GV LINE S.R.L. (hereinafter "GV LINE")
Terms and Conditions
Art. 1 Scope
1.1These General Terms and Conditions apply to all contracts for the carriage of goods, domestic and international, concluded with GV LINE, as well as to the ancillary services indicated in the quotation (customs, All Risk insurance, waiting time).
1.2By confirming the quotation, the Customer declares that it has read and accepted these Conditions. Any terms of the Customer apply only if accepted in writing by GV LINE. Special terms set out in the quotation prevail over these General Conditions.
Art. 2 Applicable law
2.1International carriage by road is governed by the Geneva Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road (CMR), as amended.
2.2Domestic carriage is governed by Articles 1678 et seq. of the Italian Civil Code and by Italian Legislative Decree no. 286 of 21 November 2005.
2.3For any matter not governed by the CMR, Italian law applies.
2.4The Court of Milan has exclusive jurisdiction over any dispute relating to the contract.
Art. 3 Quotation, conclusion of the contract, price and payment
3.1The Customer requests a quotation by providing: company name, registered office and VAT number; place, date and time of collection; place, date and time of delivery; number, dimensions and weight of the packages; nature of the goods; any special requirements (dangerous goods under ADR with class and UN number, tail lift, fixed time slots, restricted access, customs formalities).
3.2The price is calculated by GV LINE for each individual order, unless written tariff agreements exist with the Customer. The quotation indicates the vehicle planned, the price, the agreed delivery time for the purposes of the On-Time Delivery Guarantee (Art. 8) and the ancillary services included.
3.3The contract is concluded upon the Customer's written confirmation of the quotation (by email or signature) and GV LINE's order confirmation.
3.4Unless otherwise agreed in writing, Customers without approved credit terms pay the price before delivery of the goods. In the event of non-payment, GV LINE may retain the goods until payment in full, pursuant to Article 2761 of the Italian Civil Code, and charge the Customer for storage and custody costs.
3.5For Customers with credit terms approved by GV LINE, an invoice is issued at the end of the month for all shipments of that month and is payable within 30 days of receipt, unless otherwise agreed in writing. In the event of late payment, interest applies pursuant to Italian Legislative Decree no. 231 of 9 October 2002.
3.6Costs not included in the quotation and caused by acts of the Customer or the consignee (waiting time beyond that included in the quotation, changes of destination, second deliveries, customs holds, extraordinary tolls) are invoiced separately on the same terms.
Art. 4 Sub-contracting
4.1GV LINE may entrust performance of the carriage to third-party carriers, selected according to the time and place requirements of each shipment and holding the legal requirements, and remains liable to the Customer for performance of the contract and for the On-Time Delivery Guarantee.
Art. 5 Liability and insurance
5.1GV LINE is liable for loss of or damage to the goods from collection until delivery within the limits set by law: for international carriage, 8.33 Special Drawing Rights per kilogram of gross weight lost or damaged (Art. 23 CMR); for domestic carriage, EUR 1 per kilogram of gross weight (Art. 10 of Italian Legislative Decree 286/2005), except in cases of wilful misconduct or gross negligence.
5.2Before confirming the quotation, the Customer may request an All Risk policy covering the full value of the goods. GV LINE quotes its cost in the quotation; an invoice or declaration of value and photographs of the packaging are required. If no request is made, the goods travel covered only within the limits of Art. 5.1.
5.3GV LINE is not liable for indirect or consequential damage (production downtime, loss of profit, penalties owed to third parties).
5.4Reservations for loss or damage must be noted on the transport document at the time of delivery and confirmed in writing to GV LINE within the time limits of Art. 30 CMR (7 days for damage not apparent) or of Article 1698 of the Italian Civil Code for domestic carriage (8 days for damage not recognisable at delivery). Apparent loss or damage not noted on the carrier's copy of the transport document at the time of delivery will not be recognised.
Art. 6 Collection, delivery and Customer's obligations
6.1Collection and delivery take place at the places and times communicated by the Customer when confirming the quotation. GV LINE is not liable for the consequences of different instructions given to the driver on site or stated in the transport documents.
6.2The Customer warrants that the goods are ready, packed and capable of being safely secured at the agreed collection time, together with the documents required for carriage (transport document or CMR consignment note; invoice or pro forma invoice with value, customs codes and EORI number for non-EU destinations; ADR documentation where required). GV LINE does not provide packing services.
6.3The Customer warrants the accuracy of the declared weight, dimensions, number of packages and nature of the goods. Dangerous goods (ADR) must be declared in the quotation request with class and UN number.
6.4Loading and unloading are the responsibility of the shipper and the consignee. The driver assists with operations on board the vehicle but does not perform handling or deliveries to upper floors. Where no lifting equipment is available, a van with tail lift and pallet truck must be requested at the quotation stage.
6.5The Customer warrants that the collection and delivery places are accessible to the vehicle indicated in the quotation and gives advance notice of restricted access, limited traffic zones, trade fairs, port, airport or military areas requiring badges or booking.
6.6Waiting time at collection and delivery beyond that included in the quotation, caused by acts of the Customer or the consignee, is invoiced at the hourly rate stated in the quotation and postpones the Agreed Time by a period equal to the waiting time, or longer in the case of vehicles subject to driving and rest time rules.
Art. 7 Weight and size limits
7.1The vehicle sent for collection will be the most suitable for the goods indicated by the Customer at the time of confirming the quotation. If, at collection, the goods exceed the declared weight or dimensions, GV LINE may, at its option: (a) perform the carriage with a suitable vehicle, if available, charging the price difference; (b) withdraw from the contract and cancel the load, charging the Customer a penalty of EUR 800.00 as a lump-sum reimbursement of the costs of organising the journey, without prejudice to any further damages.
Art. 8 On-Time Delivery Guarantee
8.1 Subject
For carriage performed with a dedicated express van and for the Air Express service, GV LINE guarantees delivery by the term agreed and stated in the order confirmation (the "Agreed Time"). The Agreed Time consists of: a) a delivery time, for vehicles not subject to the tachograph requirement (maximum authorised mass of 2.5 tonnes or less) and for the Air Express service; b) a delivery day, for vehicles subject to the tachograph requirement (maximum authorised mass above 2.5 tonnes and up to 3.5 tonnes). Delivery is considered late if the vehicle or the shipment arrives at the place of destination after the agreed time or, in the case under letter b), after the end of the agreed day, in both cases plus any tolerance expressly stated in the order confirmation. In the event of a late delivery, GV LINE will refund the Customer the full price of the carriage.
8.2 Excluded services
The Guarantee does not apply to carriage performed with high-volume truck-and-trailer combinations, to shipments for which the quotation indicates an indicative delivery window rather than an Agreed Time, and to any service other than those listed above.
8.3 Amount of the refund
The refund is equal to the price of the carriage stated in the quotation, excluding VAT. Ancillary services invoiced separately (excess waiting time, customs formalities, All Risk policy, extraordinary tolls) and any costs caused by acts of the Customer remain payable. The refund is made by credit note or bank transfer within 30 days of acceptance of the claim. The refund settles every claim of the Customer for the delay: indirect or consequential damage, production downtime, loss of profit and penalties owed to third parties are excluded. Customers wishing to cover such damage do so through their own insurance.
8.4 Exclusions
The Guarantee does not apply where the delay is caused, in whole or in part, by any of the following:
- force majeure: natural disasters, earthquakes, floods, landslides, fires, snow or ice with mandatory chains or traffic bans, exceptional weather events, epidemics, pandemics, quarantines and health restrictions, war, terrorist attacks, riots, vandalism, theft or robbery of the vehicle, interruption of fuel or energy supplies, failures of third-party IT or telecommunication systems;
- road conditions: heavy or unusual traffic, road accidents including those involving third parties, queues, closures and restrictions of roads, motorways, bridges, passes and tunnels, roadworks not announced at departure, diversions, roadblocks, demonstrations, marches, hauliers' blockades, traffic bans or orders issued after departure (anti-smog bans, restrictions on heavy vehicles, limited traffic zones), cancellations or delays of ferries, shuttle trains and flights, closure of ports and airports;
- authorities and customs: checks by police, vehicle licensing authorities or the tax police, health, veterinary or phytosanitary checks, customs operations and checks, closure or reinstatement of border controls, detention or seizure of the vehicle or the goods for reasons not attributable to GV LINE;
- strikes, lockouts and industrial action, including by third parties (customs, ports, airports, motorway operators, fuel distributors);
- vehicle and driver: breakdown, failure or puncture of the vehicle, road accident even without fault of the driver, sudden illness, injury or indisposition of the driver, medical checks or examinations concerning the driver;
- acts of the Customer or the consignee: goods not ready at the collection time; waiting time at loading or unloading beyond that included in the quotation (Art. 6.6); goods differing from what was declared in weight, dimensions, number of packages, packaging or nature, including undeclared ADR goods; missing, incomplete or incorrect documents; incorrect or incomplete addresses, opening hours, references or contacts; consignee absent, closed, refusing the goods, without unloading equipment or delaying unloading; access not passable by the vehicle or not notified (Art. 6.5); changes to instructions after departure (new address, new time, additional stops, waiting requested by the Customer);
- driving and rest times: where one of the above causes delays the journey and meeting the Agreed Time would require breaching the rules on drivers' driving and rest times;
- any other cause not attributable to GV LINE which GV LINE could not reasonably foresee at departure or avoid with ordinary diligence.
8.5 Obligations of GV LINE
GV LINE may rely on the exclusions under Art. 8.4 only if:
- it has informed the Customer, by telephone or email, without undue delay and in any case at the first reasonably practicable moment, taking into account the time at which the event occurred, the Customer's normal availability and the actual circumstances, communicating, as far as possible, the cause of the delay, the new estimated time of arrival and any subsequent updates in case of changes;
- where the cause of the delay is a breakdown, failure or accident, or the unavailability of the vehicle or the driver, it has taken the reasonable measures practically available to limit the delay, considering, where available and compatible with the circumstances, the use of a replacement vehicle and/or driver in order to complete the delivery in the shortest reasonably possible time.
Any delay in, or impossibility of, communicating with the Customer does not in itself cause the loss of the exclusions under Art. 8.4, provided that GV LINE has in any case informed the Customer at the first reasonably practicable moment.
8.6 Conditions
The Guarantee applies if the Customer has fulfilled its obligations under Art. 6 and the goods have been handed over to the vehicle at the agreed collection time. If collection is delayed due to the Customer, the Agreed Time is postponed by a period equal to the collection delay, or longer in the case of vehicles subject to driving and rest time rules.
8.7 Changes
GV LINE may amend or suspend the Guarantee for future orders; each shipment is governed by the version in force on the date of the order confirmation.
Art. 9 Excluded goods
9.1GV LINE does not carry: cash, securities, precious items and valuables; weapons and ammunition; live animals; perishable or temperature-controlled goods; waste; illegal goods or goods subject to restrictions not disclosed.
9.2If, at collection, the goods fall within one of the excluded categories, GV LINE may refuse the load and apply the penalty under Art. 7.1(b).
Art. 10 Cancellation and changes to the order
10.1The Customer may cancel the order in writing. In the event of cancellation, GV LINE charges, as a percentage of the price of the carriage: no charge if the cancellation is notified at least 24 hours before the agreed collection time; 25% if notified less than 24 hours and at least 8 hours before; 50% if notified less than 8 hours and at least 3 hours before; 100% if notified less than 3 hours before or once the vehicle is already en route or at the collection place. For the Air Express service, once GV LINE has issued the ticket or confirmed the flight booking, cancellation entails in any case a charge of 100% of the price, regardless of the notice given.
10.2Changes to places, times or goods after the order confirmation are subject to acceptance by GV LINE and may entail a revision of the price and of the Agreed Time.
Art. 11 Processing of personal data (privacy notice)
Data controller: GV LINE S.R.L., with registered office at Via Cairoli 3, 62010 Mogliano (MC), Italy, VAT no. / Tax code IT02162240432, certified email (PEC) gvlinesrl@pec.it, email commerciale@gvlinespedizioni.com.
Purposes and legal basis: the personal data of Customers and their contact persons (name, role, email, telephone, invoicing details, collection and delivery addresses) are processed exclusively for the management of the contractual relationship, the performance of the transport services, invoicing and compliance with legal and tax obligations, pursuant to Article 6(1)(b) and (c) of Regulation (EU) 2016/679.
Methods: processing is carried out by electronic and paper means, in compliance with the principles of lawfulness, fairness and transparency and with appropriate security measures.
Disclosure and transfer: the data may be disclosed to carriers and sub-contractors, customs brokers, insurance companies, providers of IT, tracking and accounting services, exclusively for the purposes indicated. The data may be transferred to other Member States of the European Union; in the event of transfer to third countries (for example for deliveries to the United Kingdom, Switzerland or Norway) the transfer takes place in compliance with Articles 44 et seq. of the GDPR and with appropriate safeguards.
Retention: the data are retained for the duration of the contractual relationship and, thereafter, for the period necessary to comply with legal and tax obligations (as a rule 10 years for accounting documents).
Rights of the data subject: the data subject may at any time exercise the rights under Articles 15 to 22 of the GDPR (access, rectification, erasure, restriction, objection, portability) by writing to the Controller at commerciale@gvlinespedizioni.com.
Complaints: the data subject has the right to lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali, www.garanteprivacy.it). The full Privacy Policy may be requested by writing to commerciale@gvlinespedizioni.com.
Art. 12 Final provisions
12.1GV LINE may update these Conditions; the version in force is the one attached to the quotation or communicated to the Customer and applies to orders confirmed after such communication.
12.2The invalidity of any clause does not affect the validity of the others.
12.3These Conditions are drafted in Italian; this English version is provided for convenience only and, in the event of any discrepancy, the Italian text prevails.