SERVICE TERMS AND CONDITIONS
Goods shall be delivered to 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 type of building. In this case, and with prior notice, the delivery shall be left at the front door or at the local service centre. In the absence of the recipient, we will leave a delivery attempt notification, as well as a way to arrange another delivery attempt. The charge for this is established in the current rates. Recipient’s absence; change of address; unknown address; no name, telephone number or email address; 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 will be required. If the recipient refuses to sign the delivery note, the Company shall not be held liable. Deliveries to PO boxes shall not be made. Once the shipment collection date is set, the contract cannot be terminated
Services are provided on working days and from Monday to Friday, except the complementary delivery service on Saturday. Any bank holidays in the location of destination shall be excluded from calculation of the timeframe for the hired service. Contractually agreed due dates of prepaid deliveries shall be without prejudice to delays that may occur due to force majeure or fortuitous events (inclement weather, snow, roadblocks, strikes, procedures or other actions of Administration and/or Customs, air and/or maritime companies delays, etc.).
Goods which do not comply with the general loading rules due to their nature or packaging shall not be admitted for transportation. The delivery of shipments which content is in breach of the law, commonly accepted morals or public order is prohibited and the Customer shall be held liable for the corresponding liabilities, the Company being fully relieved from this liability. Goods for which transportation is subject to special regulations, such as weapons and ammunition, live animals, money or monetary instruments, cash, jewellery, hazardous goods and perishable goods, among others, are expressly excluded. The sender shall be solely responsible for consequences arising from this transportation.
Such as, for example:
Living beings, perishable products. Money in cash, securities coupons, bank notes, negotiable or banking instruments and papers. Plane, train, or lottery tickets. Bank cards, pre-paid telephone cards. Dangerous goods and articles (corrosive, inflammable, explosive, poisonous, radioactive, infectious items, etc.). Cold chain products. Fine metal jewellery, precious stones, real pearls, flat glass panes. Commercial samples. Works of art. Goods with insufficient packing or packaging. Goods for repair. Documents or photocopies of any kind. Press in any of its varieties. Loss of integrity: When an insured loss occurs in a piece that is part of a set or collection, the amount to be paid in the event of a claim will be limited exclusively to the value of said piece, without any amount being claimed for loss of value or loss of integrity.
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) The shipment is protected against unauthorised intervention 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 Annex to Regulation (EC) 2320/2002;
e) Accepts the shipment may be withheld, undergo controls and its content may be examined for security reasons, which may include inspections by X-ray or other technical methods.
The Company reserve the right, at any time, to accept a shipment if it deems its content abnormal, 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 not be held liable for damage to goods or damage that may occur, recording the corresponding reserve on the document proving receipt of goods for transportation. Damage or deterioration to the package or its content; delay in delivery; damage derived from all this due to fortuitous event, force majeure, nature or defect of the package; and also if the packaging of the packages is insufficient or in poor condition will be at the risk of the Customer, without option to claim against the Company providing the service.
WEIGHTS AND MEASURES
The maximum weight per package is 50 kg. The maximum sizes 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 metres (length x width x height) and multiply the result by the cubic meter volumetric coefficient depending on the type of transport: Land 250, Air 167 and Sea 333.
The maximum liability of the Company for the loss, misplacement, deterioration, robbery 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 option of increasing this (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 from 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.
EXTENSION OF LIABILITY
We offer you the possibility of extending the liability established in the Land Transport Act (LTOL) for damages, losses and/or breakdowns suffered by goods during transportation up to €16.00 per billed kg. Check the conditions at your Envialia service centre.
OPTIONAL DECLARED VALUE INSURANCE
Envialia provides you with the option of taking out additional insurance to cover the loss, theft at destination or breakage of your shipment, paying a percentage of the declared value. For the insurance payment, the purchase invoice value will be taken into account, as well as the possible depreciation of the insured item.
There is no insurance payment for lost profits, non-material damage, commercial losses for unperformed sales, exchange differences, among others.
The “Optional Insurance” can be taken out as additional insurance for national and international shipments.
INTERNATIONAL SERVICE CONDITIONS
All goods with a destination overseas 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 28 September 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 in Geneva on 19 May 1956 and ratified by Spain in 1974. The maximum liability for transportation shall be 8.33 SDR.
EXPORTS AND IMPORTS
The exporter and / or importer authorizes Envialia to manage or provide the data to third parties for the management of the customs clearance required for the export (or import) and release of their merchandise, as well as to carry out all those procedures that are mandatory in accordance with the provisions of the Resolution of March 5, 2015, of the General Directorate of the State Tax Administration Agency, in relation to the registration and management of customs clearance authorizations.
The sender / exporter-importer guarantees the veracity of the information and documentation provided for the customs management, exempting Envialia from any liability derived from the falsity of this.
In accordance with the provisions of Articles 366 and 952(2) of the Commercial Code, a claim may be made against the Company for damage or deterioration to the goods within 7 calendar days following their receipt, unless the damage was evident at the time of acceptance, in which case only a complaint upon receipt will be accepted, by means of recording this on the delivery note. After this deadline, or once the freight costs have been paid, no claims against the Company shall be accepted regarding the condition in which the goods were delivered. After formalisation of the claim within the described deadlines, actions arising from the transport contract shall be limited to one year (Art. 952.2).
JURISDICTION AND APPLICABLE LAW
For all actions that may arise from the interpretation of this document and in cases of remote contracting, the parties submit to the Courts of the place where the consumer’s address is located.
The Customer accepts and authorises the Company, under the terms required and the limits established in the Personal Data Protection Act 15/1999 (PDPA) and implementing regulations, so that their identification data are communicated and integrated into a database in order to perform the management and monitoring of the entrusted shipments. In case you wish not to receive any information regarding services, as well as to exercise rights of access, cancellation or correction, please contact the Company with which you contracted the service, or send your request via email to our email address.