General Business Terms and Conditions

1. Introductory Provisions
1. These General Business Terms and Conditions (hereinafter referred to as „Terms and Conditions“ or „T&C“) specify in detail the contractual and legal relationships between the service provider, Simpleship Logistics s.r.o. with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, ID: 19424353, registered in the Commercial Register of the Municipal Court in Prague, file C 236113 (hereinafter also referred to as the "Provider" or "Operator") and the ordering party (hereinafter also referred to as the "Customer").
2. The business scope of the Provider includes forwarding and representation in customs proceedings.
3. The Provider is the holder and operator of the internet domain simpleship.cz  (hereinafter referred to as the „Website“) and all copyright and related rights associated with the name and trademark Simpleship.
4. A forwarding contract is concluded in writing or arises when the Provider accepts the Customer's request (via the website, email, through a mobile application, or by phone) to perform the shipment of a consignment under conditions specified by the Customer. The Customer's service order is also an agreement with the Provider's Business Terms and Conditions and the Business Terms and Conditions of the selected carrier, and by placing the order, the Customer undertakes to respect the provisions contained therein.
5. By the forwarding contract, the Customer authorizes Simpleship Logistics s.r.o. to conclude a Forwarding Contract with the Carrier. The contract is concluded by the Provider on behalf of the Customer. The Provider does not carry out the transport of consignments but only arranges Transportation Services with the Carrier, using the necessary care reasonably demanded to best suit the interests of the Customer. The Provider is not responsible for the execution of the arranged shipment of the consignment. The acceptance, transport, and delivery of the consignment and the organization of the transport are carried out by the Carrier selected by the Provider, who is responsible for executing the Transportation.
6. All contractual relationships between the Provider and the Customer are governed by the legal regulations of the Czech Republic.
7. The parameters of consignments and transport conditions are governed by the business terms and conditions of the selected Carrier. Complaints are governed by the carrier's complaint procedure in the event of a damage event during its transport and by the Provider's complaint procedure.
8. The business terms and conditions of the selected Carrier are attached to the Forwarding Contract and become a part of the Provider's and Customer's terms by confirming the order, indicating agreement with them.
2. Terms
1. Provider (also "Operator," "Forwarder") - arranges, on behalf of the Principal, the transportation of the Consignment.
2. Principal (also "Ordering Party" or "Customer") - an individual or legal entity ordering services from the Provider.
3. Carrier (also "Contractual Carrier") - a party distinct from the Operator, a specialized external transport or courier company that physically transports the consignment and is engaged by the Provider.
4. Own Carrier - a party distinct from the Operator, a contractual partner of both the Operator and the Principal, to whom, based on a Partial Contract, the Operator provides data constituting the Principal's Consignment. The Operator, in dealing with the Own Carrier, does not mediate the Carrier's services but solely transfers data to the carrier contracted by the Principal.
5. Sender - an individual handing over the consignment to the courier.
6. Recipient (also "Addressee") - the entity indicated as such on the consignment, to whom the consignment is intended.
7. Ordering System - an online reservation service enabling the comparison and ordering of transportation services provided by the Provider's partners (Carriers), consignment management, payment execution for services by the Customer. Also used to record consignment-related data, based on which the service prices are calculated.
8. User Account - a section of the web interface for operating the Ordering System on the Provider's website, accessible to the Customer after entering access credentials.
9. Consignment - postal, parcel, and other consignments prepared by the Customer for courier collection according to specified packaging requirements.
10. Parcel - a consignment dispatched to the Recipient under a single waybill.
11. Document consignment (DOX) - a consignment in a fixed envelope with a maximum weight determined by the chosen Carrier.
12. Piece consignment - a consignment other than document or parcel consignments, unless specified differently in the terms of the selected Carrier.
13. Simpleship ID - a unique code generated by the Ordering System for each order.
14. Consignment Delivery - handing over the consignment to the designated Recipient at the first lockable door of the address provided by the Principal or personal pickup at designated points.
15. Pickup and Collection Point - the Provider's contractual Carrier's pickup and receipt point accessible in the Ordering System.
16. Cash on Delivery - a consignment where, upon its physical handover to the Recipient, the Sender, based on the Principal's instructions, is required to collect a cash amount from the Recipient and subsequently remit it to an account specified by the Principal. The maximum cash on delivery limit for delivery within the Czech Republic for a single consignment is 25,000 CZK.
17. Consignment Girth - determined by the sum of its length and circumference. Consignment Girth = 1 x length + 2 x width + 2 x height.
18. Oversized Consignment - a consignment whose dimensions and shape do not conform to the following parameters (unless specified differently in the terms of the chosen Carrier):
1. maximum weight 50 kg,
2. maximum length 175 cm,
3. maximum consignment girth 300 cm.
19. Actual Weight - the total weight of the consignment determined by the Provider or Carrier.
20. Volumetric Weight - expresses the density of the consignment, which is the size of the space it occupies in relation to its actual weight. If the volumetric weight exceeds the actual weight, it may be decisive for calculating the freight at the Carrier. The formula for calculating it is determined by the Carrier.
21. Additional Services - all other services provided outside the consignment dispatch service.
22. Partial Data Transfer Agreement - an agreement between the Customer and the Operator whereby the Operator commits to transfer data about the closed consignment entered by the Customer through the Ordering System to the designated Own Carrier.
23. Shipping Label (also "Label") - a document printed by the Customer for the consignment.
24. Transportation (also "Freight" or "Transportation Service") - a service provided by the Carrier, including receiving, transporting, and delivering the consignment.
25. Courier (also "Driver") - an individual authorized by the Carrier who delivers the consignment.
26. Domestic Consignments - consignments exclusively transported within the territory of the Czech Republic.
27. International Consignments - consignments transported outside the territory of the Czech Republic.
28. P.O.BOX - lockable mailbox located at the post office.
29. Working Day - every day except Saturday, Sunday, public holidays, or any other day of rest in the country where the parcel is received, delivered, or transported through.
30. Unavoidable Delivery Obstacle - for example, incorrect address, failure to locate the Recipient, inaccessible delivery location, refusal by the Recipient, non-payment of goods upon cash on delivery, or customs duties.
31. Non-Manipulable Consignment - a consignment that cannot be automatically processed through the Carrier's technical sorting system or transported via a roller conveyor due to technical constraints.
32. Damage - a change in the condition of items comprising the consignment, particularly in quality, dimensions, structure, stability, that can be rectified by repair, or such a change in condition that cannot be rectified by repair but still renders the item usable for its original purpose.
33. Destruction - such a change in the condition of items comprising the consignment that cannot be rectified by repair, rendering the item unusable for its original purpose.
3. Obligations of the Customer
1. Familiarize themselves with the current Transportation Terms of each Carrier they choose for consignment transportation. The Customer shall not commission consignment transport under a Carrier where the consignment falls under exclusion criteria according to their Transportation Terms.
2. Provide truthful and accurate information on the Provider's website. In case of higher actual weight or larger dimensions of the consignment compared to the provided data, the consignment may not be accepted for transport. Termination of the transport contract for this reason does not affect the entitlement to the agreed remuneration for arranging the transport. If such a consignment is accepted for transport, the Customer undertakes to pay the difference in the calculated price based on the newly assessed parameters, as well as a handling fee of 500 CZK in the event that the entered data after weighing and measuring differ by 10% or more from the actual data. Section § 2050 of Act No. 89/2012 Coll. is hereby excluded.
3. If the Carrier requires labeling of the consignment and it is not labeled at the time of the Carrier's arrival, it may not be accepted for transport, constituting grounds for termination of the transport contract. Termination of the transport contract for this reason does not affect the entitlement to the agreed remuneration for arranging the transport.
4. The Customer is responsible for the accuracy of the information provided on the label.
5. The Customer must remove all other markings from the consignment that are unrelated to the ordered transport. A consignment that does not meet this condition may not be accepted for transport, constituting grounds for termination of the transport contract. Termination of the transport contract for this reason does not affect the entitlement to the agreed remuneration for arranging the transport. In this case, the Customer undertakes to pay the sender a handling fee equivalent to the shipping cost according to the current price list of the chosen carrier. The same procedure will be followed if the Customer arranges the service through Simpleship but the consignment cannot be received at the designated time due to reasons on the Customer's side.
6. Termination of the transport contract for reasons stated in sections III. and VIII. of the Terms and Conditions does not affect the entitlement to reimbursement of reasonably incurred costs by the Provider and/or Carrier.
7. The Customer is obliged to ensure proper packaging and thorough securing of the consignment under the following conditions:
1. The Customer must hand over the consignment for transport in appropriate packaging to safeguard it from loss, damage, or destruction during transport and related handling. It should not damage jointly transported consignments, transportation means, or transshipment facility equipment and should not endanger the safety of anyone handling the consignment.
2. The Customer must select the consignment's packaging according to the type of transported goods, their weight, and dimensions. In the case of Parcel Transport, only a fully enclosed package in a cardboard box made of two or more layers of corrugated cardboard suitable for the nature and weight of the goods may be used. The packaging must protect the consignment contents from a one-meter fall. The Customer must adhere to the Operator's instructions regarding consignment packaging.
3. The Customer must prevent access to the consignment's contents without leaving visible traces.
4. The Customer is liable for damage or loss resulting from improperly packed consignments.
8. The Customer undertakes to ensure that the Recipient, in the event of loss or damage to the shipment, immediately prepares a report with the Courier, which will include the manner and extent of the damage or partial loss. The damage report must be written and legibly signed by the Recipient and the Courier delivering the shipment.
9. The Customer undertakes to ensure that the Recipient accepts the consignment at the destination. The Customer must inform the Sender about the concluded contract with the Carrier.
10. The Customer is obliged to provide information about the consignment's content to the Carrier and Provider.
11. All orders made using the Customer's access credentials are considered orders made by the Customer.
12. In case the consignment contains particularly valuable items, the Customer must disclose their actual value to the Provider, considering any item valued over 25,000 CZK or a consignment exceeding this amount as particularly valuable. If the Customer fails to provide the consignment's value, any compensation for damage to the consignment will be limited to 25,000 CZK.
13. The Customer acknowledges and agrees that in cases where there is a reasonable suspicion that consignment transport violates applicable legal regulations, the Customer and the Carrier will report such an occurrence to the relevant public institution, cease transport, and secure the consignment until inspection by the competent authority.
14. The Customer acknowledges and agrees that the Provider may demand payment for additional services not agreed upon when concluding the Consignment Agreement but subsequently requested by the Customer, Sender, or Recipient from the Carrier, as well as penalties charged by the Carrier for not complying with transportation conditions or the Customer's Terms and Conditions.
15. By placing the order, the Customer commits to having the consignment ready for the Carrier's collection at the pickup address between 08:00 and 18:00 on the selected day.
4. Provider's Obligations and Commitments
1. Through the Ordering System, the Provider undertakes to arrange Transportation Services for the Customer provided by contractual partners - Carriers. The Provider is entitled to remuneration for these services, as indicated in the transportation price calculation within the Ordering System or communicated over the phone.
2. In the event of a consignment address change during transport, the Provider or Carrier will make the necessary adjustments and subsequently deliver the consignment to the correct address. Subsequent delivery after the initial unsuccessful delivery attempt may be subject to charges as per the Carrier's conditions.
3. The Provider commits to inform the Customer about any information regarding consignment transport received from the Carrier.
4. Rights arising from the complete destruction or loss of the consignment, its damage, or delayed delivery shall lapse within a period of 1 year. The limitation period begins from the date the consignment was delivered or should have been delivered. This period does not apply to rights arising from intentional breach of obligation or if a one-year limitation period is agreed to the detriment of the weaker party (§ 630 para. 2 of Act No. 89/2012 Coll.). Other rights under the consignment agreement lapse within 3 years.
5. The Customer can request the Provider's service 7 days a week, throughout the day.
6. The Provider does not offer consignment delivery to P.O. BOX addresses.
7. The Provider reserves the right to change the price list and make modifications such as introducing new services or adjusting or discontinuing existing services.
8. Guarantee of pickup and delivery:
1. Delivery times and pickup schedules are estimated and are approximate, not guaranteed.
2. The Provider does not offer a delivery guarantee unless explicitly stated in the service description, as these guarantees are assumed by the chosen Carrier.
3. The transit times for transportation services do not include the day of consignment pickup by the carrier, unless specified otherwise, time required for customs checks, checks by relevant state authorities, correction of incorrect customs documents, etc. Delay caused by force majeure or circumstances arising from operations, as well as circumstances beyond the Carrier's control or anticipation, are also excluded.
4. In the event of a Carrier's failure to deliver within the agreed express transport timeframe, only the standard transportation price is charged.
5. Provider's Limitation of Liability
1. The Provider shall not be liable to the Customer for damages arising from the Carrier's breach of the transport contract.
2. The Provider is not responsible for any non-delivery of the consignment. It is not liable for any direct or indirect damages or loss of profit resulting from using Simpleship services associated with consignment loss, damage, or delay.
3. Actual damage refers to the amount by which the consignment's value has decreased.
4. The Customer must obtain all necessary information about the possibility of shipping goods to the chosen destination, and the provider does not take responsibility for the return of goods by the carrier or customs office due to non-compliance with these conditions. It respects the delivery conditions of the Carriers.
5. The Provider is not liable to the Customer for damages resulting from incorrect information about the consignment's content or if it is packaged inappropriately.
6. The Provider is not responsible for incorrect delivery or non-delivery of the consignment if it was incorrectly addressed or labeled.
7. For consignments where the Recipient fails to fulfill obligations related to customs clearance expenses, these expenses become the responsibility of the Customer.
8. In matters of order fulfillment and complaints, the Customer is the sole legitimate owner of the consignment; any potential compensation will be directed to their bank account.
9. Only the Customer is entitled to file a complaint with the Provider.
10. The Customer must report any damage related to consignment transport to the Provider within 7 days of its occurrence. Failure to do so within this period will result in the lapse of their right to compensation for potential damages.
11. The Provider and/or Carrier are not responsible for delay or non-delivery of the consignment to the Recipient or the non-execution of the agreed order due to strikes, blockades, extreme weather, heavy traffic, road obstructions, or any other circumstances beyond the control of the Provider and/or Carrier.
12. The Provider is not in any way liable for lost revenues, lost profits, market loss, loss of reputation, loss of customers, operational loss, missed opportunities, even if it were aware that such damages or losses could arise. The Provider is not liable for any indirect, incidental, special, or consequential damages or losses, regardless of how they arise, including but not limited to contract breach, negligence, or omission.
13. The Provider is not liable to the Customer for damages in cases where the Carrier's liability is excluded under the provisions of international conventions or national law.
14. The Provider is not liable to the Customer for damages if it fails to fulfill obligations towards the Sender resulting from:
1. circumstances beyond the control of the provider or carrier, such as natural disasters, earthquakes, cyclones, storms, floods, fires, fog, snow, or extreme heat or cold,
2. force majeure events, especially: wars, terrorism, strikes, embargoes, or civil unrest,
3. disruption of operational-technical support of transport networks,
4. hidden or internal defects of the consignment,
5. a third party's criminal act,
6. breach of obligations resulting from these Customer Terms,
7. where the actual weight or dimensions of the consignment do not match the declared weight during its shipment,
8. if the consignment contains prohibited goods, even if the carrier accepted it,
9. if the Recipient fails to pay the cash on delivery, or if the Recipient refuses to accept the consignment without providing a relevant reason.
15. In the event of violations of the selected Carrier's transport regulations or the Customer Agreement, the Provider has the right to block or cancel the Customer's account and terminate the Customer Agreement.
16. The Carrier's liability for loss or damage to the consignment is limited to the amount for repair or replacement of lost or damaged goods, whichever amount is lower, unless otherwise provided by law. Additionally:
1. for road transport, the basic liability limit is determined by the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road),
2. for air transport, the liability limit is based on the Warsaw Convention of 1929 in its current form,
3. for combined air and road transport, the maximum liability is determined in point 17.a) or 17.b) depending on the type of transportation used at the time of loss or damage.
17. The Operator reserves the right to correct the transport price before the consignment is picked up if it is found that the transport was offered at an incorrect price. In such a case, the Operator must promptly inform the Customer of the correct price. If the Customer disagrees with the new price, the Operator is entitled to refuse delivery, and the consignment will be returned to the Customer.
18. The Provider is not responsible for incorrect consignment delivery if the Sender incorrectly labeled the consignment with a shipping label.
6. Delivery
1. Handover of the consignment to the designated Recipient occurs at the first lockable doors of the address provided by the Customer or through personal collection at Pickup Points if the chosen service supports it.
2. Upon delivery, the Courier hands over to the Recipient a carefully packaged, precisely and legibly addressed parcel. The Courier cannot be kept waiting during delivery; if it's not possible to hand over the shipment immediately, the delivery may be interrupted.
3. The Courier will release the consignment to the Recipient or an individual reasonably assumed to be authorized to receive the consignment, particularly someone present at the recipient's location and/or a person holding full power of attorney for the Recipient (even outside the delivery location).
4. Delivery of the consignment to the Recipient or another authorized person is confirmed by their signature on the Carrier's form. The Courier does not verify identity unless it's part of the selected service.
5. Only after signing the delivery document (and paying for the shipment if it's cash on delivery) can the Recipient open and inspect its contents.
6. If delivery fails on the planned day due to reasons not attributed to the Carrier (especially if the Recipient is absent), the Courier will attempt redelivery on one of the following working days. If the Recipient is not present, the Courier may decide to deliver the parcel to an alternative address. In such a case, the Courier will leave a message at the Recipient's address indicating where the consignment will be delivered.
7. If the consignment is not received within 7 days from the first delivery attempt, the Provider reserves the right to return the consignment to the Sender at the Customer's expense. Any additional costs will be charged to the Customer in accordance with these Terms.
8. The service is considered unfulfilled without the Customer's entitlement to a refund of the paid price in cases where:
1. situations listed in Article III, point 8, Article V, point 15, and Article VIII of these Terms occur,
2. the transportation fee for the consignment was unpaid or a lower amount was paid than stipulated, and the Customer or Recipient refuses to pay the fee or the difference in fees,
3. the consignment cannot be delivered to the Recipient or returned to the Customer due to an incorrect Customer address.
9. In the event of insurmountable obstacles to delivery or if no delivery attempt was successful, the Provider is entitled to return the consignment to the Sender at the Customer's expense.
10. The Recipient is obliged to receive and retain the Consignment Receipt Protocol and present its original in case of a complaint.
7. Complaints
1. The Provider, as the operator of the Simpleship online system, is not liable for any loss or damage to the consignment or its contents.
2. The Provider is not responsible for the performance provided by the Carrier. Any claims by the Customer against the Carrier from the carriage contract are processed by the Provider on behalf of the Customer, who is obliged to provide the necessary cooperation, especially providing documents related to the consignment. The Provider's claim handling, as per the previous sentence, ends upon resolution of the claim by the Carrier.
3. Upon request, the Provider will assign all claims against the Carrier to the Customer and provide necessary cooperation. The Customer is then entitled to pursue claims and rights directly against the Carrier.
4. Complaints with the Carrier are subject to the Carrier's terms and conditions.
5. Neither the Provider nor the Carrier is responsible for non-performance or improper performance of transport services, especially in cases where:
1. The Customer incorrectly provided the Recipient's address.
2. The Recipient changed their residence or headquarters address.
3. The actual content of the consignment differs from the content declared by the Customer at the time of dispatch.
4. The weight of the consignment differs from the weight provided by the Customer at the time of dispatch.
5. The Recipient fails to meet the conditions for consignment delivery (especially refusal to accept the consignment or pay the cash on delivery).
6. Situations listed in Article III, point 8, Article V, point 15, and Article VIII of these Terms occur (particularly, items excluded from transport or improperly packed consignments).
7. Extraordinary events specified in Article V, point 14, letters a) to b) of these Terms occur.
6. A consignment is considered lost if it does not arrive at the destination specified on the consignment note within 14 days from the expected delivery time for domestic shipments and 30 days for international shipments.
7. Evident breaches or damages to the packaging and detected losses in this regard can be contested by the Addressee at the latest upon consignment delivery in the presence of the Courier. A report must be prepared on-site about the extent of damage and/or partial content loss of the consignment.
8. In cases where damage is not evident upon delivery, a legitimate claim for compensation arises only if the claim is lodged by the Customer within 3 working days of delivery or return of the consignment and if the causes of the damage were evidently due to the Carrier.
9. Claims related to loss, damage, destruction, or partial loss of consignment or its parts must include the following details:
1. Name or business name and address of the Customer,
2. Original claim request or complaint form,
3. Consignment identification number (ID) within the Simpleship system,
4. Description of the consignment's contents, including the value of individual items,
5. Customer's bank account number,
6. Original consignment note, a copy of the document confirming the damage amount depending on its nature, and the original Damage Protocol (copy belonging to the affected party),
7. Proof of the person who repaired the consignment's content if the consignment was repaired after the damage incident,
8. Photographic documentation, including pictures of the packaging, contents of the consignment, shipping label, for assessing the damage based on it,
9. In the case of non-delivery of the consignment, a sworn statement by the Recipient that they did not accept the affected consignment,
10. Signature of the Customer or an authorized person,
11. Document proving the authorization for the claim, if requested by a representative of the Customer. All documents must be sent to the address: Simpleship Logistics s.r.o., Korunní 2569/108, Vinohrady, 101 00 Prague 10, or to the email [email protected].
10. Claims arising from incorrect service performance lose their validity if the consignment is accepted without objections.
11. The right to assert claims resulting from a complaint may be suspended until the Customer settles all due financial obligations to the Provider.
12. Inaccurate or incomplete complaints reported after the complaint submission deadline, after the deadline specified in point 13 of this article, or filed by an unauthorized person will not be considered.
13. After examining the complaint by the Carrier's Insurer, the Provider, the Carrier, or the Carrier's Insurer will inform the applicant in writing within 30 days of receiving complete complaint documentation whether their complaint has been accepted, partially accepted, or rejected. Sending the complaint decision to the Customer's email address is considered acknowledgment of the decision.
14. A complaint is considered resolved if the Carrier or the Carrier's Insurer, on behalf of the Carrier, rejects acknowledging the complaint. The Carrier's decision on resolving the complaint about the specific complaint reason is final. The Provider will not consider further complaints about the same consignment for the same complaint reason.
15. A Customer whose complaint has been acknowledged may be requested to issue an invoice for the amount of the approved compensation.
16. Procedures for handling damage cases are further regulated by the Complaints Procedure, published at the internet address https://simpleship.cz/return-policy, and the Customer is obliged to comply with it.
17. In the event of damage, destruction, or loss of the transported consignment, and if the Customer asserts a claim against the Provider for compensation up to the consignment's value, and the Provider pays the entire consignment value, ownership of the consignment transfers from the Customer to the Provider.
18. If the Provider acknowledges the asserted damage in full (up to the value of the transported consignment) and notifies the Customer that the compensation will be paid, the Customer is obliged to arrange for the release of the damaged or destroyed consignment to the Provider.
8. Excluded Items from Transport
1. The Customer is obligated to ensure that a consignment handed over for transport based on their order complies with these Terms and Conditions, even in cases where the consignment is handed over to the Carrier for transport by a person authorized by the Customer. In such cases, the Customer is responsible for meeting the conditions as if they were personally delivering the consignment for transport.
2. In the event that the Customer hands over a consignment containing an item excluded from transport to the Carrier for transport, the Provider is not liable for damages arising from the consignment's handover and subsequent handling. In such a case, the Customer must compensate the Provider for incurred damages, including expenses.
3. Unless explicitly permitted by the chosen Carrier's transport conditions, the Customer undertakes that the transported items will not be (in whole or in part):
1. Consignments made up of several interconnected boxes.
2. Consignments not packed according to their weight, shape, and nature of contents or the Carrier's requirements.
3. Loose goods in bags or pouches.
4. Lottery tickets.
5. Valuable papers.
6. Precious metals and stones, genuine pearls, cash, payment cards, documents, and securities.
7. Jewelry and watches valued over 12,000 CZK or the equivalent in the local currency.
8. Works of art, antiques.
9. Consignments missing necessary sender and recipient details.
10. Consignments addressed to the recipient's P.O. Box.
11. Consignments containing drugs or psychoactive substances, except items sent in accordance with laws for authorized scientific or medical purposes.
12. Live animals and plants.
13. Human or animal remains, fur, hides (from non-domesticated animals), untreated hides, ivory.
14. Perishable food, products subject to spoilage, goods requiring controlled ambient temperature.
15. Unpacked baggage (suitcases, bags, backpacks),
16. Consignments of goods classified under the ADR regime (dangerous goods).
17. Consignments whose content could cause damage to property or health (especially explosives, flammables, radioactive materials, corrosives, weapons, weapon replicas, ammunition).
18. Items prohibited from shipment by any valid legal regulation. Valid legal regulations include all laws, sub-legal norms (e.g., decrees, regulations, or measures) imposing sanctions. Additionally, they cover any trade restrictions and economic sanctions against countries, individuals, or entities (e.g., imposition of embargoes), including measures introduced by the United Nations, the European Union, and EU member states.
19. Alcoholic beverages, tobacco products, and other items subject to excise duty.
20. Airfreight consignments containing: pressurized containers (e.g., ordinary sprays), explosive substances and articles, gases and liquefied refrigerated gases, self-igniting substances, substances supporting combustion, oxidizing substances, corrosive substances, and other commodities listed in the Dangerous Goods Regulations (DGR) - Rules for the transport of dangerous goods issued by the International Air Transport Association (IATA).
21. Bottles and jars not packed in certified parcels intended for parcel transport.
22. Containers with liquids.
23. Items not free from operational liquids - oil, fuel, etc.
24. Glass and other goods (or their parts) made of glass, porcelain, or cast iron, stoneware products, and other products made from similar materials.
25. TVs or monitors larger than 42 inches or curved televisions.
26. Freestanding appliances, sanitary ceramics, and granite sinks.
4. Depending on the service provided, the Provider and the Carrier may further expand the definition of excluded consignments from transport.
5. Neither the Provider nor the Carrier is obliged to inspect whether a consignment is excluded from transport upon acceptance, and accepting the consignment for transport does not confirm that it is not excluded from transport.
6. In the case of consignments excluded from transport, the Provider or the Carrier is authorized to:
1. Return the consignment to the Customer or Sender, or store it for the Customer's or public authority's retrieval at the Customer's expense.
2. Deliver the consignment without notifying the Customer and subsequently demand a surcharge and/or payment for increased costs from the Customer.
3. Dispose of the consignment at the Customer's expense if such a procedure complies with legal regulations or is necessary due to the consignment's nature to avert potential damage or risks.
4. Demand compensation from the Customer for damages caused to other consignments, the Provider's or Carrier's property, and/or other persons directly related to the excluded consignment or due to incorrect data provided by the Customer.
9. Dispute Resolution
1. Any dispute arising from the contractual relationship between the Customer and the Provider or services provided by the Provider, or arising from these Terms and Conditions, falls within the exclusive jurisdiction of the courts competent according to the Provider's registered office in the Czech Republic.
2. Any matter not governed by international conventions shall be governed by the laws of the Czech Republic and also by the legal regulations of the countries of dispatch, transport, and delivery to the extent that it is mandatory or if these Terms and Conditions do not specify otherwise.
3. The Customer, who is a consumer, has the right, according to Act No. 634/1992 Coll., on Consumer Protection, in its valid version, to out-of-court resolution of a consumer dispute arising from a service provision contract. The entity authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. Further information is available on the website www.coi.cz.
4. Out-of-court resolution of a consumer dispute is initiated exclusively upon the consumer's request, only if the dispute could not be resolved directly with the seller. The request can be submitted no later than 1 year from the date when the consumer first asserted their right, which is the subject of the dispute, with the seller.
5. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
6. During the out-of-court settlement negotiations, the limitation and preclusion periods under the Civil Code do not run or commence until one of the parties explicitly refuses to continue the negotiations.
7. Supervision of compliance with obligations under Act No. 634/1992 Coll., on Consumer Protection, in its valid version, is carried out by the Czech Trade Inspection (www.coi.cz).
10. Service Fees and Payment Terms
1. The Provider charges the Customer for all services rendered based on the current calculation on the website, including supplementary services, premium operations, surcharges, and additional services.
2. The Provider transports only shipments for which the shipping costs are covered by the Customer. The Provider's fee is determined based on the actual or volumetric weight of the shipment, whichever is higher. Freight calculated based on volumetric weight can only be determined where the input data when placing the order requires the entry of the shipment's dimensions.
3. The Provider and Carrier are authorized to adjust the weight or other parameters of the shipment stated by the Customer and subsequently assign the corresponding service if a discrepancy is found between the information provided in the transport order and the actual parameters of the shipment. In such a case, the information determined by the Carrier is decisive for calculating the Provider's fee.
4. For international shipments, the Provider reserves the right to adjust the service prices in case of additional expenses related, for example, to customs services, delivery to remote areas, storage of the shipment at the terminal, transit points, etc. Additional costs incurred due to customs clearance or other procedures are the Customer's responsibility.
5. Payments are made in advance via bank transfers and/or electronic payment gateways.
6. The Provider bears no responsibility for transactions via the payment gateway.
7. If the Provider incorrectly invoices the Customer for Simpleship services based on a tax document, the Customer is entitled to notify the Provider in writing of this fact, highlight specific inaccuracies, and request the Provider to issue a new correct tax document within 30 calendar days from the issuance of the tax document. If the Customer fails to do so, the invoicing stated in the tax document is considered flawless, and the Provider is entitled to payment for the services according to the sent tax document. If the invoicing stated in the tax document was incorrect, the Provider, within 30 days of receiving the Customer's notification of the incorrect invoicing, will send a new and correct tax document with the correct invoicing of services and void the defective tax document.
11. Transport by Own Carrier
1. The Customer has the option to utilize their Own Carrier for shipment transportation.
2. Should the Customer opt to use their Own Carrier, the moment the shipment is concluded, a Partial Data Transfer Agreement is entered into.
3. In the case of using the Own Carrier, the shipment's transport cost is governed by the contractual relationship between the Customer and this Own Carrier.
4. The Provider is not liable for the accuracy of data transmitted by the Customer to their Own Carrier via the Order System.
12. Customs Clearance
1. Shipments crossing state borders and containing goods are subject to customs clearance. The Customer must ensure that the goods are dispatched in accordance with all customs regulations. The Customer is responsible for providing all necessary documentation and information required for customs clearance.
2. The Customer declares that all export/import documentation and information provided concerning the goods and customs clearance of the shipment are truthful, accurate, and complete.
3. An invoice for customs purposes, containing all necessary particulars, must be attached by the Customer to the external packaging of the shipment, or the required information is filled out on the Provider's website if permitted by the Carrier for the respective country.
4. The Customer is responsible for verifying whether goods shipped abroad can enter the destination country according to valid legal regulations and comply with any licensing or authorization requirements. Information provided by the Provider regarding the legal regulations of individual countries does not constitute an official interpretation of regulations.
5. If incorrect completion of documentation or its complete absence is discovered after the shipment has been accepted for transport and causes delays in delivery or other complications, neither the Provider nor the Carrier bears responsibility. In such a case, the Customer has no right to lodge a service complaint with the Provider.
6. All international shipments are sent exclusively according to INCOTERMS 2020 conditions under DAP terms (all customs duties and taxes of the destination country are paid by the Consignee).
7. The Customer undertakes to reimburse the Provider for the transport fees, expenses associated with the transport, and assumes final responsibility for customs measurements, taxes, fines, and other penalties, standard advances, and other fees (including administrative costs) incurred due to transportation, in full, regardless of whether the goods were delivered to the Consignee's address. This provision also applies when customs duties and fees are to be paid by the Consignee or Shipper (if different from the Customer) and have not been settled.
8. If the Customer refuses to take adequate measures to cover expenses, the shipment may be returned to the Shipper (in which case the Customer is obliged to pay the original fees and return fees) or placed in temporary storage, public or customs warehouse, or considered undeliverable.
9. The Provider is not responsible for shipments not collected from the customs office, and these shipments may be considered undeliverable.
10. If permitted by local regulations or unless otherwise specified, the chosen Carrier will ensure customs clearance for international shipments. The Carrier will provide information about the shipment to the customs office and other relevant authorities for customs clearance purposes.
11. The Provider is entitled to charge an additional handling fee for customs clearance when processing customs clearance for international shipments, for payment of duties and taxes to the customs office on behalf of the payer, for Services requested by the Shipper, Consignee, or a third party, or as compensation for costs transferred by the relevant public authority to the Carrier or Provider relating to the relevant submission to that public authority.
12. Should the need arise, the Customer will authorize the Carrier, Provider, or its representative to make and submit statements regarding export and re-export and any related actions as a direct representative on behalf of and at the expense of the Customer. The Customer is liable to the Provider for any consequences resulting from the Customer's failure to comply with relevant customs laws and regulations.
13. Personal Data Protection
1. The Provider is the Controller of personal data according to Article 4(7) of the Regulation (EU) 2016/ (also known as "GDPR") concerning the protection of individuals regarding the processing of personal data and the free movement of such data concerning the Customer and the Processor regarding the Sender and Recipient, provided they are not the same entity.
2. The Customer consents to the Provider processing, collecting, and storing the Customer's personal data specified in the contract or obtained from other sources related to their contractual relationship and additional personal data necessary for providing shipping services. The Provider will process and store this personal data for the purpose of fulfilling its obligations arising from the shipping contract and for record-keeping purposes. Personal data primarily includes:
1. For individuals: name, address, bank account number, email address, phone number,
2. For legal entities: names of contact persons, contact persons' phone numbers and email addresses, company name, billing address, identification number, tax identification number, bank account number.
3. The Customer undertakes to obtain consent from all involved parties in the business relationship between the Provider and the Customer, particularly the Sender and Recipient, for the processing of their personal data.
4. The Customer consents to the provision of this personal data to third parties. Personal data will be processed in electronic form automatically or in printed form non-automatically.
5. The complete Privacy Policy is attached as Appendix No. 1 to these Terms and Conditions and is available at https://simpleship.cz/privacy-policy.
6. Rights and obligations of contractual parties regarding the processing of personal data of Senders and Recipients are regulated by the Personal Data Processing Agreement, attached as Appendix No. 2 to these Terms and Conditions and available at https://simpleship.cz/privacy-policy.
7. Providing personal data by individuals willing to enter into a contract with the Provider is voluntary. However, providing this information is a condition set by the Provider for entering into a contractual relationship and fulfilling the Provider's obligations arising from this contractual relationship.
8. The Customer agrees to provide accurate and truthful personal data and is obliged to promptly inform the Provider of any changes.
9. The Provider is not responsible for the accuracy or truthfulness of personal data provided by registered users on the Website. Similarly, the Provider is not responsible for the accuracy or truthfulness of information provided by web portals containing links to the Provider's website.
10. The Customer is responsible for damages resulting from the misuse of their access data to the Order System. The Customer is required to take necessary measures to prevent their misuse.
14. Storage of Cookies, Visitor Monitoring, and User Accounts
1. The Customer agrees to the storage of so-called cookies on their computer. Storing cookies does not lead to personal identification. The Customer can exclude the storage of cookies in their web browser. However, this may limit the functionality of the Provider's website.
2. The Provider's website uses Google Analytics, a web analytics service provided by Google. This program is used to monitor and generate statistics about the Provider's website visitors. Google Analytics operates by storing cookies. Data related to visiting and using the website (including IP address) is stored using cookies. This data is used to improve the Provider's services.
3. Backing up user data (e.g., login password) is necessary for proper use of the Provider's website. User information includes access data (IP address, date, time, visited page) which is stored once a user visits the website. This data remains anonymous and is evaluated purely for statistical purposes. This statistical analysis is used to improve services. This data is not transferred to a third party for commercial or non-commercial purposes. User data is backed up for 12 months.
15. Handling Undeliverable Shipments
1. Shipments that the carrier fails to deliver to the Recipient and/or return to the Sender and are handed over by the Carrier for the Operator's disposition will be stored at the expense of the Customer.
2. The Operator will notify the Customer that an undeliverable shipment is stored, request the Customer to pick up the shipment within 30 days, and inform the Customer that the shipment will be held for 6 months, after which the Operator may sell the shipment in accordance with § 2581 of Act No. 89/2012 Coll. The above periods may be shortened by the Operator if there is a risk of the shipment's contents deteriorating earlier.
3. The Operator is authorized to open the shipment to determine its contents – to assess the value of the item, the effect of time on its deterioration, and danger. The Operator must respect postal secrecy, and the opening of the shipment will be recorded in the presence of two authorized persons of the Operator, who will sign a protocol regarding this action.
4. When selling the shipment, the Operator will consider making the sale as advantageous as possible for the Customer. If it is not possible to sell the shipment, the Operator may destroy it.
5. The sale or destruction of the shipment will be documented, and this documentation will be signed by two present authorized persons of the Operator.
6. If the Customer does not pick up the shipment within the specified period at the storage location, they are obliged to pay the storage costs of the shipment at a rate of 100 CZK for each commenced day of storage. If the Customer requests delivery of the shipment to their address after the storage period, they agree to pay the shipping cost from the storage location to the Customer's designated address.
7. After deducting costs for sale, storage, and other associated expenses, the proceeds from the sale will be released to the Customer upon their request. The right to request proceeds expires within 1 year of receiving the notification of the shipment's sale.
16. Concluding Provisions
1. These Terms and Conditions are valid in the form available on the Provider's website on the day the Customer's request is confirmed by the Provider. By sending an order, the Customer accepts all provisions of the Terms and Conditions, unless explicitly agreed otherwise in a specific case.
2. Any party to the contract may immediately withdraw from the contract due to a material breach of obligations by the other party. For the purposes of this contract, the substantial breach of obligations by the Customer includes, in particular, late payment of the price stated in the order and violations of obligations stipulated in these Terms and Conditions. For non-business individuals, provisions on consumer contracts under Act No. 89/2012 Coll. apply (according to § 1837 point j, a consumer cannot withdraw from a contract for the carriage of goods if the contract requires performance at a specific date or period).
3. Requests, withdrawals, and other unilateral acts performed by one party towards the other, if not delivered, are considered delivered no later than the fifth day after the party making the act submits it in the form of a registered mail item for postal delivery to the postal services operator.
4. If the legal relationship between the Customer and the Provider involves an international element, the parties agree to be governed by the legal system of the Czech Republic. The Provider is authorized to unilaterally modify these Terms and Conditions or the current service price lists without prior notice to the Customer. The Customer is obligated to regularly monitor the Provider's website, familiarize themselves with the published changes, and if they disagree with any of the changes, they are entitled to terminate the contract with the Provider in writing prior to the effective date of the change; otherwise, it is assumed that the Customer has been informed of and agrees with the changes effective from their date.
5. If any provision of these Terms and Conditions or any part thereof is considered invalid for any reason, this fact does not affect the validity of the remaining parts of the Terms and Conditions.
6. These Terms and Conditions come into effect on 01.10.2023.