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General terms and conditions of the supplier

For Suppliers

GENERAL TERMS AND CONDITIONS OF THE SENDER
of Mallogistic s.r.o., Dopravná 4206/10, 075 01 Trebišov, Slovak Republic, Company ID: 51 139 511

Article I Basic Provisions

  1. These General Terms and Conditions of the Sender (hereinafter referred to as “Sender’s GTC”) are issued by Mallogistic s.r.o. to regulate the rights and obligations of the parties to the transport contract (hereinafter referred to as the “Transport Contract”) concluded by Mallogistic s.r.o., with its registered office at Dopravná 4206/10, 075 01 Trebišov, Slovak Republic, Company ID: 51 139 511, registered in the Commercial Register of the District Court Košice I, Section Sro, Insert No. 46169/V (hereinafter referred to as the “Sender”) and any natural or legal person and other entities, who are entrepreneurs (hereinafter referred to as the “Carrier”). The Carrier, when entering into and performing the Transport Contract, acts within the scope of its business activity. The subject of the Transport Contract is the regulation of mutual rights and obligations arising between the parties concerning the transport of shipments.
  2. Transport of the shipment refers to either domestic or international transport.
    • Domestic transport refers to transport within one country if the pickup point and the designated delivery location (hereinafter referred to as “destination”) are in the same country.
    • International transport refers to transport where the pickup point and the destination are in two different countries.
  3. Under the Transport Contract, the Carrier agrees to transport a shipment from a specific location (pickup point) to another location (destination) for the Sender, who agrees to pay the Carrier a fee (freight charge).
  4. These Sender’s GTC are an integral part of the Transport Contract between the Carrier and the Sender (hereinafter referred to as the “Contracting Parties”). Any provisions of the Transport Contract that differ from these GTC take precedence. Any deviations from these GTC must be agreed upon in writing by both parties; otherwise, they are invalid.
  5. Legal relations established by the Transport Contract are governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR) (Decree of the Minister of Foreign Affairs No. 11/1975 Coll., hereinafter referred to as the “CMR Convention”), if its applicability is given under Article 1, Paragraphs 1 to 4 of the CMR Convention, and subsidiarily by Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”) and these Sender’s GTC. In cases where the legal relationship arising from the Transport Contract cannot be governed by the CMR Convention, it shall be governed by the provisions of the Commercial Code and other legal regulations of the Slovak Republic, and these Sender’s GTC.
  6. The Carrier is required to become familiar with these GTC before entering into the Transport Contract. These GTC apply to all contractual relationships between the Carrier and the Sender regarding the transportation of shipments, effective from the moment the Transport Contract is concluded until all obligations arising from or related to the concluded Transport Contract are fully fulfilled. By entering into the Transport Contract, the Carrier is bound by these GTC and expresses its consent to them, which can also be expressed through electronic communication between the Contracting Parties.
  7. After accepting these GTC, all legal relations between the Contracting Parties will continue to be governed by these GTC until one of the parties notifies the other in writing that it no longer wishes to be bound by the Sender’s GTC. The effect of such notification begins on the day the written notice is delivered.
  8. The Carrier’s terms and conditions apply only if the Sender has explicitly and in writing accepted them as taking precedence over the Sender’s GTC in the Transport Contract. Otherwise, the Sender’s GTC take precedence over the Carrier’s terms and conditions.
  9. The Sender reserves the right to update or amend these GTC periodically. All changes, additions, or the complete updated version of the Sender’s GTC will be issued by the Sender in writing and published appropriately on its website.
  10. If any provision of the Sender’s GTC or the Transport Contract is invalid, it does not affect the validity of the remaining provisions. The Contracting Parties shall replace the invalid provision with a new provision that closely reflects the parties’ intentions at the time the Transport Contract was concluded.
  11. If these GTC require a written form for certain actions, this requirement is considered met if the action is performed electronically.

Article II Transport Order and Conclusion of the Transport Contract

  1. The Contracting Parties conclude the Transport Contract based on the Sender’s Order and its acceptance by the Carrier.
  2. An Order is understood to be a unilateral legal act by the Sender directed at the Carrier to arrange the transportation of the shipment by the Carrier. An accepted Order is considered an offer for a Transport Contract.
  3. The Order is sent by the Sender to the Carrier via email or fax and includes the following details:
    • a) Identification data of the Sender: trade name, registered office, Company ID, Tax ID, bank details, and the person authorized to negotiate shipment transport,
    • b) Specification of the shipment to be transported by the Carrier (type, dimensions, and weight),
    • c) Location of loading,
    • d) Date for shipment loading,
    • e) Location of unloading,
    • f) Date for unloading,
    • g) Freight price,
    • h) Any specific requirements of the Sender regarding the transportation of the shipment, if any exist.
  4. The offer for the contract (“Order”) is considered properly accepted if the Carrier does not reject the offer within 4 hours during business hours after receiving it by email, or if the Carrier confirms the Order in writing or alternatively confirms the CMR consignment note or the waybill.
  5. The person accepting the Order declares that they are duly authorized, appointed, or empowered by an authorized person to conclude the Transport Contract. In the event that this declaration is untrue, the person accepting the Order is responsible for any damages arising from the invalid conclusion of this contract or invalidly agreed contractual conditions based on this offer. The person, in accordance with the previous sentence, also declares that if the Carrier, on whose behalf they act, fails to fulfill a financial obligation arising from these accepted Sender’s GTC, they will cover it as a guarantor.
  6. Upon acceptance of the transport Order, the Transport Contract is considered properly concluded, and the Carrier undertakes to perform the agreed transport for the Sender under the agreed conditions.
  7. If the Carrier confirms the offer of the Transport Contract but with written reservations, additions, restrictions, or other changes, this is considered a rejection of the original offer and is regarded as a new offer for the Transport Contract directed from the Carrier to the Sender. The Transport Contract is concluded only after the new offer is unconditionally accepted by the Sender.
  8. The Contracting Parties are bound by the concluded Transport Contract and are not entitled to unilaterally cancel it unless the Transport Contract, these Sender’s GTC, or generally binding legal regulations provide otherwise. Any changes or additions to the concluded Transport Contract can only be made in writing in the form of numbered addenda signed by both the Sender and the Carrier.
  9. Proof of the conclusion of the Transport Contract is the waybill or CMR waybill. The waybill is drawn up in three original copies, which must contain the stamp and signature of both the Sender and the Carrier. One copy of the waybill is for the Sender, one for the Carrier, and one accompanies the shipment during transport. In case the waybill is missing, has deficiencies, or is lost, this does not affect the existence or validity of the concluded Transport Contract.
  10. If the transported shipment needs to be loaded onto several vehicles, or if it consists of different types or separate parts, the Sender or the Carrier has the right to request the issuance of as many waybills as the number of vehicles to be used or the types or separate parts of the shipment to be loaded.

Article III Rights and Obligations of the Contracting Parties

  1. The Carrier is obliged to perform its activities under the agreed conditions, with professional care and quality. In fulfilling these obligations, the Carrier must especially ensure the proper handling of the entrusted shipment and any items received in connection with the shipment (such as documents related to the shipment, etc.).
  2. The Carrier must follow the Sender’s instructions when performing the transport. If the Carrier does not receive necessary instructions from the Sender, it is obliged to request them. If there is a risk of delay, the Carrier must continue with the transport in a way that protects the Sender’s interests to the greatest extent possible.
  3. The Sender is required to provide the Carrier with accurate information about the contents of the shipment, its nature, type, weight, and number of pieces.
  4. The Carrier is required to participate in loading and unloading and is responsible for ensuring they are properly carried out. During loading, the Carrier must verify that the consignment note or CMR consignment note contains all required information. The Carrier must have the consignment note or CMR consignment note (for international transport) confirmed at loading, or an alternative document on the transport, such as a cargo vehicle record. Additionally, the Carrier must check the quantity and weight of the shipment, its labeling, the integrity of the packaging, its condition, and how it is secured on the vehicle. Furthermore, the Carrier must verify that all accompanying documents related to the shipment (such as the delivery note, pallet tickets, etc.) match the actual condition and that these documents align with the Transport Contract or accepted Order. If any discrepancy is found, the Carrier is required to notify the Sender immediately and request further instructions. The Carrier must not leave the loading area until it has received instructions from the Sender on how to proceed. If the Carrier disagrees with the Sender’s instructions, it is still obliged to perform the transport as agreed in the Transport Contract. If the Carrier fails to meet its duty of notification, it must compensate the Sender for any contract penalty agreed upon as the price of the transport. If the Carrier fails to notify and performs the transport based on the initial condition of the shipment, it does so at its own risk and bears any related damages or extra costs.
  5. The Carrier must inform the customer (the person for whom the Sender is arranging the transport) if the placement of the shipment on the vehicle is inappropriate. If the customer does not re-position the shipment, the Carrier must immediately inform the Sender and make a written reservation on the consignment note or CMR consignment note. The Carrier must have securing materials available at loading to stabilize the load (anti-slip mats, corner protectors, straps, etc.) and secure the transported load per relevant safety regulations.
  6. The Carrier is required to inform the Sender when the vehicle arrives for loading. After loading, the Carrier must provide the Sender with the actual weight of the loaded shipment.
  7. In the event of an accident, vehicle detention, or another obstacle that hinders the completion of transport, the Carrier must, without delay and at its own expense, arrange for another vehicle of similar parameters. If this duty is not fulfilled, the Carrier must compensate the Sender for any additional costs incurred.
  8. The Carrier must carry out all activities specified in the Transport Contract itself. Assigning or engaging third parties is not allowed without prior written consent from the Sender.
  9. Without prior written consent from the Sender, the Carrier is not authorized to use the shipment or allow third parties to use it. If the Carrier breaches this prohibition, the Contracting Parties have agreed upon a contractual penalty of EUR 500 for each breach.
  10. The Carrier is obliged to inform the Sender of any risks of damage, delay, or other circumstances that may affect the transport. In the event of damage, the Carrier must take necessary steps to minimize the damage and promptly inform the Sender. If unloading presents issues, the Carrier must inform the Sender immediately.
  11. The Carrier is required to park exclusively in designated, secure parking areas throughout the transport. Any damage caused due to a breach of this duty must be fully compensated by the Carrier.
  12. In case of a delay in loading or unloading the shipment by more than 2 hours from the agreed time, the Carrier must pay a contractual penalty of EUR 50 for each additional hour of delay.
  13. If the vehicle is not present for loading, or if transport is canceled less than 48 hours before loading, the Sender has the right to charge the Carrier a contractual penalty in the amount of the agreed transport price.
  14. The Carrier declares that, upon conclusion of the Transport Contract, it has valid insurance covering liability for any damage arising during the performance of the Transport Contract.
  15. The Carrier is liable for any damage to the shipment in accordance with the provisions of the CMR Convention.
  16. The Carrier is responsible for ensuring the vehicle’s technical condition, including the loading area, undamaged cover, and compliance with safety equipment requirements.
  17. The Carrier agrees not to contact the Sender’s customer outside the obligations arising from this Transport Contract.
  18. The Carrier must provide necessary documentation to the Sender within 7 days of delivery of the shipment.
  19. The Carrier’s invoice is payable within 60 days from the date it is delivered to the Sender.
  20. The Carrier must comply with all labor and minimum wage requirements of the countries in which it operates.
  21. The statute of limitations for claims by the Sender against the Carrier is extended to 10 years from the first start of the limitation period.

Article IV Final Provisions

  1. The Carrier does not have the right to transfer its claims against the Sender arising from the Transport Contract to a third party.
  2. Any disputes that arise between the Carrier and the Sender from the concluded Transport Contract shall be primarily resolved by the Contracting Parties through out-of-court means.
  3. All legal relations arising between the Contracting Parties from the Transport Contract, including relations associated with the concluded Transport Contract, are always governed by the laws of the Slovak Republic and international treaties that take precedence over the laws of the Slovak Republic. The applicable law is always Slovak law.
  4. The Contracting Parties agree that, except for disputes explicitly excluded by Act No. 244/2002 on Arbitration Proceedings (hereinafter referred to as the “Arbitration Act”), all disputes arising from legal relations under or related to this contract, including all ancillary legal relationships, claims for restitution, claims for damages, disputes regarding the validity, interpretation, or termination of this contract or the arbitration clause, shall be resolved by arbitration under the provisions of the Arbitration Act and the substantive law of the Slovak Republic before arbitrator JUDr. Milan Vojtek, with a registered office at Jilemnického 30, 036 01 Martin, Slovak Republic, or before another arbitrator or arbitration court in an EU member state designated by JUDr. Milan Vojtek, following the procedure established in § 8 paragraph 1 of the Arbitration Act (agreed method of selecting an arbitrator). The proceedings shall be conducted in writing under Slovak law, in accordance with the Arbitration Rules of the ARBITRATION Arbitration Court (if decided by an arbitration court), or the Rules of Procedure (if decided by an arbitrator) as published on the website www.arbitraz.sk. In cases specified under § 22a of the Arbitration Act, filing the motion does not require notification to the opposing party. The arbitrator’s decision shall be final, binding, and enforceable for the parties. The Contracting Parties further agree that:
    • a) if it is a commercial dispute, the arbitrator may decide based on principles of fairness;
    • b) the arbitral award cannot be reviewed at the request of either Contracting Party by another arbitrator or arbitration panel of the Arbitration Court.

In cases of international transport subject to the CMR Convention, the arbitrator is required to make decisions under the CMR Convention in accordance with Article 33 of the CMR Convention. The written form of the arbitration agreement is maintained if:

  • a) the arbitration agreement is contained within the mutual written communication of the parties, or
  • b) it was concluded electronically, allowing the capture of the content and the identity of the person making the legal act.
  1. These Sender’s General Terms and Conditions (GTC) are prepared in both Slovak and English, and both language versions are legally equivalent. In case of ambiguities or contradictory interpretations of these Sender’s GTC in Slovak and English, the contractual relations between the Sender and the Carrier shall be governed by the Slovak version of the Sender’s GTC.
  2. These Sender’s GTC are effective as of May 27, 2019. All changes and amendments to these Sender’s GTC become effective on the date of their publication and availability on the Sender’s website.

GDPR – Information on the Processing of Personal Data

Dear Sir/Madam,

In connection with the adoption of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, effective as of May 25, 2018, and applicable to the processing of your personal data by Mallogistic, s.r.o., we provide you with a summary of basic information about the processing and protection of your personal data by Mallogistic, s.r.o., as the data controller.

To ensure the smooth execution of activities in line with the business objectives of Mallogistic, s.r.o. and the valid legislation of the Slovak Republic, we need your personal data. Ensuring the security and lawful processing of your data is our priority. Below you will find information on how we process your personal data and how we ensure its security.

Identification and Contact Information of the Controller

Your personal data is processed by Mallogistic, s.r.o., registered in the Commercial Register of the District Court Košice I, entry no. 42521/V, located at Dopravná 4206/10, 075 01 Trebišov, Company ID: 51 139 511, email: info@mallogistic.com / tel.: +421……… (hereinafter referred to as the “Controller”).

Purpose and Legal Basis for Processing Your Personal Data

  • Payroll and Human Resources: Processing of personal data is conducted in compliance with legal obligations under Article 6(1)(c) GDPR.
  • Accounting Documents: Processing of personal data is conducted in compliance with legal obligations under Article 6(1)(c) GDPR.
  • Registry Management: Processing of personal data is conducted in compliance with legal obligations under Article 6(1)(c) GDPR.
  • Forwarding and Freight Transport: Processing of personal data is conducted under Article 6(1)(b) of Regulation (EU) 2016/679 – contract.
  • Employee GPS Monitoring: Processing of personal data is conducted in accordance with Article 11, Section 13(4), Section 82 of Act No. 311/2001 Coll., the Labor Code, and under Article 6(1)(f) of Regulation (EU) 2016/679 – legitimate interest.
  • Publication on the Website: Processing of personal data is conducted under Article 6(1)(a) of Regulation (EU) 2016/679 – consent of the data subject.
  • Contractual Relationships: Processing of personal data is conducted under Article 6(1)(b) of Regulation (EU) 2016/679 – contract.
  • Requests from Data Subjects: Processing of personal data is conducted in compliance with legal obligations under Article 6(1)(c) GDPR.

To Whom We Provide Your Personal Data

In processing your personal data, we also use verified and contractually bound external business partners, who assist us in processing and protecting your personal data. These so-called processors handle your personal data based on agreements between the Controller and the processor under Article 28 of the General Data Protection Regulation (GDPR).

Recipients of personal data include a range of entities to whom we provide your personal data, most often to fulfill our legal obligations, or they are our employees who interact with you as data subjects. Below is a list of categories of data recipients:

  • Courts and law enforcement authorities, executors,
  • Social and health insurance institutions,
  • Financial Administration of the Slovak Republic, Financial Directorate of the Slovak Republic, tax office,
  • Supplementary pension insurance companies and pension fund management companies,
  • State administration and public authorities for control and supervision,
  • Employment, Social Affairs, and Family Office,
  • State archives with regional territorial competence,
  • Statistical Office of the Slovak Republic,
  • Public Health Office of the Slovak Republic,
  • Fire and Rescue Corps,
  • Labor Inspectorate,
  • Public authorities, Ministry of Justice of the Slovak Republic,
  • State administration authorities, public authorities, and other authorized entities,
  • Cloud service providers.

How Long We Retain Your Personal Data

Documentation that is not part of registry records is securely destroyed without delay once the purpose of processing is fulfilled. Personal data contained in registry records is retained for the period specified in the registry plan within the archive of an external contractual company. After the retention period expires, registry records are disposed of in accordance with Act No. 395/2002 Coll. on archives and registries, ensuring the content is irretrievable.

Transfer of Personal Data to a Third Country or International Organization

We do not intend to transfer your personal data to a third country or international organization.

Are You Required to Provide Your Personal Data?

  • If the legal basis is consent under Article 6(1)(a) GDPR, you are not obligated to provide us with your personal data. Provision is based on your free will and voluntary action. You have the right to withdraw your consent at any time. Not providing personal data should not have any significant negative impact on you but may reduce the convenience of using some services and receiving updates.
  • If the legal basis is contract execution under Article 6(1)(b) GDPR and you refuse to provide your personal data, it may result in the impossibility of concluding a contractual relationship or fulfilling it.
  • If the legal basis is legal obligations under Article 6(1)(c) GDPR, providing your personal data is mandatory. Refusing to provide it may result in damage claims (e.g., if a fine is imposed on us for failing our obligations in connection with your refusal).
  • If the legal basis is the public interest or the exercise of public authority under Article 6(1)(e) GDPR, providing your personal data is mandatory; refusal may lead to service denial or inability to issue a requested decision.
  • If the legal basis is legitimate interests under Article 6(1)(f) GDPR, you are required to tolerate such processing but may object. More information about this right can be found in the specially highlighted section of this document and through transparency mechanisms we may use during our initial communication and/or when obtaining your personal data directly from you.

Your Rights as a Data Subject

In relation to the processing of your personal data, you have:

  • The right to clear, transparent, and understandable information about how we use your personal data and your rights.
  • The right to access your personal data and additional information about its processing.
  • The right to correct incorrect or incomplete personal data.
  • The right to delete your personal data, especially if:
    • They are no longer necessary for further processing.
    • You have withdrawn your consent to their processing.
    • You have objected to their processing.
    • They are processed unlawfully or must be deleted under legal regulations.
  • The right to restrict the processing of your personal data if:
    • You dispute its accuracy.
    • Processing is unlawful.
    • We no longer need the data, but you require it to exercise your legal claims.
    • You object to processing until we verify whether our legitimate grounds override your interests.
  • The right to object to processing for direct marketing or our legitimate interests.
  • The right to obtain your personal data and transfer it to another service provider.
  • The right to lodge a complaint with the Office for Personal Data Protection, Hraničná 12, 820 07 Bratislava, tel. +421 -2-3231-3220, email: statny.dozor@pdp.gov.sk.

Need Assistance?

If you have questions regarding the processing of your personal data, are dissatisfied with how we handle it, or need any related assistance, please contact our responsible person by phone at +421………, electronically at malackanic@mallogistic.com, or in writing at Mallogistic, s.r.o., L. Svobodu 3308/13, 075 01 Trebišov.

How We Process and Protect Your Personal Data

We process your personal data in electronic and paper form and do not use automated decision-making, including profiling. To ensure the security and confidentiality of your personal data, we use technical and organizational measures, particularly to protect against unauthorized access, processing beyond purpose, and to secure our IT systems and data recovery. Where necessary, we use encryption for electronic data. We regularly evaluate and update these measures.

Cookies

When you visit our website, you are informed that we use technology to collect and store information using cookies on your device. Cookies are small text files that can be deleted from your browser or disabled. Cookies do not collect any personal data, but without them, we cannot guarantee full functionality of the website.

Analytics and Statistics

We do not monitor or analyze the website using analytical services.

Final Provisions

These data protection principles are effective from May 25, 2018. We reserve the right to change these principles if there is a change in data processing in our company.