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SERVICE TERMS AND CONDITIONS


 

THE DELIVERY

The delivery of goods shall take place at the home address designated by the sender, except in the recipient's absence or because it's impossible to deliver due to the weight, volume or building's nature. In this case, and with previous notice, such delivery shall take place at the front door or at the service center of destination. In the absence of the recipient, we will leave a delivery attempt notification, as well as a way to agree another delivery attempt. The charge for this is established in the current rates. Recipient's absence; home address change; unknown address; name, telephone and e-mail absence; unpaid shipping charges; expenses and reimburses; holiday closure; past due deliveries on second delivery attempts; and fortuitous events, force majeure or other causes not attributable to the Company, shall not be considered failures to comply with delivery dates. In order to proceed with the delivery of the goods, the signature of the delivery note by the recipient shall be a necessary requirement. If the recipient refuses to sign the delivery note, the Company shall not be held liable for any responsibility. Deliveries to PO box shall not be made.

DELIVERY DAYS

The provision of services shall take place on working days and from Monday to Friday, except the complementary delivery service on Saturday. Holidays of the destination place shall be excluded from the hired service temporal computation. Contractually agreed due dates of the prepaid deliveries shall be without prejudice to delays that may occur due to force majeure or fortuitous cases (rough weather, snow, roadblocks, strikes, procedures or other actions of Administration and/or Customs, air and/or maritime companies delays, etc.).

EXCLUDED GOODS

Goods which don't comply with the general cargo regime due to their nature or adaptation shall not be admitted for transportation. The delivery of shipments which content is contrary to the law, morality or public order is prohibited and the Customer shall be held liable of the corresponding liabilities, being the Company totally exonerated from them. Goods which transportation is subject to special regulations such as weapons and ammunition, live animals, funds or effects, cash, jewelry, hazardous goods and perishable goods, among others, are expressly excluded. The sender shall be the sole liable of consequences arising from this transportation.

SECURITY RULES

In relation to security rules in shipment transportation by land or air, the Customer shall declare and guarantee: a) the shipment has been prepared in secure premises; b) the staff in charge of the shipment preparation can be trusted completely; c) protects the shipment against unauthorized intervention acts

during its preparation, storage and transportation immediately prior to delivery to the Company; d) the shipment does not contain prohibited items included in the version in force of the ICAO 4.1 standard in annex 17, and sections IV and V of the Appendix to Regulation (EC) 2320/2002; e) accepts the shipment may be retained, undergo controls and its content may be examined for security reasons, which may include inspections by X-rays or other technical measures.

CORRECT PACKAGING

The Company shall, at anytime, reserve the right to accept a shipment if it deems its content anomalous, the circumstances of the order strange or if the packaging of the packages is deteriorated or is insufficient. In case of refusal by the Company and insistence by the sender, if the shipment is made, the Company shall have no liability for damage to goods or damages that may occur, indicating the corresponding reserve in the document which certifies the receipt of goods for transportation. Damage or deterioration undergone by the packages or its content; delay suffered in delivery; damages arose from all this by accident, fortuitous case, force majeure, nature or vice of the package; and also in the event the packaging of the packages is insufficient or in poor conditions, will be at the risk of the Customer, without option to claim against the Company which provides the service

WEIGHTS AND MEASURES

The maximum weight per package is 50 kg. The maximum measures per package are 300 cm, as the result of adding the three sides of the package (length + width + height). The theoretical weight of the shipment will be billed if it exceeds the actual weight. To determine the theoretical weight, multiply each side in meters (length x width x height) and multiply the result by the cubic meter volumetric coefficient depending on the type of traffic: Land 250, Air 167 and Maritime 333.

TRANSPORTATION LIABILITIES

The maximum liability of the Company for the loss, misplace, deterioration, larceny or theft of the goods shall be established in accordance with the liability required by the Law on Land Transport Regulations 15/2009 (LOTT), compensating the customer in case of accident due to causes attributable to the Company, with 1/3 of IPREM/day per damaged kg. If the value of the shipment exceeds the liability, the Company offers the possibility to expand it (conditions are available to the Customer at the premises of the Company).

The Company shall not be held liable for indirect, consequential or incidental damage (including damage for lost profit, loss of revenue or profits, business interruption, loss of business information and similar) arising out of loss, damage, delay, wrong delivery or non-delivery of the shipment, even if the possibility of such damage had been informed to the Company.

In all matters not expressly provided, the rules contained in the Law on Land Transport Regulations 15/2009 (LOTT) shall apply.

INTERNATIONAL SERVICE CONDITIONS

All goods with an abroad destination are subject to the conditions and liabilities under International Legislation on Air Freight Traffic (Warsaw Convention of October 1929, with the modifications by Hague Protocol on September 28th 1995). The maximum liability for air freight shall be 17.00 SDR (Special Drawing Rights). The Contract for the International Carriage of Goods by Road is regulated by the CMR Convention, signed at Geneva on May 19th 1956 and ratified by Spain in 1974. The maximum liability for transportation shall be 8.33 SDR.

LIABILITY EXPANSION

With an increase of 8% on the value of the prepaid deliveries (minimum 2.50 €), we offer you the possibility of expanding the liabilities established by the Law on Land Transport Regulations 15/2009 (LOTT) for damage, loss and/or deterioration which goods may undergo during its transportation up to 16.0 €/kg transported and up to a maximum of 1,200.00 € per expedition. Consult other conditions at your ENVIALIA service center.

CLAIM DEADLINES

In accordance with the provisions on 366 and 952.2º of the Commercial Code, within the 7 following calendar days of receipt of the goods, a complaint against the Company for their damage or deterioration may be submitted, unless the damage was evident at the time of the acceptance of these, in which case the claim shall be admitted only in the act of receipt by notation on the delivery note. Once such terms have elapsed, or the freight costs have been paid, no claims to the Company shall be admitted regarding the condition in which the goods were delivered. After the formalization of the claim within the described deadlines, actions arising from the contract of transport shall prescribe after a year (art. 952.2)

JURISDICTION AND APPLICABLE LAW

For all incidents and actions that may arise from the interpretation or execution of this document, the parties expressly waive any privilege that may apply, submit expressly to the courts of the place where service with the Company was hired, except those pacts reached under express submission of the parties to the ruling of the corresponding Transportation Arbitration Board.

PDPA

The Customer accepts and authorizes the Company, under the terms required and the limits established in the Personal Data Protection Act 15/1999 (PDPA) and development regulations, so that your identification data is communicated and integrated into a database in order to perform the management and monitoring of the entrusted shipments. The Customer also authorizes the Company to conduct information campaigns on improving and expanding services. In case you wish not to receive any information on services, as well to exercise the rights of access, cancellation or rectification, please contact the Company with which you contracted the service, or send your request via e-mail to our e-mail address.