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GLS Czech Republic General Business Conditions
pertaining to parcel forwarding and management
e-Balík
General Terms and Conditions pertaining to parcel forwarding and management General Logistics Systems Czech Republic, s.r.o.
Průmyslová 5619/1
CZ-58601 Jihlava
Hereinafter referred to as: GLS
These General Terms and Conditions are based on section 1751 et seq. of Act No. 89/2012 Coll., Civil Code, and they complement the legal regulations specifi ed in the provisions of section 2471 et seq. of the above Act and are inseparable part of the Parcel Forwarding Contract, on the basis of which GLS undertakes to ensure the forwarding of parcels and the Client undertakes to pay the contracted reward – the price of the parcel-forwarding service.
The General Terms and Conditions regulate in a binding way relations established between GLS and the Client on ensuring the forwarding of parcels.
The Client declares that they familiarized themselves with the content of the General Terms and Conditions prior to the conclusion of the Parcel Forwarding Contract and that they agree with them and accept them without reserve.
These General Terms and Conditions shall be adequately applied also to the basic Contracts of Carriage concluded before the eff ect hereof and
a) such contracts are concluded pursuant to the provision of Section 2471 et seq. of Act. No. 89/2012 Coll., Civil Code;
b) should these General Terms and Conditions mention a Forwarder this shall be understood as a forwarding agent;
c) should these General Terms and Conditions mention a Client this shall be understood as a purchaser of transportation;
d) should these General Terms and Conditions mention a Parcel Forwarding Contract this shall be understood as a contract of carriage.
1. Introduction, concepts defi nition
1.1 GLS provides integrated domestic and export parcel forwarding and express forwarding services to business, institutional and corporate Clients generally endowed with legal person, or natural person undertaking pursuant to the Trades Licensing Act entering into basic Parcel Forwarding Contracts with GLS in respect of the use of such services, and make payments for the service periodically, paying of such is settled retrospectively, based on the volume of provided services.
1.2 GLS shall be entitled to refuse the conclusion of the Parcel Forwarding Contract or to suspend the performance thereto for whatever reason, even without giving any reason.
1.3 GLS only forwards carriage-paid-to parcels, i.e. the Client in all cases makes payment for the provision of forwarding services.
1.4 These General Terms and Conditions defi ne the rights and duties undertaken by GLS and the Client in order that GLS may perform the forwarding of parcels at the appropriate standard of quality.
1.5 GLS in all cases provides delivery from the Client directly to the Addressee (door-to-door), and operates communication devices and an organizational apparatus enabling the Client to obtain answers to all inquiries related to parcel delivery, either over the phone, via email or via the internet.
1.6 Although the GLS product partly comprises an intermediated service (based on a subcontractor performance), the GLS technology ensures parcel tracking and tracing throughout the entire process.
1.7 Defi nition of terms used in the General Terms and Conditions:
Forwarder – trading company General Logistics Systems Czech Republic, s.r.o. Company registration number 26087961, with registered offi ce at Průmyslová 5619/1,586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Part C, Insert 66184 (hereinafter referred to as GLS only).
Client – an entity which has entered into the Parcel Forwarding Contract with GLS or another contract related to the transportation of things.
Sender – an entity marked on the parcel as the "Sender".
Addressee – an entity marked on the parcel as the "Addressee" who is to accept the parcel.
Parcel – a thing accepted by GLS for the provision of a service under the Forwarding Contract or another contract related to the transportation of things concluded between the Client and GLS , supplied with a GLS parcel label.
Export Parcel – a thing accepted by GLS for the provision of a service under the Forwarding Contract or another contract related to the transportation of things concluded between the Client and GLS, supplied with the GLS parcel label, where the address of the place of delivery is outside the Czech Republic.
Parcel Label – a label containing a GLS bar code and placed on the upper and the biggest side of the parcel that is used to identify the Sender, Addressee, and address to deliver the parcel to.
Parcel Forwarding Contract – a contract made between GLS and the Client in writing or in another form under the provisions of Section 2471 et. seq. of Act No. 89/2012 Coll., Civil Code.
IOD – information on delivery of the parcel provided electronically or verbally.
POD – written confi rmation of parcel delivery.
Rollkarte – a summary used by GLS, issued according to numbers of parcels in which the Addressee confi rms receiving the parcel.
Scanner – an electronic device used to record data during transportation of parcels, including the Addressee's electronic confi rmation of the parcel delivery.
GLS Network – members of the GLS system at a specific time.
Dispensing Place – the external partner location identifi ed as a GLS ParcelShop or technical equipment where parcels are dispensed upon the proof of authorization to pick it up.
Off er – a GLS proposal specifying all price terms and conditions, including the amount of the remuneration and the price of each forwarding service. By concluding the Forwarding Contract (see 3.1) the Client accepts the Off er and agrees to pay for the provision for forwarding services.
Parcel dispatch system – GLS software or online portal used for generating a unique parcel code, printing a parcel label and transferring the required data from the Client to GLS.
Own parcel dispatch system – a system used for generating a parcel label and transferring the required data established and supplied by GLS.
Own parcel label – it is a parcel label which is generated by the Client's own system and by own resources, or the Sender. The label shall meet the requirements for the right shape, locating of obligatory information and a correct format of the bar code.
1.8 GLS operates a Customer Service Offi ce for the Clients at its headquarters which is open from 7 a.m. to 6 p.m. on working days and provides information, upon parcel reference numbers, on parcel delivery (IOD), sends proof of delivery (POD) to the Client upon request, and handles any complaints related to parcel delivery. GLS also operates an independent Customer Service Offi ce for the Addressees. An Addressee is supplied information on their parcel upon the parcel reference number.
1.9 The Customer Service Offi ce contacts: Phone: +420 567 771 111 Fax: +420 567 771 199 Email: info@gls-czech.com Website: www.gls-czech.com
1.10 Information on the delivery status of parcels is also available on the GLS website in the main menu, no earlier than the subsequent business day following their receiving, after entering the parcel reference number.
2. Enquiries, complaints management
2.1 The Client or its representative may make enquiries at the Customer Service upon the parcel number, and may request the parcel information specifi ed herein: information on delivery (IOD), as well as a delivery certifi cate (proof of delivery, POD). The parcel information (IOD) of parcels dispatched within the recent 3 months is provided immediately, and the delivery certifi cate (POD) of parcels dispatched within the recent 3 months is sent within 4 hours. The parcel information is, then, kept to be available for another year minimum; however making it available extends to 3 working days.
2.2 All complaints regarding loss or damage of parcels received by the Customer Service Dpt shall be passed for investigation and handling to the Complaints Department of GLS. Complaints shall be made in writing.
2.3 In the case of a complaint, the Customer Service Dpt receives it, ensures its investigation and undertaking relevant corrective measures, and informs the complainant accordingly upon.
2.4 The Customer Service and Complaints Departments settle all the claims and complaints in writing within the shortest possible time, but not later than within 30 days from the time the complaint is made.
2.5 The complaints are registered and the causes of the errors, if any, are eliminated in accordance with the stipulations of the ISO 9001 quality management system.
3. Purpose and geographical validity of the GLS General Terms and Conditions
3.1 GLS provides the parcel-forwarding service solely upon a valid and eff ective Parcel Forwarding Contract. The contract may be concluded in a usual form – in writing, electronically, or after receiving the Off er and in accordance with the content of the Off er, or alternatively also orally or implicitly. However, in all cases the necessary precondition for the contract validity is that the Client owns the required number of parcel tickets, issued by GLS for posting the parcels, or the Client prints the parcel tickets and forwarding information on their own in accordance with the GLS system regulations, and uses these tickets whenever parcels are dispatched.
3.2 These General Terms and Conditions shall be valid for all the activities of GLS, including primarily for undertaking of integrated parcel-forwarding tasks, collection, loading, unloading, handling and reloading of parcels, temporary storage of parcels in the case of failed delivery as well as for administration of export parcel forwarding within countries belonging to the GLS Network.
3.3 These General Terms and Conditions shall apply exclusively to transport-related tasks covered by contracts concluded with GLS, and therefore they shall not apply to import parcel forwarding in the case the Client concludes a contract with another member of the GLS Network in accordance with the General Contractual Conditions of the foreign partner.
3.4 The products and services provided by GLS:
a) a domestic, 24-hour integrated parcel delivery service, with delivery usually on the day following the collection, provision of information regarding the transit time,
b) integrated export parcel delivery to EU member states and to Norway and Switzerland, in collaboration with the GLS Network,
c) import of parcels sent by members of the GLS Network to the Czech Republic from the above mentioned countries, customs clearance of the parcels in accordance with the Addressee's instructions, and parcel delivery.
3.4.1 Domestic integrated parcel forwarding: In accordance with the request of the Sender, GLS performs parcel pick-up at the location specifi ed by the Client and parcel delivery keeping the parcel constantly under surveillance from pick-up to fi nal delivery. The Sender can also keep track of the parcel as well as any information related to the parcel, and the proof of delivery are retrievable at any time (within a delimited period). In the event of an address change, GLS also undertakes to clarify the address and to deliver the consignment to the new address. The service also includes the second delivery attempt following the fi rst unsuccessful one, and – in the event of an address change – the delivery of the parcel to the new address, or, at the Addressee's instruction, to the original address at a diff erent time.
BusinessParcel: A rapid and effi cient door-to-door parcel delivery service. Within the Czech Republic, we deliver the parcels collected at any town or village in working hours (between 8 a.m. and 5 p.m.) on the working day after the pick-up day. The second delivery attempt is free of charge.
ExpressParcel: Delivery of urgent parcels at the required time, by noon the other day after pick-up at the latest. Only available in certain towns; a list of these towns is available on the GLS website. In the event of a delay for reasons attributable to the service provider, the transport charge and twice the surcharge charged for the service shall be credited to the Client as fi xed-amount compensation.
BusinessSmallParcel and ExpressSmallParcel: Special handling for parcels under 3 kg: separate sorting, carriage in special GLS bags, simple procedure for designating consignments as "small parcels" using a GLS template.
3.4.2 Export Parcel Forwarding (international integrated parcel forwarding services): Parcels are delivered by foreign contractual partners of GLS Network while GLS ensures that a parcel remains under the surveillance of GLS from its collection to delivery, and that the information related to parcels as well as the related proof of delivery can be retrieved at any time (within a delimited period). The transit time of export parcels (excluding customs clearance, it is the time from pick-up until the parcel arrives at the depot of the target country to have customs clearance performed) varies according to the target country, from 1 to 5 working days following pick-up. The time required for customs clearance varies according to the local regulations, and the related charges are borne by the Client or the Addressee. If in the case of Export Parcel Forwarding the Client or the Addressee fail to meet customs clearance payment obligations, GLS shall not have the obligation to deliver the parcel directly to the Addressee and at the same time GLS shall have the right to charge the costs emerging provably in connection with customs clearance to the Client. In the event of an address change, GLS undertakes to clarify the address and to perform delivery to it. The service includes the second delivery attempt in case of the unsuccessful fi rst delivery. EuroBusinessParcel and Euro BusinessSmallParcel: Reliable, quick and effi cient road parcel forwarding from the Sender directly to the Addressee (door-to-door) with advantageous delivery times in 41 European countries.
3.4.3 Value-added services available to domestic Clients for special prices: (These services may only be ordered through GLS Parcel Dispatch System.) Guaranteed24Service: Guaranteed next-day delivery – with this service GLS undertakes to ensure delivery within the Czech Republic on the working day following pick-up, with guarantee of compensation in case of not meeting this deadline due to GLS fault.
Pick&ReturnService:Pick-up and return – GLS, on the instructions of its contracted partner, collects the parcel at a specifi ed location and delivers it to the Client anywhere in the Czech Republic. The Sender is responsible for correct parcel labelling at the loading location.
Pick&ShipService: Pick-up and shipping – GLS, on the instructions of its contracted partner, collects the parcel at a specifi ed location and delivers it to any specified address in the Czech Republic. The Sender is responsible for correct parcel labelling at the loading location.
CashService: Cash-on-delivery – The settlement and bank-transfer of the cash taken upon delivery performs automatically at least twice a week; a surcharge for the service includes the cost of the bank transfer in the particular country. A service fee is also charged in the event of an unsuccessful attempt to deliver the parcel. In the case of an export parcel, with the exception of Slovakia, the Client has to have a domestic currency account (a HUF account kept in Hungary, a RON account kept in Romania, a EUR account kept in Slovenia and an HRK account in Croatia) in order to be able to use the service in these respective countries.
ExchangeService: Parcel exchange – GLS picks up an exchange parcel at the delivery of parcels for which the service has been ordered.
FlexDeliveryService: Flexible delivery – the service off ers 6 optional solutions and 3 delivery attempts for fl exible delivery and at the same time it ensures continuous information of the Client via e-mail or SMS. The fi rst message contains the information that the parcel will be delivered on the following business day, information on the Sender and/or the COD amount to be collected. The second message sent on the delivery day contains an anticipated delivery interval, the contact GLS phone number. The Addressee themselves may decide about the second and third attempt to deliver via an internet application.
AddresseeOnlyService:For confi dential consignments – By ordering this service, the Sender can specify the person who will accept the parcel. Delivery of the parcel takes place upon presentation of the identity card or the passport. The number of the identity card or the passport is indicated in the Rollkarte.
DeclaredValueInsuranceService: Declared-value insurance which may be arranged on a one-off basis for individual parcels. The service may be ordered by fi lling a request form up via Customer Service offi ce, or on-line via the GLS Parcel Dispatch System (on-line only up to CZK 100,000).
AddOnInsuranceService: In addition to the automatically provided insurance coverage, additional fl at-fee insurance can be ordered for any parcel type. The fee for the additional insurance is the subject to an individual agreement.
ThinkGreenService: This is a service of CO2 neutral transportation. By ordering this service, the Sender contributes to projects of greenery planting which compensates CO2 emissions caused by the transportation of the given parcel.
ShopDeliveryService: Parcel delivery for personal collection directly at the GLS ParcelShop selected already when ordering of the transport.
ShopReturnService: Possibility of goods returning free of charge to the Sender via any GLS ParcelShop upon a pre-printed parcel label.
GuaranteedHomeDeliveryService: Comfortable delivery exclusively to a chosen address in CR with guaranteed compensation in case of service failure resulting from GLS fault.
4. Parcels, parcel labels, packaging, addressing, sealing
4.1 Careful and adequate packaging of goods ensures that the dispatched parcel is capable of mechanical parcel handling, loading and effi cient public-road transportation, enabling the goods to be delivered to the respective address without damage. GLS only assumes responsibility for properly packed consignments equipped with a proper parcel label.
4.2 In the GLS system, parcels are processed by means of industrial technology. Parcels which may not be processed by means of the usual technology used in parcel forwarding may not be accepted for dispatch.
4.3 For packaging, the Client shall be obliged to meet the following requirements:
a) Only fully sealed, closed parcels with a parcel label are allowed to be dispatched.
b) Parcels are not allowed have long, sharp protrusions.
c) Box space must be utilised optimally; the appropriate size and quality of the packaging material, and fi lling out of the entire package to protect the goods from damage have to be assured. The inner fi lling of suffi cient thickness has to protect the goods around the whole circumference. The goods is never allowed to be in direct touch with the shipping cardboard box.
d) Breakable goods have to be packaged in Styrofoam or another padding material; the "fragile", "this side up", or any similar inscription only serves as information and does not guarantee protection of the goods.
e) Electronic devices sent for repair should be dispatched in their original, complete packaging, with appropriate padding.
f) Bottles and glasses placed in parcels have to be packed in the package certifi ed for the parcel transport. Irregular-shaped goods diffi cult to package must be protected from damage with shrink-wrapping under which another layer of packaging material shall be used.
g) Cardboard boxes have to be sealed on the sides with adhesive tape with the Sender's company logo, if possible.
h) Boxes strapped together in a bundle are excluded from the transport. Bundles may fall apart and only the parcel unit identifi ed with a label will arrive at the destination point.
i) The parcel label, translucent self-adhesive packaging containing a consignment note, and labels denoting special services have to be attached to the largest side of the parcel.
General Terms and Conditions General Logistics Systems Czech Republic s.r.o. (valid with eff ect from November 1st 2020) Page 3 from 7
j) If several parcels are dispatched to the same address, labels indicating the use of special services must be attached to each of the parcels.
k) If the CashService is ordered, the full amount to be collected has to be sent electronically before the commencement of dispatch (no later than by 8:00 p.m. on the day of accepting the parcel) in a manner determined by GLS. If CashService is not ordered by the Client in the above specifi ed way, or if it is not ordered in compliance with the concluded Forwarding Contract, these General Terms and Conditions or other GLS instructions, particularly if contrary to the GLS Off er it is ordered to a country where GLS Czech Republic does not provide this service, it will not be considered. Using a standard GLS label, this service information has to be listed on the parcel itself. The standard GLS label always has to indicate the amount to be collected which must correspond to the value of each part of the parcel. In the case of an incorrect or unclear order, GLS will try to contact the Client to clarify the data.
l) Hazardous goods is not allowed to be dispatched, even if marked as such.
4.4 GLS considers important to prevent damage and therefore it off ers free advice to its clients through its web pages or Customer Service on how to proceed in packaging. A "Fragile" label or other similar signs in no way exempt the Sender from the obligation to package the goods appropriately according to their nature. Such label does not protect the goods!
5. Collection of parcels
5.1 The parcels are collected solely from the Client's premises registered in the GLS system. The Clients are allowed – based on a separate written agreement from GLS – also to dispatch their parcels provided with parcel and transport labels at the GLS parcel hub (sorting plant, regional depot or GLS ParcelShop) at pre-arranged times. In this case the parcels are placed on the conveyor line or another defi ned spot by the Client.
5.2 A request for another collection spot is submitted by the Client in writing to GLS for approval.
5.3 When picking up the parcels, the GLS driver does not check the adequacy of parcels, but he/she may refuse to accept those parcels that are clearly inadequate. The pickup of the consignment does not mean approval of any exception from the valid provisions of these General Terms and Conditions.
5.4 Parcels for dispatch are accepted either by the respective driver or a parcel depot employee against an Acknowledgement of Receipt which serves only to confi rm the quantity of parcels accepted for transport. The itemised registration and weighing of parcels takes place, in accordance with the provisions of the contract, at a GLS Depot or at the central GLS parcel sorting plant.
5.5 The Client may use the following possibilities for the documentation of dispatched parcels:
a) Electronically generated list of the consignments from the GLS Parcel Dispatch System,
b) Copy of the shipment label,
c) Parcel number mini sticker (self-adhesive, 2 copies detachable from the shipment ticket),
5.6 GLS undertakes to settle accounts with the Client based on the number of dispatched parcels. In case of doubt, item-by-item reconciliations can occasionally be carried out based on the Client's parcel-number records. If agreed between the parties, GLS may also provide parcel data via the computer system.
5.7. If the Client, without a prior consent of GLS, signifi cantly exceeds the agreed or usually dispatched quantity, weight or volume of dispatched parcels, GLS has the right to accept the above-limit parcels only after concluding an amendment to the Forwarding Contract.
6.1 Upon delivery, the carefully packaged and legibly addressed parcel is handed over to the Addressee by the delivery driver. When the driver arrives at the destination to deliver the parcel, he may not be kept waiting; if he is kept waiting, the delivery process may be broken off .
6.2 Parcels are handed over upon signing of the receipt by the Addressee, or by other persons who, under the given circumstances, can be assumed to be entitled to receive the parcels. These include, primarily, the persons present in the premises of the Addressee and, for parcels sent to a private address, the persons present at the address. For registered parcels, only the Addressee or a person equipped with a letter of authorization are allowed to be handed the parcel over. By giving his/her signature the Addressee confi rms that the parcel has been delivered properly and it meets all prescribed requirements.
6.3 In the case of delivery of a registered parcel in terms of "AddresseeOnlyService", the Addressee is the person designated by the Sender. This person has to provide documents to prove his/her identity. In this case, besides the recipient's signature, the number and type of the document presented by the recipient to prove their identity has also to be indicated.
6.4 In the case of the CashService (if such has been ordered), delivery shall only take place after the cash amount due has been paid and the Addressee shall confirm the receipt of the consignment with their signature. The recipient shall not open the parcel before performing these actions. The recipient can pay the COD value with a payment card or in cash. In case of the COD payment with a payment card, the Client will be charged extra surcharge in accordance with the currently valid price list.
6.5 If required by the Client, a standard consignment can be delivered via a dispensing place. Takeover is authorized by the identity card or by a unique password sent by GLS to the Addressee via e-mail or SMS. In such a case the provision in 7.3 is not followed and there will be no other delivery attempt to the original address.
6.6 In the process of sending consignments, GLS will consider as valid only such instructions it receives from the Client.
7. Weight and size restrictions
7.1 Parcels may be dispatched in a weight of up to 40 kg per a parcel. The girth of the parcel (i.e. 2x height + 2x width + 1x length) shall not exceed 3 m, and the maximum permitted parcel sizes are: length 2 m, height 0.6 m, width 0.8 m. For BusinessSmallParcels the maximum parcel weight is 3 kg and the length is 40 cm. The parcel has to be capable of passing through a triangular template for small parcels (approx. 5 x 30 cm).
7.2 Each parcel is weighed by GLS automatically, in accordance with the provisions of the contract, when the parcel arrives at the regional collection depot or the central sorting centre, using electronic calibrated scales. The measured weight is joined with the parcel number and automatically registered. The measured weight data serves as the basic data for the automatic invoicing process.
7.3 Within the GLS system, parcels exceeding the weight of 40 kg or the specifi ed size limits will not be forwarded. GLS shall be entitled to send any consignments which cannot be forwarded due to the above reasons by means of another carrier that undertakes the shipment of such consignments, and to charge any related costs to the Client. The General Terms and Conditions shall not apply to such consignments, and the declared delivery time shall not be valid in these cases.
7.4 Consignments delivered via a Dispensing Place can have the weight 15 kg max and dimensions: length 1 m, height 0.6 m, width 0.8 m.
8. Objects excluded from the scope of GLS services
8.1 The parcels or items listed below will not be transported by GLS (consignments or goods excluded from providing carriage):
a) goods packed inadequately and/or not in the standard forms of packaging customary in this industry, i.e. goods which are not packed and protected in a manner corresponding namely to their weight, shape, character, material they are made of and to their nature,
b) consignments which are clearly overweight or oversized; If GLS accepts such a consignment for the provision of the carriage, it stipulates the right to charge a surcharge for an oversized consignment,
c) bundled parcels, parcels dispatched in wooden crates, parcels obviously damaged,
d) perishable goods, infectious or malodorous goods,
e) human or animal remains,
f) living animals and plants,
g) consignments in sacks, bags, or loose-packaged consignments,
h) cash, precious metals, genuine pearls, precious stones, jewellery, works of art, antiques, stamps and other valuables
i) objects and documents convertible for cash, services or goods, e.g. payment cards, token money, tickets, lots, lottery tickets, securities, including shares, cheques, bills of exchange etc.
j) consignments containing personal identity documents and other IDs or documents, e.g. business documents, documents containing sensitive data etc. objects with sentimental value, unreplaceable objects as well as objects with low value whose loss or damage would however recall high harm,
k) temperature-controlled goods,
l) munitions, firearms, explosives and similar items, with the exception of consignments containing mechanical weapons for which the tightening force is less than 150 N, and therefore they do not fall under "category D" weapon under Act No. 119/2002 Coll., on firearms and ammunition, as amended),
m) parcels addressed to the Addressee's post-offi ce box,
n) in the case of international consignments of goods subjected to consumption tax, for example alcoholic drinks and tobacco products,
o) movables listed in the ADR Convention (international transport of hazardous goods on public roads) or IATA Convention (air transport of hazardous goods) as hazardous goods. In case of any questions or concerns, please contact customer service to obtain the current text of these conventions,
p) vehicle tires with exception of motorbikes,
q) unpackaged rims and those with tires,
r) car batteries,
s) pressure vessels,
t) liquid goods, in particular goods packed in buckets, cans, tins, glass containers, etc.,
u) goods the value of which exceeds CZK 125,000 or equivalent of EUR 5,000 for export parcels,
v) goods or parcels the shipment of which is prohibited under any applicable law (e.g. due to their content, intended recipient, or the country to or from which they are to be sent). Applicable laws include all laws, sub-statutory legal norms (such as ordinances, regulations or measures) which can be used to impose a sanction, any trade restrictions and economic sanctions against countries, persons or entities (e.g. embargoes) including measures established by the United Nations, the European Union and the Member States of the European Union.
8.2 If the Client, or a person authorized by them, passes a parcel containing goods excluded from providing carriage to GLS for transport without an expressed written consent by GLS, the Forwarding Contract is not concluded, and GLS bears no liability for any damage caused in relation to handing over and delivery of the parcel which is excluded from providing carriage. In such a case, the Client is obliged to pay to GLS all costs connected and all damage caused to GLS.
8.3 GLS is not obliged to accept parcels which are excluded from providing carriage and has the right (not obligation) to refuse these parcels. By accepting a parcel to carriage, GLS does not waive the right to refuse providing carriage if it later obtains reasonable suspicion that the parcel contains objects excluded from providing carriage under these General Terms and Conditions, or under legal regulations or terms and conditions of GLS contractual partners. In such a case, GLS shall be entitled, at the Client´s costs if there are any, either to deliver the Parcel to the Addressee, or return it to the Client, or handle the Parcel in a diff erent manner, including its disposal in the last resort case, based on concrete circumstances and suitability so that the occurrence of potential damage or risk is prevented, if possible. The Client will be informed about handling the parcel.
8.4 In the case of parcels with foreign destination, personal belongings, goods subjected to consumption tax, as well as goods accompanied by an ATA Carnet document are also refused from shipment.
9.1 GLS provides services as a carrier agent, and for fulfi lling freight-forwarding tasks it uses services of individual carriers whose activities it monitors throughout the entire process and the quality of which it guarantees. Activities performed by the above-mentioned carriers appear in the invoice as mediated services which, due to the nature of such services, are not stated independently.
9.2 GLS accepts for carriage parcels which are sealed and intact, without checking their content, and has them forwarded to Addressees as such, i.e. sealed and without their content being checked.
9.3 In the event of any visible damage to the parcel or the packaging, GLS allows the Addressee to check the content of the parcel upon delivery, and the result of such a check is recorded by the delivering driver in a report assembled together with the Addressee. A record on damage is not any exercise of the claim for damage.
9.4 Scope, characteristics and conditions of the service:
9.4.1. Services compose of: acceptance of parcels handed over at a GLS Depot, in a parcel sorting plant or at the site designated by the Client, collection and carriage of parcels to the Addressee, solely carriage paid to. GLS primarily executes the instructions of the Client, and undertakes to forward the parcel, costs of which are borne by the Client.
9.4.2. Parcels are released against a signature of the Addressee or of any other person who, depending on circumstances, could be considered as authorized to receive the parcel. These include, primarily, the persons present in the premises of the Addressee and, in the case of registered parcels, only the Addressee or those in possession of the appropriate letter of authorisation. In the case of delivery via a Dispensing Place, delivery is concluded after presenting of the identity card or by entering the specifi ed password.
9.4.3. Parcels passed to GLS at the pick-up place by 5 p.m. will be delivered within the Czech Republic on the next working day ("24-hour" does not refer to the precise transit time, but only means the next working day). The Client may also send ExpressParcels (morning deliveries) to locations specifi ed in the list provided by GLS (deliveries performed by 12 a.m. the next working day), under the terms of the contract. In the case of export consignments, the transit time is between 1 and 5 working days (indicative data only), which may be extended by the time required for customs clearance.
9.4.4. If the fi rst delivery attempt is unsuccessful, the second delivery attempt is included in the service. If the fi rst delivery attempt fails due to an incorrect address or other circumstances which can be corrected by the Client, GLS will call upon the Client to make the correction. If the second (third with the FlexDeliveryService) attempt is also unsuccessful, the parcel will be returned to the Sender. Any undeliverable parcels are stored by GLS for up to 5 working days (or for up to 10 working days if the Addressee has indicated being on holiday), after which the parcels are returned to the Sender, without any other notifi cation. If the Addressee refuses to accept the parcel, or if the Client requires transport to be cancelled, the second delivery attempt is not performed, and the parcel is automatically returned to the Sender.
9.4.5. Information on delivery (IOD) of dispatched parcels will be provided by GLS to the Client from the morning of the working day following pick-up, either by phone or through the web-based Track&Trace system on the offi cial GLS website. The Client may request a written proof of delivery (POD) which is free of charge for up to 5 % of the average daily number of parcels consigned by the Client. GLS is entitled to charge a reasonable document-completion fee if this is justifi ed by the excessive demands for delivery-related certifi cates. The countersigned consignment note ("Rollkarte POD") or the acknowledged and signed electronic or scanned receipt replacing it shall qualify as appropriate proof of delivery.
9.4.6. CashService, that is the collection of cash on delivery, is provided in the event of the Client's timely completed order sent via an electronic channel and confi rmed by GLS, or based on an order recorded in accordance with the provisions and by the specifi ed deadline in the GLS Consignment Dispatch System, and only to the countries in which GLS Czech Republic off ers this service. Then GLS is fully responsible for the collection of cash on delivery (upon the proof of delivery or cash receipt). Subsequently, Cash-Service cannot be added, be cancelled or the COD amount cannot be changed. Any failure to collect the COD amount, however, shall not result in the creation of a debt on the part of GLS towards the Client, and the Addressee shall continue to be liable for payment of this amount within the framework of the original legal relationship, and the usual insurance conditions shall not cover any uncollected COD amounts. In the case of any uncollected COD amounts, the liability of GLS shall extend to the limit of the collection service fee. In addition to this, GLS shall be obliged to cooperate in the subsequent collection. If collection of the COD amount fails due to reasons demonstrably attributable to the wilful misconduct or negligent business conduct of GLS, a damage claim in this respect may be raised in accordance with the Civil Code. The amount to be collected per one parcel may not exceed CZK 60,000 (sixty thousand CZK).
9.4.7. When ordering the CashService, the Client acknowledges that GLS is an entity responsible only for collecting the amount and that GLS is not authorised to act on behalf of the Client or to conclude any contract with the registered consignment Addressee on behalf of the Client. In addition, GLS points out that it is not the liable entity under Section 2 of Act No. 253/2008 Coll., on selected measures against legitimisation of proceeds of crime and fi nancing of terrorism; which does not mean that the Client is not this liable entity. The Client is obliged to follow all the obligations stipulated by Act No. 253/2008 Coll.
10. Parcel forwarding fee, reimbursement of costs
10.1 GLS and the Client have, under the Parcel Forwarding Contract and any amendments thereto, agreed upon the prices. (The contract is also to be deemed concluded if the Off er has been accepted either verbally or in writing, or if consuming of the service has commenced.) The prices are based on a volume weight assumption of 1m3 = min. 300 kg.
10.2 The payment of returned goods, redirected parcels and goods of unusual sizes from the Client is settled in accordance with the currently valid price list.
10.3 In cases of parcels forwarded to non-EU countries, GLS only undertakes to provide export parcel forwarding with DDU or DDP rules.
10.4 Special customs clearance orders are performed by GLS exclusively on the basis of a prior agreement!
10.5 In case of export parcels, the Client is obliged to conclude duly an agreement upon bearing of costs with the Addressee, and the Client is obliged to submit the related order to GLS only in compliance with such an agreement.
10.6 For shipment of export parcels, the Client undertakes to acquaint themselves with applicable legislation of the destination country and is responsible for accuracy of the specifi ed delivery rule. If, based on the given delivery rule, the foreign Addressee is obliged to pay customs fees, taxes, costs and expenses, and the Addressee fails to meet these requirements, the GLS's obligation to deliver the parcel directly to the Addressee ceases and the shipment is considered to be performed upon its delivery to the customs warehouse or a similar place according to the target destination. If there are any costs incurred to GLS, caused by the Addressee or due to breach of the Client's obligations specifi ed in this paragraph, the Client is obliged to pay all such costs incurred to GLS, even if the parcel has not been delivered directly to the Addressee.
10.7 The Client acknowledges that even if the parcel is exempted from taxes and customs duty, this does not mean that there may not arise customs clearance fees or other costs and expenses in relation to customs proceedings or other similar proceedings. The Client shall be obliged to pay all expenses to GLS which GLS as a forwarder had to pay for the foreign Addressee or the Client.
10.8 In case the COD amount is paid via credit card, the Client undertakes to pay theadditional fees for the executed cashless payment under the current price Off er, and this amount will be invoiced to the Client together with the other services.
10.9 GLS has the right to react to the current price development of fuels and to charge fuel surcharge. The price shall also include so-called toll surcharge the amount of which is set upon the current toll rates in the given calendar year. The amount of surcharges and the method of their calculation are part of the current Off er as of the day of its processing and they are available on GLS offi cial website. However, the fuel surcharge and toll surcharge amounts are updated every month according to the price development. In the event of any discrepancy between the data provided in the Off er and on GLS website, the information provided on the website shall prevail, unless the parties agree otherwise.
10.10 GLS has the right to modify the Off er unilaterally in the case of Client's long-term deviation from the parcel parameters which gave the platform for the Off er calculation, or if it is justifi ed by signifi cant changes in the operating, overhead and other costs on the side of GLS. If the Off er is modifi ed, GLS is obliged to notify the Client of such modifi cation at least ten calendar days prior to the entry of such modifi cation into force via e-mail to the address provided by the Client. If the Client does not notify GLS in writing or via e-mail of their disagreement at latest one working day before the eff ective date of the proposed changes, or if the Client orders parcel shipment after the eff ective date of the proposed changes, it is considered as the Client's agreement with the proposed modifi cations or amendments.
10.11 If the Client expresses their disagreement with the modifi cation of the Off er, they are entitled to withdraw from the Forwarding Contract. If the Client fails to do so, they are bound by the new Off er beginning on the fi rst day of its eff ect.
11. Rights and obligations of the Parties
11.1 The Client is obliged to package each parcel in compliance with industrial standards pertaining to parcel handling, to provide parcels with adequately completed standard GLS parcel labels and respective documents. The address of the parcel – especially the Addressee's details – have to be complete.
11.2 The Client is obliged to pass all the shipping data to GLS before the commencement of dispatch in an electronic manner and in an approved format. In case of any missing data, GLS has the right to suspend dispatch even without the prior notice and to return the consignment to the Client or the Sender.
11.3 GLS is not liable for any errors in fi lling-in labels or errors in the transmitted data.
11.4 GLS is not obliged to warn about any incompleteness or incorrectness of documents or data.
11.5 The Client is not entitled to conclude on its own behalf the Parcel Forwarding Contract with GLS to the account or in favour of third parties without a written consent by GLS. Such a written consent shall contain especially the Client's duty to inform third persons duly on the carriage terms and conditions and to adjust the related Client's responsibility. In case this obligation is broken by the Client, GLS is entitled to suspend the process of parcel delivery and to withdraw from all contracts concluded with the Client eff ective immediately.
11.6 The Client is further liable to GLS and to every carrier authorised by GLS and their customers for all damage and injuries caused by the Client failing to meet some of its obligations hereunder, in particular for damage caused by the consignment or its content.
11.7 The Client is obliged to pay the service charge by the defi ned deadline, by bank transfer to the bank account of GLS.
11.8 If the Client consigns goods excluded from GLS services, see Article 9, or fails to meet its obligations set above, GLS may temporarily refuse to provide the services.
11.9 The Client is liable for any misuse of the parcel label in the full scope. The Client is obliged to: a) furnish each parcel with one valid parcel label; all old labels have to be removed; b) use solely the allocated numerical series of the parcel labels and once these are used up, to apply for issuing of a new numerical series; c) refrain from using any numerical series other than the allocated one. It may not use the same numerical series repeatedly. d) make sure that two diff erent parcels are not equipped with an identical parcel number;
11.10 The Client may not pass the parcel label to other persons. In case this happens, they shall be liable for the parcel label as if it has used it for the carriage of its own parcels.
11.11 If the Client breaches the above stipulated obligations, GLS is entitled to block the numerical series allocated to the Client for printing of the parcel labels and to charge a fee (contractual fi ne) CZK 500 for each individual breach.
11.12 GLS reserves the right to refuse, suspense, cancel, postpone or return any parcel at any time if such a parcel could damage or delay other parcels in the opinion of GLS. The same holds also in the case parcel carriage is not in compliance with legal regulations or any other provision of these General Terms and Conditions, or in case the Client has a receivable overdue towards GLS. The fact that GLS takes over a parcel does not mean that such a parcel complies with valid legal regulations or with these General Terms and Conditions
12. Right of disposal
12.1 The Client may, in the absence of the Addressee, authorise GLS to deliver the parcel to a neighbour or another appropriate person, or to the mailbox or to the dispensing place. In the case of such – written or verbal – authorisations, the certifi cate of receipt (IOD, POD) will be prepared in a modifi ed format.
13. Invoicing, payment
13.1 GLS performs the service exclusively on the basis of the payment of the price for forwarding services by the Client; it does not forward parcels where the price for transport is to be paid by the Addressee. GLS acquires the right to be paid the price at the moment of handing over the parcel so that the carriage is provided.
13.2 The invoice for the service is always prepared in arrears, in one or two invoicing cycles per month, as agreed.
13.3 GLS invoices the performance by a service type, in a single amount, on the platform of the parcel registration in the fi rst (initial) GLS hub.
13.4 The invoice payment is due within 7 calendar days from the date of the invoice issue. Invoices are always settled by bank transfer. The Client is obliged to settle the invoice by bank transfer by the specifi ed deadline. In the event of delay with the payment of an invoice, the Client is obliged to pay interest on late payment 0.05 % daily of the owed amount and expenses incurred in relation to the collection of the overdue receivables to GLS.
13.5 The Client acknowledges that GLS has the right of lien with respect to the parcel under Section 2481, Civil Code, and in case of failure to pay the price for forwarding services, GLS is entitled to satisfaction of its receivable from the proceeds of the lien converted into cash pursuant to the provision of Section1359 et. seq. of the Civil Code; the pledge can be sold via self-help sale. Self-help sale is performed via an notifi cation by GLS to the Client on the commencement of exercising the right of lien, and after 20 days from the notifi cation, GLS has the right to sell the parcel.
13.6 GLS is further entitled to charge to the Client a diff erence between any discounted price and the price according to the basic price list of GLS also retrospectively for the issued and due invoices. In the event of delay, the Client is obliged to hand over to GLS all the allocated parcel labels and GLS is entitled to block up the numerical series allocated to the Client for printing the parcel labels and it is also entitled at any time without any previous notice to suspend providing of service forwarding. GLS is further entitled unilaterally to off set its due receivables owed by the Client the payment of which is delayed by the Client, all Cash Service amounts collected upon delivering of parcels from the Addressees, which it is normally obliged to pay to the Client. GLS is obliged to notify the Client on the performance of the off set.
13.7 All invoicing of the forwarder shall be carried out electronically. In the event the Client requires invoices in paper form, the forwarder may charge a fee for issuing and delivery of the invoice in paper form.
13.8 If GLS (to the detriment of the Client) invoiced its claim for paying the price for a service to the Client incorrectly, the Client is entitled to notify GLS of this fact in writing, specifying the particular incorrectness, within 30 days of invoice delivery (complaint against the invoice). If the Client fails to do so, it is assumed that the invoice is error-free and GLS is entitled to the payment for the service charged in the invoice. If the invoice is incorrect, GLS shall invoice correctly the price for a shipment service within thirty days from delivery of the incorrect invoice notifi cation to the Client.
14. Parcel dispatch system
14.1 The data transmission between the Client and GLS, services ordering and printing of particular parcel labels are performed solely with applications provided by GLS if there is not any exception agreed in compliance with Article 14.5 of these Conditions. The applications are: GLS Connect, GLS Connect Online, GLS Online API and MyGLS.
14.2 The fl awless operation of applications requires a reliable connection to the Internet on the side of the Client.
14.3 Information on applications is available on the GLS website and in the documentation of the given application. The support is provided by the GLS customer service.
14.4 GLS is not reliable for any damage from misuse or incorrect setup of an application, incorrect printer setup, or damages caused by unprofessional intervention into confi guration and source fi les of the application.
14.5 If the Client or the Sender is not able to use standard GLS systems for parcel dispatch, an exception may be awarded and usage of an Own software solution may be allowed based on signing the amendment to the Forwarding Contract in the form of the Agreement on using own system for printing labels.
14.6 In case the Client does not draw the Agreement on using own software, they do not have the right to exercise complaints about any disaccord which emerged by incorrect data transmission or a wrong format of the parcel label.
15. Warranty
15.1 Guarantee of the transport time for national and international parcels shall not apply. These are usual transport times. Within the territory of application of the CMR the warranty regulated in the CMR shall be applied.
16. Damage incidents
16.1 GLS provides compensation coverage (in line with the arranged parcel insurance) for the Client in each parcel, in the event of provable damages attributable to GLS, i.e. damages resulting from negligent or unprofessional handling, including partial or total loss or destruction of the parcel. Damage is calculated in accordance with legal regulations, and its maximum height is only limited to a damage of the parcel, i.e. to the costs of its repair or repeated purchase of the damaged item, that is only to real direct damage (real damage is the value by which the value of the parcel is reduced as a consequence of the accident) and it shall not extend upon any subsequent damage (inter alia not to lost earning, income, profi t, future business, sanction for delay, contractual penalties, fi nes, etc). i.e. indirect damage and lost profi t are not compensated. Liability for damage caused by Force Majeure is excluded.
16.2 Apparent breaking or damage of the packaging may be contested no later than upon the parcel delivery. A record on damage in a GLS form shall be made immediately regarding the scope of damage or partial loss of the content of the parcel.
16.3 In case of damage which is not apparent upon delivery, justifi ed grounds for legitimate claims for compensation are established in the event that the written claim for compensation is submitted by Client to GLS within 3 working days from delivery, or returned delivery, and if the damage is demonstrably due to reasons attributable to the service provider. In case of intact packaging of the parcel, GLS shall not be liable for mechanic, electric or electronic damage of the content even if the internal packaging of the parcel was suffi cient. The Addressee, or the Client, is obliged to provide GLS with a suffi cient opportunity to check the damaged parcel either personally or through an authorized person. The Addressee, or the Client, may not handle this parcel until this time and it is also obliged to keep a packaging of the parcel intact. Provided the Client fails to submit its claim within the above stipulated time period, if it does not provide the parcel to GLS for inspection, or if it handles the parcel without authorisation, its claim to damages becomes invalid.
16.4 In other cases not listed in 16.2 and 16.3, grounds for compensation claim are established only in the event such a claim is submitted by the Client to GLS in writing within 60 calendar days from the day the parcel was passed over for transport provision.
16.5 The amount for shipping also contains basic insurance. The insurance amount covers the costs of repair or compensation to which a service fee may also be added, however, not exceeding CZK 20,000 (twenty thousand CZK). However, if the Client hands over a parcel for shipment in accordance with provision 8.1(u) of the General Terms and Conditions, the value of which exceeds CZK 20,000, the Client is obliged to inform GLS on this fact in writing (via e-mail) and communicate the actual value of the parcel; in addition, it is obliged to ensure additional insurance for the parcel. If the Client fails to do so, the parcel is considered as a parcel containing things (goods) excluded from shipment in accordance with the provisions of Article 8 of these General Terms and Conditions.
16.6 The extent of GLS liability for damage is limited, in the case of loss, destruction or damage of the parcel while providing carriage or of a parcel taken over by the Forwarder for transportation or to deeds related to transportation or in any other case with the amount calculated under legal regulations, maximum but equal to the direct damage up to maximum CZK 20,000 per one loss occurrence or more cases of loss occurrence, however showing the same damage cause. In the case of additional insurance of the consignment, the maximum value of damage increases according to the amount of the additional insurance.
16.7 The Client may take out insurance of the parcel for a higher value; the insurance can, however, be taken only after paying an extra charge. Such insurance is only concluded after payment of a surcharge and after GLS approval confi rming the extension of coverage. Mere stating the data of the parcel value (price) is not considered as an order to take out insurance policy.
16.8 If GLS delivers a parcel with a delay, fails to collect money for Cash Service, fails to send back a confi rmed consignment note, but it may prove the delivery of the parcel in its own system (IOD, POD) in a credible manner, this shall
not be considered a loss occurrence. In such cases the claim of the Client can only be enforced solely against the Addressee, and GLS shall only bear liability up to the limit of the service fee.
16.9 If there was a damage due to recapture or suspension of the parcel or other measures taken abroad under or based on a provision valid abroad, the damage compensation shall not belong to the Client.
16.10 Without the consent of GLS, the Client has no right to assign its insurance claims to any third party.
16.11 GLS shall not provide any insurance coverage for valuables which are already covered by other insurance policies. The Client is entitled to take out a supplementary insurance policy.
16.12 If GLS acknowledges any claim for the payment of damage compensation, it ensures that damages are paid within ten working days from the end of the claim procedure.
16.13 The procedures to be followed to handle insurance events are regulated by GLS in the Complaints Regulations, which are published on GLS website.
17. Limitation clause
17.1 Any legal claims against GLS are subject to the statute of limitations after expiration of a one-year limit. The statute of limitation starts running on the day the entitled party learned or could have learned of its claim, however, no later than on the day of delivery.
18. Written form
18.1 In some cases, GLS reserves the right, in respect of certain issues, to conclude an agreement with terms diff erent from these General Business Condition. Extension and supplementary agreements, as well as any other agreements, shall only be valid if concluded in writing.
19. Severability / Jurisdiction
19.1 If any of the provisions of these General Terms and Conditions is or becomes invalid, this shall not aff ect the validity of the other provisions thereof. Such invalid provision shall be replaced with a provision that fulfi ls the business purposes of the original provision as closely as possible.
19.2 Any controversies, disputes, or claims arising from the contractual relation of GLS to the Client shall be fi rst settled amicably. Provided settling these disputes amicably is not possible, the contracting parties have agreed that in accordance with Section 89a of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, the court of local jurisdiction in case of disputes arising under concluded contracts or the present General Terms and Conditions shall be the court competent according to the registered offi ce of GLS.
19.3 In case of doubts, the issue of the General Terms and Conditions in the Czech language shall prevail.
19.4 GLS reserves the right to amend the present General Terms and Conditions, or Off ers, at any time, also without giving the Client previous notice. If GLS makes such a change of the General Terms and Conditions, it releases the new version of the General Terms and Conditions on GLS websites. The change of the General Terms and Conditions will, then, be announced also via an information text in the invoice, or any via e-mail by GLS. The Client has the right to reject and is entitled to withdraw from the Forwarding Contract. If they fail to do so, they are bound by the new General Terms and Conditions.
19.5 In case there is an interpretative discrepancy between the General Business Condition and other applicable documents amending the contractual relationship between GLS and the Client, the interpretation is ordered as follows: the Forwarding Contract including amendments, the General Terms and Conditions, other applicable documents.
19.6 GLS may limit or suspend the parcel forwarding service and not meet the conditions under the terms of these General Terms and Conditions if this is required due to an event of force majeure or a regulatory measure. GLS may, due to traffi c limitations or bad meteorological conditions, either suspend the service in certain areas or depart from the generally applied delivery rules. In such a case, GLS shall inform the Client about all these service limitations or suspensions. In these cases, the Client shall not be entitled to raise any claims for damages under paragraph 16.
20. Data protection, obligation of confi dentiality
20.1 The Client understands that under the terms of Act No. 110/2019 Coll. on personal data processing, as amended (hereinafter referred to as "Act on Processing of Personal Data"), and under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) GLS processes, collects and maintains personal data of the Client stated in contractual documents, or obtained from other relations connected with the mutual collaboration of the Client and GLS, as well as other personal data necessary for the providing of forwarding services. Such personal data shall be processed and maintained by GLS in the GLS customer database for the purpose of fulfi lling the obligation implied by the Forwarding Contract, further for the purpose of the legitimate interests pursued by the Controller, and further for the information, administrative and registration purposes related to maintaining of legal obligations of GLS. When providing forwarding services, GLS is the Controller of personal data.
20.2 GLS processes personal data exclusively for the purpose of providing forwarding and shipping or additional services (services with value added) based on the agreed Forwarding Contracts in the scope in which they were provided to GLS based on the forwarding contracts, in particular within the following scope.
20.2.1 the name, surname, address for the purpose of parcel delivery or returning,
20.2.2 the telephone number for the purpose of notifi cation and providing information on the delivery status,
20.2.3 the e-mail address for the purpose of notifi cation and providing information on the delivery status, confi rmation of contract conclusion and for marketing purpose when direct marketing with goods and services off ers of the GLS or newsletter may be sent to the provided e-mail, while the Client has an option to reject this service in every business message sent,
20.2.4 the account number for the purpose of COD choosing and sending,
20.2.5 the IP address solely for the purpose of claims proceedings when a client disagrees with a service order or for checking of unauthorized accesses,
20.2.6 Cookies for the purpose of website transparency improvement, for signing in/out for a web service, website attendance assessment,
20.2.7 the identifi cation number of the Client for the purpose of invoicing for the performed services and unambiguous identifi cation of the company of the Client.
20.3 Personal data processing is lawful when a contract is concluded between GLS and a person providing this personal data, and thus personal data processing is necessary to fulfi l the contract, or further the necessity is based on the purposes of legitimate interests pursued by GLS or a third party (the Client, the Addressee), e.g. on the purposes of litigations, complaints handling and marketing, and the necessity is further given by the compliance with legal obligations (e.g. tax and customs laws).
20.4 The Client is allowed to pass exclusively the personal data which he/she controls as a Controller of the personal data. Providing personal data by the Client is voluntary; nevertheless, if the personal data is not provided, GLS is not able to provide forwarding and shipping services.
20.5 The Client undertakes to procure a legitimate purpose (e.g. the consent) for processing personal data as defi ned in Article 6 Par. 1 GDPR in all persons participating in the business relation between GLS and the Client, esp. in the Sender and Addressee, so that GLS could duly comply with the obligations arising from the Forwarding Contract and from other applicable national and international legislation and from international penalty clauses (embargo), and the Client further undertakes that if they transfer personal data of Recipients or any other participants to GLS, it will only be the data which is acquired and processed in compliance with GDPR; it is accurate, is in accordance with the given purpose and is limited to what is necessary in relation to the purposes for which it is processed so that GLS could employ it to provide required forwarding and shipping services in compliance with GDPR. In case of any infringement of duties listed in this paragraph, the Client is liable for any damage caused to GLS and commits themselves to compensate all the damage caused to GLS.
20.6 GLS and the Client undertake to meet their information obligations under the national legal regulations and especially under Article 12 and following of GDPR against all data subjects, which means that general information obligation as well as any prospective partial replies to requests or complaints by data subjects are provided by GLS as related to their provided services, or by the Client as related to their provided services. GLS as well as the Client are mutually obliged to provide all the possible collaboration when processing replies to requests and complains of data subjects.
20.7 GLS has the right to maintain the personal data for the time which GLS may need it for exercising any rights against third parties, or for the time which a third party, esp. the Client or the Addressee may need to exercise their rights against GLS, or for the time which is declared normatively by the law (e.g. tax and customs legal regulations). The principles of maintenance and processing of personal data as well as the rights and duties related, incl. the rights of data subjects and safeguards of security of personal data, are included in the document on data protection which is available on the website www.gls-czech.com .
20.8 GLS undertakes to inform the Client electronically on a) the process of parcel delivery in the form of a detailed parcel information description. The Client announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Addressee's e-mail address, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfi lled (so called reports). b) collected COD amounts in the form of a detailed description. The Client announces that GLS CZ passes in this context personal data, esp. name, surname, delivery location, telephone number, the parcel Addressee's e-mail address, and they ask GLS for supplementing this personal data with the information on the COD amount (e.g. amount, date of COD collecting and parcel delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process, including checking the COD amount collected, and checking that contractual duties are fulfi lled c) the detailed description of provided services in the form of an electronic invoice appendix. The Client announces that GLS passes in this context the parcel Addressee's personal data, esp. name, surname, delivery location, and they ask GLS for supplementing this personal data with the information on the parcel (e.g. parcel number, date and time of parcel takeover and delivery, takeover person, weight, overview of activated services, price etc.) electronically for the purpose of checking the delivery process and checking that contractual duties are fulfi lled. The Client declares that they have legitimate purpose to process personal data in the way defi ned in this paragraph, including the instructions towards GLS, and that this way of personal data processing complies with the respective legislative (e.g. GDPR).
20.9 The Client is responsible for the consequences and damages resulting from any misuse of access permissions and passwords to GLS systems and interfaces. GLS establishes these accesses for persons authorised under the Contract, or for those authorized by the Client. The Client is obliged to take the necessary measures against their abuse.
20.10 GLS familiarise themselves with the contents of the forwarded parcels to the extent necessary, and only if necessary for performing the service.
20.11 GLS:
a) may not open any packaged and sealed parcels – unless stated otherwise by the law, the Contract or the present General Terms and Conditions;
b) may examine only non-sealed parcels to the extent necessary for the purpose of ascertaining the data necessary for dispatch, sorting, forwarding and delivery;
c) may not disclose any data obtained during the performance of the service to third parties – except for the Client, the Sender, the Addressee (or other authorized recipients), the Processor and the authorised state authorities;
d) may not hand over the consignment – for the purpose of examining its content – to persons other than the Client, the Sender, the Addressee (or other authorised recipients), the Processor and the authorized state authorities;
e) may not provide any information about provided services to persons other than the Client, the Sender, the Addressee (or other authorized recipients) and the authorized state authorities.
20.12 GLS may open and seal a parcel if
a) the wrapping/packaging of the parcel is damaged to such extent that opening of the parcel is justifi ed by the need to protect its content, and the content of the consignment cannot be protected without opening the parcel;
b) this is necessary for elimination of a hazard caused by the content of the parcel;
c) the parcel cannot be delivered or returned;
d) execution of the right of lien under Article 13.5 of the General Terms and Conditions is initiated under the terms of which GLS asserts its right to sell the parcel.
20.13 The parcel may be sold by GLS in order to recover the unpaid remuneration for the service of a carriage agent.
20.14 GLS regulates the process of parcel opening, and records individual actions taken in a report. The fact that the parcel has been opened has to be indicated on the consignment, and, if possible, the Sender has to be notifi ed accordingly, and has also to be given reasons for this act.
20.15 GLS is entitled to sell or if it is not possible, to destroy the consignment which is not possible to be delivered or returned after 6 months from its takeover. If it is necessary for reasons of health, environment or property protection, GLS is entitled to destroy the parcel even before the expiration of this period. GLS has the right to destroy the parcel in which the right of lien has not been executed successfully under Article 13.5 of the General Terms and Conditions, i.e. if GLS failed to sell the parcel or if there has not been anybody interested in buying the parcel within 3 years from the parcel was taken over for shipping.
These General Terms and Conditions are an amended version of the General Terms and Conditions issued on April 1st 2005, and are valid with eff ect from November 1st 2020. Invalidity (nullity) or unenforceability of any provision of the General Business Condition does not aff ect the other provisions of the General Terms and Conditions. These General Terms and Conditions and the standard price list are published by GLS on the www.gls-czech.com website. Further information regarding the use of services – i.e. a detailed description of the services, printed materials, forms, guidelines – are provided by GLS to its Client in a printed or electronic form, similar as the "User Manual", and are also available via the GLS website.
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