I. GENERAL PROVISIONS
General Logistics Systems Poland Spółka z ograniczoną odpowiedzialnością, having its registered office in Głuchów, Komorniki municipality (62-052), at ul. Tęczowa 10, entered in the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under number 0000005009, Tax Identification Number (NIP) 785-15-61-831, with a share capital of PLN 16,311,638.00, hereinafter referred to as GLS Poland, provides services consisting in the collection, transport and delivery of parcels - postal items within the meaning of the Act of 23 November 2012 Postal law and freight items within the meaning of the Act of 15 November 1984 Transport Law (hereinafter referred to as ‘Services’ in these Terms and Conditions) on behalf of customers who are not consumers within the meaning of the Act of 23 April 1964. - Polish Civil Code (Journal of Laws No. 16, item 93, as amended), in domestic and international trade.
For the purposes of these Terms and Conditions, the terms used below shall mean:
▪ 10.00Service – delivery by 10 o’clock – an Additional Service provided in domestic trade on the territory of Poland indicated by GLS Poland, through postcodes, consisting in the delivery of the Parcel to the Recipient by 10.00 o’clock on the next working day after the day of its receipt; the service is not available for parcels addressed to chain stores;
▪ 12.00Service – delivery by 12 o’clock – an Additional Service provided in domestic trade on the territory of Poland indicated by GLS Poland, through postcodes, consisting in the delivery of the Parcel to the Recipient by 12.00 o’clock on the next working day after the day of its receipt; the service is not available for parcels addressed to chain stores;
▪ AddOnInsuranceService – increasing the limit of liability – an Additional Service consisting in increasing the limit of liability of GLS Poland for the Parcel above the amount indicated in point III item 4 of the Terms and Conditions, confirmed in writing by GLS Poland;
▪ Attempted delivery notice – notification of unsuccessful attempt to deliver the Parcel to the Recipient or unsuccessful attempt to collect the Parcel from the Sender;
▪ CashService – cash on delivery (COD) – an Additional Service consisting in collecting cash or non-cash payment for goods in domestic trade by ordering one amount of cash on delivery for one Parcel; the amount of COD cannot exceed PLN 6000.00 for all Parcels sent on a given day from one Sender and delivered to one Recipient;
▪ Price list – a list of receivables collected by GLS Poland for Services and Additional Services;
▪ DeliveryAtWorkService – delivery at the company premises to the hands of an individually designated person - an Additional Service performed in domestic trade, consisting in the delivery of the Parcel at the workplace or other premises to the hands of an individually designated person (the Recipient);
▪ DocumentReturnService (DOR) – return of the confirmed document – an Additional Service in domestic traffic consisting in returning to the Client one document – confirmed by the Recipient – attached to the Parcel, glued to the Parcel by the Client; the correct confirmation of the document is considered to be the submission of a legible signature by the Recipient;
▪ Documents – documents other than the Shipping Confirmation concerning or related to the Parcel, issued by GLS Poland, in order to perform a Service or an Additional Service;
▪ Working days – days from Monday to Friday, excluding statutory holidays;
▪ ExchangeService – goods exchange – an Additional Service performed in domestic trade, consisting in delivery of the Parcel and simultaneous collection of goods from the Recipient for exchange and delivery of such goods to the Sender;
▪ ExWorksService – fee collection from the Recipient – an Additional Service, performed in domestic trade, consisting in collecting a fee in cash or non-cash form from the Recipient for the Service. The service is not available for parcels addressed to chain stores;
▪ FlexDeliveryService (FDS) – Parcel redirection – an Additional Service performed at the order of the Recipient, consisting in enabling the Recipient to redirect the delivery of the Parcel and to use alternative delivery options, such as: delivery within the agreed time limit, delivery to a new address, delivery to ParcelShop, refusal to accept, self-collection at a branch of GLS Poland, leaving the Parcel unsigned. By providing GLS Poland with the Recipient’s e-mail address, the Customer agrees that the Recipient may use the FlexDeliveryService and redirect the Parcel.
▪ IdentService – verifying the Recipient’s identity and returning a signed agreement – an Additional Service performed in domestic trade, consisting in verifying the Recipient’s identity on the basis of documents identifying the Recipient indicated by the Client, and then obtaining the Recipient’s signature on the agreement attached to the Parcel on arrival and returning the agreement to the Client;
▪ Individual Parcel Collection Code - PIN code or BLIK code - an individual code authenticating the Recipient and enabling the Recipient to collect and sign for delivery of the Parcel in an electronic form;
▪ InfoKurierService - service consisting in providing the Recipient with the telephone number of the Courier delivering the Parcel and the Individual Parcel Collection Code - PIN code enabling the receipt of the Parcel;
▪ Customer – respectively: Sender, Recipient or other person ordering the Service;
▪ Road toll adjustment – a surcharge charged to each Parcel in connection with the road toll for motor vehicles with the permissible total weight of over 3.5 tonnes resulting from the Act of 21 March 1985 on Road Traffic (Journal of Laws 2007 No. 19 item 115 as amended); the current amount of the surcharge is published on the website www.gls-group.eu; a change in the amount of the surcharge is not an amendment to the Terms and Conditions or the Agreement and does not require a written form;
▪ Fuel adjustment – a surcharge based on the diesel retail price increase index published on www.gls-group.eu;
▪ Courier – a person acting in the name and on behalf of GLS Poland, performing a part of the Service or Additional Service, under the terms of the Agreement and these Terms and Conditions;
▪ Collection Point – the Parcel receipt address indicated by the Customer in order to perform the Service;
▪ Place of Delivery – the Parcel delivery address indicated by the Customer or the Recipient in the case of FDS Service;
▪ Sender – the person who issues a GLS Poland Parcel together with the Shipping Confirmation or other documents;
▪ Charge for lack of data – a charge imposed on the Customer by GLS Poland for the Customer’s failure to observe, for reasons attributable to him/her, the obligation to send the Parcel data electronically on the date of its release;
▪ Liquidation charge – a charge imposed on the Customer by GLS Poland for the performance of liquidation activities, including a lump sum remuneration, excluding the costs resulting from the specific characteristics of the liquidated Parcel, in particular the costs of waste disposal, which may be additionally charged to the Customer by GLS Poland, on the basis of a document confirming the incurrence of such a cost;
▪ Storage charge – a charge imposed on the Customer by GLS Poland for storage of the Parcel, calculated until the moment of delivery of the Parcel, for each calendar day counted from the date of occurrence of an obstacle in delivery, caused by reasons not attributable to GLS Poland;
▪ Charge for a technologically non-transferable parcel – a charge imposed on the Customer by GLS Poland for manual sorting of a Parcel which is not suitable for automatic handling with the use of GLS Poland belt conveyors;
▪ Charge for an overweight parcel (OWP) – a charge imposed on the Customer by GLS Poland for accepting a Parcel with a weight higher than that indicated in point II of these Terms and Conditions;
▪ Charge for an oversized parcel (OSP) – a charge imposed on the Customer by GLS Poland for accepting a Parcel with dimensions exceeding the allowed dimensions indicated in point II of these Terms and Conditions;
▪ Charge for manual input of data – a charge imposed on the Customer by GLS Poland for manual input of the Parcel data into the system, if the Customer does not observe, for reasons attributable to him/her, the obligation to send the Parcel data electronically;
▪ Charge for debt collection – a charge imposed on the Customer by GLS Poland for actions taken as a result of the Customer’s delay in payment of any receivables due to GLS Poland;
▪ Charge for determining the Recipient’s address – a charge imposed on the Customer by GLS Poland for determining the correct address of the Recipient;
▪ Recipient – an entity indicated in the Shipping Confirmation entitled to collect the Parcel from the Delivery Place;
▪ Cancellation fee – a fee for cancellation of a Pick&ReturnService or Pick&ShipService order;
▪ Customs clearance fee – a fee for customs clearance;
▪ Non-cash payment fee – a fee imposed on the Sender by GLS Poland for the payment of receivables chargeable against the Parcel in non-cash form, using payment methods provided by GLS Poland. The current list of non-cash payment methods and the amount of fees for individual payment methods is available in the GLS Poland Table of Charges, available on the GLS Poland website;
▪ Fee for zone B – an additional fee for the delivery of a Parcel to the area of Poland defined by postcodes as zone B. The list of postcodes covered by zone B and the amount of the additional fee is published in the GLS Poland Table of Charges;
▪ Fee for change of Additional Service – a fee charged by GLS Poland for change of instructions for the Additional Service after sending the Parcel;
▪ Parcel - items packed in a required or customary manner, ordered by the Customer of GLS Poland to be accepted, moved and delivered based on the Shipping Confirmation. Dimensions of the Parcel cannot exceed: the sum of circumference and the longest side: 3 metres, with the longest side of the Parcel being max 2 metres, the width of the Parcel cannot exceed 80 cm and its height cannot exceed 60 cm. In the case of an irregularly shaped Parcel, its dimensions will be calculated according to the contour of a cuboid shaped package into which the given Parcel could be packed (even if the contents of the Parcel are physically packed in another way). The gross weight of one Parcel must not exceed: 31.5 kg in domestic traffic and 31.5 kg in international traffic, excluding countries for which the permitted weight is individually determined. The list of countries and permitted weights is available on the GLS Poland website. GLS Poland provides services of accepting, sorting, moving and delivering courier and freight Parcels;
▪ Courier Parcel – the above defined Parcel with a weight up to 20 kg;
▪ Freight Parcel – the above defined Parcel with a weight over 20 kg;
▪ ParcelShop – facility operated on behalf of GLS Poland or by a subsidiary of GLS Poland, under the name Szybka Paczka or ParcelShop, in which the Sender may conclude a service agreement or send the Parcel, and the Recipient may collect the Parcel;
▪ Pick&ReturnService – delivery to the person ordering the service – an Additional Service provided in domestic and international trade, consisting in accepting the Parcel from a person other than the person ordering the Service and delivering it to the person ordering the Service;
▪ Pick&ShipService – delivery between third parties – an Additional Service provided in domestic and international trade, consisting in accepting the Parcel from a person other than the person ordering the Service and delivering it to the Recipient other than the person who ordered the Service;
▪ Confirmation of Delivery – acknowledgement of receipt of the Parcel by the Recipient or a person authorised to collect the Parcel – proof of delivery of the Parcel to the Recipient with the signature of the Recipient or a person authorised to collect the Parcel, in a written or electronic form or with the Individual Parcel Collection Code entered in electronic form;
▪ Shipping Confirmation (SC) – a document filled out or created by the Sender that constitutes a proof of ordering the Services and Additional Services, and accepting the Parcel by GLS Poland that includes an address sticker;
▪ PreadviceService – notification Service – a service rendered via SMS consisting in communicating information about the Service and Additional Services to Recipients;
▪ Parcel – all Parcels accepted by GLS Poland under an Agreement on a given day for the shipment from one Sender and delivery to one Recipient;
▪ GDPR - 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 (General Data Protection Regulation) (Official Journal L of 2016 No. 119, page 1);
▪ Saturday10.00Service – delivery on Saturday by 10.00 o’clock – an Additional Service provided in domestic trade on the territory of Poland indicated by GLS Poland, through postcodes, consisting in the delivery of the Parcel to the Recipient on Saturday by 10.00 o’clock; the service is not available for parcels addressed to chain stores;
▪ Saturday12.00Service – delivery on Saturday by 12.00 o’clock – an Additional Service provided in domestic trade indicated by GLS Poland, through postcodes, on the territory of Poland, consisting in the delivery of the Parcel to the Recipient on Saturday by 12.00 o’clock; the service is not available for parcels addressed to chain stores;
▪ SaturdayService – delivery on Saturday – an Additional Service provided in domestic trade on the territory of Poland indicated by GLS Poland, through postcodes, consisting in the delivery of the Parcel to the Recipient on Saturday; the service is not available for parcels addressed to chain stores;
▪ Force Majeure – circumstances which GLS Poland could not avoid and consequences which GLS Poland could not prevent, in particular: uprising, revolution, riots, act of sabotage, act of terror, act of war, flood, earthquake, fire, storm, governmental act, road blockade, catastrophic precipitation, strike of the employees or subcontractors of GLS Poland or member companies of GLS group;
▪ ShopReturnService – return of the Parcel to the Customer – an Additional Service consisting in the return of the Parcel by the Recipient at the ParcelShop to the address indicated by the Customer. The cost of return of the Parcel is borne by the Customer;
▪ ShopDeliveryService – delivery to the indicated ParcelShop – an Additional Service consisting in delivering the Parcel to the ParcelShop indicated by the Customer; the Service is available only to Customers entitled to dispose of the Recipient’s telephone number or e-mail address for the purpose of collecting the Parcel; the Service is not available to Customers who do not have or refuse to provide GLS Poland with the telephone number or e-mail address;
▪ Table of Charges – a list of charges defined in these Terms and Conditions charged by GLS Poland. The current Table of Charges is available for all Customers at all GLS Poland subsidiaries and at www.gls-group.eu. GLS Poland reserves the right to amend the Table of Charges, which will become effective one week after its publication at GLS Poland website;
▪ ThirdAttemptService – third delivery service – an Additional Service provided in domestic trade where a third attempt to deliver a Parcel is made upon the Sender’s written or electronic request;
▪ Agreement – a framework agreement for the provision of Services and Additional Services concluded by the Customer with GLS Poland in writing or by accepting an offer;
▪ Additional Service – an additional activity ordered by the Customer related to the Service accepted by GLS Poland, for which GLS Poland charges a fee specified in the Price list; the Additional Service is only available to the Customers who send data electronically.
III. ORDER AND CONDITIONS FOR THE PROVISION OF SERVICES AND ADDITIONAL SERVICES
1. The order for Services and Additional Services is made when GLS Poland has accepted the Parcel for shipment and delivery, together with the Shipping Confirmation issued by the Sender, on which GLS Poland confirms its acceptance. The Shipping Confirmation serves as the proof of ordering the Services and Additional Services, accepting their conditions and accepting the Parcel for shipment and delivery; a copy of the document is given to the Sender.
2. GLS Poland undertakes to perform the Services in a manner which ensures the following (jointly):
a) direct acceptance of the Parcel from the Sender,
b) tracking of the Parcel from the moment of sending until the delivery with the aid of Track & Trace application available at www.gls-group.eu,
c) delivery of the Parcel within the guaranteed period specified in point VIII section 1 or section 2 of the Terms and Conditions or specified individually in the agreement with the Customer,
d) delivery of the Parcel directly to the Recipient or the person authorised to collect the Parcel,
e) obtaining the Confirmation of collection of the Parcel in a written or electronic form.
3. The principle referred to in point III section 2 d) and e) above shall not apply to Parcels with reference to which the Recipient has used the additional service ‘Leaving the Parcel unsigned’ as part of FlexDeliveryService.
4. GLS Poland will not accept Parcels the value of which exceeds the equivalent of PLN 6,000.00, unless separate written arrangements between the Customer and GLS Poland, made at least 3 (three) working days prior to sending the Parcel, provide for otherwise. Otherwise it shall be deemed that the actual and total value of the Parcel does not exceed the amount of PLN 6,000.00 in any case.
5. The Customer ordering the provision of GLS Poland’s Service agrees to have the Services and Additional Services provided pursuant to the provisions of these Terms and Conditions constituting general conditions of agreements within the meaning of Article 384 of the Polish Civil Code. The Customer can read the currently applicable version of the Terms and Conditions at www.gls-group.eu.
6. GLS Poland shall not be bound to follow any oral or written instructions or information placed by the Customer or the Courier, in particular, on the Parcel packaging or on the Shipping Confirmation, being contrary to the legal regulations, the Agreement or these Terms and Conditions.
7. GLS Poland has the right to refuse to perform the order if this would constitute a breach of law, the Agreement or these Terms and Conditions.
8. The Customer may change the instructions concerning the Services or Additional Services in a written or electronic form; in such a case GLS Poland may request a copy of the Shipping Confirmation. In justified cases, as regards the change of the Place of Delivery, GLS Poland may accept oral instructions from the Customer. In the situations mentioned in the preceding sentences, GLS Poland reserves the right not to deliver the Parcel within the agreed period and to collect a charge.
9. The Customer acknowledges that GLS Poland may verify the declared weight and dimensions of the Parcel accepted for shipment, determining its actual weight and sizes. Verification constitutes the basis for the determination of a price for the Service according to the Price List and the imposition of a fee on the Customer for the overweight parcel (OWP) or the oversized parcel (OSP). The Customer hereby consents for weighing and measuring of the Parcel, and for determining, based on such activities, remuneration due to GLS Poland.
10. The submission of a Parcel with a size or weight greater than those indicated in point II of these Terms and Conditions and ordering the Additional CashService the value of which exceeds PLN 6,000.00, shall be effected at the sole risk and responsibility of the Customer. GLS Poland shall be authorised to return the Parcel in question at the expense of the Sender.
11. GLS Poland offers CashService under the assumption that GLS Poland acts only as an intermediary collecting the receivable for the goods and has no authority to impose an obligation on the Sender or to conclude on behalf of the Sender an agreement with the Recipient of parcels covered by the CashService. The Sender shall perform its anti-money laundering obligations as required by the applicable law.
1. The amount of remuneration of GLS Poland (prices, fees, surcharges, charges) for the provision of Services and Additional Services as well as for the performance of other activities is specified in the Price List and the Table of Charges.
2. GLS Poland reserves the right to index prices specified in the Price List. GLS Poland shall notify all Customers of price indexation rules in writing or via e-mail, not later than 30 days before the price changes take effect. The Customer shall have the right to raise an objection. The absence of objection, in writing or via electronic mail, within 14 days from the date of sending the appropriate notice specifying the rules of indexation, shall be construed as the Customer’s consent to new prices. In the event of raising objections, the Agreement shall be terminated on the date of entry into force of the indexed prices.
3. The Sender of an international parcel shall be obligated to cover the costs of customs and tax duties as well as import customs clearance in case the Recipient fails to make payment in a timely manner.
4. If the Sender fails to fulfil the obligation resulting from point VI section 1 letter l), m) or n) of these Terms and Conditions, GLS Poland reserves the right to withdraw from the Agreement and return the Parcel to the Sender and charge the Sender with all costs incurred, without informing thereof earlier.
5. GLS Poland has the right to retain any and all Parcels accepted by GLS Poland to the Customer’s instruction in order to secure all claims of GLS Poland against the Customer regardless of the title. GLS Poland may also discontinue the provision of Services resulting from the Agreement until the Customer has satisfied all the outstanding obligations.
6. GLS Poland is entitled to put a lien on the Parcel in order to secure claims resulting from the Agreement from the acceptance until the delivery thereof.
7. If the Agreement stipulates the deferred term of payment and the Customer is in delay with payment of remuneration for the Services performed earlier, the remuneration for all Services and Additional Services ordered so far becomes immediately payable, and the remuneration for newly ordered Services and Additional Services is due at the moment of accepting the Service by GLS Poland, unless the latter decides otherwise.
8. If the payment for the Services and Additional Services is not made in a timely manner, GLS Poland has the right to retain any amounts due to the Customer until the payment is made, or to deduct the claim of GLS Poland from the amount due from the Customer, in particular the amount due under the CashService .
9. GLS Poland shall have the right to calculate statutory interest for untimely payment of the amounts due for the provision of Services or Additional Services as provided for in the Act of 8 March 2013 on payment dates in commercial transactions (Journal of Laws of 2013, item 403 as amended) and to charge the Customer with the amounts constituting the cost of recovery of those receivables.
10. The Customer shall not have the right to deduct its claims from the claims of GLS Poland.
11. The Customer shall not be entitled, without the written consent of GLS Poland, to transfer its claims against GLS Poland upon any third party.
12. The Customer shall be obliged to make the documents that present its current financial standing available upon the request of GLS Poland or credit information agency or insurance company which received an order to draw up a credit report from GLS Poland.
13. GLS Poland shall have the right to suspend the provision of Services until the Customer submits security or to dissolve the Agreement with immediate effect in case it receives information about the problems concerning the solvency of the Customer, in particular the economic information about the Customer’s debt towards third parties, from the institutions established on the basis of the Act on making economic information available and exchange of economic data or the Banking Law act, as well as information on filing a bankruptcy petition concerning the Customer or restructuring application or information about pending enforcement proceedings against the Customer.
14. GLS Poland shall be entitled to suspend the provision of Services until the Customer submits security or dissolve the Agreement with immediate effect in case the amounts due for the performance of the Services or Additional Services are not paid in a timely manner.
15. If GLS Poland provides the Customer with operational materials in order to handle Parcels sent by Customers as part of cooperation with GLS Poland, the Customer undertakes to use the operational materials solely for this purpose. Once the cooperation has been completed, the Customer shall return all unused operational materials to GLS Poland. Should the Customer use the operational materials contrary to the purpose hereof, GLS Poland shall charge the Customer an appropriate fee for using the operational materials as per the rate specified in the Table of Charges.
16. The Customer is obliged to pay GLS Poland the amount charged to the Recipient of the Parcel and paid to the Customer as part of the Additional Service called CashService if the card holder’s (the Parcel Recipient’s) bank used the so-called chargeback procedure. The Customer is obliged to pay GLS Poland the said amount within 7 days of receiving the accounting document from GLS Poland. GLS Poland has the right to request the Customer to submit explanations or documents that the bank requires to follow the chargeback procedure. The Customer is obliged to respond to GLS Poland’s request within the period specified therein.
V. ITEMS EXCLUDED FROM THE SERVICES
1. GLS Poland shall not accept for shipment and delivery any Parcels containing the following:
a) items the shipment of which is forbidden pursuant to the provisions of law or international agreements, conventions or treaties to which Poland is the party,
b) items excluded from air transportation pursuant to the applicable provisions of law in case of combined air or road transportation,
c) cash, monetary units, gift vouchers or other payment documents, cheques, debit or credit cards, excise forms, securities, crude metals or precious stones and the products made thereof, jewellery, works of art or articles having an artistic value, antiques and other items the value of which results from the age, rarity or subjective features thereof, numismatic objects or stamp collections, identity documents, including tickets, registration certificates or stickers related therewith,
d) tender documents, tenders or commercial contracts, accounting documents, billing documents, medical and insurance documents,
e) pre-paid or activation telecommunications cards as well as other cards having similar functions,
f) items transported on the basis of a temporary customs clearance document or on the basis of the ATA carnet,
g) tobacco products and alcohol, including items for which excise duty markings are required,
h) items transported with a customs seal,
i) living animals or plants,
j) commodities requiring a controlled temperature,
k) perishable goods or food products within the meaning of the Act on food and nutrition safety,
l) medical products within the meaning of the Pharmaceutical Law, components for the production of medical products, drugs and psychotropic and hallucinogenic substances except for those sent for scientific and research purposes by the institutes authorised thereto pursuant to separate legal regulations, subject to the agreement of GLS Poland to perform such a Service,
m) items requiring specialist phytosanitary tests,
n) flammable or explosive materials, caustic substances and other commodities listed in the ADR Convention, weapons or ammunition,
o) dried tobacco in the meaning of the Act on excise or contaminated alcohol,
p) tires in international trade,
q) corpses and human or animal corpse remains, human or animal ashes,
r) human or animal organs, body fluids and products of human or animal metabolism,
s) personal belongings or resettlement property,
t) musical stringed or plucked instruments,
u) items the properties of which may pose threat to people or expose other Parcels to destruction, damage, getting dirty etc.,
v) commodities which require special conditions during shipment or storage (e.g. transportation in a specific position e.g. horizontally, glass, ceramics, TV sets, parts of a car body, other fragile commodities),
w) products of animal origin, as referred to in Commission Regulation (EC) No. 206/2009 of 5 March 2009,
x) goods or parcels the sending of which is prohibited under all applicable legal sanctions, for example because of their contents, their intended recipient or the country to or from which they are to be sent. Legal sanctions include all laws, regulations and orders imposing any sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities or any other organisational units, including without limitation those imposed by the United Nations, the European Union and the member states of the European Union,
y) any medium containing personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data in order to identify an individual or data concerning his or her health, sexuality or sexual orientation.
2. GLS Poland shall not accept the Parcels addressed to post box numbers and where the Place of Delivery indicates a temporary address, including in particular to: hotels, guest-houses, students’ houses, hostels, therapeutic centres and sanatoriums, trade fair centres, exhibitions or beaches.
3. GLS Poland shall be entitled to terminate the Agreement with immediate effect in case the items that are consigned for shipment are the items that are excluded from the provision of Services or any other items which are not listed in point V section 1 of these Terms and Conditions, which pose a threat to the life, health or property of any entity.
VI. DUTIES OF THE CUSTOMER
1. The Customer undertakes, assures and guarantees that:
a) the Parcel is properly described on the Shipping Confirmation and that the address of the Recipient and the Sender is precisely and legibly written and the appropriate address stickers are affixed on the Parcels,
b) the ordered Additional Services are correctly marked on the Shipping Confirmation including the address sticker,
c) the return document covered by the additional DocumentReturnService is affixed and visible on the Parcel,
d) the value of the Parcel does not exceed the amount indicated in the provisions of point III section 4 of these Terms and Conditions,
e) in case the Additional AddOnInsuranceService is ordered, it obtained from GLS Poland, at least 3 (three) days prior to the sending of the Parcel, confirmation of the acceptance of the order for the performance of the Additional AddOnInsuranceService,
f) the date of shipment is indicated on the parcel and that it is labelled with SaturdayService, Saturday10.00Service or Saturday12.00Service (if applicable),
g) the Parcel has been properly packaged in a manner protecting it against loss, damage or destruction during the performance of the Service; the packaging should be properly closed and secured (in the form of seals, lacquer stamps, adhesive tapes or stickers, etc.) in a manner preventing access to the contents of the Parcel without leaving visible traces, and also have an appropriate internal protection preventing the contents of the Parcel from moving,
h) the Parcel does not contain the items excluded from the Services that are listed in point V of these Terms and Conditions,
i) the Parcel is accompanied by the set of documents required to carry out a proper customs clearance in accordance with the regulations and the specifications of the commodities included in the Parcel transported in a combined air and road transportation,
j) the data concerning the Parcels, Services and Additional Services, correct address and contact details, including telephone numbers of the Sender and the Recipient, @ address of the Recipient entered into the computer system integrated with the GLS Poland system are communicated in an electronic form to GLS Poland at the latest on the day the Parcels are sent,
k) the dimensions of the Parcel do not exceed the admissible dimensions provided in point II of these Terms and Conditions,
l) the Parcel is suitable for automatic handling during loading and sorting,
ł) the weight of the Parcel does not exceed 31.5 kg in domestic trade and in international trade.
2. The Customer shall release GLS Poland from any liability – that is both from any liability towards third parties and towards the Customer – for any damage resulting from the Customer’s culpable and non-culpable breach of the obligations indicated in the provisions of section 1. Furthermore, the Customer shall be liable towards GLS Poland and third parties for any damage incurred by GLS Poland and third parties as a result of the Customer’s culpable and non-culpable breach of the obligations indicated in the provisions of section 1. The Customer shall be obliged to repair any damage suffered by GLS Poland or third parties as a result of the Customer’s culpable and non-culpable breach of the obligations indicated in the provisions of section 1, as well as to release GLS Poland from its obligations towards third parties, if their occurrence was a result of the Customer’s breach of the obligations indicated in section 1. The obligations stipulated in this section also include the Customer’s obligation to repair any damage in the form of administrative and other penalties of a similar nature, as well as to bear the costs of conducting proceedings in their regard.
VII. SENDING THE PARCEL
1. The proof of acceptance of the Parcel by GLS Poland is the Shipping Confirmation. The Sender shall receive the copy of that document. In case of a discrepancy between the content of the Customer’s order and the content of the Shipping Confirmation, the information contained in the Shipping Confirmation shall be binding for GLS Poland, unless the parties agree otherwise in the Agreement.
2. GLS Poland may refuse to conclude the Service Agreement or withdraw from the performance thereof if the Parcel:
a) contains items excluded from the Services stipulated in point V of these Terms and Conditions,
b) fails to comply with the conditions required by GLS Poland to conclude the Agreement, as determined in point VI of these Terms and Conditions, and in particular as regards the packaging and designation of the Parcel.
3. The acceptance of the Parcel for shipment and delivery by GLS Poland shall not justify the presumption that the packaging and contents thereof comply with the conditions stipulated in these Terms and Conditions.
4. GLS Poland may accept a Parcel not meeting the conditions specified in point VI, section 1 letter g) for shipment and delivery only if the Parcel does not pose a risk to other Parcels, persons or property. In such a case, the Customer shall assume responsibility for any damage that may result therefrom, as well as for any damage or loss of the contents of the Parcel during its shipment and for any delay in its delivery caused by the need to secure the Parcel, which shall be made at the expense of the Customer.
VIII. RELEASE OF THE PARCEL
1. GLS Poland guarantees delivery of a Domestic Parcel within three working days from the date of sending the Parcel, unless an Additional Service, 10.00Service, 12.00Service, SaturdayService, Saturday10.00Service, or Saturday12.00Service, has been agreed in the Shipping Confirmation.
2. As a principle, an international Parcel is delivered to the Recipient at the Place of Delivery not later than within the time-limit resulting from the Price List. GLS Poland guarantees that the international Parcel shall be delivered within the time-limit stipulated in the Price List extended by three working days.
3. Delivery of the Parcel shall be confirmed by the Recipient by his or her own signature on an electronic device (scanner) or a paper document or by entering the Individual Parcel Collection Code (PIN code or Blik code) on the electronic device. The Customer agrees to use the printout of the Recipient’s signature or the printout of the entered Individual Parcel Collection Code (PIN code or BLIK code) from an electronic device – as proof of delivery of the Parcel by GLS Poland and shall not raise objections to such a form of proof, only due to the fact that the confirmations are obtained and kept by GLS Poland in an electronic form.
4. In case of the service Leaving the Parcel unsigned as part of the FlexDeliveryService, the delivery shall take place when the courier leaves the Parcel at the Recipient’s address, at the location properly protected from unauthorised access, as pointed out by the Recipient, to which the latter agrees by providing a relevant statement upon selecting the relevant option. The Customer, by providing GLS Poland with the Recipient’s e-mail address, agrees that the Recipient will use the FlexDeliveryService and redirect the Parcel, and will raise no objections to this form of Parcel delivery.
5. GLS Poland shall be entitled to check the identity of the Recipient by comparing the data on the Shipping Confirmation to the data on the identity documents (e.g. identity card, passport, driving licence).
6. The Recipient may not open the Parcel before signing the Confirmation of Delivery and paying any amounts due for the Parcel that result from the Additional Services ordered by the Customer.
7. In case any damage or loss of the contents of the Parcel is established before the Parcel is released to the Recipient, the Courier delivering the Parcel or the person acting on behalf of GLS Poland at the ParcelShop shall immediately draw up a protocol concerning the condition of the Parcel (protocol of damage). The Recipient may also request that the protocol of damage be drawn up if the Recipient claims that the Parcel has been disturbed. The protocol of damage shall be signed by the Courier or the person acting on behalf of GLS Poland at the ParcelShop and the Recipient. The Recipient shall receive the copy of the protocol.
8. In case the Recipient is absent at the Place of Delivery, the Courier of GLS Poland shall leave the Parcel at the nearest ParcelShop or, upon the consent of the Recipient, the Courier of GLS Poland may release the Parcel to a third party, authorised by the Recipient, being present in the immediate neighbourhood of the Place of Delivery indicated by the Recipient (’Substitute Delivery’). The immediate neighbourhood shall mean a place (premises) in the same house, building, facilities as the Place of Delivery or a house, building, structure being nearest to the Place of Delivery. In case the Parcel is left at the nearest ParcelShop, the Recipient receives a written (Attempted delivery notice) or electronic information about the address of the said ParcelShop and the Individual Parcel Collection Code (PIN) enabling to collect the Parcel.
9. In case the Recipient refuses to accept the Parcel or if the Parcel may not be delivered for other reasons that are beyond the control of GLS Poland, GLS Poland shall return the Parcel to the Sender at the cost of the Customer. The amount of the charge for the return of the Parcel is equal to the charge for the Service.
10. The refusal to pay the amounts due for the Parcel by the Recipient shall be treated as the refusal to accept the Parcel. In such a case, GLS Poland shall return the Parcel to the Sender; the costs of transport of the Parcel in both directions shall be borne by the Customer.
IX. LIABILITY OF GLS POLAND
1. GLS Poland shall be liable for the failure to perform or improper performance of the Agreement for the provision of Services and Additional Services subject to the principles resulting from these Terms and Conditions, Postal Law, Transport Law, Polish Civil Code and other appropriate legal regulations.
2. The Service shall be deemed improperly performed if any loss of the contents or damage of the Parcel or any delay in the delivery thereof occurs between the acceptance of the Parcel by GLS Poland for shipment and delivery.
3. The Service is considered not performed if the Parcel is lost after it was accepted by GLS Poland for shipment and if it is collected with a sealed mean of transportation – after the Parcel was physically registered (scanned for the first time) in the GLS Poland system. The Parcel is considered lost if it is not delivered to the Recipient or to a third party authorised by them (substitute delivery) or if it is not delivered to the Place of Delivery using FDS (return) within 30 days of the date of acceptance thereof by GLS Poland for shipment or if it is transported with a sealed mean of transportation – after the Parcel was physically registered (scanned for the first time) in the GLS Poland system.
4. GLS Poland shall not be liable if the loss of the contents or damage of the Parcel or delay in the performance of the Service or Additional Services result from, in particular:
1) the circumstances of the Force Majeure,
2) reasons due to the Sender or Recipient or a third party used thereby, which are not due to the fault of GLS Poland,
3) the properties of the items handed over for shipment,
4) the violation, by the Sender or Recipient, of the generally applicable provisions of law or the provisions of the Terms and Conditions, and in particular as a result of:
a) ) sending, by the Sender, any items under the name being contrary to the actual state of affairs, imprecise or unsatisfactory, which are not accepted for shipment by GLS Poland in accordance with the legal provisions or these Terms and Conditions,
b) the lack of the packaging, insufficient or defective packaging of the Parcel causing threat of damage or defect of the items contained therein,
c) insufficient or imprecise marking of the Parcel,
d) loading, arrangement or unloading of the Parcel by the Sender, Recipient or by persons acting on the account of the Sender or the Recipient,
e) insufficiency or defective features of the Parcels or of numbers thereon,
f) any other reasons which are not due to GLS Poland.
5. GLS Poland shall not be liable for the loss of the contents of the Parcel where the weight of the Parcel or the number of items contained therein was not checked thereby at the moment of acceptance for shipment if the Parcel is delivered without any traces of disturbance of the packaging secured by the Sender with a seal, sealing wax seal, Sender’s tape or in any other similar durable manner.
6. GLS Poland shall be liable exclusively for actual proved losses incurred by the Customer as a result of the failure to perform or improper performance of the Service or Additional Services, that is except for lost benefits, profits or income of the Customer or a third party unless they have been caused by intentional fault of GLS Poland.
7. In domestic trade, the liability of GLS Poland is limited to the amount of the usual value of the Parcel the acceptance of which was approved thereby in accordance with the provisions of these Terms and Conditions.
8. If the damage results from the circumstances being partially due to GLS Poland, the liability of GLS Poland shall be limited to the scope within which the said circumstances influenced the occurrence of the damage.
9. In domestic trade, subject to section 6 above, the amount of damages for the loss or shortage of the contents of the Parcel may not exceed the usual value of the items contained in the Parcel. The damages shall be paid out in accordance with the net value of the items excluding VAT. In case the amount of the damage in domestic trade is established in a foreign currency, the damages shall be calculated in accordance with the average rate of the National Bank of Poland of the said currency on the day of sending the Parcel.
10. In case the Parcel is damaged, the amount of compensation shall be established as the amount corresponding to the percentage of the decrease in the value thereof.
11. Apart from the compensation specified in sections 6, 7 and 10 above and section 18 below, GLS Poland shall return the charge for the transportation in full amount – in case of the loss of the Parcel, in an appropriate portion – in case of shortage of the contents thereof, and in case of damage – in the amount corresponding to the percentage of the decrease in the value thereof.
12. In case of delayed delivery of the Courier Parcel, GLS Poland shall be obliged to pay compensation in the amount not exceeding the double amount of remuneration for the Service.
13. In case of delayed delivery of the domestic Freight Parcel, if the Customer proves that the damage he or she incurred resulted therefrom, GLS Poland shall be obliged to pay compensation in the actual amount of the damage incurred, however, not exceeding the double amount of remuneration for the Service the performance of which was delayed.
14. In the case of delayed delivery of the international Freight Parcel, if the Customer proves that the damage he or she incurred resulted therefrom, GLS Poland shall be obliged to pay compensation in the actual amount of the damage incurred, however, not exceeding the double amount of remuneration for the Service the performance of which was delayed.
15. GLS Poland shall be liable for the loss, the failure to use or improper use of the filled in documents that are appended by the Sender to the Shipping Confirmation, unless he or she is not at fault. In such a case the liability of GLS Poland for proven damage is limited to the amount of remuneration for the Service for the performance of which the documents were appended.
16. In case the Sender withdraws from the Agreement for reasons being due to GLS Poland, the liability of GLS Poland for the proven damage thereunder shall be limited to the amount of remuneration for the Service the performance of which was abandoned by the Sender.
17. In domestic trade, GLS Poland shall be liable up to the amount indicated in the provisions of point III, section 4 and point VI, section 1 letter d) of these Terms and Conditions, unless it has given its written consent to a higher value shipment of the Parcel prior to its sending.
18. In international trade, the liability of GLS Poland for the loss, damage or shortage of the contents of the Parcel may not exceed the amount of SDR 8.33 per each kilogram of the missing gross weight, however, not more than the actual value of the Parcel. The above mentioned amount shall be translated into zlotys in accordance with the average rate of the National Bank of Poland as at the date of sending the Parcel.
19. If the Customer took advantage of the AddOnInsuranceService, GLS Poland shall be liable up to the amount of the limit to which GLS Poland agreed in writing prior to the sending of the Parcel.
X. LIABILITY FOR ADDITIONAL SERVICES
1. Subject to point X, sections 2-3, if as a result of the failure to perform or improper performance of any of the Additional Services the Customer incurs damage, GLS Poland shall be obliged to pay damages up to the amount of the remuneration for the Additional Service, the non-performance or improper performance of which caused damage to the Customer.
2. As regards the performance of the Additional CashService, should the Customer prove the damage incurred, GLS Poland shall be liable for the performance of the Service in question up to the amount to collect which it was obliged under the ordered Additional CashService, with the reservation that the amount that was not collected from the Recipient does not constitute the damage.
3. GLS Poland shall be obliged to hand over to the Customer the amount collected under the Additional CashService, within 7 working days of the date of collection thereof from the Recipient, however, the date of payment shall be the day on which the bank account of GLS Poland is debited.
XI. LIABILITY OF THE CUSTOMER
1. The Customer shall be liable towards GLS Poland for any damage caused to persons, equipment, other Parcels as well as for any costs resulting from:
a) providing, on the Shipping Confirmation or in any other form, indications and statements being contradictory to the actual state of affairs, imprecise, insufficient or entered in an inappropriate place as well as for the lack of the required documents or if the required documents are incomplete or incorrect,
b) a defective condition of the Parcel, the lack of packaging or defective packaging of the Parcel or improper performance of loading activities.
2. The Customer shall be liable towards GLS Poland for improper filling in by the Sender of the documents on the basis of which the Service is to be performed, including the entering of the data being contradictory to the actual state of affairs, imprecise, incomplete or data entered in inappropriate places. The Customer shall be also liable for the lack of the required documents, if the reason for the lack of the documents is due to his or her fault. The Customer shall also be liable for erroneous or imprecise information provided to GLS Poland in any other form.
3. In case the Customer fails to fulfil the obligation referred to in point VI section 1 letter k), GLS Poland shall not be liable for the performance of the Service or Additional Services and reserves the right to keep the Parcel until it receives proper data.
XII. ASSERTING CLAIMS. COMPLAINTS
1. Any claims for improper performance of the Agreement for the provision of the Service shall expire as a result of acceptance of the Parcel without reservations. This, however, shall not apply to claims for shortages or damage of the Parcel being invisible at the moment of release and reported in writing by the Recipient (or the Sender in case of the return of the Parcel) to GLS Poland, not later than within 7 (seven) days of the date of acceptance of the Parcel, provided, however, that the Customer proves that the damage was caused between the time of acceptance of the Parcel for shipment and the moment of release of the Parcel.
2. Any complaints for the non-performance or improper performance of the Agreement for the provision of the Services or Additional Services may be lodged only by the Customer who ordered the performance thereof. The complaints lodged by other persons shall be returned thereto with an instruction concerning the person entitled to lodge complaints. The complaints shall be lodged in writing at the address of GLS Poland registered office or by e-mail via the ADE-Plus system within 30 (thirty) days, and in case of the loss of the Parcel – within 45 (forty-five) days of the date of acceptance of the Parcel by GLS Poland for shipment, but no later than within 12 months of the date the Parcel was sent.
3. The complaint shall be considered within 30 days of the date of the lodging thereof.
4. If the complaint is lodged by another person than the Customer who ordered the Service, such a person should attach a document concerning the transfer of rights or a power of attorney. This shall not apply to the insurance company raising a recourse claim against GLS Poland.
5. The complaint should contain:
a) designation of the company, registered seat and address of the person lodging the complaint as well as the number of the bank account onto which the compensation, if any, should be transferred,
b) the amount of the claim together with a justification,
c) appropriate documents substantiating the amount of the claim (the original VAT invoice or a copy certified to be true to the original, calculation of the costs of production, other documents confirming the amount of the claim),
d) a copy of the Shipping Confirmation,
e) a copy of the protocol of the condition of the Parcel / a copy of the protocol of damage.
GLS Poland may request that the person lodging a complaint present additional documents necessary to consider the complaint and, in particular, photo documentation.
6. If a complaint has been lodged by an unauthorised person, or if the complaint does not meet the conditions specified in section 5 above, GLS Poland shall call the claimant to supplement it. The period referred to in point XII, section 3 shall be suspended until the claimant supplements the complaint.
7. GLS Poland shall notify the person lodging the complaint about the result of considering the complaint.
8. In case the Parcel is damaged, the Customer shall be obliged to leave it at the disposal of GLS Poland until the completion of the complaint proceedings.
9. As regards the matters which have not been regulated in these Terms and Conditions, Courier Services shall be governed by the appropriate provisions of the Postal Law and any secondary legislation issued thereunder, and by the appropriate provisions of the Transport Law and of the regulation of the Ministry of Transport and Construction on determining the condition of Parcels and the complaint procedure – with regard to Postal Consignments.
10. The lodging of the complaint shall not release the Customer from the obligation to pay the amount due for the performance of the Services and Additional Services by GLS Poland.
XIII PERSONAL DATA PROTECTION / INFORMATION ON THE PROCESSING OF PERSONAL DATA
▪ The personal data controller is GLS Poland. The controller has appointed a Data Protection Officer who can be contacted by means of a specially prepared e-mail address: firstname.lastname@example.org or by traditional mail, to the address of the data controller.
▪ All GLS Group companies located in the European Union are subject to the rules of the GDPR and other relevant national data protection laws. GLS Poland, by applying appropriate technical and organisational measures, makes every effort to protect personal data against loss or misuse. All reports on data protection are recorded and explained in detail and analysed on the basis of the applicable legislation.
▪ The data subject is entitled to:
a) receive information and access to data concerning him or her (right of access under Article 15 of the GDPR),
b) rectify his or her personal data which are inaccurate and to update his or her data (right to rectify data, Article 16 of the GDPR),
c) demand the deletion of his or her personal data (right to delete his or her data, under Article 17 of the GDPR),
d) demand the cessation of processing (right to limit processing, under Article 18 of the GDPR),
e) request the transfer of data to another controller (right to data portability, under Article 20 of the GDPR),
f) object to the processing of his or her personal data (right to object, under Article 21 of the GDPR),
g) where the processing is based on the data subject’s consent, the data subject has the right to withdraw his or her consent at any time, without affecting the lawfulness of prior processing of personal data.
In order to apply for the exercise of one of the above mentioned rights including the withdrawal of consent to data processing, one should contact the Data Protection Officer at GLS Poland. It should be indicated which right the message refers to, so that GLS Poland can take the necessary steps to meet the request.
In connection with the submitted request, for the purpose of identifying a person, GLS Poland may ask for additional confirmation of identity in order to protect against unauthorised access to the data.
The data subject has the right to lodge a complaint with the supervisory authority. In Poland such an authority is the Data Protection Office.
▪ In order to fulfil the Agreement with its Customers (Senders) [Pursuant to Article 6 section 1 letter b) of the GDPR], GLS Poland shall process the necessary data, such as:
a) Customer data (registration data, contact persons’ data on the Customer’s side, such as first name, last name, business position, telephone number, signature, e-mail address, job position),
b) Sender data (sending address and necessary contact details, signature, payment information and other data needed to perform the Service ordered by the Sender),
c) Recipient data (first name and last name, signature, address, postcode, city, country and optionally other data necessary to perform the Services and Additional Services provided by the Sender of the Parcel to the data controller, or indicated by the Recipient, such as e-mail address, telephone number).
Provision of personal data is voluntary, however, it is necessary for the performance of Services provided by GLS Poland.
If the Sender provides additional personal data of the Recipient in connection with the selection of one of the Additional Services, the Sender shall be responsible for the correct collection of such data, in particular for having the consent of the Recipient for their transfer to GLS Poland.
Within the framework of the Additional IdentService, GLS Poland shall act as a processing entity, and the data controller is the Customer. The scope of data entrusted to GLS Poland shall be decided by the Customer with whom the relevant personal data processing outsourcing agreement is concluded, pursuant to Article 28 of the GDPR.
In some cases, data are also processed: on the basis of consent [pursuant to Article 6 section 1 letter a) and Article 7 of the GDPR], in particular for marketing purposes, participation in promotional activities and competitions, or to pursue the legitimate interests of the controller [pursuant to Article 6 section 1 letter f) of the GDPR], in particular such as the possibility of asserting rights and claims, producing analyses and statistics, examining the quality of services provided, marketing own services.
GLS Poland, as a registered postal operator, processes personal data also for the purpose of fulfilling its legal obligations [Pursuant to Article 6 section 1 letter c) of the GDPR], resulting in particular from the Postal Law and the Transport Law and the Accounting Act (such as: correct settlement of the performed Service or processing of complaints).
▪ GLS Poland may provide personal data to:
a) GLS subsidiaries and subcontractors (e.g. transport partners, operating ParcelShops) within or outside the European Union for the purpose of delivering parcels from the Sender to the Recipient [Pursuant to Article 49 point 1 letter b) respectively c) of the GDPR],
b) entities which have an agreement to provide services to GLS Poland or on behalf of GLS Poland (Processors), in particular IT service providers,
c) other persons or organisations under the applicable law,
d) banks and payment operators in order to execute transactions (payments executed using the BLIK code are handled by Krajowy Integrator Płatności Spółka Akcyjna with its registered office in Poznań ul. Św. Marcin 73/6 61-808 Poznań),
e) officers and law enforcement authorities in order to meet national security requirements or as part of a legal process to protect property, or to continue an investigation related to a violation of GLS Poland rules and policies, unauthorised access or use of GLS Poland equipment, or any other illegal activity.
▪ GLS Poland processes personal data only for the time necessary to achieve the purpose for which it was collected. The period of data storage is determined based on the following requirements:
a) operational requirements: the period in which information is necessary to perform the Services,
b) legal requirements: the period during which GLS Poland is obliged to store data for a certain period of time in order to comply with the regulations,
c) GLS Poland’s legitimate interests: the period during which the data are processed for the purpose of their execution, in particular to establish and pursue possible claims in connection with the Services provided.
The archived data is accessible only to authorised employees. After the expiry of the period for which the data is authorised to be stored, it is permanently deleted.
▪ Detailed information on personal data protection at GLS Poland can be found at: gls-group.eu/dataprotection.
XIV. LIQUIDATION OF PARCELS
In cases stipulated in the legal regulations, GLS Poland shall be entitled to liquidate the Parcel by selling, gratuitous handover or destruction thereof. GLS Poland shall be obliged to notify the Customer in writing about the planned liquidation of the Parcel, giving the Customer a 14-day time-limit to present a written instruction concerning the indicated Parcel, the said time-limit counting from the date of delivery of the notification. Should the Customer fail to provide a written instruction within the said time-limit, GLS Poland shall liquidate the Parcel. Means obtained from the liquidation shall be paid out to an authorised person upon deduction of the amounts due to GLS Poland, including the costs of liquidation.
XV. FINAL PROVISIONS
1. The currently applicable Terms and Conditions and the Table of Charges together with each change thereof are available at the registered office and all branches of GLS Poland as well as at www.gls-group.eu.
2. Any and all disputes resulting from the Agreement and these Terms and Conditions shall be resolved by the common courts of law in Poznań.
3. For matters not regulated in these Terms and Conditions, the appropriate provisions of the Postal Law, Transport Law, CMR Convention and the Polish Civil Code shall be applicable.
4. GLS Poland shall inform all its Customers about changes in these Terms and Conditions in writing or electronically not later than 14 days before the Terms and Conditions become effective. The Customer shall have the right to raise an objection. The lack of an objection made in writing or electronically within 10 days of the date of sending the new Terms and Conditions shall mean that the Customer accepts them. If an objection is lodged, the Agreement is terminated as of the day on which the new Terms and Conditions become effective. The Customer undertakes to familiarise him or herself with the new Terms and Conditions each time upon the receipt of the notification about the change thereof.
5. These Terms and Conditions shall enter into force on 1st November 2020. The existing Terms and Conditions of 1st November 2018 shall be repealed as of that date.