General Terms and Conditions of the General Logistics Systems Germany GmbH & Co. OHG

General Terms and Conditions of General Logistics Systems Germany GmbH & Co. OHG - hereinafter referred to as GLS – for business customers
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1. Application

1.1 These General Terms and Conditions (GTC) shall apply to all activities performed by GLS to an entrepreneur within the meaning of ³ 14 German Civil Code (BGB), in particular the dispatch, transhipment, storage and transport of parcels within Germany and international. Additionally the guideline for regular senders and the NC goods guideline shall apply (see: https://gls-group.com/DE/en/customer-information).

1.2 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 shall apply primarily. 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 the parcels need not be complied with. §§ 418 par. 1 to 5 and 419 HGB shall not apply.

In case it becomes impossible to dispatch or deliver Fixed date and Express Parcels, the sender will immediately be notified in order to obtain his instruction. In case it is impossible to receive such instruction within reasonable time, GLS shall be entitled to take actions which are suitable and reasonable with respect to the interests of the sender, in particular, GLS shall be entitled to return the parcel to the sender. The sender shall indemnify GLS for the necessary expenses or shall pay a reasonable remuneration for the necessary actions, if the impossibility of dispatch or delivery is not attributable to GLS.

2.4 The pickup of parcels will be acknowledged on the documents of receipt provided by GLS.

In the event that the sender transfers parcel data to GLS via remote data transmission, the mere transfer of data shall not be deemed as prima facie evidence for the fact that the parcels listed in the electronic shipping list have actually been consigned to GLS. GLS is not obliged to compare the submitted parcel data with an actual, corresponding inbound parcel scan, unless otherwise explicitly agreed. Therefore, missing notification to the sender about discrepancies between submitted parcel data but inbound scan absence shall neither be deemed as acknowledgment of the shipping list nor of receipt of the respective parcel.

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. If GLS informs the consignee on behalf of the sender about the anticipated parcel delivery time this also does not constitute a guaranteed delivery time.

2.5.1. GLS carries out at the maximum two delivery attempts. For Fixed date and Express Parcels a second delivery attempt shall be made only upon corresponding agreement with the sender or the consignee.

2.5.2. Delivery can be carried out at commercial consignees at the 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. Within the scope of the AddresseeOnlyService an alternative delivery is excluded.

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. If the sender hands over parcels to GLS using the FlexDeliveryService, i.e. with parallel transmission of the consignee’s e-mail address / telephone number, the consignee after being contacted by GLS has the possibility to directly influence the delivery of the parcel. Instructions of the consignee are deemed instructions of the sender in regard to GLS. The parcel is delivered when delivered according to the instructions of the consignee taking into account clauses 2.5.1 to 2.5.5 above.

2.7. 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.

2.8. If parcels cannot be delivered in the manner set forth in clauses 2.5.1 to 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:

3.1

  • Parcels whose value exceeds € 5,000.00,
  • Goods which are insufficiently packed,
  • Goods which require special handling (e.g. being 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, watches, jewellery and pearls, objects of art, collector’s items and antiques with a value of more than € 750.00 per parcel,
  • Goods which possess a low value themselves but whose damage or loss could cause high consequential damages (e.g. tender documents, 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 classes not mentioned in clause 7 for transportation within Germany and waste according to German KrWG,
  • Parcels whose content, external quality, dispatch or storage violates a legal or public authority prohibition including applicable export and 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,

More information on embargos and sanctions

  • Parcels classified as carriage forward.

3.2. Furthermore, parcels shall be excluded from transportation which have a weight of more than 40 kg (EuroExpressParcel and GlobalExpressParcel more than 50 kg, GlobalBusinessParcel more than 30 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:

  • Hazardous goods of all kinds,
  • Tobacco products and liquors,
  • Personal effects and carnet ATA goods,
  • Tyres, if Sweden is the destination country.

3.3.2 from transportation as Fixed date and Express Parcel:

  • Pharmaceuticals,
  • Hazardous goods of all kinds.

3.3.3 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. ndividual 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. A parcel number shall only be used singularly. 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.

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 of regular senders of GLS will assist the sender in this matter (see https://gls-group.com/DE/en/customer-information).

4.4. The order for the transportation abroad includes the assignment of GLS to administer customs clearance, if without clearance the transportation would not be possible. It is the responsibility of the sender to submit all papers required for the customs clearance to GLS without request. The distribution of costs for customs clearance, customs duties and taxes follows the chosen postage. If due to return of export parcels further freights, customs, taxes or other contributions will be charged, the sender shall pay these costs, unless GLS is liable for the return. 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.

5. CashService

5.1. GLS offers the service CashService enabling the possibility to deliver parcels cash on delivery. The preparation and registration of CashService-Parcels is carried out by the sender according to the guidelines of GLS. In case several parcels are handed over to GLS for delivery to the same consignee cash on delivery, every parcel has to be declared separately as a CashService-Parcel. For each CashService-Parcel an additional fee will be charged.

5.2. The amount to be collected must be entered on the appropriate designated GLS form. The amount to be collected shall be limited for the individual parcel to a maximum of € 2,500.00. If several parcels are handed over on the same day to GLS for the transport to the same consignee, then the sum of the amounts to be collected must not exceed € 9,999.99. If parcel data is transferred via remote data transmission, the amount being submitted electronically shall be binding. If the amount to be collected is indicated in digits and in words, the digits shall prevail in case of doubt. For export parcels with a destination outside the euro area, the amount shall be declared in the currency of the destination country.

5.3. Any CashService offered to the sender of the CashService-Parcel are offered on the basis and understanding that GLS will act as the sender’s cash collection agent only and GLS does not have the authority to bind the sender, or to conclude an agreement with the recipient of the CashService-Parcel on behalf of the sender. The sender shall perform its anti-money laundering obligations as required by applicable law and/or regulation.

6. Guaranteed24Service and Express

6.1.With the Guaranteed24Service parcels will be delivered within Germany (except German islands) on the next working day (Monday – Friday) after pickup, provided that the parcel has been consigned to the dispatch depot until 5 p.m. on the day of pickup.

6.2. Express Parcels will be delivered within the agreed time. Deliveries to German islands are not possible. Before an express order is issued by the sender he must ensure that the target destination is feasible by using the shipping planner on the GLS website www.gls-group.com. Express orders concerning invalid target destinations are excluded.

In case the agreed delivery time should be exceeded by more than 15 minutes, GLS compensates, subject to the extent of the delay, the surcharge which was paid for the service, less VAT provided that GLS was responsible for the delay. Apart from that the clauses 9.1 and 9.2 shall remain unaffected.

6.3. Due to the fact that parcel delivery is handled differently by the organizers of trade fairs, the delivery time cannot – subject to special agreement in an individual case – be guaranteed for parcels addressed to trade fairs.

7. HazardousGoodsService

7.1. GLS provides exclusively in inner-German traffic the forwarding of hazardous goods of the classes 2 (excluding the classification code 1-3, 4F, 9 and toxic gases), 3, 4.1 (excluding the classification code SR and FO), 5.1 (excluding packing group I and the classification code O3, OT1, OF, OS, OW, OTC), 8 and 9 (excluding the classification code M1 up to M3, M8 to M10) according to the enclosures A and B of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and the Hazardous Goods Regulation Road, Railroad and Domestic Shipping (GGVSEB).

7.2. The sender is responsible, that upon the handing over of hazardous goods to GLS the relevant legal regulations with regard to declaration, packaging, enclosure of the transport papers and written instructions etc. are observed, even if these obligations apply to the one who in fact hands over the hazardous goods.

Upon the handing over of hazardous goods the bar coded hazardous goods label, stipulated by the GLS system has to be attached according to valid reference-list by the sender.

7.3 If the sender violates the obligations specified in clause 7.2 culpably, he is liable for the resulting damage.

8. Transportation Fees, Reimbursement of Expenses

8.1. The prices and surcharges agreed between GLS and the sender apply. If the dimensional weight (based on 1 m3 = 166.67 kg) exceeds the physical weight, GLS can carry out a separate subsequent billing. Instructions to transport a parcel to another destination and the transport of goods which cannot be sorted automatically are charged to the sender according to the respectively valid price table. If a parcel has to be returned to the sender for reasons not attributable to GLS, GLS invoices the sender once more with the transportation fee. The cancellation of an order may be charged.

8.2. Invoices of GLS are to be paid immediately and without deduction. The charging of counter-claims by the sender is forbidden, unless they are undisputed or legally stated. Invoices of GLS are considered as having been approved three months after receipt of the invoice. This consequence will be pointed out on each invoice additionally.

8.3. If transportation fees, costs pertaining to customs clearance (in particular customs duties and taxes), other costs or expenditures have to be paid by a foreign consignee, or were caused by him, then the domestic sender has to substitute to GLS the amounts which were not settled by the foreign consignee upon the first request.

9. Liability

9.1. 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, cost of replacements or losses attributable to delay in customs clearance or 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.

9.2. If the sender takes out no transport insurance, GLS compensates the value of the goods beyond the limitation of liability according to clause 9.1, sentence 1 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 (for CashService-Parcels limited to the amount of € 2,500.00) per parcel.

Retention agreed between the insurer of the sender and the sender leads to the applicability of this clause 9.2 only if this is agreed between GLS and the sender.

9.3. For the product GlobalBusinessParcel and GlobalExpressParcel the liability of GLS shall not follow the clauses 9.1 and 9.2 but follow the provisions of the Montreal Convention. Liability is limited to the amount of 19 SDR per kg of the parcel’s gross weight. The same shall apply to certain destination countries in the scope of “EuroExpressParcel (see information in the price lists).

9.4 If GLS or GLS IT Services GmbH (“GLS IT”) have granted the sender the right to use shipping-software for the time of the cooperation and if such software has been installed as the case may be GLS and GLS IT shall be liable only for damages caused intently or grossly negligent. This does not apply for infringement of life, body or health or the violation of fundamental contractual obligations. Should GLS or GLS IT violate fundamental contractual obligations slightly negligent, the liability of GLS or GLS IT shall be limited to the foreseeable damage. GLS or GLS IT shall not be liable for the loss of the sender’s data and its recovery if such loss would have been avoidable had the sender observed appropriate backup procedures.

10. Reimbursement of Expenses

If the sender instructs GLS to receive incoming packages or to import a package arriving from abroad, GLS has the right, but not the obligation to advance freight charges, cash on delivery fees, customs duties, taxes and other charges as well as expenses. The sender is obliged to refund these expenses.

11. 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.

12. Severability/Jurisdiction

12.1. If any provision of these GTC should be invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.

12.2. The exclusive venue for litigation with traders, public corporations or special funds under public law shall be Bad Hersfeld/Hessen.

Status as of: January 2018

- This translation of the GTC is made for convenience reasons only. For all disputes arising from or in conjunction with the GTC of GLS, only the text of the corresponding German version of the GTC of GLS shall be legally binding.

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
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1. Application

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:

3.1.

  • 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. Liability

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. –

General Terms and Conditions of General Logistics Systems Germany GmbH & Co. OHG (hereinafter referred to as “GLS”) for the online marketing via GLS App and GLS-ONE (hereinafter together referred to as “GLS-ONE”)
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1. Application

1.1. These General Terms and Conditions (GTC) shall apply to all activities of GLS in connection with GLS-ONE, in particular the collection, 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: https://gls-group.com/DE/en/customer-information ).

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. Conclusion of Contract, fees

2.1. GLS-ONE gives the sender the opportunity to assign the pick-up of parcels, to generate parcel labels on their own and to either assign GLS with the pick-up of the parcel or to consign the parcel at a GLS ParcelShop. It is possible to assign several parcels at the same time. The pick-up can take place at the front door or from a parcel box. The sender can hand over up to 10 parcels within one pick-up.

2.2. The current fees and surcharges for GLS-ONE at the time of the ordering (accessible on www.gls-one.de) shall apply. The fees and surcharges have to be paid during the order process. GLS accepts payments via PayPal as well as VISA and MasterCard credit cards. In case of credit card payment, the transaction description in the credit card billing will show the entry www.gls-one.eu.

2.3. The contract shall come into effect only after the payment transaction is completed.

2.4. After ordering, the sender can print the receipt as well as the parcel label for the ordered parcel. Furthermore an automatic confirmation email will be sent to the sender’s email account that contains the essential provisions of the contract and the GTC including the instruction on the right of revocation.

2.5 .The sender may also save the parcel label as QR-Code on his smartphone and consign the parcel at a GLS ParcelShop. The ParcelShop staff scans the QR-Code, prints the parcel label and affixes the label on the parcel (mobile parcel label).

2.6. Upon request of the sender at the depot specified in the receipt and confirmation email GLS issues an invoice.

3. Right of Revocation Notification

3.1. If you conclude the contract as a consumer, you have the following right of revocation.

3.2. Right of Revocation You have the right to revoke this contract within 14 days without giving any reason. The revocation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of revocation, you must inform us (General Logistics Systems Germany GmbH & Co. OHG, Debitorenbuchhaltung, GLS Germany-Str. 1-7, 36286 Neuenstein, phone: 06677/646907040, fax: 06677/646907039, mail@gls-one.de) of your decision to revoke this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the revocation form available at https://gls-one.eu/DE/en/revocation-form, but it is not obligatory.

To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.

3.3. Consequences of Revocation

If you revoke this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the revocation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your revocation of this contract, in comparison with the full coverage of the contract.

4. Scope of service and Hindrances

4.1. 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.

4.2. GLS is not committed to conduct examinations or to execute measures for the conservation or improvement of the goods and its packing.

4.3. Instructions which have been issued by the sender after handing over of a parcel need not be complied with. Sections 418 (1) to (5) and 419 HGB shall not apply.

4.4. The pick-up of parcels at the front door 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. In case of pick-up from a parcel box the sender will be informed by GLS via email about the pick-up.

4.5. If GLS was instructed to pick up parcels at the front door and the pick-up failed two times because of circumstances attributable to the sender, the pick-up order will be cancelled by GLS. The same applies if the sender engages GLS with the pick-up from a parcel box and the pick-up failed once because of circumstances attributable to the sender. The pick-up fee will be retained as compensation for the effort occurred to GLS. The sender has the right to prove that GLS suffered no or a substantially lower damage.

4.6. 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.

4.6.1. GLS carries out at the maximum two delivery attempts.

4.6.2. 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.

4.6.3. 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.

4.6.4. 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.

4.6.5. 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.

4.7. If the sender hands over parcels to GLS using the FlexDeliveryService, i.e. with parallel transmission of the consignee’s email address, the consignee after being contacted by GLS has the possibility to directly influence the delivery of the parcel. Instructions of the consignee are deemed instructions of the sender in regard to GLS. The parcel is delivered when delivered according to the instructions of the consignee taking into account clauses 4.6.1 to 4.6.5 above.

4.8. 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.

4.9. If parcels cannot be delivered in the manner set forth in clauses 4.6.1 to 4.6.5 to the consignee or to any other person in clause 4.6.3 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-days period. The period begins at the time undeliverability is ascertained. Parcels which cannot be exploited may be destroyed by GLS.

5. Transportation Exclusions (Prohibited Goods) The goods and parcels listed below shall be excluded from transportation by GLS: 5.1

  • 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, 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 section 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:
    • 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.
5.2. 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.

5.3. Additionally excluded shall be

5.3.1. from transportation abroad:

  • tobacco products and liquors,
  • personal effects,
  • tyres, if Sweden is the destination country.
5.3.2. 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.
5.4. 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.

5.5. If the sender assigns GLS with the transport of parcels whose transport is prohibited according to clauses 5.1 to 5.3 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 5.2 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.

5.6. Individual labels or signs which are affixed to a parcel and which indicate a composition according to clauses 5.1 to 5.3 shall, in particular because of the service description in clause 4.1, 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.

5.7. If a parcel which is excluded from transportation is refused at the time of pick-up of the parcel or is later returned to the sender for this reason, GLS reimburses the sender the transportation fees except for the pick-up fee. Clause 4.5 sentences 3-4 apply accordingly.

6. Sender’s Obligations

6.1. The sender shall affix to the parcel the parcel label individually generated via GLS-ONE. The sender shall ensure that the hard- and software necessary for the completion of the ordering and the printing of the parcel label is available and fully functional. The sender shall be liable for the consequences of any errors with respect to parcel label printing. By using a mobile parcel label the printing and affixing of the parcel label is carried out by the GLS ParcelShop. The sender shall ensure, when handing over the parcel that only one undamaged 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. The sender shall be responsible that the data of the parcel actually handed over to GLS agree with the data of the individually generated parcel label.

6.2. If the sender does not comply with his obligations according to clause 6.1 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 intracommunity transports is fulfilled.

6.3. All dispatches identified with the parcel label individually generated for the sender shall be attributed to the sender. The sender is obliged to inform GLS immediately in case of fraudulent use of his GLS-ONE account. In case of fraudulent use or other use in breach of the contract GLS shall be entitled to block the sender’s GLS-ONE account. The sender shall be liable for all damages due to fraudulent use of his GLS-ONE account as far as he is responsible for it.

6.4. 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: https://gls-group.com/DE/en/customer-information).

7. Liability

7.1. 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, cost 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.

7.2. For international transports the regulations of the CMR, the Montreal Convention or the Warsaw Convention may apply.

7.3. If the sender takes out no transport insurance, GLS compensates the value of the goods beyond the limitation of liability according to clause 7.1, sentence 1, and clause 7.2 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 up to the amount of € 750.00 per parcel.
    Retention agreed between the sender and the insurer of the sender leads to the applicability of this clause 7.3 only if this is expressly agreed between GLS and the sender.

8. 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.

9. Severability / Jurisdiction

9.1. If any provision of these GTC should be invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.

9.2. The exclusive venue for litigation with traders, public corporations or special funds under public law shall be Bad Hersfeld/Hessen.

10. Out-of-court Dispute Resolution

10.1. Information on Online Dispute Resolution for consumers: The EU commission has set up an online platform for the online-resolution of disputes ("ODR-platform"). This platform serves as a contact point for extrajudicial resolutions of disputes concerning contractual obligations, arising from online sales or services agreements. Customers can reach the ODR-platform under the following link:
http://ec.europa.eu/consumers/odr , Email address GLS: mail@gls-one.de .

10.2. GLS does not participate in dispute resolution before a consumer dispute resolution entity.

Status as of: February 2017

- 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. -