General Terms and Conditions of ShipEx Logistic s.r.o. with its registered office at Zelný trh 293/10, 602 00 Brno, Company ID No.: 074 913 10, Tax ID No.: CZ074 913 10
I. Introductory Provisions
I.1. The General Terms and Conditions (hereinafter referred to as the “GTC”) form an integral part of the Commission Agreement, by which the commission agent undertakes to procure a shipment for the client, or to procure or perform acts related to transport and the client undertakes to pay the agreed fee - the price of shipping services. The Terms and Conditions in a binding manner regulate the relations established between the commission agent and the client when arranging the transport of consignments.
I.2. The client declares that before concluding the Commission Agreement, he or she has read the content of these General Terms and Conditions and that he or she agrees with them and accepts them without reservations.
I.3. ShipEx is the owner and operator of the website www.balikdozahranici.cz
II.1. Commission Agent - ShipEx Logistic s.r.o. with its registered office at Zelný trh 293/10, 602 00 Brno, IČ: 074 913 10, entered in the Commercial Register kept at the Regional Court in Brno under file no. No. C 55544 (hereinafter referred to as “BGA”).
II.2. Intermediate forwarder - a person used by the commission agent to arrange transport.
II.3.Client - an entity that has entered into a commission agreement with ShipEx, or another agreement related to the transport of goods. During the transport of consignments, ShipEx will consider valid only those instructions received from the client.
II.4. Sender - the entity that is labelled on the consignment as the “Sender.”
II.5. Recipient - the entity that is labelled on the consignment as the “Recipient” and that is to accept the consignment.
II.6. Consignment - a consignment means an item, package or several packages which the commission agent or intermediate forwarder has taken over to provide the service according to the Commission Agreement, or other agreement related to the transport of goods concluded between the client and BGA and which is/are provided with a shipping label.
II.7. Letter - a consignment in a UPS Envelope weighing up to 0.5 kg.
II.8. Shipping label - a label placed on the top and the largest side of a consignment that serves to identify the sender, the recipient, and the delivery address of the shipment. The shipping label contains a barcode.
II.9. Cash on delivery - the delivery of a consignment to the recipient is conditioned by the payment of a specified amount (hereinafter referred to as the “cash on delivery amount”). The cash on delivery amount is collected for the client by the person procuring the delivery of the consignment (consignments transported within this service are hereinafter also referred to as “cash on delivery consignments”). Cash on delivery can also be paid by a credit card.
II.10. The maximum weight of the consignment to be shipped is according to the selected carrier. The packaging is also included in the weight.
II.11. Additional service - all services provided beyond the “simple transport” of the consignment.
II.12. Balikdozahranici.cz service - special software used to record data related to the content, weight, dimensions, value of shipments and teleaddress data into the transaction system. Based on the mentioned data, the transaction system calculates the price of shipping services.
II.13. P. O. BOX - lockable mailbox located at the post office.
III. Order of Services
III.1. The commission agent undertakes to provide the ordering party with transport through the selected intermediate forwarder. The shipment can be ordered by a special order form listed at https://www.balikdozahranici.cz/client/packages/create. By ordering the transport, the client confirms that he or she has become acquainted with the transport conditions of a specific intermediate forwarder. In the case of conflict, these GTC take precedence.
III.2. A Client is obliged to state the data to the order form about the consignment, the date of consignment’s picking-up, infromatiob about ensuring the shipment, his or her contact infromation, the information about the Sender and Recipient and the payment method.
III.3. A client is obliged to state an accurate and true data, while being liable for damage caused by providing incorrect or false information in the order form.
III.4. A contract between a Commission Agent and a Client is concluded by sending an order form and paying for the shipment.
III.5. A client declares and had been informed that сommission agent will never realize a shipment by his own transport, but will always use intermediate forwarders’ services. For this reason, the Client acknowledges that the сomission agent does not have the opportunity to examine the shipment, check and possibly evaluate the incorrect information provided in the order and is not liable for damage caused by providing this incorrect information.
IV. Obligations of the Commission Agent
IV.1. The commission agent ensures that the client can place a transport order via the order form 24 hours a day, 7 days a week. Transport orders delivered to the commission agent after 1:00 pm, on weekends, non-working days or on state holidays are considered as accepted on the following working day.
IV.2. The commission agent is obliged to ensure a transporting via intermediate forwarder choosen by a client. In the case, if selected intermediate forwarder informs that he is unable to transport the consignment, the commission agent is obliged to inform a client. A commission agent will subsequently inform the client individually about the resolution of this situation.
V. Obligations of the Client
V.1. The client is obliged to ensure that a shipping label is placed on the consignment.
V.2. The shipping label shall contain at a minimum the recipient - the name of the natural person or the legal entity of the recipient, the exact delivery address, including postal code and telephone number, and the identification of the person authorized to receive the consignment on behalf of or in the name of the recipient.
V.3. The client acknowledges that the commission agent does not examine whether the postal code indicated on the label is in accordance with the name of the place of delivery and the indication of an incorrect postal code may lead to the undeliverability of the consignment.
V.4. The client is obliged to ensure that the information provided in the shipping label corresponds to the facts.
V.5. The client must ensure that the goods excluded from the transport are not handed over for transport. In the event of a breach of this obligation, the client is liable for the damage incurred and the commission agent reserves the right to unpack the shipment or dispose of it without compensation in order to prevent damage. The violation of this obligation is a gross violation of the GTC and the commission agent has the right to withdraw from the agreement.
V.6. In the case of a valuable consignment, the client is obliged to notify the commission agent of the actual value before the transport is carried out. A valuable consignment is considered to be a consignment or an item with a value higher than CZK 20,000. If the client does not report the actual value of the shipment before the transport, it is considered a shipment with a value lower than CZK 20,000.
V.7. The client is obliged to ensure the receipt of the consignment at the destination.
V.8. The client is obliged to instruct the recipient that in the event of loss or damage of the consignment, he or she is obliged to immediately make a report with the delivering person, which will contain the manner and extent of the damage or loss. The report must be legibly signed by both the recipient and the delivering person.
V.9. The client is obliged to inform third parties who will hand over or take over the consignments about the transport terms and conditions and other obligations of the client and to ensure that these are complied with.
V.10. The client is obliged to keep the Record of Receipt of the shipment for possible complaints.
V.11. The client is obliged to pack a consignment in a way, to ensure its safe transporting and transporting of other consignments shipped tohether.
V.12. The client is obliged to abide by all relevant regulations of customs duties’, import and export legislation, santctions, embargoes, as well as other regulations, and to attach to the consignments all necessary documents, that may be required in accordance to the relevant regulation. The commission agent is not responsible for non-fulfiment of this obligation, and commission agent is undertakes to cover all costs and damaged caused to the intermediate forwarder and commission agent.
VI. Responsibility of the Commission Agent
VI.1. During transporting within the Czech Republic, the commission agent is responsible for the loss or damage of the consignment up to the amount of CZK 2 380.
VI.2. In the case of exceeding the delivery time, the commission agent is obliged to pay damages only up to the price of the shipping services, however, up to msx. CZK 2 380.
VI.3. The commission agent is not liable for secondary damage, such as lost profits or other consequential damage incurred by the principal or third parties in connection with the transport of the consignment.
VI.4. The commission agent shall be released from liability for damage or loss to the accepted consignment if he or she proves that it was caused by:
VI.4.1. the client, the sender, the recipient or the owner of the consignment,
VI.4.2. defect or nature of the consignment, including usual loss,
VI.4.3. non-provision or provision of incorrect information to the client about the contents of the consignment,
VI.4.4. breaching the conditions of carriage or by handing over the goods excluded from carriage,
VI.4.5. incorrectly or ambiguously addressed or marked.
VI.5. The commission agent will also be released from liability for damage to the received consignment if he or she could not have prevented the damage even with the exercise of professional care typical in the given industry.
VI.6. The commission agent is not liable for damage caused by a delay in the delivery of the consignment due to force majeure.
VI.7. The forwarder is liable for damage in accordance with the mandatory provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR), which is a maximum of 8.33 SDRs per kg of consignment in the event of loss or damage. This limit does not apply if the consignment was intentionally destroyed or damaged by the commission agent.
VII. Responsibility of the Client
VII.1. The Client shall be liable for damage incurred by the commission agent or third parties as a result of the client’s breach of obligations under the commission agreement, including these Terms and Conditions, in particular the obligation to provide the commission agent with correct and complete information about the contents and nature of the consignment, as well as other facts necessary to procure or carry out the shipment.
VII.2. The client shall be liable for the non-fulfilment of the obligations specified in Article V by the sender or the recipient in the same way as if he or she had handed over the consignment for transport or received it him- or herself. The client is liable for the damage caused as a result of a violation of Article V, especially in the event that the goods excluded from the transport will be handed over for transport.
VII.3. In the case, if the client states on the consignment and the shipping label inaccurate or misleading data, which will cause a problem to the commission agent or the intermediate forwarder with a delivery of consignment (not picking-up or returning), the commission agent is entitled to require from a client the payment, related to the cost beyond the provided services, especially cost of returning the consignment, its stowing or re-delivering.
VIII. Conditions of Carriage
VIII.1. Goods excluded from transport may be refused by the commission agent or intermediate forwarder to be accepted for transport.
VIII.2. The commission agent does not provide a delivery guarantee for any of the offered services.
VIII.3. In the case of non-compliance with the “express” delivery date, the price of the “standard” service will be charged. Compensation for non-delivery within the time limit is the difference in price between “express” and “standard” delivery.
VIII.4. The consignment can be insured for a fee corresponding to 2% of the sum insured up to CZK 500,000.
VIII.5. Before accepting the consignment for transport, the commission agent or the intermediate forwarder is entitled to request the client, the sender or another person handing over the consignment for carriage to open it in order to check that the consignment meets the conditions of carriage, in particular whether it corresponds to the shipping label and whether the declared weight corresponds to the actual weight.
VIII.6. In the case of a consignment whose transport requires special handling, the client is obliged to mark it in such a way that the requirement for special handling will be clear, e.g. by marking the consignment as “Fragile,” “Careful! Glass”, “Top/Bottom,” “Do not turn upside down,” etc. These warnings may appear on the consignment in the form of a visible description or in the form of an appropriate printed marking affixed to the packaging of the consignment. In the case of conflicting markings, the consignment shall be deemed not to require special handling.
VIII.7. All misleading notes, markings, addresses, or labels used that are unrelated to the shipment just started must be removed from the consignment and it must be ensured that each consignment bears only one shipping label, even if the consignment packaging is used more than once.
VIII.8. If the recipient refuses to accept the consignment, the consignment is delivered back to the client at his or her expense.
VIII.9. By signing the protocol on the acceptance of the consignment without reservations, the client or a person authorized by him or her confirms that the transport was carried out properly and has no reservations related to it.
VIII.10. The commission agent reserves the right to recalculate the price of forwarding services in the event of incorrect information in the order made through the customer’s account or in the shipping label.
VIII.11. For international shipments, the commission agent reserves the right to adjust the price of commission services in the event of additional costs associated with, for example, customs services, delivery to remote areas, storage of the shipment in the terminal, intermediate warehouses, etc.
IX. Information on the processing of personal data
IX.1. Information on the processing of personal data is available in the separate document here
X. Opening of the Consignment
X.1. The commission agent or intermediate forwarder is entitled to open the consignment if:
X.1.1. the consignment cannot be delivered or returned or should not be returned according to the agreement,
X.1.2. there is a reasonable suspicion that it contains an item considered dangerous under these Terms and Conditions, or an item which must not be the content of a consignment pursuant to Article XIII, or the transport of which is not permitted for any other reason,
X.1.3. the consignment has a damaged packaging or shows signs of damage to the contents, e.g. the contents are leaking, during handling it can be heard that the contents are broken, etc.,
X.1.4. the commission agent has a reasonable suspicion that the contents of the consignment are items and substances damaged before the moment the consignment is handed over for transport to the commission agent,
X.1.5. there is a reasonable concern that damage has occurred or could occur prior to delivery; or
X.1.6. it is necessary to comply with the obligations imposed on the commission agent by law or commission agreement.
X.2. The contents of the consignment may be inspected when it is opened only to the extent necessary to ensure the purpose of the inspection. When opening, the protection of facts that are protected in accordance with the applicable legal regulations must be ensured.
X.3. After finding out the state of the consignment, it must be secured by taping it with the original tape with the logo of the commission agent or intermediate forwarder.
XI. Complaints Procedure
XI.1. The client is entitled to claim damage, destruction and partial or complete loss of the transported consignment. Particular possibilities of the complaint methods are listed and available in the separate document here.
XII. Other Provisions
XII.1. The client acknowledges that the commission agent may demand the payment of a fee for exceeding the storage period of the consignment, or demand additional fees in case of a delay in the payment of the price of the forwarding services. The storage of a consignment is free for the first 5 days. The fee beyond the free storage time of the consignment is CZK 10 per 1 kg of bulk density and 1 day of storage. The maximum storage time for a consignment with the unpaid price of forwarding services is 30 days. After 30 days, the commission agent may sell or dispose of the consignment at the client’s expense.
XII.2. The client may cancel an already ordered transport only until the transport is paid for, or ordered from the intermediate forwarder by the commission agent. The cancellation of a processed order (paid or ordered transport at the intermediate forwarder) cannot be performed.
XII.3. The client acknowledges that if there is a suspicion of committing a criminal offense, both the client and the commission agent are obliged to cooperate and without delay pass on all necessary information for the rapid capture of the offender. This obligation applies both to mutual cooperation between the client and the commission agent and to cooperation with law enforcement authorities. The client acknowledges that in cases stipulated by law, the commission agent is obliged, at the request of a law enforcement authority, administrative authority or court, to communicate to that authority information concerning the client, the recipient or the sender of the consignment, or to stop the shipment.
XIII. Goods Excluded from Carriage
XIII.1. Goods not packed in accordance with the provisions of Section 2097 of the Civil Code,
XIII.2. Goods not packed according to the customs in the given sector, i.e. goods not packed and protected in a manner corresponding in particular to their weight, shape, character, material from which the goods are made and their nature,
XIII.3. Material on the pallet not connected to each other by a tightening tape so that the consignment does not tilt or move arbitrarily,
XIII.4. Goods not packed in double cardboard packaging,
XIII.5. Goods not packed as a complete handling unit in proper packaging so that during transport and handling they are protected from loss, damage or destruction and do not damage jointly transported consignments, used means of transport, transhipment facilities and at the same time do not endanger the safety of all persons handling the consignment,
XIII.6. Goods obviously exceeding the weight or dimensional limits,
XIII.7. Goods only bundled, transported in wooden crates,
XIII.8. Perishable, infectious or smelly goods,
XIII.9. Human and animal remains, live animals and plants,
XIII.10. Goods in bags and sacks,
XIII.11. High value goods, e.g. cash, precious metals, valuables, drawn lottery tickets, etc., real pearls, precious stones, jewellery,
XIII.12. Works of art, objects of emotional value,
XIII.13. Thermally unstable goods requiring a controlled temperature,
XIII.14. Ammunition, firearms, explosives and similar articles,
XIII.15. Drugs, medicines and psychotropic substances, with the exception of objects sent by lawfully authorized institutions for scientific or medical purposes,
XIII.16. Goods with inscriptions or drawings in violation of the law on the packaging or on the visible part of the contents,
XIII.17. Goods the transport of which is prohibited by law,
XIII.18. Goods which, due to their nature, make it impossible to carry out transport using one’s own means of transport and equipment,
XIII.19. Easily damaged articles and substances, even if the consignment bears an indication that such goods are involved
XIII.20. Objects, substances and liquids in glass bottles, etc. that are damageable even if the instructions for the special handling of the consignment are followed,
XIII.21. Consignments addressed to the recipient’s P. O. Box,
XIII.22. In the case of export consignments subject to excise duty such as alcoholic beverages and tobacco products,
XIII.23. Commodities listed in the ADR Convention (relating to the international carriage of dangerous goods by road) or IATA (air transport) as dangerous goods,
XIII.24. Goods with a value higher than CZK 500,000,
XIV. Prices of Services and Payment Terms
XIV.1. The commission agent’s right to the payment of the price of shipping services arises at the moment of handing over the consignment for transport.
XIV.2. The actual weight and dimensions of the consignment are decisive for determining the price.
XIV.3. The prices of the services provided are stated in the calculation when placing the order in the order form, and separately for each Intermediate Shipper separately. All prices include VAT.
XIV.4. The price for the services provided may be increased by a toll surcharge, a fuel surcharge and an inflation clause.
XIV.5. For consignments subject to customs clearance, the price may be increased by a customs surcharge.
XIV.6. The commission agent is entitled to provide promotional events, within which a discount on the price is provided.
XIV.7. The basic prices listed in the price list do not include additional fees for above-standard services (e.g. additional insurance, cash on delivery, return of documents, etc.)
XIV.8. Failure to accept the consignment for any reason does not terminate the right of the commission agent to the payment of the price of shipping services.
XIV.9. In the case of non-performance of the transport due to the failure to hand over the consignment to the commission agent, resp. the intermediate forwarder within the specified period, a cancellation fee in the amount of 100 % of the price of shipping services is charged.
XIV.10. Payment of the price is made by wire transfer to the commission agent’s account No.
kept at CSOB Bank, or through the GoPay.cz portal - by payment card.
XIV.11. Use of the GoPay.cz portal is acted up on the terms of GoPay payment gateway avialble on the GoPay website. The commission agent is not responsible for any problems or delays from the side of the payment gateway.
XIV.11. The price of shipping services is paid at the moment the amount is credited to the commission agent’s account. If an invoice is issued, its due date is stated in the invoice. The commission agent declares, that invoices are generated automatically.
XIV.12. In the event of a delay in the payment of the price, the client is obliged to pay the commission agent a contractual penalty in the amount of 0.05% of the amount due for each (even started) day of delay.
XIV.13. The method of payment and billing the insurance is mentioned at https://www.balikdozahranici.cz/informace/pojisteni-zasilky-cr-zahranici. The commission agent proclaims, that insurance is subsequently arraned with single intermediate forwarders, who provide such services.
XIV.14. The client can arrange an insurance for the amount assigned by the client. The commission agent informs a client, that an additional insurance is arranged with the intermediate forwarder, which was choosen by the client in the order form, and the commission agent is a person, who mediates the insurance, which is an additional service.
XV. Contractual Penalty Agreement
XV.1. For the violation of any provision referred to in Article V - Obligations and Article VIII - Conditions of Carriage, or the provision referred to, the client undertakes to pay a contractual penalty in the amount of ten times the price of shipping services. The parties to this agreement exclude the application of the provisions of Section 2050 of the Civil Code, and therefore the contractual penalty does not affect the right to damages.
XV.2. In the event of a breach of the obligation specified in Article VIII.8, the commission agent is entitled to demand from the client a contractual penalty of up to CZK 2,500 for each individual case of breach of duty.
XVI. Consumer arrangements
XVI.1. The provisions of this article are applicable to shipments, where the commission agent acts as a consumer in the sense of § 419 of Act No. 89/2012 Coll., The Civil Code.
XVI.2. The commission agent will fulfill its obligations in the sense of these GTC defectively at the moment when it does not ensure the cooperation of the intermediate forwarder. In such a case, the client has the right to request the commission agent to additionally provide transport services. In such a case, the client also has the right to withdraw from the contract by sending the withdrawal to the e-mail address mentioned in the order confirmation.
XVI.2.1. The commission agent undertakes arranging of applicated rights according to Article XVI.2 without any additional postponement up to 30 days from the date of application.
XVI.2.2. The client may use an e-mail address mentioned in these GTC, stating that he or she does not want to use the services or via the customer line. In the case when services were paid by a credit card, client is obliged to share the number of a bank account, to which amount wull be send.
XVI.2.3. Other methods of complaint that were not mentioned here are listed on https://www.balikdozahranici.cz/informace/reklamace-prepravy-zasilky.
XVI.3. In the case of consumer’s dispute between the client and the commission agent from the Commission Agreement, which will not be resolved by a mutual agreement, the client may submit a proposal for out-of-court solving of such a dispute to a designated out-of-court subject of consumer disputes, which is the Czech Trade Inspection Authority, web: adr.coi.cz.
XVI.4. All the communication between the client and the commission agent via e-mail is free of charge. Communication by the phone is charged according to your operator.
XVI.5. In the case of stating the incorrect information in the order form, he or she has a right to correct it via e-mail address: email@example.com.
XVI.6. These GTC are available here: https://www.balikdozahranici.cz/obchodni-podminky.
XVII. Final Provisions
XVII.1. The courts in the Czech Republic are competent to hear all disputes arising from agreements concluded between the commission agent and the client. All contractual relations and all relations arising from them are governed by the legal regulations of the Czech Republic.
XVII.2. If the client violates the Commission Agreement in a substantial way, the commission agent has the right to withdraw from the contract without any delay. Substantial is such a violation, which was known or might be known by the violating side before or while concluding the agreement, and the second side would not conclud the agreement, if knew those violations before. In the cases violation is not considered substantial.
XVII.3. The commission agent may to withdraw from the agreement without postponement, if the client undoubtedly shows the possibility to breach the agreement.
XVII.4. These GTCs enter into force on the day of their issue, i.e. 25 January 2021.
XVII.5. These GTCs can be changed unilaterally without further notice. The concluded Commission Agreement are always governed by the GTC, which are valid and effective to the date of concluding such an agreement, for the entire duration of this agreement.
XVII.6. These GTCs were made out in Czech language, and the agreement can be concluded only in Czech language.
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