General Terms and Conditions
of the General Logistics Systems Germany GmbH & Co. OHG (hereinafter referred to as “GLS”) for ParcelShop-Customers and the subcontractor direct sale
1.1 These General Terms and Conditions (GTC) shall apply to all activities performed by GLS in connection with ParcelShop-Customers and the subcontractor direct sale, in particular the dispatch, transhipment, storage and transport of parcels within Germany and international. Additionally the guideline for occasional senders and the NC goods guideline shall apply (see: www.gls-paketshop.de).
1.2 If in an individual case mandatory legal regulations, e. g. of the German Commercial Code (HGB) or for cross-border transports the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Montreal Convention or the Warsaw Convention each as amended from time to time provide otherwise, these legal regulations shall apply primarily. As far as these GTC do not contain regulations, the provisions of the HGB shall apply. The application of the German Freight Forwarders’ Standard Terms and Conditions (ADSp) is excluded.
2. Scope of Service and Hindrances
2.1 GLS as a mass parcel provider carries out parcel transportations. A transportation as economical and fast as possible is achieved by standardised operations. The parcels are transported as consolidated shipment and sorted within the depots and reloading points with automatic conveyers. The parcels are scanned regularly when received at the outbound depot, when running through a reloading point, when received at the inbound depot, at the transfer to the delivery driver as well as upon delivery to the consignee. Date and time are registered. Further interface documentation is not carried out.
2.2 GLS is not committed to conduct examinations or to execute measures for the conservation or improvement of the goods and its packing.
2.3 Instructions which have been issued by the sender after handing over of a parcel need not be complied with. §§ 418 par. 1 to 5 and 419 HGB shall not apply.
2.4 The collection of parcels within the scope of subcontractor direct sale as well as the receipt of the parcels in the GLS ParcelShop will be acknowledged by the handing over of document of receipt provided by GLS.
2.5 The delivery of parcels which arrive until 5 p.m. at the outbound depot is generally carried out on working days except Saturdays within Germany within 24 hours (estimated time of delivery) free to the door of the consignee. Compliance with the estimated time of delivery is neither assured nor guaranteed.
2.5.1 GLS carries out at the maximum two delivery attempts.
2.5.2 Delivery can be carried out at commercial consignees at the goods receiving department. The delivery at P.O. boxes or similar special addresses shall be excluded.
2.5.3 In the interest of a parcel delivery as fast as possible, parcels may, if the consignee is not met in person at the first delivery attempt, be handed over to a person present in the flat or shop of the consignee or, if this should not be possible, to a neighbour of the consignee, if with respect to the specific circumstances it is to be assumed that such person is entitled to accept the parcel. Neighbour shall be defined as a person who lives or works in the same or next building. If this should not be possible, parcels may be stored at a GLS ParcelShop in the vicinity for collection by the consignee. The consignee will be notified via a notification card which is filled in and laid into his receive station (generally the letterbox) at the same time, that and where he can collect his parcel.
2.5.4 When a parcel is delivered, the person accepting the parcel confirms the receipt on the handheld scanner or as the case may be in an individual case on the delivery note list. The digitally available signature is used as proof of delivery.
2.5.5 In case the consignee granted GLS a permission to deposit the parcel, the parcel is deemed to be delivered when deposited at the place defined in the permission.
2.6 For the time of their duration, performance hindrances which are not attributable to GLS, relieve GLS from all obligations whose completion was made impossible through these.
2.7 If parcels cannot be delivered in the manner set forth in clauses 2.5.1 - 2.5.5 to the consignee or to any other person in clause 2.5.3 or stored at a GLS ParcelShop and also cannot be returned to the sender because he can still not be determined or he refuses to take back the parcel, GLS shall be entitled to exploit the parcels after a 90-day period. The period begins at the time undeliverability is ascertained. Parcels which cannot be exploited may be destroyed by GLS.
3. Transportation Exclusions (Prohibited Goods)
The goods and parcels listed below shall be excluded from transportation by GLS:
- Parcels whose value exceeds € 5,000.00,
- Goods which are insufficiently packed,
- Goods which require special handling (because they are e. g. particularly fragile or have to be transported upright or only lying on a certain side),
- Perishable or temperature-sensitive goods, remains, blood reserves, organs, live animals,
- Prescription drugs and drugs which must be transported separately from other goods (e.g. from tyres, hazardous goods), vaccines, insulin and narcotics,
- Precious metals and stones, jewellery and genuine pearls, objects of art, collector’s items and antiques,
- Other goods of value (e. g. watches) with a value of more than € 500.00 per parcel,
- Goods which possess a low value themselves but whose damage or loss could cause high consequential damages (e. g. volumes with sensitive data),
- Phone cards and pre-paid cards (e. g. for mobile phones),
- Money and documents with monetary value (e.g. stamps, securities, acceptance bills, savings books),
- Firearms and essential weapon parts according to § 1 of the German Weapon Law as well as ammunition,
- Hazardous goods of all kinds and waste according to German KrWG,
- Parcels whose content, external quality, dispatch or storage violates a legal or public authority prohibition including applicable export or import regulations; these include parcels whose content violates legal provisions on the protection of intellectual property including forged or unlicensed copies of goods (counterfeiting),
- Goods or parcels the sending of which are prohibited under all applicable sanctions laws, for example because of their contents, their intended recipient or the country to or from which they are to be sent. Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities, including without limitation those imposed by the United Nations, the European Union and the member states of the European Union,
- Parcels classified as carriage forward,
- Parcels with one of the following destinations:
- outside the EU: all countries (customs destinations), except Monaco,
- within the EU: Andorra, Ceuta, Gibraltar, Greece, Livigno, Malta, Melilla, San Marino, Cyprus, the city of Büsingen am Hochrhein (postcode D-78266), overseas territories and all European islands except German islands, Croatian islands, Great Britain and Ireland.
3.2 Furthermore, parcels shall be excluded from transportation which have a weight of more than 40 kg, a combined length and girth of more than 3 m, a length of more than 2 m, a height of more than 0.6 m or a width of more than 0.8 m.
3.3 Additionally excluded shall be
3.3.1 from transportation abroad:
- Tobacco products and liquors,
- Personal effects,
- Tyres, if Sweden is the destination country.
3.3.2 from airfreight:
- Prohibited articles according to the regulation (EC) No 300/2008 of 11th March 2008 and its implementing rules as amended from time to time.
3.4 The sender is obliged to control the compliance with the transportation exclusions before consignment of parcels. GLS exclusively accepts closed parcels for transportation. Upon suspicion of such exclusions and in statutorily permitted exceptional situations GLS shall be entitled to open and to check the parcels.
3.5 If the sender assigns GLS with the transport of parcels, whose transport is prohibited according to clauses 3.1 - 3.3 and without prior approval of GLS, the sender shall be liable in accordance with the legal provisions for all claims, costs and expenses, including but not limited to expenses for appropriate measures in order to eliminate or avoid danger (e. g. securing, intermediate storage, return, disposal, cleaning, etc.) suffered by GLS or third parties which result from the assignment contrary to the transport exclusions. Nevertheless in case of violation against clause 3.2 GLS shall be entitled to carry out the transportation and to demand a general reimbursement of expenses in the lump sum of € 50.00. The sender is explicitly allowed to verify that the expenses were not incurred, or that they were significantly less than the lump sum stated above. GLS reserves the right for evidence of higher expenses.
3.6 Individual labels or signs which are affixed to a parcel and which indicate a composition according to clauses 3.1 - 3.3 shall, in particular because of the service description in clause 2.1, not be sufficient to alert GLS to a consignment contrary to a transportation exclusion. GLS has no means to provide a special handling. Consent of a carrier or its agents or a tacit acceptance of a parcel does not represent approval of GLS.
4. Sender’s Obligations
4.1 Each parcel must bear or be accompanied by the duly completed documents filled out by the sender and approved by GLS. The sender shall be liable for the consequences of any errors in their completion. The sender shall ensure, when handing over the parcel, that only one undamaged and from GLS approved parcel label is attached to the largest side of the parcel and is easily visible. Used parcel labels, addresses or miscellaneous old signs must be removed.
4.2 If the sender does not comply with his obligations according to clause 4.1 GLS is at its discretion entitled to unload, to store, to secure or to return the parcel without the need for indemnifying the sender and the sender is liable for any expenses or costs due to this action. In case of transports to other EU countries the sender has the obligation to ensure that all necessary documentation needed for VAT tax exemption for intra-community transports is fulfilled.
4.3 The sender is responsible for a proper and, with regard to the scope of service, sufficient inner and outer packaging, which withstands the strain of transport, whereby the packaging must ensure that on the one hand the goods themselves are protected against loss and damage and that on the other hand persons carrying out the transportation and other parcels transported are not endangered. The packaging must in particular ensure that an access to the parcel’s content is not possible without leaving a clear trace on the outside of the parcel. The guideline for occasional senders of GLS will assist the sender in this matter (see: www.gls-paketshop.de).
5. Transportation Fees, Reimbursement of Expenses
The ParcelShop price list shall apply in the current version in effect at the day the order has been placed. The transportation fees are to be paid when the parcel is being posted.
6.1 GLS is liable for loss or damage of parcels up to the amount of 8.33 Special Drawing Rights (SDR) of the International Monetary Fund per kg of the parcel’s gross weight. GLS is not liable for consequential damages or loss, e.g. losses of a purely commercial nature like loss of turnover or earnings, missed profits, costs of replacements or losses attributable to delay in airfreight completion. Liability for delay in the event of domestic transports is limited to three times the amount of the transportation fee; in the event of international transports to the amount of the transportation fee being paid for the respective parcel.
6.2 For international transports the regulations of the CMR, the Montreal Convention or the Warsaw Convention may apply.
6.3 If the sender takes out no transport insurance, GLS compensates the value of the goods beyond the limitation of liability according to clause 6.1, sentence 1 and clause 6.2 up to an amount limited to:
- the purchase price or
- for second-hand goods the current value or
- for goods dispatched on occasion of an auction the auction price
depending on which amount is the lowest in the individual case, however limited to an amount of up to € 750.00 per parcel. Retention agreed between the sender and the insurer of the sender leads to the applicability of this clause 6.3 only if this is agreed between GLS and the sender.
7. Exclusion of Further Claims of the Sender
The passing on of fines to GLS, which the sender is obligated to pay to third parties, is excluded.
8. Severability / Jurisdiction
8.1 If any provision of these GTC should be invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.
8.2 The exclusive venue for litigation with traders, public corporations or special funds under public law shall be Bad Hersfeld/Hessen.
9. Alternative Dispute Resolution
GLS does not participate in dispute resolution before a consumer dispute resolution entity.
Status as of: December 2016
– This translation of the GTC is made for convenience reasons only. For all disputes arising from or in conjunction with the GTC of GLS Germany, only the text of the corresponding German version of the GTC of GLS Germany shall be legally binding. –