Terms and conditions of use Spedizionecomoda.com
General terms of the contract
Definitions used in this contract
Purpose of the site
The site “spedizionecomoda.com” allows you to ship documents, parcels, pallets, and garments with special characteristics (“non-standard shipping”) within the national territory, or to make shipments from Italy to abroad, through an effective interface and without the need to register with the site in advance.
Placement of order
Carrying out the order consists of four steps.
1) Order. The user enters in the online form the departure location in Italy, the shipping location (including country, if abroad), the type of shipment (parcel, pallet, or “non-standard”) the weight and dimensions (height, width, depth).
2) Summary. This step asks for a) sender’s first name, b) last name, c) email address, d) pickup date. An opportunity is also given to add an arbitrary number of items. You are asked to enter the pickup address (sender’s first and last name, location, pickup address, sender’s phone, additional notes). You are prompted to enter the shipping address (recipient’s full name, email, location, shipping address, recipient’s phone, additional notes), and finally to accept these terms and conditions.
A preview of all details entered is displayed below.
3) Payment. Payment information is requested: credit card number, expiration month and year, control code. First and last name of card holder (may be different from sender).
4) Order Confirmation. Once payment has been made the order is considered finalized and is taken over. This is when the contract is formally entered into.
5) The user receives to the indicated email box the shipping documents. They must be printed in three copies, one to be affixed to the goods to be shipped, one to be signed by the courier and retained as a receipt, and one to be given to the courier if requested. These documents may include the customs invoice where applicable. In the same communication, the user receives the order number by which they can track the shipment via the contact form within the website (indicating the order number) or by sending an email to firstname.lastname@example.org
Correctness of information provided and penalties
When the order is signed, the user is fully responsible for the data entered. In particular, he/she agrees to bear the additional costs where the shipment weight or dimensions exceed the declared values, to the extent that these are charged by the carrier to the forwarding agent, and for all additional storage, handling, warehousing costs related to the actual weight and dimensions in excess of those declared.
We therefore advise our users to enter weight and size values on the site, always considering them in excess, especially in the case of decimal values. The volumetric weight of the shipment is calculated by the spedizionecomoda.com site automatically, while the weight and dimensions of the packaging must always be included in the calculation of the reported weight and dimensions.
The user also bears the additional transport and logistical-administrative costs associated with the entry of incorrect data regarding the shipment, for example in relation to the destination and the recipient’s data, and to the extent that these additional costs are charged by the carrier to the forwarding agent.
Order revocation by the shipper
In order to fulfill the shipping mandate granted by the user as efficiently and quickly as possible, the order shall be deemed to be taken over at the time of purchase and at the same time that the shipping documents (containing in particular the order number) are sent by the shipper to the sender, and thus the contract shall be deemed to have been concluded at the same time.
However, the forwarder has the right to unilaterally revoke the mandate “for just cause,” i.e., in particular where, due to any supervening circumstance, he finds that he is unable to fulfill the assignment for the benefit of the agent in relation to the purpose of the mandate.
In such a case he shall promptly inform the agent, and, if possible, produce documentation regarding the impediment. The forwarder in the event of revocation of the order for cause shall not be liable to pay any damages for the benefit of the user, except for full reimbursement of the cost of the order already paid by the user.
Delivery time and delay
The user explicitly releases the shipper from liability for delay, including liability of an extra-contractual nature, except for a full refund of the order placed.
Where in accordance with Article 1457 of the Civil Code the deadline for delivery constitutes an essential character of the shipment, the user is obliged to explicitly notify the forwarder, in this case by means of the “Additional Notes” box in step 2) of the order submission.
The forwarder in this case may send the user notice of revocation of the mandate, which shall be deemed revoked for cause pursuant to Article 1727 of the Civil Code, if the agent finds that he is unable to fulfill the mandate by promptly notifying the user.
At the same time, the forwarder shall transfer to the user the total amount already paid for the order.
Order cancellation or modification
The user may cancel or modify the order before the goods have been delivered to the recipient (and therefore before the shipping service has been fulfilled).
In all cases of cancellation or modification of the order, the user is required to pay the associated charges: if the user intends to cancel the order and the cancellation occurs before the goods have been taken delivery of by the carrier, the user is required to reimburse the agent for the administrative charges; if the cancellation of the order occurs after the goods have been taken delivery of by the carrier it will be understood as a modification of the order, with return of the goods to the shipper, for which the user will be required to pay administrative charges, original shipment charges, and additional shipment return charges.
The administrative charges for cancellation or modification of the order are similar to those that are routinely charged to the user for the shipping order: the shipper agrees not to impose administrative charges related to the cancellation or modification of the order, which are greater than twice those normally charged to the user at the time of purchase of a shipping order (included in the total price of the shipment).
Shipment not picked up
The carrier will normally make up to three delivery attempts. After each failed delivery attempt, the shipper will request instructions from the user (i.e., make a form available to the user to submit their own instructions in the restricted area of the site) for the purpose of facilitating delivery of the goods by the carrier.
If all attempts to deliver the goods fail, the goods will be placed in storage for 5 working days at the nearest carrier’s contracted center, at the end of which time, if the goods are not picked up by the consignee or other person appointed by the user, the spedizionecomoda.com site reserves the right to send the goods back to the sender at the user’s expense, with charges for the costs of an equivalent order placed on the same spedizionecomoda.com, plus any related administrative costs (the same provisions expressed in the section “Cancellation or modification of the order” apply to the extent of such costs) or to place the goods in storage at a center at its discretion for a period of up to three months until such debt (including the above costs of storage) is settled by the user.
Where the carrier contracted by the agent provides for even partial reimbursement of transportation charges in the event of a shipment not being picked up or delivered late, such reimbursement will be notified to the user and subtracted from the cost of returning the goods, if any, incurred by the user.
The spedizionecomoda.com site allows international shipments to be sent. Where the type of goods sent involves customs clearance, it is the responsibility of the user to deliver all documentation for customs clearance of the goods to the spedizionecomoda.com site, and to the carrier at the time of collection.
You warrant that the documentation provided is complete, authentic, free of irregularities, accurately and truthfully reflects the contents of the shipment, is sufficient for customs clearance, and complies with applicable regulations.
You agree to the payment of any customs fee, customs amount, duty, warehouse amount, penalty, related to the customs clearance of the goods as a result of the requirements of the Competent Authority. It also assumes responsibility for providing at its own cost and expense, additional documentation that may be requested by the Competent Authority in the course in the process of customs clearance.
The user also assumes full civil and criminal liability where the information provided is incomplete, not accurately true to the contents of the shipment, false, if the documentation for customs clearance has any irregularities, or does not comply with applicable regulations.
The user explicitly agrees to indemnify and hold harmless, assuming all civil and criminal penalties related thereto, the site spedizionecomoda.com in each of these circumstances.
For the reference legislation on the regulation of international shipments see section “Reference Legislation”.
Packaging of goods
The goods must be packed following
I) the guidelines of the site spedizionecomoda.com
II) any instructions sent by the site at the time or at the same time as the order is signed
III) in a manner that complies with the following criteria:
1) packaging must be carried out so as to adequately protect the goods, in relation to the nature and material characteristics of the goods.
2) the packaging must allow handling by the carrier without hindrance, i.e. the goods must be fully contained in the relevant packaging and must not include moving parts or parts separated, even partially, from the packaging.
3) The packaging must prevent any damage to persons or property during all stages of transportation.
4) If the goods consist of several items, all items must be packed in a manner consistent with these characteristics.
5) If the user chooses the “pallet” type of shipment, all items of which the shipment consists must be stacked solidly on the pallet platform and packed together as a unit.
If the goods are not properly packed, even if accepted by the carrier at the time of pickup, the user may not avail himself of the refund. The determination of whether the packaging is correct is made by the carrier and the insurer, and principal and agent abide by their decision.
Prohibited goods and goods not covered by insurance
There are certain types of goods that spedizionecomoda.com will not accept for shipment under any circumstances (prohibited items) and others that, while they may be shipped through our service, are outside the scope of insurance coverage.
The complete list of prohibited items can be found on this page.
On the other hand, the complete list of items that, although they can be shipped, fall outside the insurance policy can be found on the Prohibited Items page.
Prohibited items are divided into two categories: those whose shipment is prohibited by law or needs special precautions to be implemented (e.g., weapons, animals, food) or those that are prohibited in reference to our service.
In both cases, the user who uses our shipping service acknowledges that he/she may incur criminal and civil penalties related to false declaration.
Where spedizionecomoda.com encounters a shipment of a prohibited merchandise of the second type, it will act as follows: if the carrier is licensed to transport the merchandise and the merchandise can be transported and delivered without prejudice, it will not stop the implementation of the service, but reserves the right to retaliate against the user for misrepresentation, will prohibit the user from the subsequent use of the website and the service offered by it, and will ask the user to pay the additional administrative costs.
On the other hand, with reference to the shipment of articles of the first type, in addition to the complaint for false declaration, the user will be obliged to indemnify spedizionecomoda.com for any penalties, criminal and civil damages (including moral damages) arising from and in connection with the shipment of prohibited articles (e.g. with reference to damage suffered by other physical or legal entities involved in the shipment).
Also in this case, the goods will not be shipped to their destination or returned to the sender, but placed in storage at the user’s expense pending instructions from the judicial authority.
Damage to goods and refund
Damage to the goods must be reported to the carrier upon receipt of the goods, as well as at the same time to the freight forwarder, i.e., if the goods were initially received without reservation, damage to the goods must be reported to the freight forwarder within 8 days from the date of receipt if the shipment was made domestically, in accordance with Art. 1698 Civil Code, within 7 days from the date of receipt if the shipment was made internationally by land (in accordance with the “Convention on the Contract for the International Carriage of Goods by Road,” CMR) and within 21 days from the date of receipt if the shipment was made internationally by air (in accordance with the “Warsaw Convention” or the “Montreal Convention”).
For the user to be eligible for reimbursement, the damage must be directly attributable to transportation, and goods and packaging must be made available to the carrier, freight forwarder, or insurer for inspection and appraisal. You may not avail yourself of reimbursement if the goods were not properly packed (see “packing of goods” section) even if the carrier took charge of the goods at the time of pickup.
The refund also includes goods that are lost or stolen.
The user is entitled to reimbursement in case of delay only if, at the time of ordering, the essentiality of the deadline has been communicated (i.e., the user has informed the spedizionecomoda.com site that he intends to ship the goods only if there is a guarantee that they will arrive by a certain date) and if the agent has not waived the mandate, resulting in the revocation of the contract, because of this clause and before the shipment has been taken over.
In case of late delivery, the liability of spedizionecomoda.com is limited only to reimbursement of the cost of the shipping service purchased on our site.
Reimbursement for shipments not covered by insurance
The amount of reimbursement for goods not covered by insurance varies depending on whether the shipment is domestic or international, and takes place by land or air (since the relevant regulations vary).
For domestic shipments, whether by land or air, reference is made to Article 10 of Legislative Decree No. 286 of November 21, 2005, which provides for the reimbursement of 1 euro for each kg of goods transported if damaged, lost or damaged.
If the shipment is international and takes place by air, the reimbursement for loss, damage or damage is set, in accordance with the Warsaw Convention, at a maximum of about 20 euros per kg.
If the shipment is international and takes place by land, reimbursement for loss or damage, on the other hand, is fixed, in accordance with the “Convention on the Contract for the International Carriage of Goods by Road” (CMR) at a maximum of about 10 euros per kg.
In all cases, the maximum refundable amount is 100 euros.
We recommend that you take out insurance coverage to protect goods shipped through our site that exceed these values.
Because reimbursement without insurance coverage is small for most shipments, it is recommended that you sign up for insurance coverage when you place your order.
Insurance coverage is not provided by default when the order is signed, nor is it automatically assigned when the order is taken, and must be explicitly selected or requested by the user.
In order for the user to be eligible for compensation, the damage must be directly attributable to transportation, and for this reason both the shipper and the consignee agree to make goods and packaging available for inspection or appraisal.
The criteria adopted for the regulation of insurance coverage are as follows:
1) The maximum amount of insurance coverage is set at €5,000.00
2) The user is required to insure the goods in relation to the actual market value, taking into account the fact that any damage compensation made by the insurer will not exceed the actual value of the goods at the time of shipment.
3) If the estimate is lower than the actual value, the damage is covered in proportion to the insured value of the goods (see Article 1907 of the Civil Code)
4) The policy, even if it has been taken out by the user, is not valid if the goods are on a) the list of “prohibited items,” b) the list of uninsurable items (if provided by the site) c) the list of “prohibited items in international shipments” if the shipment involves customs clearance of the goods, and d) the list of “prohibited items in airfreight shipments” if the shipment involves even one leg of airfreight, whether international or domestic.
5) Damage coverage shall be limited to the value of the goods or any part thereof but shall not include indirect or consequential damages resulting from damage, delay or loss of the goods shipped, or those resulting from your failure to perform your obligations and warranties due under this contract.
Compensation will be made either on the basis of the purchase invoice for the goods (if it was purchased at the same time as shipment or if the goods were picked up by the shipper within 30 days of the date of purchase) or on the basis of an appraisal of the value of the goods to be made at the expense of the user or the insurer. If the goods are not new, the compensation will be equivalent to the lesser amount between replacement and repair of the goods.
Disclaimers and other contractual provisions
1) SpedizioneComoda.com does not accept COD goods.
2) Given the lists of “prohibited items” (items whose shipment is prohibited in all cases) “items prohibited in international shipments” (items that can be shipped only to and from Italy), “items prohibited in airfreight shipments” (items that cannot be shipped on air carrier due to the provisions for that carrier) and “uninsurable items” if provided by the site (items for which an insurance policy cannot be taken out) the user/sender who contravenes these provisions does so at his/her own risk and assumes the associated civil and criminal liability: in each of the cases listed, the user shall indemnify the shipper against liability, loss and damage (including any legal fees) falling on the latter.
3) Pursuant to Sections 2755, 2761 and 2769 of the Civil Code, the forwarder shall have a lien on the goods for the collection of any debts that the user has contracted against it. The freight forwarder will avail itself of this right in cases where the goods cannot be delivered to the consignee (due to the consignee’s unavailability, or due to the occurrence of additional shipping costs required by the competent authority for the legal transportation of the goods that the user does not intend to bear) and if the user has not paid the costs of returning the goods (including storage costs) within three months of the notice of storage. After the expiration of three months, the freight forwarder shall make use of the right of lien on the goods limited to the coverage of the debt incurred by the user against him, with transfer of the remaining amount to the user, if the value of the goods exceeds the value of the debt owed to him (including storage costs), or he reserves the right to initiate ordinary court actions to protect his claim in the event that it exceeds the value of the goods.
4) Given that the agent (the spedizionecomoda.com site) is obliged to fulfill the shipping assignment given by the principal (the user of the site who purchases a shipping service offered by it) with diligence, following the principal’s instructions and keeping the latter informed of the status of the shipment, the agent is not directly responsible for the carrier’s service, even if it has been chosen unilaterally by the agent. Nonetheless, the spedizionecomoda.com site, in accordance with Article 1718 of the Civil Code, undertakes to protect the rights of the principal with respect to the carrier, including the right that the principal retains to take direct action against the carrier (as a substitute for the agent) in the event of damage, loss or damage attributable to the carrier.
5) The site spedizionecomoda.com is not responsible for delays, loss (including non-delivery) or damage to the goods that are caused by fortuitous and unforeseeable events, such as (the list is illustrative and not exhaustive) natural events (fires, snow, storms, earthquakes, etc.), force majeure (accidents, strikes, states of alert in airspace, terrorist attacks, etc.), upheavals in the national or international transportation network; criminal acts of third parties such as theft, robbery, arson; and any other unforeseeable or fortuitous causes outside the responsibility of the freight forwarder or his substitute, which may delay or prevent the performance of the service.
6) The spedizionecomoda.com site shall not be liable for acts or omissions of either the shipper (user of the spedizionecomoda.com site or those in his or her stead charged with the delivery of the goods to the carrier by the user) or the consignee, which are the cause of delay, loss or damage to the goods being shipped. Such acts include failure to fulfill the obligations that the user is required to observe, as outlined in this contract and as indicated by the site spedizionecomoda.com.
Specifically, the user is obligated to:
a) provide the shipper with complete and correct shipping information (including the existence of the consignee at the address provided and ascertaining that the consignee is able to receive the goods).
You must also ensure that:
b) the documents accompanying the shipment (also referred to as the “waybill”) where required, are complete, authentic, and formally and legally correct
c) the shipment has been packed in accordance with the provisions of this contract, and as indicated by the spedizionecomoda.com, and that both the packaging and the contents do not have any inherent defects that would affect its transportation;
d) the goods being shipped are not on the list of prohibited articles on our site (with reference to the scope of each) and do not contravene the provisions of the ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road) regulations, RID (International Carriage of Dangerous Goods by Rail), ADN (Carriage of Dangerous Goods by Inland Waterways), IMDG (International Maritime Dangerous Goods Code), ICAO (International Civil Aviation Organization) and IATA (International Air Transport Association) where applicable.
(e) where the shipment involves the carriage of personal data, all measures have been taken to ensure its security and confidentiality during transport.
7) With reference to Article 1419 of the Civil Code, the partial nullity of this contract (i.e., if any of the provisions herein are found not to be in compliance with applicable regulations) shall not affect the validity of the remaining provisions of this contract.
8) In the act of subscribing to one of our shipping services, you agree to hold spedizionecomoda.com, the carriers who took charge of the transportation, or other substitute agent, harmless from any claim that a third party interested in the shipment or the goods that are the subject of the shipment may make against spedizionecomoda.com, the carrier, or other party involved in the provision of the service. In the event that a third party interested in any capacity in the shipment, or in the goods that are the subject of it, files a complaint with the competent authorities, the user shall bear the costs for the protection of the shipper, the carrier, and other parties involved in the performance of the service.
9) In the act of subscribing to any of our shipping services, you agree to hold spedizionecomoda.com harmless from any civil and criminal liability, including legal fees and costs, in which spedizionecomoda.com may incur against any third party or against you, arising out of your (or a user’s proxy involved by you in one or more stages of shipping) breach of the provisions or warranties that you are required to comply with in accordance with the terms of this agreement.
10) The site spedizionecomoda.com is not liable for special, indirect or consequential damages (by way of example but not limited to: damages in the personal and professional sphere, such as loss of profit, reputation, investment, opportunity) arising from the performance of the shipping service and any other service provided through the site.
Copyright and copyright
This contract is governed by Italian law and for any dispute the established place of jurisdiction is Udine (Italy).
The reference legislation consists (by way of illustration) of articles 1683-1702 of the Civil Code (transportation of goods), Legislative Decree 286/2005 (with particular reference to art. 1696, regarding compensation and art. 15 para. 1 of Presidential Decree 633/72, where the exclusion of vat is inferred), arts. 1703-1730 (general provisions on the mandate), articles 1737 – 1741 on the contract of shipment, articles 1904-1932 (of insurance against damages), as well as articles 1321-1469 (of contracts in general, preliminary provisions), and articles 2755-2783 (of privileges over certain furniture).
In addition, for the regulation of liability in the case of international shipments, reference is made (in the case of carriage by air) to the “Warsaw Convention,” concluded in Warsaw on October 12, 1929, or to that Convention as amended or supplemented by subsequent conventions or additional protocols; and to the “Convention for the Unification of Certain Rules Relating to International Carriage by Air,” signed in Montreal on May 28, 1999.
In the case of transportation by land, reference is instead made to the “Convention on the Contract for the International Carriage of Goods by Road” (CMR), signed in Geneva on May 19, 1956 (also referred to as the “CMR Convention”).