store personal data for the time for which the Forwarder may exercise any rights against third parties, or for the time for which a third party, in particular the Principal or the Consignee, may exercise any rights against the Forwarder, or for the time declared normatively by the law (e.g. tax and customs legislation).
14.8 The principles of maintenance and processing of personal data, as well as the rights and obligations related thereto, including the rights of data subjects and the guarantee of personal data security, are then contained in the document devoted to the protection of personal data, which is available on the website www.gls-czech.com.
15 FINAL PROVISIONS
15.1 The contact details of the Seller: the delivery address is Průmyslová 5619/1, 586 01 Jihlava and the e-mail address is ebalik@gls-czech.com.
15.2 The General Terms and Conditions and the Contract shall be governed by the laws of the Czech Republic. The rights and obligations of the contracting parties which are not regulated by these General Terms and Conditions or the Contract, are governed by generally binding legal regulations, in particular the Civil Code, the AoPS and the relevant international transport agreements 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.), the Convention for the Unification of Certain Rules for International Carriage by Air, as amended (the so-called The Montreal Convention, promulgated under No. 123/2003 Coll.) and the Convention for the Unification of Certain Rules for International Air Transport, as amended (the so-called Warsaw Convention, promulgated under No. 15/1935 Coll.).
15.3 If any provision of the General Terms and Conditions and/or the Contract becomes invalid or ineffective, such provision shall apply in its place the meaning of which corresponds to it as much as possible. The invalidity or ineffectiveness of any of the provisions shall not affect the validity or effectiveness of other provisions of the General Terms and Conditions and/or the Contract.
15.4 Any changes or additions to the Contract or the General Terms and Conditions require a textual form, while the textual form is maintained even using electronic means of communication, in particular e-mail. By agreement of the Parties, it is possible to deviate from any provisions of the General Terms and Conditions.
15.5 These General Terms and Conditions are an updated version of the General Terms and Conditions issued on April 5, 2016 and take effect on July 1, 2022.