- Submitting a Complaint

How to Forward a Complaint

Our aim is to act as a conduit for a perfect transport service. When, in a very small percentage of cases, this does not happen, you will find our customer care available to represent you in proceedings against the Transporter. 

We are on your side and ask you to follow this order for a quicker and more efficient complaint. La Complaint Procedure integrates the General Terms and Conditions by Spedizionecomoda.com and all terms in this Code of Claims Procedure with a capital letter have the meaning given in the Terms and Conditions.

A. General Conditions of Carriage

  • CDigeneral clarifications. It is agreed that when the Customer orders transport services SPEDIZIONECOMODA.COM, he/she expressly accepts on his/her behalf or on behalf of anyone else who enters into the transport contract, that the present General Conditions of Transport, together with the document relating to the commercial quotation SPEDIZIONECOMODA.COM, are fully and unconditionally applicable between the parties in relation to the transport itself and this from the moment the parcel shipment is accepted by SPEDIZIONECOMODA.COM. For what is expressed herein, SPEDIZIONECOMODA.COM is expressly authorised as of now by the Customer to make use of sub-carriers for the performance of transport and ancillary services.
  • Customs formalities. If requested by the Customer, SPEDIZIONECOMODA.COM, upon receipt of the shipment, may carry out all the compulsory customs formalities, also using the services of a customs agent of its choice. In this sense, the Customer shall provide SPEDIZIONECOMODA.COM with all the necessary customs forms for the import and/or export of the goods, duly filled in 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 be obliged - on the basis of this contract or on the basis of the law - to compensate the Customer and/or third parties entitled to compensation for damages resulting from damage, destruction or removal of the goods due to non-fulfilment of its obligations, the following compensation parameters shall apply: (a) provided for by article 1696 of the Civil Code as amended by Legislative Decree 21/11/2005, no. 286 for transport by land on Italian territory; (b) provided for by the Geneva Convention of 19 May 1956 (known as CMR) acknowledged in Italy by Law no. 1621/1960.(a) provided for by article 1696 of the Civil Code as amended by Legislative Decree no. 286 of 21/11/2005 for transport by land in Italian territory; (b) provided for by the Geneva Convention of 19 May 1956 (CMR) implemented in Italy by Law no. 1621/1960, for transport by land in the countries that adhere to said Convention; (c) provided for by the COTIF (CIM) Convention for transport 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, for example: loss of profit, loss of interest or damages deriving from delays in the performance of the carriage). SPEDIZIONECOMODA.COM will use its best efforts to deliver the shipment and the goods contained therein according to the delivery terms indicated to the Customer, however it cannot be held liable for the occurrence of any delays in the collection, transportation or delivery of any shipment. SPEDIZIONECOMODA.COM shall not be held liable for any loss, damage, wrong or non-delivery caused by chance or circumstances beyond its control.

    LIMITS OF LIABILITY Liability for transport services: International transport by air: If the carriage of your shipment is wholly or partly performed by air and involves a final destination or transit stop in a country other than the country of departure, such carriage will be fully subject to either the Warsaw Convention (1929), the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975) or the Montreal Convention (1999), whichever is mandatory. These international treaties govern and limit our liability for damage, loss or delay occurring to your shipment in transit to 19 Special Drawing Rights per kilogram.

    Tdomestic transport by air or road: if your shipment is transported by land, within, into or from a country that is a signatory to the Convention on the Contract for the International Shipping of Goods by Road 1956 (CMR), our liability for loss of 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 of 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 road: if your shipment is transported by land or by air within a national territory, our liability for the risks of loss of or damage to the products during transport shall be governed by Article 1696 of the Civil Code as amended by Legislative Decree No. 286 of 21.11.2005, and therefore limited to €1.00 (one Euro) per kilogram of lost or damaged goods, unless otherwise agreed in writing between the Parties, as well as, for the part not governed therein, by the Civil Code regulations on the contract of carriage.

    EXCLUSIONS OF LIABILITY: SPEDIZIONECOMODA.COM shall not be liable for any loss of goodwill, loss of profits, loss of market, loss of reputation, loss of customers, loss of use, loss of opportunity, even if it has been advised of the possibility of such damages or loss, or for any indirect, incidental, special or consequential damages or losses, including without limitation, breach of contract, negligence, wilful 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 (but not limited to) natural events including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; force majeure events including (but not limited to) wars, accidents, terrorist acts, strikes, embargoes, dangers in the airspace, local disputes or popular uprisings national or local disruptions in air or ground transportation networks and mechanical problems with 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 responsible such as any breach (or claim by any other party claiming an interest in the shipment which results in your failure to perform) of your obligations under these terms and conditions and in particular the warranties set out in clause 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 if we have accepted the shipment in error; refusal by SPEDIZIONECOMODA.COM to make any illegal payment on your behalf. The only responsibilities attributable to SPEDIZIONECOMODA.COM in relation to the services rendered shall be those governed by these general conditions of carriage.

  • Time limit for the validity of the complaint. The Customer and SPEDIZIONECOMODA.COM agree that any claim for loss, wrong delivery, damage or damage to the goods must be made by the Customer in writing and sent to SPEDIZIONECOMODA.COM within: I) eight (8) days from the date of delivery of the shipment itself, pursuant to art. 1698 of the Italian civil code, for transport by land on Italian territory; II) seven (7) days on Sundays and public holidays, excluding CMR and/or COTIF (CIM) for international transport by land and/or rail between countries which adhere to said conventions. Once the aforementioned time limit has elapsed, SPEDIZIONECOMODA.COM shall not be held liable in any way. Finally, it is agreed that claims are limited to one claim per shipment and that any settlement or settlement reached shall be considered full and final for any and all loss or damage relating to the claim.
  • Pation of fees. Payment of the IT invoices issued for transport services is understood to be made by the customer within the agreed terms, according to the conditions set out in the attached schedule of rates sent by SPEDIZIONECOMODA.COM
  • Sexpeditions not acceptable for transport. 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 things deriving from entrusting SPEDIZIONECOMODA.COM with goods excluded from transport will always and in any case be borne by the Customer as being primarily responsible for having contravened, even covertly, the instructions provided by SPEDIZIONECOMODA.COM and the specific regulations.

B. Important Provisions

  • A complaint may be lodged on condition that the sender provides packaging for his parcel, complies with the General Terms and Conditions, if not satisfactorily packaged, we reserve the right to refuse to forward or handle the complaint, we recommend keeping the manual on how to send a parcel and above all How to pack a parcel.

     

  • Packages with labels “Fragile” are handled with the utmost care and attention by the express couriers, however, this does not increase the liability of the carrier for damage caused during shipment. The sender is obliged to pack the package appropriately for the transport conditions and in such a way as to ensure that it cannot be damaged.

  • The sender must use a packaging that is suitable for its content. If the parcel is not damaged upon receipt but its packaging is inadequate, no claim for damage can be made. No damage claims can be made for shipments packaged only in foil or plastic.
  • Claims for damage to enamelled or painted surfaces (scratches, abrasions) will not be accepted. If fragile contents (glass, porcelain, bottles, injections, infusions, etc.) are packed, a claim is only admissible if the package is not damaged. The carrier shall not be liable, 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 bear liability only for actual direct damage. Consequential damage is therefore not applicable. Liability for damages does not apply to “loss of profit”.”.
  • In the event of a breach of the Terms and Conditions, such as in the case of the shipment of goods on the Prohibited List and inadequate packaging of the shipment resulting in damage to other shipments or to the property of the Supplier or the Carrier, the Supplier reserves the right to make the Customer pay compensation for the damage caused.
  • It is not possible to file a claim for late collection or late delivery. It is not possible to submit a claim for a shipment if the recipient refuses to accept the parcel or because the addressee not found at his address.

C. Complaint Procedure

  • The complaints procedure is based on the General Terms and Conditions of the SpedizioneComoda.com service.

     

  • Complaints against a specific courier are submitted exclusively by the customer (customer and payer), by sending an email to info@SpedizioneComoda.com. or using the form Complaint at www.SpedizioneComoda.com.

     

  • We will acknowledge receipt of the written complaint and request the necessary documentation to process it. We will send the statement with the acknowledgement of the complaint to the customer's email address.

     

  • Obvious breaches of or damage to the packaging may be reported at the time of delivery. The extent of damage or partial loss of the contents of the shipment shall be reported on the site in the Carrier Damage Registration Form.

     

  • The damage report is not a claim for damages

     

  • Complaints concerning damage not apparent at the time of delivery must be received within 3 working days from the receipt of the parcel by the addressee, after which the claim for damages lapses.

     

  • In the case of a claim for a Lost shipment, the customer shall inform the supplier of the loss within 10 calendar days from the scheduled delivery date, according to the price list in force at the time.

     

  • Any other claim is subject to a 30-day limitation period.

     

  • Complaints for which we do not receive complete documentation within 10 working days of their submission will be discontinued and no longer claimable.

     

  • The claim will be settled with the carrier as soon as possible and in any case no later than 30 days after receipt of all necessary documents.

     

  • If the element for determining the value of damaged or lost contents is an invoice in foreign currency, the amount will be converted according to the exchange rate published by the European Bank in force on the first working day of the month in which the shipment was accepted for carriage.

     

  • An appeal against a rejected complaint decision may be submitted upon written request and will be reviewed within 30 days

D. Documents required to file a complaint

  1.  Damaged or partially lost shipment

        1. Damage Claim Form filled in by the Client for Customer Service.

        2. Document accompanying the shipment (invoice, delivery note) indicating the items and the number of damaged items.

        3. Proof of purchase price (purchase invoice or affidavit showing calculation of production or purchase costs) without profit margin and without VAT, in case of damage, also attach the cost of repair or the discounted sales price.

        4. Photographic documentation of the shipping container, wrapping, damaged contents and label.

        5. A copy of the Damage Report, if one has been issued, and if it is confirmed that the parcel showed signs of external damage at the time of delivery.

        6. Service or person who performed the repair, if any, after the occurrence of the damage or if the circumstances of the case so require.

  2.  Lost shipment

        1. Damage Claim Form filled in by the Client for Customer Service.

        2. Document accompanying the shipment (invoice, delivery note).

        3. Proof of purchase price (purchase invoice or affidavit stating the calculation of production or purchase costs) with no profit margin and no VAT.

        4. If the shipment was never entered into the Carrier's system - a copy of the Shipment Receipt Confirmation issued by the courier upon receipt.

        5. In the case of delivery of the parcel to the wrong address or non-delivery - by an affidavit of the Delivery Recipient, in which the Delivery Recipient confirms by his signature that the Shipment was not delivered to him. The affidavit shall contain, in particular, the details of the Delivery Recipient (name, surname, delivery address) and the number of the undelivered Shipment.

E. Recognised Claims

  • La purchasing party, to which the claim has been acknowledged, issues a Damage Invoice to the Supplier for the recognised credit amount.

  • The Customer (the Client) is the sole legal owner of the shipment, therefore any compensation will be transferred to your bank account and the supplier will only answer to the customer in matters of complaints.

  • In the event of a recognised claim for which the Customer has not provided proof of the purchase price, the carrier shall compensate a maximum value of 80% of the commercial value, excluding VAT.