How to file a Complaint

Our goal is to be a conduit for flawless transportation service. When, in a very small percentage of cases, this does not happen, you will find our customer service team available to represent you in the proceedings against the Carrier.

We are on your side and ask you to follow this order for a faster and more efficient claim. The Grievance Procedure supplements the General Terms and Conditions of Spedizionecomoda.com and all terms in this Code of Grievance Procedure with a capital letter have the meaning given in Terms and Conditions.

A. General Conditions of Transportation

General Statements . It is agreed that at the time the Customer orders SPEDIZIONECOMODA.COM transportation services, the Customer expressly accepts on his behalf or on behalf of anyone else who enters into the contract of carriage, that these General Conditions of Carriage, together with the SPEDIZIONECOMODA.COM commercial quotation document, find full and unconditional application between the parties in relation to the carriage itself and this from the moment the shipment is accepted by SPEDIZIONECOMODA.COM. For what is expressed herein, SPEDIZIONECOMODA.COM is expressly authorized as of now by the Customer to make use of sub-carriers for the performance of transportation services and ancillary to these.
Customs formalities. If requested by the Customer, SPEDIZIONECOMODA.COM, upon receipt of the shipment, may perform all mandatory customs formalities, even using the services of a customs agent of its choice. In this regard, the Customer shall provide SPEDIZIONECOMODA.COM with all the necessary customs forms for the import and/or export of the goods duly filled out correctly, clearly, completely and corresponding to the truth, enclosing, where required by law, any document necessary for the execution of the customs operation.
Liability SPEDIZIONECOMODA.COM. Should SPEDIZIONECOMODA.COM, by reason of non-fulfilment of its obligations, be obliged – under this contract or under the law – to pay compensation for damages derived to the Customer and/or third parties entitled thereto, due to damage, destruction or removal of the goods, the following compensation parameters shall apply: (a) provided for in Article 1696 of the Civil Code as amended by D.Lgs 21/11/2005, n. 286 for transportation by land in the Italian territory ; (b) provided for by the Geneva Convention of May 19, 1956 (cd. CMR) implemented in Italy by Law n. 1621/1960, for transportation by land in the countries adhering to said Convention; (c) provided for by the COTIF (CIM) convention for transportation by rail. It is expressly agreed between SPEDIZIONECOMODA.COM and the Customer that SPEDIZIONECOMODA.COM shall not be liable for any indirect damages, (such as but not limited to: loss of earnings, loss of interest or damages resulting from delays in the execution of the transport). SPEDIZIONECOMODA.COM will make every effort in order to make the delivery of the shipment and goods contained therein according to the delivery terms indicated to the Customer, however, cannot be held responsible for the occurrence of any delays in the pickup, transportation delivery of any shipment. SPEDIZIONECOMODA.COM shall not be held liable for any loss, damage, misdelivery or non-delivery caused by chance or circumstances beyond its control.
LIMITS OF LIABILITY Liability for Transportation Services: International Carriage by Air: If the carriage of your shipment is wholly or partly by air and involves a final destination or transit stop in a country other than the country of departure, such carriage shall be fully subject to either the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No.4 (1975) or the Montreal Convention (1999), whichever is mandatorily applicable. These international treaties govern and limit our liability for damage, loss or delay occurring to your shipment during carriage to 19 Special Drawing Rights per kilogram.

Domestic transportation by air or road: if your shipment is being transported by land, within, to or from a country that is a signatory to the Convention on the Contract for the International Carriage of Goods by Road 1956 (CMR), our liability for loss or damage to your shipment will be governed by the CMR and therefore limited to 8

.

33 Special Drawing Rights per kilogram.

If your shipment is transported overland within a country that is not a signatory to the CMR or between two countries neither of which is a signatory to the CMR, our liability for loss or damage to your shipment will be governed by the CMR and therefore limited to 8.33 Special Drawing Rights per kilogram. Domestic transport by air or by road: if your shipment is transported by land or by air domestically, our liability for the risks of loss or damage to the products during transport, will be governed by Article 1696 of the Civil Code as amended by Legislative Decree 21.11.2005 No. 286, and therefore limited to €1.00 (one Euro) per kilogram of goods lost or damaged, unless otherwise agreed in writing between the Parties, as well as, for the part not governed therein, by the regulations of the Civil Code on the contract of carriage. civil Code on the contract of carriage.

EXCLUSIONS OF LIABILITY: SPEDIZIONECOMODA.COM shall not be liable for any loss of goodwill, profit, market, reputation, clientele, use, opportunity, even if it had knowledge that such damage or loss might have occurred, nor in any event for any indirect, incidental, special or consequential damage or loss caused, including, without limitation, in cases of contract termination, negligence, willful misconduct or default. It shall not be liable in the event that it fails to perform its obligations as a result of: circumstances beyond its control such as (with listing that is merely illustrative and not exhaustive) natural events including earthquakes, cyclones, storms, floods, fires, disease, fog, snow or frost; force majeure events including (with listing that is merely illustrative and not exhaustive) wars, accidents, terrorist acts, strikes, embargoes, dangers in the airspace, local disputes or popular uprisings; national or local upheavals in air or ground transportation networks and mechanical problems to modes of transportation or machinery; latent or inherent defects in the contents of the shipment; criminal acts of third parties such as theft, robbery and arson; acts or omissions attributable to you or third parties for which you are liable such as: disruptions (or claim by any other party claiming an interest in the shipment and resulting in your default) of your obligations under these terms and conditions and in particular the warranties set forth in Art. 12; an act or omission attributable to customs, security, airlines, airports or public officials; contents of the shipment consisting of items that are prohibited goods under the law or this contract, even where we have accepted the shipment in error; refusal by SPEDIZIONECOMODA.COM to make any illegal payment on your behalf. The only liabilities attributable to SPEDIZIONECOMODA.COM in connection with services rendered shall be those governed by these general conditions of carriage.
Time limit for the validity of the claim. The Customer and SPEDIZIONECOMODA.COM agree that any claim for loss, misdelivery, or damage to the goods must be made by the Customer in writing and sent to SPEDIZIONECOMODA.COM within: I) one (1) days from the date of delivery of the shipment , ex art. 1698 civil code, for transport by land in Italian territory; II) seven (7) days Sundays and holidays excluded ex CMR and/or COTIF (CIM) for international transport by land and/or rail between countries that adhere to said conventions. After the aforementioned deadline, SPEDIZIONECOMODA.COM shall not be held liable in any way. Finally, it remains agreed that claims are limited to one claim per shipment and that any settlement or settlement reached, shall be deemed full and final for any and all loss or damage relating to the claim itself.
Payment ofFees. Payment of IT invoices issued for transportation services shall be understood to be made by the customer on the terms set forth, in accordance with the conditions in the attached fee schedule sent by SPEDIZIONECOMODA.COM
Shipments not acceptable for transportation . In the absence of special written agreements, IT declares to the Customer that it considers unacceptable for carriage goods/shipments that are classifiable as hazardous materials or dangerous goods or goods whose carriage has been prohibited or restricted by ADR, IATA, ICAO, IMO, State Authorities. Any damage to persons or property resulting from entrusting SPEDIZIONECOMODA.COM with goods excluded from transport will always and in any case be borne by the Customer as the main responsible party in having contravened even covertly the indications provided by SPEDIZIONECOMODA.COM and the specific regulations.

B. Important Provisions

A claim may be filed provided that the shipper provides packaging for his package, complies with the terms and conditions for shipping the package, according to the General Terms and Conditions, if not satisfactorily packed, we reserve the right to refuse to file or handle the claim file, we recommend that you keep the How to Pack a Package manual.
Packages labeled “Fragile” are handled with the utmost care and attention by couriers, however, this does not increase the carrier’s liability for damage done during shipment. It is the shipper’s responsibility to pack the package appropriately for shipping conditions and in a manner that ensures that it cannot be damaged.
The shipper must use a package that is suitable for its contents. If the package is not damaged upon receipt but its packaging is inadequate, no claim for damage can be made. No damage can be claimed, for shipments packaged only with foil or plastic.
No claims will be accepted for damage done to enameled or painted surfaces (scratches, abrasions). In case of packing fragile contents (glass, porcelain, bottles, injections, infusions, etc.) a claim is admissible, only if the package is not damaged. The carrier accepts no responsibility, even if the contents of the package have been partially damaged (e.g., by spilling part of the contents of the shipment). In other words, pack fragile contents with due care. Damage due to negligence in packaging will not be reimbursed
Carriers assume liability only for actual direct damage. Therefore, it is not applicable to consequential damage. Liability for damages does not apply to “loss of profits.”
In the event of a violation of the Terms and Conditions, such as in the case of shipment of goods on the Prohibited Items List and inadequate packaging of the shipment resulting in damage to other shipments or property of the Supplier or Carrier, the Supplier reserves the right to have the Customer compensate for the damage caused.
No claim can be made for late pickup or delayed delivery. You cannot file a claim for a shipment if the recipient refuses to accept the package or because the recipient was not found at the recipient’s address.

C. Complaint Procedure

The complaint procedure is based on the General Terms and Conditions of the SpedizioneComoda.com service.
Complaints against a specific courier company are made exclusively by the customer (customer and payer) by writing an email to reclami@SpedizioneComoda.it. or using the Complaint form at www.SpedizioneComoda.com.
We will confirm receipt of the written complaint and ask for the necessary documentation, so that it can be processed. We will send the statement with the complaint acknowledgement to the customer’s email address.
Obvious violations or damage to the package may be reported at the time of delivery. The extent of damage or partial loss of the contents of the shipment, should be reported on the site in the Carrier Damage Registration form.
The damage report does not constitute a claim for damages
Claims for damage not evident at the time of delivery must be received within 3 working days of receipt of the package by the consignee, after which time the damage claim lapses.
In the event of a claim for a lost Shipment, the Customer must inform the supplier regarding the loss within 10 calendar days from the expected date of delivery, according to the price list in effect at the time.
Any other claim is subject to a forfeiture period of 30 days.
Claims for which we do not receive complete documentation within 10 business days of their submission will be discontinued and no longer claimable.
The claim will be resolved with the carrier as soon as possible but no later than 30 days after receipt of all necessary documents.
If the element for determining the value of the damaged or lost contents, is a foreign currency invoice, the amount will be converted according to the exchange rate published by the European Bank in effect on the first business day of the month in which the shipment was accepted for transportation.
Appeal against the rejected claim decision may be made upon written request and will be reviewed within 30 days

D. Documents needed to file a complaint

Damaged or partially lost shipment
1. 1. 1. Damage Claim Form completed by the Customer for Customer Service.
    2. Document of attachment to the Shipment (invoice, delivery note) showing the items and number of pieces damaged.
    3. Proof of the purchase price (purchase invoice or affidavit showing the calculation of production or purchase costs) without profit margin and without VAT, in case of damage, also attach the cost of repair or discounted selling price.
    4. Photographic documentation of the shipping container, wrapping, damaged contents and label.
    5. A copy of the Damage Report, if one was issued, and if it is confirmed that the package showed signs of external damage at the time of delivery.
    6. Service or person who performed the repair, if any, after the damage event or if the circumstances of the case require it.
Lost Shipment
1. 1. 1. Damage Claim Form completed by the Customer for Customer Service.
    2. Document of attachment to the Shipment (invoice, delivery note).
    3. Proof of purchase price (purchase invoice or affidavit showing the calculation of production or purchase costs) without profit margin and without VAT.
    4. In case the shipment was never entered into the Carrier’s system – a copy of the Shipment Receipt Confirmation issued by the carrier upon receipt.
    5. In the case of delivery of the package to the wrong address or non-delivery – by affidavit of the Recipient of the Delivery, in which the Recipient confirms by his signature that the shipment was not delivered to him. The affidavit must contain, in particular, the details of the Delivery Recipient (first name, last name, delivery address) and the number of the undelivered Shipment.

E. Acceptable Claims

The purchasing party, to whom the claim has been acknowledged, shall issue a Damage Invoice to the Supplier for the acknowledged claim amount.
The Customer (the Buyer) is the sole rightful owner of the shipment, so any compensation will be transferred to his or her bank account and the Supplier will be solely accountable to the customer in matters of claims.
In the event of a recognized claim for which the Customer has not provided proof of the purchase price, the carrier shall compensate a maximum value of 80% del commercial value, excluding VAT.