Shipmall s.r.o., ID: 10728899, headquartered at Gočárova třída 1754/48b, 500 02 Hradec Králové, registered in the Commercial Register B 3756 maintained by the Regional Court in Hradec Králové, issues these terms and conditions, which form an integral part of the contract under which the Warehouser agrees to provide the services specified in the contract and the Depositor agrees to pay the agreed fee (price).
The provision of services specified in the contract and these terms and conditions means the sum of all activities and actions related to the storage of goods, packaging of goods, and arranging the transportation of shipments to the recipient.
By signing the Contract or its amendment, the Depositor confirms that they have read these Terms and Conditions (hereinafter referred to as "T&C") and agrees to abide by their provisions. The T&C and the price offer, which serves as a price list of services, form part of the contract in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "CC").
The terms used in the contract and the terms and conditions have the following meanings:
The Warehouser operates its logistics services at the following addresses:
The Depositor orders the stocking of goods with the Warehouser electronically exclusively in the eLogist application at least one working day before the planned delivery date to the Warehouser's warehouse.
The Depositor shall notify the Warehouser of the planned delivery of goods for stocking in the volume of 5 or more EURO pallets, or the equivalent of this quantity, at least 3 working days before the planned delivery date.
In the case of planned delivery of goods in a volume greater than 10 EURO pallets, or the equivalent of this quantity, the Depositor and the Warehouser shall agree on the exact date and time within a two-hour range when the goods will be delivered to the Warehouser for receipt, no later than 15:00 on working days.
The stocking order contains the following details: supplier name, product name, product identifier (ID), barcode (EAN), product variants, quantities, expiration dates.
The Depositor is entitled to cancel the order in the eLogist application until the physical receipt of the goods by the Warehouser.
The Warehouser receives the shipment of goods based on the stocking order in the eLogist application.
The Warehouser will check the received goods for quantity and volume of delivery within a reasonable period. Upon receipt of the goods, the Warehouser verifies the consistency of the quantity of delivered goods with the documents accompanying the goods (delivery note). However, the Warehouser is not required to check the proper packaging of the goods and their labeling, and by confirming the delivery note or issuing another confirmation of receipt of the goods, does not confirm the proper packaging and labeling of the goods. The Warehouser verifies the quantity of received packaged goods according to the declared number of packaging units on the pallet, in the container, or other packaging in which the goods are received.
Unless the Customer particularly orders the inspection of the goods, the Warehouser does not verify the number of items in the packaging in which the goods are received, and the confirmation of receipt issued confirms only the receipt of the total number of packaging units, not the number of individual items in the received packaging. The Warehouser also does not verify, nor confirm on the receipt, the conformity of the declared type, model, or quality of the goods with the actual contents of the packaging. Any defects in packaging, labeling, quantity, or quality of goods discovered may, but are not required to, be notified by the Warehouser to the Depositor, requesting remediation, and if the Depositor does not rectify the defects within a reasonable period, the Warehouser may rectify the packaging or labeling defects at the Depositor's expense.
If the goods are not properly labeled with barcodes, the Warehouser reserves the right to label them with their own barcodes. The costs associated with labeling the goods are borne by the Depositor. The stocking time of goods after their receipt and inspection is always subject to agreement.
The Warehouser is entitled not to accept or stock a shipment of goods if:
Goods are stored in the spaces operated by the Warehouser, in storage locations (pallet racks, shelf racks, or freely on the floor).
The climatic conditions of the Warehouser's storage spaces are maintained within ranges that allow the storage of common types of goods. The Depositor is entitled to order the stocking of only such goods that can be stored in the climatic conditions of the Warehouser's storage spaces.
The Depositor may visit the Warehouse and inspect the stored Goods upon prior appointment and confirmation of the visit date by the Warehouser. The Depositor must not move around the Warehouse except in the presence of an assigned Warehouse worker. The Depositor is obliged to adhere to the safety and fire rules of the Warehouse and the instructions of the assigned Warehouse worker.
If inspecting the goods could result in damage to the goods, their packaging, or the risk of damage to other stored goods or the Warehouse, the Warehouser is entitled not to allow the Depositor to inspect or terminate the inspection. The Warehouser is also entitled not to allow the Depositor to inspect the goods for other important reasons, especially due to ongoing audits, inspections, inventories, or increased risk of injury or damage. The Depositor is solely responsible for any damages caused to the goods during the inspection.
The Warehouser will conduct an inventory of goods based on the Depositor's request. One inventory is conducted annually for the Depositor free of charge. Any additional inventory conducted based on the Depositor's request is charged. Inventory of stock is ordered exclusively by email to the responsible warehouseman.
The Warehouser charges fees for services provided according to the price list attached to the contract with the Depositor, which is an integral part of the contract.
Invoicing of services provided is carried out based on mutually agreed conditions, usually on a monthly basis for the past month. The Warehouser issues an invoice, which is due 14 days after the issue date unless agreed otherwise in the contract.
The contract between the Warehouser and the Depositor can be terminated under the conditions specified in the contract and these terms and conditions.
Termination of the contract does not affect any rights or obligations that arose during the term of the contract. Upon termination, the Depositor is obliged to settle any outstanding amounts owed to the Warehouser.
In the event of early termination of the contract by the Depositor without cause, the Depositor is obliged to pay the Warehouser compensation for any damages and costs incurred as a result of the termination.
The Warehouser is liable for damages caused to the goods during storage to the extent specified by applicable law.
The Warehouser is not liable for damages caused by natural disasters, acts of war, strikes, or other circumstances beyond the Warehouser's control.
Complaints regarding the services provided by the Warehouser must be made in writing without undue delay. The complaint must specify the nature of the defect and the claimed amount.
These terms and conditions take effect on the date specified in the contract. The Warehouser reserves the right to amend these terms and conditions. Amendments take effect upon their publication in the eLogist system.
The contract and these terms and conditions are governed by the laws of the Czech Republic. Any disputes arising from the contract will be resolved by the competent courts in the Czech Republic.
The contractual relationship between the Warehouser and the Depositor is established by the contract, which includes these terms and conditions and the price list.
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