1.1 PARCELS CZ, s.r.o. terms and conditions (Hereinafter referred to as „TaC“) adjust the rules and conditions for shipment delivery which are not adjusted by the forwarding contract or service forwarding contract.
1.2 Differing clauses of the contract take precedence over the TaC.
1.3 Terms and definitions:
forwarder is an entrepreneur who holds relevant trade licenses to do business under the Trade Act. To carry out this activity in terms of the forwarding contract he obliges to the customer - the mandant, that he will, in his own name and on his account, ensure the transport of things (goods) from a certain place to another certain place.
mandant is a person (legal or individual), which orders transport at the forwarder's side, optionally also other auxiliary services related to transportation, and for this reason concludes a forwarding contract with the forwarder and other contracts with regards to other auxiliary services.
providing transport means to perform transportation by the forwarder based on concluding the forwarding contract between the forwarder (in the position of the principal) and the carrier.
forwarder's collaborators are entrepreneurs, who oblige to transport consignments for a reward.
a consignment is anything that is to be submitted to the recipient, which adheres to the forwarding conditions according to point 3) in these TaC.
2.1 Timely distribution of consignments shall be considered the announcement of delivery or delivery to the recipient's address:
for consignments of the Delivery service before 2-5 days after pickup
2.2 Announcement of delivery means leaving a written announcement for the recipient that an unsuccessfull attempt of delivery has been executed.
3.1 It is possible to send consignments to any country in the European Union mentioned in the services pricelist. The consignments are picked up in the service centers of the forwarder or through authorized personel of the forwarder at a place agreed with the mandant.
3.2 The maximum weight and dimensions cannot exceed and maximum weight and dimensions of a consignment specified by the services pricelist which is an integral part of these TaC.
3.3 Each consignment must be packed and sealed in a way corresponding to the weight, shape and nature, as well as the method and time of transportation of the consignment. It must be sufficiently rigid and must allow easy handling during transportation. The consignment packaging and closure must protect the contents against the pressure, temperature changes or damage taken by repeated handling and in addition must be such that it is not possible to penetrate the content without leaving obvious traces of damage. Each of goods is required to be wrapped separately in protective material in each consignment and placed so that they are fully protected against the impact against each other (eg. to use filling material in between the parts of goods). On the top and bottom of the consignment, cushioning material is to be placed in order to increase the protection of goods during transport. It is unacceptable to bind more packages or items into one shipment. The mandant is responsible for correct and appropriate packaging of shipments. The mandant is responsible for any damage that may arise from the use of defective, damaged, improper or inadequate shipment packaging.
3.4 The label "Fragile goods" does not absolve the mandant of the responsibility for the correctness of the pack. It highlights for careful handling of the consignment, but it is essential that the so marked item had been carefully wrapped.
3.5 The consignment must be packed and sealed in such a way as to eliminate any risk that would endanger the health of those who manipulate with it and so that it does not pollute or damage the equipment or other consignments of the forwarder.
3.6 The transport excludes unpackaged consignments and consignments, which include: cash, checks, valuables, jewelry, precious metals, live flowers, glass and fragile objects without appropriate packaging, animals, liquids, weapons, cartridges for firearms, organic peroxides, radioactive material, explosive substances, flammable, pyrophoric, oxidizing, toxic substances, infectious, corrosive and other substances hazardous to health and the things that during the time of transport are succumb to natural deterioration (destruction), for example quickly perishable food and other things of biological nature. The transport also excludes narcotics, pornography, loads in excess of the weight or the dimensional restrictions listed in the services pricelist, bound together packages or objects or substances the carriage of which is prohibited under existing EU legislation. Subjects ADR* (*Agreement ADR - Provisions concerning dangerous substances and articles) are excluded from carriage. The Forwarder reserves the right to refuse carriage of items which, according to him, for economic or operational reasons unsuitable for carriage within the transportation network. If the forwarder finds out that the mandant supplied for transportat goods other than declared, respectively products which are excluded from transport, the forwarder has the right to withdraw the transport and return the goods to the mandants expense. In this case, the mandant shall cease to be entitled to any claim, whether in terms of damage to the goods or their delayed delivery. If, as a result of misrepresentation about the contents of the consignment, the forwarder transports the consingment, he shall not be responsible for damages that may arise on the consignment. The mandant is responsible for any damage that arises in this case.
3.7 It is not possible to send consignments to PO Boxes.
3.8 It is not possible to send consignments with "paid by receiver" option.
3.9 Mandants who have concluded a forwarding contract may request the supplementary "Cash on delivery" (COD) service. COD amounts are transferred to the mandant's account only in the currency of the country of the recipient. The maximum value and COD amount of a transported consginment is 1900 EUR, 50000 CZK, 8000 PLN respectively.
4.1 It is possible to hand over consignments based on a concluded forwarding contract or service forwarding contract.
4.2 Consignments can be handed over:
at the contact places of the forwarder, the list is attached to the services pricelist
by picking up at the mandat's place by a forwarder's collaborator
4.3 The consignment shall be picked up at the mandates place based on a previous contractual, respectively. phone, e-mail or personal agreement.
4.4 During the consignment handover, the mandant must attach to each package a correctly filled parcel label and receipt form issued by the shipper. The forwarder is authorized to verify the identity of the person responsible for handing over the consignment in the mandants name. If the person refuses to verify his identity, the forwarder is not obliged to take on consignment from the mandant.
4.5 The mandant is responsible for the misuse of receipt form by another person or loss of or being incorrectly filled out.
4.6 The mandant fills out all data by prepress on the parcel label and receipt form and signs the receipt form certifying that all data are true and correct. The mandant is liable for any damage that may be caused by breach of this obligation. The mandant is also obliged to remove all old, used or canceled shipment labels, otherwise the forwarder is not responsible for the delivery of the consignment at the agreed time. Supplying incorrect or incomplete data on a parcel label and receipt form shipper relieves the obligation to deliver the shipment on time, under paragraph 2 of these TaC. If there are specific documents needed to carry out the transport, the mandant is obliged to hand over these to the forwarder latest when the shipment is to be transported. If necessary, the mandant allows allows checking the consignment content by the forwarder.
4.7 On an sticky parcel label, following data has to be present. Consignor identification data (business name and address, contact telephone number, contact web site), tracking number and identification of the mandant and the consignee.
4.8 If the mandant provides the forwarder with the consignment information in electronic form, he is responsible for the correctness of the data provided in electronic form, and in case of differences of data sent electronically and the data provided in written form in the documents making up the documentation accompanying consignments, crucial for the transport and relevant is the data sent electronically.
4.9 Data on the weight of the consignment provided by the forwarder's personel when handed over from the mandant are of informational purposes only. Forwarder performs weighing consignments with tools intended for precise measurements in service centers of the forwarder's collaborator. If there is a difference between the weight of a parcel listed on the label and receipt form and weight measeured by the forwarder or the forwarder's collaborator with tools intended for precise measurements, the forwarder is entitled to correct the difference and charge rates in accordance with the corrected weight.
4.10 Tools intended for precise measurements in this case means a dedicated scale that is subject to regular inspection by the Institute of Metrology or by its agent respectively.
5.1 The delivery service is provided by forwarder's collaborators and forwarder's employees. Delivery in this case means delivery of the consignment to the address of the consignee. Data that is used for delivery of the consignment is considered as address in this case. Address contains the name, resp. full name of the recipient, domicile or residence of the recipient, which is represented by the name of the municipality, street name, if the municipality is further divided and the land registry number or house number. When delivering of the consignment, the consignee shall provide reasonable assistance to the forwarder's collaborators, particularly when handling items with a heavier weight. The forwarder is not responsible for late delivery of the consignment due to the violation of the TaC or the lack of synergy from the consignee's side.
5.2 If the recipient is not reachable after three attempts, resp. refuses to accept the consignment, the forwarder informs the mandant and if not arranged otherwise, the consignment will be promptly returned to the mandant. The mandant is obliged to pay the rate for shipment towards the consignee as well as the rate for the return transport. If the forwarder can not return the consignment to the mandant, the forwarder will store the consignment for the common storage period. The storage period shall begin on the day following the date on which it was determined that the consignment can not be returned to the mandant. The storage period is six months. After the end of the storage period, the forwarder prompts the mandant to receive the consignment within 30 days. On expiry of this period the forwarder is entitled to sell the consignment.
5.3 Acceptance of the consignment is confirmed by the recipient's signature on the forwarder's collaborators delivery spreadsheet. Stamp of the recipient does not replace the signature of the recipient. If the consignment is not accepted by the consignee on the consignment label, the person accepting the consignment needs to state the relationship to the consignee as well.
5.4 Forwarder's collaborators and in limited cases the forwarder's employees deliver to the consignee a consignment whose packaging does not show signs of damage after signing the receipt form and in case of COD after signing the receipt form and paying out the COD sum. Only then, the consignee can open and inspect the consignment (and it is not entitled to require the presence and assistance of the forwarder's collaborator or forwarder's employee).
5.5 The forwarder can, in order to secure his claims arising from the contractual relationship with the mandant or recipient, detain the consignment until the full satisfaction of the forwarder's security claims. This relates to claims that arose at the forwarder side towards the mandant or the consignee. The forwarder is not obliged to immediately notify the mandant or the consignee of the detention and the reasons for it. Based on the lien, the forwarder has the the right, when enforcing court judgments, for preferential satisfaction from the proceeds of entrained things before other creditors, even before lien creditors.
6.1 Tariffs for services provided by the forwarder are listed in the valid service pricelist.
6.2 Tariffs for transport shall be paid by the mandant in cash or bank transfer, unless otherwise agreed. Payment by bank transfer (payment via invoice) is possible only based on a concluded forwarding service contract.
6.3 When additional "Cash on delivery" service is used, the COD amount (value of the consignment) is only possible in cash.
7.1 A report of damage to the consignment must be issued by the mandant or consignee towards the forwarder in written form or by e-mail no later than three working days following the receipt of the consignment. In case of a later report of defects described in the previous sentence, a claim cannot be filed.
7.2 The mandant is obliged to inform the consignee, that he is obliged, in case of consignment damage, keep the original packaging for inspection by the forwarder or the forwarder's collaborators for assembling photo documentation.
7.3 After reporting the damage or loss of the consignment or the missing part of the consignment, the forwarder or forwarder's collaborator creates a damage report and photo documentation. Creating a damage report is not considered the same as creating a claim.
Written form of claim has to contain the following:
Consignment insurance covers the damage resulting from loss, damage or partial loss of the consignment content. The consignment insurance indicated by the mandant on the receipt form (declared value) for up to 1 900 EUR is included in the transport rate. The mandant is obliged to state the real value of the goods transported in the transport sheet. For consignments with a declared value of more than 1 900 EUR, the forwarder will charge additional costs state in the actual transport pricelist.
9.1 Circumstances excluding the responsibility of the forwarder and the mandant for violation of their contractual obligations are considered obstacles that occurred independently of the will of the obliged party and prevent it from performing its obligations, if it can not be reasonably assumed, that the liable party would prevent the concequences or overcome these obstacles, and further, that it would predict such obstacle at the beginning of the commitment.
9.2 The responsibility is not ruled out by an obstacle that came about at a time when the obliged party was already due with fulfilling its obligations or occurred out of its economic conditions. Refusal of official authorization (export, transit and import, foreign exchange), for which a request has to be made, is not a factor of exemption, unless the parties agree otherwise.
9.3 Party which has encountered such circumstance must immediately inform the other party.
9.4 The effects excluding liability are limited to the time frame, when the obstacle is in effect. If the obstacle lasts longer than one month from the time when the contract obligation should have been fulfilled impacted by the obstacle (eg. provisioning the transport, storage of goods, payment of the advance on costs, payment of fees), each party of the forwarding contract is entitled to withdraw from the contract, even if the obligation was partially fulfilled. In the event of contract termination, the forwarder is entitled for reimbursement of costs already incurred and a reasonable part of the remuneration.
9.5 The existence of an obstacle excluding liability must be proven by the party which refers to the obstacle.
10.1 The parties agree that they will not be mutually accountable for the consequences resulting directly from a case of force majeure.
10.2 Force Majeure is defined by the parties as natural disasters, extreme weather, fire, war and military operations, national riots, strike, embargo, a ban on exports and imports, or any other obstacles that arose totally outside the control of either contracting party, but which result in that a party can not fulfill the obligations under the forwarding contract to the other party. The mandant acknowledges that the forwarder is not liable for damage caused by delayed delivery of consignments, non-delivery of the consignment and for damage to the consignment, if this was caused due to force majeure.
10.3 Force Majeure extends the contract fulfillment by the period for which it lasts. The parties are obliged to take the necessary steps to mitigate or stop the damage if they have such possibility. If circumstances of force majeure do not allow proper fulfillment of the contract and last longer than 60 days, this is considered as an obstacle of fulfilling the contract and each party may terminate this agreement. Notice of withdrawal for this reason must be delivered in written form to the other party taking effect from the date of its delivery.
10.4 If the contract has been terminated due to reasons above and the forwarder has already taken steps based on the contract, the forwarder is entitled for compensation of costs and an appropriate proportional reward.
Information on consignments may be requested by any person who provides the consignment number, by telephone or e-mail at the customer service of the forwarder (tel.:00420 773 503 907, e-mail:firstname.lastname@example.org) Information on the delivery time will be available the next business day following the date of delivery of the consignment. This does not affect the obligations or restrictions regarding the forwarder postal secrecy and protection of personal data resulting from specific legislation.
These Terms and Conditions became relevant on 01.09.2016.