General Terms and Conditions for the Provision of Mediated Domestic and International Transport and Logistics Services

(effective as of July 1, 2025)

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1. INTRODUCTORY PROVISIONS

These general terms and conditions for the provision of mediated domestic and international transport and logistics services (hereinafter referred to as the „GTC“) govern the contractual relationships between Poolside as the service provider and its Customers as recipients of these services in the provision of mediated domestic and international transport and logistics services through contractual Carriers and other contractual Partners of Poolside, and form an integral part of every Agreement that Poolside concludes with a Customer. Deviations from these GTC may only be agreed upon in writing. Poolside reserves the right to unilaterally amend or supplement these GTC at any time.

The current online version of the GTC, published and managed on the poolside-logistics.com website, takes precedence over and supersedes all older or other versions of the GTC. By concluding the Agreement, the Customer undertakes to comply with the GTC valid at the time of submitting the Shipment to the Carrier or another Partner for mediated domestic and international transport and/or logistics service.

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2. BASIC DEFINITIONS AND INTERPRETATION

1. Basic Definitions

„Application“ means the electronic user environment operated by Poolside, which is intended for Customers to select and order Services, as well as for related communication with Poolside, and which is available from Poolside's website at https://app.poolside-logistics.com/login.

„Price“ has the meaning set forth in clause 8.1 of these GTC.

„Additional Costs“ have the meaning set forth in clause 8.4 of these GTC.

„Carrier“ or „Deliverer“ means an entity other than Poolside, through which Poolside carries out the collection, transport, and delivery of Shipments.

„Ancillary Services“ means other services provided by Poolside that are not Services.

„Electronic Order“ means (i) a legal act by the Customer aimed at concluding an Agreement, made via electronic communication (especially email or SMS), by which the Customer accepts Poolside's offer of Services, or (ii) a legal act by Poolside aimed at concluding an Agreement, made via electronic communication (especially email or SMS), by which it confirms the Customer's request, provided that such legal act by both the Customer and Poolside must contain a sufficient definition of the subject of the Services, identification of the Parties, and other essential elements necessary for concluding the Agreement. For the identification of the Parties, it is sufficient if the identity of the Parties is sufficiently clear from the Electronic Order, i.e., at least the name of the entity and, if applicable, the person acting on behalf of such entity.

„GDPR“ has the meaning set forth in clause 16.1 of these GTC.

„Delivery Location“ means the address to which the Shipment is to be delivered.

„Montreal Convention“ means the Montreal Convention of May 28, 1999, and all subsequently valid protocols.

„Service Proposal“ has the meaning set forth in clause 6.6 of these GTC.

„Civil Code“ means Act No. 89/2012 Coll., the Civil Code, as amended.

„Order“ means the Customer's expression of will aimed at concluding an Agreement through the Application, based on an Electronic Order, or by any other means capturing the Customer's will.

„Partners“ or individually „Partner“ means any contractual partner of Poolside, other than the Carrier, Poolside, and the Customer, whose services Poolside uses to fulfill the Services under the Agreement.

„Poolside“ means Poolside s.r.o., with its registered office at Španělská 759/4, Vinohrady, 120 00 Prague 2, Company ID: 174 31 417, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 371640.

“Fees” mean, in particular, any taxes, duties, fuel surcharges, fines, payments assessed by administrative or public authorities of any relevant jurisdiction, increased costs for oversized Shipments or transport of a Shipment to remote areas, advances, and other financial claims associated with the provision of Services that have arisen on the part of the Customer, the Shipment Recipient, or relevant third parties and which are not the responsibility of Poolside.

“Business Days” or individually “Business Day” means days other than Saturdays, Sundays, and public holidays in the country of dispatch, transit countries, and the country of delivery.

“Recipient” means the entity designated in the Order as the “Shipment Recipient” or “Recipient,” or any other entity authorized to take delivery of the Shipment.

“Framework Agreement” means a written arrangement between Poolside and the Customer that may establish the conditions for concluding individual Agreements, including deviations from these GTC.

“Difference in Shipment Parameters” has the meaning set forth in Section 7.4 of these GTC.

“Services” or individually “Service” mean all services provided by Poolside consisting of the provision of brokered domestic and international transport and logistics services, which include, among other things, the provision of brokered transport through Carriers and Poolside’s Partners, the receipt and dispatch of Shipments from the warehouse, and the handling of Customer Shipments, in particular the provision of brokered air, sea, and combined transport services for Shipments with a place of dispatch and/or delivery in the Czech Republic and/or within Europe, as well as international transport between Europe and other continents.

“Agreements” or individually “Agreement” mean contracts related to the procurement of transport of goods or logistics services concluded between Poolside and the Customer in written or other form based on the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”).

“Parties” or individually “Party” mean Poolside and/or the Customer.

“Conventions” collectively mean the Montreal Convention, the Warsaw Convention, and the CMR.

“CMR Convention” means the 1956 CMR Convention on the Contract for the International Carriage of Goods by Road, as amended in 1978.

“Warsaw Convention” means the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955, and all subsequent applicable protocols and the Guadalajara Convention of September 18, 1961.

“Items Excluded from Transport” means Shipments for which the Customer has not provided the necessary information and parameters for transport or storage in a timely manner in accordance with these GTC or Poolside’s instructions, as well as any items that, according to established trade practices in domestic and international transport, cannot be transported due to their dangerous nature or potential danger to the life, health, and property of persons or entities, animal species, or protected plant species, are technically, dimensionally, or otherwise unfit for transport, are insufficiently protected, packed, or secured, contain pressurized containers, fire extinguishers, etc., and are therefore excluded from transport or are subject to specific restrictions, reporting, or transport methods. This includes, in particular: (i) Shipments weighing more than 70 kg and/or exceeding 274 cm in length or a combined length and girth of 400 cm. (ii) Shipments exceeding the equivalent of 50,000 USD in local currency. (iii) Jewelry and watches in a Shipment, other than costume jewelry or costume watches, exceeding the equivalent of 500 USD in local currency. (iv) Shipments containing items of extraordinary value (e.g., works of art, antiques, precious stones, stamps, unique items, gold or silver), money, or negotiable financial instruments (e.g., checks, bills of exchange, bonds, savings books, prepaid credit cards, stocks, or other securities), firearms, or dangerous goods. (v) Shipments containing live animals, plants, trees, and seeds, human or animal organs and remains, or biological material. (vi) Shipments containing goods capable of endangering human or animal life or any means of transport, or otherwise contaminating or damaging other goods transported with the Shipment, or whose transport, import, or export is prohibited by applicable legal regulations (especially dangerous goods such as flammables, chemicals, acid-forming, corrosive and irritant substances, medical waste, firearms and their imitations, ammunition, explosives, pyrotechnics, dangerous goods subject to any of the conventions on the transport of dangerous goods – ADR, IATA DGR, etc., medicines, drugs, batteries, etc.).

“GTC” means these General Terms and Conditions for the provision of brokered domestic and international transport and logistics services.

“Collection Point” means a location where the receipt and/or dispatch of Shipments is provided.

“website” means the Poolside website available at https://www.poolside-logistics.com/#co-umime.

“Customers” or individually “Customer” mean natural or legal persons who have entered into an Agreement with Poolside as part of their business activities.

“customer support” has the meaning set forth in Section 4.4 of these GTC.

“Shipments” or individually “Shipment” mean items intended for transport, including, but not limited to, parcels, documents, envelopes, and other items suitable and accepted for transport under the Agreement.

“Shipment” means the verbal designation of a Shipment used in the Application.

“Goods” means any item intended for sale that may be considered goods under applicable and effective legal regulations.

1. Interpretation
   
   1. The term "person" includes both a natural person and a legal entity.
   2. A reference to a Party to the Agreement also includes its representatives, successors, or approved assignees.
   3. A reference to a legal regulation or its individual provisions means a reference to such legal regulation in its valid and effective wording, including a reference to subordinate legal regulations related thereto.
   4. The terms "including," "in particular," "such as," or similar expressions shall be interpreted as illustrative and shall not limit the meaning of the words that precede these terms.
   5. A reference to the term "written" or "in writing" also includes any recording of a legal act or words by electronic means, the meaning and the acting person of which are beyond doubt, unless expressly stated otherwise.
   6. Unless otherwise stated in the Agreement or the GTC, time limits in the GTC are set in Business Days.

3. GENERAL PROVISIONS

1. These GTC apply to all Services provided by Poolside that are the subject of the Agreement and that have been bindingly ordered by the Customer, either through the Application, via an Electronic Order, or by any other means capturing the will of the Parties.
2. These GTC apply to the provision of brokered transport of Shipments with a place of dispatch and/or delivery within the territory of the Czech Republic and/or within Europe, as well as to the provision of brokered international transport between Europe and other continents, where this transport is provided by selected Carriers and, where applicable, other Poolside Partners. In some markets, local conditions or postal regulations may apply instead of or in addition to these GTC.
3. Shipments originating from countries outside Europe are subject to the local tariffs and conditions of the Carrier and/or Partner that accepted the Shipment for transport. Returned Shipments are subject to the conditions applicable to the country or territory from which the Shipment is returned.
4. International air transport of shipments is subject to the Montreal Convention or the Warsaw Convention, as the case may be. International road transport of Shipments is subject to the CMR Convention. Domestic shipments (between designated locations within a single country) are subject to the laws of that country, these GTC, and, where applicable, the relevant transport conditions of the chosen Carrier and/or Partner for domestic transport.
5. In the event of a conflict between these GTC and other Poolside documentation, these GTC shall prevail, provided they do not conflict with applicable Conventions or other mandatory legal regulations, including applicable local postal regulations. The previous sentence does not apply if Poolside and the Customer have agreed on an express deviation from the GTC in the Agreement; in such a case, the agreement of the Parties to the Agreement shall prevail. The Parties may not agree on a deviation from the applicable mandatory legal regulations of the country that apply to the contractual relations of the Parties.
6. In providing the Services, Poolside utilizes the services of its contracted partners, i.e., Carriers and/or other Partners, who provide transport, i.e., delivery of Shipments and/or provide logistics services. Specific Poolside Carriers and/or Partners may vary depending on the location and availability of their services. Carriers and/or Partners may use other subcontractors to fulfill their services.
7. The Customer declares that they have read these GTC before entering into the Agreement and that they agree to them. At the same time, the Customer is obliged to ensure the Recipient's consent to these GTC and to provide proof of such consent upon Poolside's request. The GTC exclude the application of any other terms and conditions of the Customer, unless the Parties expressly agree otherwise.
8. The Customer acknowledges that no statement, promise, or representation made by the Carrier or any other Partner shall take precedence over the Agreement or be binding upon Poolside, unless otherwise agreed upon by the Parties.
9. The Customer hereby expressly declares and undertakes that:
   1. is fully authorized to enter into the Agreement and to fulfill the obligations arising therefrom.
   2. has provided Poolside with all data necessary for the proper provision of the Services truthfully, completely, and in a timely manner, and that all information provided in this way is accurate as of the moment it was provided,
   3. bears full responsibility, in accordance with applicable laws, international conventions, and these GTC, for the accuracy, completeness, and timeliness of all information and data provided to Poolside in connection with the Order and the provision of Services,
   4. is obliged to notify Poolside in advance and in writing of any non-standard Shipment, or the presence of goods in a Shipment that could have a special nature, be subject to specific legal, security, tax, or other regimes, or that requires special handling,
   5. if the data about the Shipment or the goods therein are incorrect, incomplete, or not provided in time, the Shipment will – if Poolside accepts it at all – be transported exclusively at the Customer's own risk and responsibility. In such a case, the Customer bears full responsibility for any damage, loss, or harm caused to themselves, Poolside, or third parties. Poolside bears no liability, and the Customer is not entitled to a refund of the price or any other form of reimbursement, compensation, or indemnity,
   6. is fully aware that the estimated transport times and delivery times provided by Poolside are for information and guidance only.
10. The Customer acknowledges that Article 3 of these GTC shall also apply mutatis mutandis to services related to logistics services.

4. SERVICES

1. Poolside's activity consists of brokering individual Services when arranging domestic and international transport and other logistics services through contractual of Carriers and/or Partners. The choice of specific Services or transport parameters, including the selection of the service type, transport route, delivery terms, and required additional services, belongs exclusively to the Customer and is made on the basis of an approved Order in accordance with the procedure under paragraph 4.2 of these GTC, in accordance with the concluded Agreement or based on other instructions from the Customer.
2. The provision of a Service by Poolside is subject to express approval by Poolside in the form of Order confirmation. Poolside is entitled to condition the approval of an Order, in particular, on the availability of capacities of contractual Carriers and/or Partners, the compliance of the requested Service with legal regulations, as well as the consistency of the data provided by the Customer with the actual transport conditions.
3. Services include, in particular, the provision of brokered transport, receipt and dispatch of Shipments to and from the warehouse, and handling of the Customer's Shipments, including air, sea, and combined transport services. These GTC apply to the provision of brokered transport of Shipments whose place of dispatch and/or delivery is located in the Czech Republic, within Europe, or on non-European continents.
4. The Customer has, within the Application environment, via the customer hotline, or the customer email address listed on the Poolside website (hereinafter referred to as “customer support”) the option to obtain information on the status of the transport and any changes resulting from facts arising on the part of Carriers, Partners, third parties, or as a result of other events beyond Poolside's control, in particular regarding delays, damage, loss of a Shipment, or other circumstances affecting the provision of Services. In the case of Customers with whom Poolside has concluded a Framework Agreement, Poolside will use reasonable efforts to inform such Customer individually if it becomes aware of the facts mentioned in the previous sentence.
5. The Customer undertakes to inform Poolside without undue delay of any facts that could affect the transport of Shipments and to communicate proactively with Poolside via customer support.
6. The Customer acknowledges and agrees that Poolside shall not be liable for the facts stated in paragraph 4.4 to an extent exceeding the liability of the relevant Carrier or Partner under applicable laws, international conventions, or standard business practices in domestic or international transport. Any claims by the Customer arising from such events are limited to the extent to which they can be asserted against the relevant Carriers or Partners in accordance with applicable Conventions, laws, or established practices.
7. The Services may also include other services provided by Poolside (hereinafter referred to as “Additional Services”), as agreed upon by the Parties. These GTC apply to Additional Services to the maximum extent possible.
8. Poolside shall accept Shipments for transport or other services related to transport and logistics only in accordance with these GTC and reserves the right to refuse to arrange Services and/or Additional Services at its discretion at any time, particularly if the Customer has not provided Poolside with the necessary information for the proper and timely provision of the selected Services and/or Additional Services.

5. Conclusion of the Contract

1. The Contract is concluded between Poolside and the Customer. The Contract may be concluded in writing, orally, or by conduct.
2. A Contract concluded orally or by conduct is considered concluded at the moment the Shipment is handed over and accepted by Poolside, or by the Carrier or Partner, respectively. A written record or other record captured by technical means shall be made of this fact for the purpose of proving the handover and acceptance of the Shipment.
3. The Contract may be concluded in writing via the Application, based on an Electronic order, a written offer of Services, or based on a Framework Agreement. The Contract is concluded at the moment the Service Order is confirmed by Poolside or upon written acceptance of the Service proposal by the Customer. The application of the relevant provisions of the Civil Code regarding the conclusion of contracts is not excluded hereby.

6. PROCEDURE FOR USING THE APPLICATION TO ARRANGE SERVICES

1. The Parties may agree that Poolside will provide the Customer with access to the Application, through which the Customer will be authorized to place new Service orders, as well as manage and track orders already placed.
2. Access to the application is provided on the Poolside website at https://app.poolside-logistics.com/login, based on the entry of the Customer's access credentials, which will be communicated to the Customer via electronic communication in accordance with the agreement under clause 6.1. After logging into the Application, the Customer has the option to set a new password within the Application environment.
3. The Service order shall be placed upon confirmation of the Order within the Application, provided that the information about the Order has been correctly and completely entered into the electronic form under the "New Order +" tab, in accordance with the procedure set out in clauses 6.4-6.8 of these GTC.
4. After placing a new order within the Application, the Customer shall complete an electronic form in which mandatory information about the new shipment and package is marked with a red asterisk.
   1. The Customer is required to provide the following information for a new shipment:

1. Recipient;
2. description of goods;

1. The Customer is required to provide the following information for each package in a new shipment:

1. package weight in kg;
2. package length in cm;
3. package width in cm;
4. package height in cm.

1. The Customer may optionally provide the following information about the new shipment:
   1. Optional shipment information:

1. reference;
2. request for additional shipment insurance in CZK;
3. email for shipment status notifications, which are available only for the UPS Carrier;

1. Optional package information for the new shipment:

1. customs value in CZK, EUR, GBP, or USD;
2. number of packages with the same configuration (Max up to 50 pcs).

1. Based on the information provided by the Customer, the Application automatically evaluates the shipment and offers the Customer a Service Proposal specifying the following parameters (hereinafter referred to as “Service Proposal”):
   1. selection of transport, or the Carrier or Partner;
   2. price of the Services;
   3. estimated transit time to the destination.
2. The Customer then has the option to (i) approve the Service Proposal, (ii) request a change to the Service Proposal, or (iii) reject the Service Proposal within the given transport parameters.
3. The contract is concluded via the Application. The Order is binding at the moment it is confirmed by Poolside.

7. TRANSIT TIME

1. Transit time estimates for delivery provided by Poolside are for informational and indicative purposes only. Poolside is not liable for any damages incurred by the Customer due to failure to meet these indicative times.
2. Poolside’s stated transit times do not include the day the Shipment is picked up by Poolside, delays caused by force majeure or circumstances arising from the operation of transport and logistics services of Partners, circumstances that Poolside could not prevent or foresee, time required for customs inspections, inspections by relevant state authorities, security checks, correction of incorrect customs documents, etc.

‍8. PRICE FOR SERVICES

1. The price for Services is stated in the price list, which is part of the Framework Agreement, or is specified for the given Services in the Electronic Order (hereinafter referred to as “Price List”). The price for Services may also be determined based on an agreement between the Parties. The Customer will receive a price offer for the Services before the Agreement is concluded.
2. The price for Services includes Fees, which may be invoiced to the Customer separately or as part of a consolidated statement of Services (hereinafter referred to as “Fees”). The amount of Fees may change during the provision of Services depending on the identification of Shipment Parameter Discrepancies and for reasons beyond Poolside's control (particularly force majeure). All Fees are borne by the Customer.
3. Prices in the Price List are stated exclusive of VAT.
4. The price for Services is determined based on the Shipment data provided by the Customer. The final price may vary depending on the actual Shipment parameters at the time of pickup or delivery and on the Fees. Poolside is not liable for any difference between the preliminary price estimate and the final invoiced price if such difference arises as a result of (hereinafter referred to as “Shipment Parameter Discrepancy”):
   1. incomplete, inaccurate, or misleading Shipment data provided by the Customer,
   2. inclusion of a Shipment or goods within a Shipment that are Prohibited Items,
   3. failure of the Recipient to accept the Shipment for reasons other than those attributable to Poolside,
   4. late delivery of Shipment data, or
   5. changes to Shipment parameters by the Customer that occurred after the order or Service offer was accepted.

In cases where a Shipment Parameter Discrepancy results in a reduction of the costs for providing the Services, the Customer is not entitled to any compensation, discount, partial refund, or credit note. In cases where a Shipment Parameter Discrepancy or other reasons not attributable to Poolside result in an increase in the costs of providing the Services and/or Fees, the Customer is obligated to pay all such additional costs, including any arrears, Fees, or other expenses incurred by Poolside (hereinafter referred to as “Additional Costs”). Additional Costs may be invoiced to the Customer by Poolside separately or as part of a consolidated statement. Poolside is not liable for any delays, cost increases, or other damages incurred by the Customer as a result of a Shipment Parameter Discrepancy or other circumstances beyond Poolside's control. This does not affect Poolside's right to demand payment for costs or damages incurred in connection with a breach of this paragraph 7.4.

1. The prices for Services are those set out in the Price List, which are valid and effective at the time the relevant Agreement is concluded. Poolside reserves the right to adjust the Price List from time to time without prior notice.
2. The Customer is not entitled to a discount on the price, including Fees; in particular, the Customer is not entitled to a refund of the price in the event that an order is not fulfilled for reasons other than those on the part of Poolside (in particular, but not exclusively, in the event of the Recipient failing to accept the shipment or due to force majeure).

9. PAYMENT FOR SERVICES

1. After performing the services, Poolside will issue an invoice to the Customer based on the concluded Contract. The invoice is payable within 30 days of its delivery to the Customer.
2. Invoices issued by Poolside will be sent to the Customer electronically in PDF format to the e-mail address provided by the Customer for these purposes, in accordance with Section 26 of Act No. 235/2004 Coll., on Value Added Tax, as amended. Documents sent in this manner meet all requirements set out in Section 26 and Section 29 of Act No. 235/2004 Coll., on Value Added Tax, as amended. The Customer is entitled to change this e-mail address but is obliged to inform Poolside of the change without delay. The day of delivery of the invoice is considered to be the day the issued invoice is sent to the Customer's e-mail address.
3. The price for individual orders is paid via bank transfer to the Poolside bank account stated on the issued invoice.
4. For late payment of an issued invoice, Poolside is entitled to contractual interest of 0.5% of the outstanding amount for each day of delay until full payment is made. Interest is payable based on an invoice issued by Poolside with a maturity of 21 days from delivery to the Customer.
5. Poolside reserves the right to hold any transported Shipment until it receives full payment for the provided Services properly and on time in accordance with the concluded Contract and these Terms and Conditions, or it may sell such a Shipment and use the proceeds from the sale to satisfy its claim in accordance with applicable local laws. Any remaining balance shall remain due.

10. SERVICE RESTRICTIONS AND CONDITIONS

1. Shipments must not contain items excluded from transport.
2. The Customer is responsible for the accuracy and completeness of the data entered in the Contract or filled out in the order, as well as for ensuring that all Shipments contain the relevant contact details of the Customer and the Recipient of the Shipment and that they are packed, marked, and labeled, their contents are described and classified, and they are accompanied by the relevant documentation (in each individual case), all as necessary to make them suitable for transport and to comply with the requirements set out in applicable legal regulations.
3. The Customer declares and warrants that the Shipment handed over for transport does not contain items excluded from transport and that it was prepared in secure premises by the Customer or their reliable employees or (if the Shipment is not handed over by the Customer themselves) by the party handing the Shipment over to Poolside, and was protected against unauthorized interference during storage and transport to Poolside. Poolside relies on this warranty when accepting any Shipment for the provision of Services under these Terms and Conditions.
4. Shipments containing perishable goods and goods sensitive to temperature fluctuations will be transported at the Customer's own risk. Poolside does not provide any special handling for these Shipments.
5. Poolside is not obligated to check whether any exemptions apply to a Shipment, unless required by law. However, if Poolside finds that any Shipment does not meet any of the established restrictions and conditions under these Terms and Conditions, in particular that the Shipment contains items excluded from transport, Poolside may refuse to arrange transport for the relevant Shipment, and if transport has already commenced, Poolside may suspend transport and hold the Shipment at the Customer's expense.
6. Unless prohibited by applicable law, Poolside, the Carrier, or a Partner involved in the transport of the Shipment is authorized, at its discretion, at any time, without prior notice, and without assuming liability, to open and inspect the contents of the Shipment to verify that the contents are not dangerous or incompatible with transport or the transport conditions of the selected Carrier and/or Partner, and/or that the Shipment is suitable for transport to the selected country, while following standard procedures and complying with applicable legal regulations, and furthermore:
   1. for the purpose of securing the contents of the Shipment,
   2. for the purpose of identifying the Recipient or another person authorized to handle the Shipment, if such information cannot be determined otherwise,
   3. for the purpose of preventing risks to persons or property,
   4. for the purpose of complying with legal provisions or official orders,
   5. For the purpose of determining whether a Shipment contains perishable goods and/or other items excluded from transport under the Terms and Conditions.

The Customer acknowledges and agrees that Poolside, the Carrier, and/or a Partner is authorized, in accordance with legal regulations, to inspect the contents of a Shipment using X-ray or other detection equipment.

The Customer waives any claims against Poolside for damage and/or delivery delays resulting from the opening, examination, and inspection of the Shipment. The Customer shall reimburse Poolside for costs and expenses incurred due to the opening of the Shipment.

1. In the case of domestic transport, Poolside, the Carrier, and/or a partner is entitled to open the Shipment if
   1. it cannot be delivered and at the same time cannot be returned, or it is not to be returned according to the Agreement,
   2. there is a reasonable suspicion that it contains Items excluded from transport, for which Poolside has not provided written consent for transport,
   3. it has been damaged, or there is a reasonable concern that damage could occur before the Shipment is delivered,
   4. it is necessary to comply with obligations imposed on Poolside by law.

The contents of a Shipment may be inspected upon opening only to the extent necessary to ensure the purpose of the opening. The Shipment shall be resealed by Poolside, the Carrier, or a Partner exclusively using their own specific tape bearing their logo. When opening a Shipment, Poolside shall proceed in a manner that ensures the protection of the Shipment's contents, facts protected by law, the secrecy of correspondence and postal secrecy, and the legitimate interests of Poolside, the Carrier, the Partner, and the Customer. A mere external repair of the packaging shall not be considered opening the Shipment.

If it is not possible to deliver the Shipment and it cannot be returned, or if it is not to be returned according to the Customer's instructions, Poolside is entitled to dispose of or sell the Shipment after 3 months from the date of receipt. The Customer shall reimburse Poolside for any costs and expenses incurred in connection with the disposal of the Shipment. When selling the Shipment, if possible, Poolside shall pay the Customer the proceeds from the sale after deducting storage and sales costs.

Poolside shall not reimburse the Customer for any costs or expenses incurred in connection with the destruction of the Shipment.

1. Poolside may also suspend transport if it cannot deliver the Shipment to the Recipient, if the Recipient refuses to accept the Shipment, if it is unable to deliver the Shipment due to an incorrect address being provided (after using all reasonable means to find the correct address), or if it discovers that the correct address is in a different country than the one stated on the Shipment, or if it cannot collect the amounts due from the Recipient upon delivery.
2. If Poolside is entitled to interrupt the transport of a Shipment, it is also entitled, at its own discretion, to return the Shipment to the Customer.
3. In the event that a Shipment does not meet any of the restrictions or conditions set out above, (i) the transport will be refused or suspended or the Shipment (or part thereof) will be returned by Poolside, and/or (iii) the Customer is obliged to pay Poolside any reasonable costs and expenses incurred by Poolside (including storage costs), compensate for any damage incurred by Poolside, pay the Fees, and indemnify Poolside against any other claims made against Poolside in connection with the above.
4. If the Customer hands over to Poolside, without its express written consent, a Shipment that does not comply with any of the restrictions and conditions stated above, the Customer shall bear all costs, damages, losses, and Fees associated therewith, and Poolside has the right to claim such associated costs, damages, losses, and Fees from the Customer if it has paid them on behalf of the Customer or if they were incurred as a result of the Customer's actions (regardless of whether the loss occurred as a result of or contributed to by said non-compliance and regardless of negligence, except for intentional acts or negligence, including intentional acts, of Poolside, its employees, contractors, or agents), and if Poolside suspends transport for reasons permitted by these T&Cs, the Customer is not entitled to a refund of the price of the Services (or any part thereof) that they have paid. Poolside is entitled to assert its claims in relation to said non-compliance.
5. In the event that the transport of a Shipment is suspended in accordance with these provisions, and Poolside is unable to receive instructions from the Customer regarding the handling of the shipment within a reasonable time or to identify the Customer or any other person with a right to the goods (after opening the shipment where necessary), Poolside shall have the right to destroy or sell the package or Shipment at its own discretion. The proceeds from such a sale shall first be used to cover any fees, costs, or expenses (including interest) owed in connection with the Shipment, or other amounts owed by the relevant Customer. The balance shall be paid to the Customer.

11. LIABILITY

1. Poolside's liability for loss of or damage to a Shipment is limited to the cost of repair or replacement of the lost or damaged goods, whichever is lower, unless (i) another legal obligation applies, or (ii) increased coverage (supplementary shipment insurance) offered by Poolside is applied, as permitted in the App. The Customer is required to provide proof of the value of the lost or damaged goods, and
   1. in the case of road transport, the liability limit is determined based on the CMR Convention,
   2. In the case of air transport, the liability limit is determined based on the Warsaw Convention,
   3. In the case of combined air and road transport, the maximum liability is set out in sections 11.1.1 or 11.1.2, depending on the mode of transport used at the time the loss or damage occurred.
2. Where the Warsaw Convention or the CMR Convention, or any national laws implementing these conventions, apply, or where (and to the extent that) other mandatory national laws apply, Poolside's liability shall be governed by and limited according to the applicable rules.
3. Where the rules of Conventions or other mandatory national laws do not apply as per the previous paragraph, Poolside shall only be liable for failure to act with reasonable care and skill, and its liability shall be governed exclusively by these GTC and (except in cases of injury or death) shall be limited to proven damages not exceeding the higher of the following amounts: (i) 2,386.00 CZK in local currency per shipment, or (ii) 8.33 SDR per kilogram of the affected goods. SDR is a unit of account established by the International Monetary Fund, and its current value is regularly published in major financial newspapers. As of the date of publication of these Terms, 8.33 SDR was approximately equivalent to 11.00 USD.
4. If the Customer has caused or contributed to the loss, damage, or delay of a Shipment, any liability that may arise for Poolside in this regard (subject to the limitations set out above) may be reduced or excluded in accordance with the relevant laws applicable to such contributory negligence.
5. Unless mandatory provisions of applicable law state otherwise, Poolside is not liable for loss of profit or indirect or consequential damages, including, but not limited to, purely economic losses, loss of business opportunity, loss of sales, or damage to reputation. Poolside is not liable for damage to or loss of any packaging.
6. The Customer shall report any loss and/or damage to a shipment, or any other alleged claim, to Poolside in writing and without undue delay from the moment they become aware of it. The handling of claims by Poolside is governed by the paragraphs of this Article 10 and, where applicable, by established industry practices for freight forwarding, such as the UPS Terms and Conditions of Carriage available here.
7. Poolside is not liable for damage resulting from improper packaging of the Shipment, incorrect data, failure to disclose all information about the Shipment, defects in the goods or their packaging, or the natural characteristics of the goods.
8. The Customer is responsible for ensuring compliance with all legal export and import requirements necessary for the order, particularly any special permits for the transport of animals or plants.

12. INDEMNIFICATION BY THE CUSTOMER

1. The Customer agrees to indemnify Poolside and hold it harmless against all liabilities, costs, expenses, damages, and losses (including, in particular, direct, indirect, or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs) that the Customer may suffer or incur in connection with:
   1. any act of negligence, negligent omission, or negligent misrepresentation by the Customer, the sender, or the Recipient, or their employees or agents,
   2. claims and demands of any nature due to loss or damage arising from the transport of Prohibited Items (provided that such transport of Prohibited Items was not accepted by Poolside or, if Prohibited Items were accepted for transport, the Customer breached their obligations, representations, or warranties regarding the transported goods under these GTC),
   3. claims and demands of any nature relating to the loss of or damage to a Shipment brought by the Recipient or any third party in excess of the limits of Poolside’s liability set out in the GTC,
   4. any claims brought or fines imposed by customs authorities, tax authorities, or other governmental or administrative bodies based on a breach of the Customer’s obligations, representations, or warranties,
   5. claims and demands brought by third parties due to the Customer’s lack of authority to enter into the Contract under these GTC,
   6. breach of any warranties or representations made by the Customer under these GTC,
   7. any inaccuracies or incorrect information provided to Poolside by the Customer concerning the Customer and/or the goods contained in the Shipment,
   8. if the Customer fails to provide prior correct written notice of any non-standard Shipment or any Shipment that will not be exported,
   9. any third-party claims against Poolside regarding the loss of or damage to goods, or in connection with any alteration of the goods resulting from interference with them.

13. MUTUAL SET-OFF AND ASSIGNMENT OF CONTRACT

1. The Customer is not entitled to unilaterally offset any of their claims against claims of Poolside, except for claims that have been determined as valid by a court or acknowledged as justified by Poolside.  
2. The Customer may not assign their rights and obligations arising from the Agreement to any third party or transfer the contractual relationship to a third party without the prior written consent of Poolside.

14. SERVICE DISRUPTION

1. If Poolside is unable to begin or continue providing Services due to reasons beyond its control, Poolside shall not be in breach of the Agreement between Poolside and the Customer; however, it will take all steps reasonably required under the circumstances to begin or continue the Services. Events beyond Poolside's control include, for example, disruptions to air or ground transport networks due to adverse weather, fire, flood, war, insurrection, civil unrest, actions taken by the government or other authorities (including, but not limited to, customs authorities), and labor disputes or obligations affecting Poolside or any other party.

15. CUSTOMS CLEARANCE

1. If a Shipment requires customs clearance, the Customer is obligated to provide Poolside with complete and accurate documentation for this purpose, or to ensure that the Recipient provides such documentation to Poolside. Unless Poolside receives other instructions, it will act at the expense and risk of the Customer or Recipient on their behalf during customs clearance. If the place of dispatch and the destination of the Shipment are within the same customs territory, Poolside will perform customs clearance only upon express instruction. The Customer also agrees that, to the extent permitted by applicable law, Poolside may be considered the Recipient of the Shipment, but only for the purpose of appointing a customs declarant to perform the customs clearance.

16. DATA PROTECTION

1. As the controller of personal data, Poolside processes the personal data of Customers and their representatives in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as the “GDPR”) and other applicable legal regulations. Detailed information regarding the scope, purposes, legal basis, and duration of personal data processing is provided in the Privacy Policy, which is available on the Poolside website.
2. The application, its graphical interface, source code, and all content located on the Poolside website (including texts, photographs, and illustrations) are protected by copyright and other intellectual property rights.
3. The Customer is not authorized to interfere with, modify, reverse engineer, decompile, copy, or otherwise exploit any part of the Poolside software, unless expressly permitted by law or by the written consent of Poolside.
4. The Customer agrees not to use any automated system or software (e.g., "screen scraping") to extract data from this website for commercial purposes. The use of any such system or software, whether operated by you or a third party, is prohibited.
5. The name "Poolside," the company logo, service names, and other elements of Poolside's visual identity may be registered trademarks or other designations within the meaning of applicable legal regulations. Any use thereof without the prior written consent of Poolside is prohibited.
6. The Customer agrees not to use the Poolside name, brand, or any other distinctive element for their own marketing purposes, public statements, or in connection with any activity that could damage the good name or reputation of Poolside without express consent. The Customer must also not create the impression that they are a partner or representative of Poolside, unless this is stipulated in the Framework Agreement or an express agreement between the Parties.
7. The Customer is responsible for ensuring that the information, designations, or other content they provide do not infringe upon the rights of third parties, particularly intellectual property rights and personality rights.‍

17. GOVERNING LAW

1. These Terms and Conditions shall be governed in all respects by the laws of the Czech Republic.

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