Terms & Conditions
The User of spainbox.com is subject to the Terms and Conditions set forth below. The entry into force of this document begins on March 26, 2014, any order placed prior to that date (date of payment) will be subject to the conditions established until the date of entry into force of the next update. These Terms and Conditions apply to the access and use of spainbox.com, and to emails sent between the user and spainbox.com. It is recommended that you read these Terms and Conditions before using spainbox.com. The use of spainbox.com implies its acceptance, regardless of whether the User decides to register or not.
The Company may revise and update the Terms and Conditions at any time, so we advise you to periodically check spainbox.com for any updates. The effective date will always appear at the bottom of the page. Some provisions may be superseded by legal notices on certain pages of spainbox.com.
In the event that the Terms and Conditions of the Transport Agency contracted by the User have additional restrictions not contemplated in these Terms and Conditions, such as prohibited goods, the conditions of the Transport Agency will apply. The user will be able to consult these on the carrier’s own website.
- 1. Definitions
- 2. Access
- 3. spainbox.com Content.
- 4. Information about the User and his Visit to spainbox.com.
- 5. Discount Coupons.
- 6. Prepaid Account.
- 7. Links to and from Third Party Websites..
- 8. Domain Name Protection.
- 9. Use of the spainbox.com Brand.
- 10. Sub-Contractors.
- 11. Variations.
- 12. Disclaimer.
- 13. Cancellation susbcriptions.
- 14. Termination.
- 15. Applicable law.
- 16. Divisibility of Clauses.
- 17. Statutory Guarantees
- 18. Obligations of the Company with Respect to the User
- 19. Obligations of the User
- 20. Terms & Conditions of the Forwarding Agencies
- 21. Collection of the Merchandise.
- 22. Delivery of the Goods.
- 23. Cash on Delivery Service.
- 24. International Transportation and Customs.
- 25. Exoneration of Responsibility.
- 26. Prohibited Articles.
- 27. Additional Service Charges.
- 28. Handling of Claims and Refund of shipping costs.
- 29. Cancellation of Orders.
- 30. Deferred Invoicing.
The following is a definition of some concepts found in these Terms and Conditions:
- User/Ordering Party: Party who contracts with spainbox.com, the collection and delivery of the goods, and who is responsible for the payment of all charges associated with the service, and therefore the only person who may issue claims and queries related to the contracted service. These should be made via chat or e-mail, using the e-mail address with which the service was managed on the web.
- Merchandise: Item transported.
- Shipment: Consignment of 1 or more packages, with collection at the same origin and delivery to the same destination, on the same date and time, and with the same Transport Agency.
- Transport Agency: Collaborating partners of spainbox.com.
- Sender: Party that delivers the Goods to the Transport Agency at the time of collection for shipment.
- Recipient: Party that receives the Merchandise through a transport service contracted with spainbox.com.
- The Place of Collection: Refers to the address at which the Goods are to be collected by the Transport Agency.
- The Place of Delivery: Refers to the address where the Goods are to be delivered by the Transport Agency.
- Shipping Label / Address Sheet The documentation to be attached to the Goods.
- Commercial Invoice or Pro-Forma / Dispatch Authorization: The documentation to be attached to the Goods, only in the case of export/import outside the EU, as well as services to the Canary Islands, Ceuta and Melilla.
- Charges: Expenses to be assumed by the User who contracts the service.
- spainbox.com : The spainbox.com application, including all its subdomains.
- The Company: Fulfillment Warehouse Spain SL, calle Buendía 11, Guadalajara, 19005, Spain.
- Cash on Delivery: service whose delivery will be made only if the addressee pays the courier the amount in cash, requested by the orderer.
The Company’s technical team works to guarantee access to spainbox.com 24 hours a day. If at any time, for any reason, access is not available, the Company will not assume any responsibility for this fact. Of course, the Company will do its best to restore operation as soon as possible.
Access may be suspended temporarily, without notice, in the event of system failure, maintenance, repair or any other reason beyond the Company’s control.
The company reserves the right to disable access to those users who inappropriately use the portal or communication channels spainbox.com.
3. Content of spainbox.com
The Company endeavors to ensure that the information contained in spainbox.com is correct and up to date. For this reason, at any time and without prior notice, the Company may make changes to the content.
It is forbidden to publish or send any material from or to spainbox.com:
- which is threatening, defamatory, obscene, obscene, indecent, offensive, pornographic, abusive, xenophobic, discriminatory, scandalous or blasphemous;
- for which the necessary license or permits are not available;
- constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be illegal or infringe the rights of others, in any country in the world;
- is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or malicious software);
Inappropriate use of spainbox.com (including, without limitation, hacking) is prohibited. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing it to locate or disclose the identity of anyone posting or submitting any materials in violation of this provision.
You are permitted to view, print and download information extracted from spainbox.com for your own use, provided that:
- you do not modify, in any way, documents or graphics from spainbox.com;
- spainbox.com graphics and accompanying text are not used separately;
- the Company’s copyright notices appear in all copies;
- unless otherwise indicated, the copyright and other intellectual property rights in the material on spainbox.com (including, without limitation, photographs and graphic images) are owned or licensed to the Company.
Unless otherwise agreed in writing, any use of information extracted from spainbox.com is prohibited. Failure to comply with this clause will terminate permission to use spainbox.com and any downloaded or printed extracts must be immediately destroyed.
No part of spainbox.com may be reproduced or included on any other Web site, or in any public or private electronic retrieval system, without the prior written permission of the Company.
4. User Information and Visits to spainbox.com
Responsibility for contents.
Spainbox will not be responsible for the truthfulness, accuracy, legality or morality of the contents made by third parties, natural or legal persons through the PORTAL. The user accepts that any contractual or extra-contractual relationship that may be formalized or formalized with third party contacts through the PORTAL will be alien to THE COMPANY, which is exonerated from any liability for damages caused by reason of their negotiations, conversations and / or contractual or extra-contractual relationships with third parties using the PORTAL.
In order to contract the services offered by the Company, the User must provide, among other information, his/her e-mail address and name, and indicate whether he/she is a private individual or a company.
The data provided will be treated on the basis of the privacy policies in force and required by the Spanish Data Protection Agency and will be used to inform the User of important changes in the services, as well as new promotions and special offers, unless otherwise expressly communicated.
By providing the data, the User agrees to receive these emails. By using spainbox.com, the User consents to such treatment.
If the user, at the time of contracting, was a minor, he/she would not be allowed to pay for the service, except for those who have obtained emancipation (art. 314 of the Civil Code).
The treatment of personal data and the sending of communications by electronic means are in accordance with the regulations established in the Organic Law 15/1999, December 13, 1999, on the Protection of Personal Data (B.O.E 14/12/1999) and in the Law 34/2002, July 11, 2002, on Services of the Information Society and Electronic Commerce (B.O.E 12/07/2002). THE COMPANY has the registration code in the General Register of the Data Protection Agency.
5. Discount Coupons
En ocasiones, la Empresa envía por email Cupones de Descuento a sus usuarios para determinados servicios. Si dispone de un cupón, para obtener un descuento, el Usuario tiene que introducir el número del cupón en el momento de realizar el pedido. No se podrá utilizar más de un cupón de descuento en el mismo Envío. Una vez caducados los cupones de descuento no podrán ser canjeados en nuestro sitio web, ni existirá posibilidad de cambiarlo por otro con nuevo vencimiento. Los cupones descuentos nunca serán canjeados por dinero.
7. Links to and from Third Party Websites.
The links to third-party Web pages on spainbox.com are provided for the User’s convenience and usefulness. By using these links, the User leaves spainbox.com. Not all third party websites have been reviewed and the Company does not control and is not responsible for their content or availability.
The Company does not endorse or make any representations about them, or any material found there, and is not responsible for the consequences of using them. If the User decides to access any of the third party Web sites linked to spainbox.com, he/she does so at his/her own risk.
If you wish to create a link to spainbox.com, you may do so only by creating a direct link and provided that you do not copy or replicate the home page (www.spainbox.com), and subject to these conditions:
- you may not remove, distort or alter the size or appearance of any logo used on spainbox.com;
- it will not be possible to create a frame or border around spainbox.com;
- may not under any circumstances promote other services or products that are not exactly those of the Company;
- not misrepresent or manipulate its relationship with the Company, nor submit any false information in this regard;
- not to use trademarks owned by the Company (whether registered or not) and displayed on spainbox.com, without the express written permission of the Company;
- not to link to the page from a Web site that is not owned by you;
- spainbox.com does not host content that the Company considers objectionable, offensive or controversial, that violates the intellectual property rights or other rights of any other person or that does not comply with all laws and regulations.
The Company reserves the right to revoke this right for breach of the Terms and Conditions and to take any action deemed appropriate. The responsible party shall indemnify the Company for any loss or damage it may suffer as a result of a breach of this clause.
8. Domain Name Protection
The User agrees not to register any domain name that includes the word “spainbox”; that is inferred to be related to spainbox.com or puts the Company in question.
9. Use of the Spainbox Brand
The User agrees not to purchase the word “spainbox” or any variant of it that includes the word “spainbox” or that can be confused with it in Google Adwords or any other similar Internet advertising service.
No variation, extension or cancellation of the terms expressed in this agreement (other than the attachments) shall be binding on the Company unless and until confirmed, in writing, by the Manager or a Director of the Company. For the avoidance of doubt, it is hereby declared that no one other than the Manager or a Director has the authority to negotiate or enter into any compromise on behalf of the Company which may involve (save for this clause) the Company in any legal liability.
The Company shall not be liable, to the fullest extent permitted by law, for any direct, indirect loss or damage suffered by any person arising out of or in connection with the use of spainbox.com, the inability to use it, the websites linked to it and any material published on it, including, liabilities arising out of:
- loss of income or profit;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- data loss;
- any other loss or damage of any kind whatsoever arising out of tort (including negligence), breach of contract or otherwise.
13. Subscription Cancellation
The Company reserves the right to contact the User by email to offer promotions and special offers.
If the User does not wish to receive these emails, he/she should send an email to [email protected].
These Terms and Conditions may be terminated by either party upon fifteen days prior written notice, or if the other party breaches any of its obligations hereunder.
The Company may, at any time and without notice, restrict the User’s access to spainbox.com and/or refuse to correspond with the User, when:
- the Ordering User is included in the Denied Party list published by the European Commission.
- there is a regulatory or legal change that limits the Company’s ability to provide access to spainbox.com;
- there is an event beyond the Company’s control that prevents it from providing access to spainbox.com (for example, but not limited to, technical difficulties, capacity problems and communication problems);
- the User is abusing spainbox.com or is acting contrary to the Terms and Conditions herein.
15. Applicable Law
These General Conditions, as well as any relationship between the User and spainbox.com shall be governed by Spanish law. For any litigation derived from the existence or content of these General Conditions or the relationship between the User and spainbox.com, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Cordoba (Spain).
16. Divisibility of Clauses
If any provision of these Terms and Conditions shall be unenforceable by law, the enforceability of any other part or provision of these Terms and Conditions shall not be affected.
17. Statutory Guarantees
These Terms and Conditions are in addition to your statutory rights as a consumer, which are not affected.
18. Obligations of the Company with Respect to the User
The Company agrees to comply with the following conditions:
- The Company will arrange for the collection and delivery of the Goods through a Transport Agency, of recognized prestige, chosen by the User at the time of contracting the order. The Company does not come into direct contact with the Merchandise, it is in charge of ordering/managing the Shipment through one of the Transport Agencies that collaborate with the Company and of which the Company is a client. The Company reserves the right to introduce, modify, delete any price, service or discount available online, without prior notice.
- The Company undertakes to attend all claims/queries that the Ordering Party wants to send, as long as they are made in writing through the same e-mail account with which the service was contracted. You will receive by this way resolution and response to the claim / query.
- The Forwarder and/or the Company have the right to refuse any Goods for certain reasons, such as the absence of packaging, insufficient packaging, or if the Goods exceed the dimensions and weight stated at the time of contracting the service, and if the nature of the Goods so requires (see Prohibited Items List).
- In addition, the Company has the right to refuse any order or User of spainbox.com.
- The User must make all queries/complaints through the Company, which will then make the arrangements with the Transport Agency on behalf of the User. If the User contacts directly with the Transport Agency, it is likely to be more complicated to manage the incident later. spainbox.com is not responsible, in any case, for the steps taken with the Transport Agency.
- The Company reserves the right to refuse any order and will subject the payment to security checks through payment platforms.
19. User Obligations
The User assumes and guarantees the following conditions:
- All Shipments must be adequately packaged and properly protected for transport (see packaging recommendations, check conditions of the selected carrier), taking into account the contents of the shipment, and ensuring that it does not cause damage or harm to the equipment or personnel transporting it.
- The sender must ensure that he/she delivers the Merchandise to the contracted courier (that of the Transport Agency chosen at the time of placing the order); in the event that the sender of the shipment does not coincide with the orderer, the latter will be responsible for informing the sender of which company will pick up the merchandise; the absence of this communication does not imply any responsibility on the Company.
- All Shipments must be properly labeled, and all Shipping Labels, Address Sheets and Commercial Invoices (if required) must be affixed so that they do not become detached, and placed on the largest flat surface of each package/goods for easy visibility. You must also ensure that when shipping multiple packages in the same order, the Shipping Labels and Address Sheets are properly attached. If the Shipper has not properly labeled the package(s) making up the order, the Carrier’s courier may refuse to pick up the order. Neither the Company nor the Forwarder shall in any event be liable for any delay in delivery, non-delivery or non-delivery arising out of or caused by deficient or ambiguous labeling or any other failure in labeling on the part of the Sender. Please note that Goods without a Shipping Label and/or Address Sheet may not be reshipped free of charge. If a Shipment has to be returned for this reason, no refund will be made and any applicable charges will be passed on to the sender (see Additional Service Charges).
- The User is responsible for ensuring that the packaging is suitable for the transport of the Goods. No claims will be accepted for Goods that do not conform to the Packaging Recommendations. All items must be carefully packed, preferably in a double-walled box, with sufficient packing material to protect the contents. The item must be protected with sufficient material for proper transportation. In addition, the User shall be liable for any damage caused by its Merchandise to other Shipments during transit, if as a result of insufficient or inadequate packaging of the Merchandise. Items that are not delivered in a box or that are not adequately packed are excluded from the services offered by the Company and may be subject to delays, returns or be retained until picked up by the User. In these cases the Company will not refund the amount of postage, and the Ordering Party will have to bear the costs generated by the transport until the time of cancellation of the order, “Failed Pickup” or return of the goods to origin.
- Todos los datos que proporciona el Usuario (incluso por medios electrónicos) en relación con la solicitud y contratación, etiquetaThe Shipment’s shipping, transportation or billing information must be accurate, complete, sufficient and consistent with that provided in the contract. Such data includes, but is not limited to, the weight and dimensions of the package, an accurate description of the contents of the package/package, and the following details of the Consignee: full name, full address including postal code, telephone number (always in the country of destination) and e-mail address. It is not the responsibility of the driver/messenger to check this information;
- In the event that the User has not provided all the necessary information, the courier of the Transport Agency may refuse to make the collection and/or delivery and the User will be charged for any costs that may be incurred.
- The Merchandise complies and conforms to all legal obligations and regulations on the transport of goods by road, sea and air. Any administrative penalty that may result from the breach of this point or if the goods are considered illegal, either in the country of origin, transit or destination, will be passed on in full to the orderer.
- The Ordering Party accepts that, in the event of non-compliance with the conditions of this section, it shall be exonerated from all liability for any expense, cost, loss or damage that may be caused, both to the Company and to the Transport Agency. Likewise, in this case, the User would assume the subsequent responsibility for any damage, cost, loss or damage that could be caused by not complying with the conditions of this section, both to the Company and to the Transport Agency.
- The expenses to be borne by the User include but are not limited to: transportation charges, surcharges (including, but not limited to, emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, penalties, administration costs, customs duties, insurance premiums and any other costs chargeable to the User by spainbox.com in relation to transportation or required by regulatory bodies in relation to the Shipment and any other amounts accruing under these Terms and Conditions.
- It is the responsibility of the Users to track all shipments, and to provide solutions to the incidents that occur within a maximum period of 5 working days from the date of the same through the various channels of communication. In case of return of goods due to lack of solution, the corresponding surcharges will be applied, always taking into account that it will be the same Transport Agency who will carry out the return shipment under the same service conditions of the original shipment.
- It is the User’s responsibility to provide the Company with the necessary information for the management of deliveries, location of goods, and settlement of refunds, as well as any other information necessary for the correct completion of the service.
- It is the User’s responsibility to inform the Third Country recipients of the customs clearance costs and taxes that they will have to assume upon delivery of the goods, in order to avoid incidents, deposits or customs abandonment.
- It is the responsibility of the User to provide the necessary documentation for the processing of claims (breakage, theft, loss, accidents, etc.) within the deadlines set forth in section 30 “Claims Management”.
20. Terms and Conditions of Transportation Agencies
For the delivery of the Shipments, the conditions of each of the Transport Agencies will be applied. These conditions can be consulted in their respective web pages. In case of discrepancy between what is published in spainbox.com and the carrier, the conditions of service of the carrier will always prevail, since the rates published in the web are based on them, except those related to insurance coverage that will always prevail those published in spainbox.com.
21. Pickup of Goods
The automatic system of shipping requests collects the data entered by the User. The system will offer you the possibility to choose the date and time of collection. It should be noted that the date and time of collection is not guaranteed for all services, nor with all Transport Agencies, the user may consult through the Communication Channels for this information.
In the event that the courier of the requested Transport Agency is unable to pick up the Goods, the courier may leave a note under the door or in the mailbox, call to reschedule the pick up or try to make the pick up the next day, this will depend on the internal operations of each company. The rescheduling of the collection must be managed directly with the company. In those cases in which the User needs to reschedule the pickup, the Company will generate an additional charge for Failed Pickup, the amount of which will depend on the characteristics of the service (more information in point 24. Additional Charges).
Shipments to and from remote areas, both nationally and internationally, may be subject to delays and withdrawals/discontinuance of the service, more information in point 26.
You must always ask the Transport Agency collecting the Goods for a receipt / collection slip. Claims will not be accepted if not accompanied by the receipt of collection, since in that case there is no proof that the Transport Agency has collected the Goods.
In some services, the courier of the Transport Agency will carry a document that the sender must complete with the details of the place of collection and delivery of the shipment.
22. Delivery of Goods
The first collection attempt will be made at the address indicated by the Ordering Party in the request.
If the Shipment could not be delivered to the Consignee, the Forwarding Agent may leave a notice to the Consignee to reschedule the delivery and take the Goods to its warehouses. If the Consignee does not contact the agency within 5 working days of the first delivery attempt, the Forwarder may choose to retain the Goods or return them to the Sender at the Ordering Party’s expense.
Between 1 and 2 delivery attempts will be made for each Shipment at the destination address, depending on the service and/or the Transport Agency used for the shipment. If the Merchandise has to be returned to the Sender, the Company will make an additional charge for the Return, taking into account that it will be the same Transport Agency who will make the return transport under the same service conditions of the original shipment, excluding against reimbursements.
If when attempting to deliver a shipment to a school or similar institution, the Forwarder finds that it is closed for vacations or any other reason, it may store the Merchandise until the school or similar institution reopens, applying a surcharge for the storage of the Merchandise.
Except for services with guaranteed delivery, all delivery times shown on spainbox.com are approximate, and based on information from the transport agency itself. The delivery of the goods may sometimes be delayed for reasons beyond the control of both the Company and the Transport Agency. All transit times are based on Monday through Friday business hours/days. In the event of a holiday, either at origin, transit or destination, this day does not count as transit time.
When collection or delivery is made at the User’s premises, neither the Company nor the Forwarder performing the service shall be obliged to provide any service, material or assistance necessary for the loading and unloading of the Goods at the premises. Shipments requiring extraordinary or special means for loading and/or unloading shall be accepted for transportation provided that the User or Receiver has such equipment available at the point of pick-up and/or delivery. In the event that the Forwarder agrees to load or unload such Goods, the Company shall have no liability in the event of any damage occurring during or after loading or unloading.
The Company does not accept deliveries to a post office box, nor to a private mailbox, unless there is written authorization from the Ordering Party.
It must be taken into account that there are a series of circumstances that do not allow delivery to the requested address. The most common are the absence of the addressee, incorrect or incomplete addresses, and breakage. If the retention of the Merchandise occurs, the User must go to pick up the Merchandise to the facilities where it is located, within the term foreseen by the Transport Agency. Otherwise, it would have to bear the costs of storage, return or destruction of the Goods once it has exceeded the deadline.
The Goods could be destroyed in the event that:
- was completely damaged, such as broken glass;
- if the Goods have been held awaiting collection by the User and the agreed collection period has been exceeded;
- neither the consignee nor the orderer of the goods shall be liable for import/export taxes, customs duties or customs clearance.
23. Cash on Delivery Service
The Cash on Delivery service implies that the recipient, the receiver of the goods, must pay the amount requested by the orderer at the time of delivery.
Spainbox will order the transfer to the account detailed by the customer within 1 to 2 weeks from the day following the delivery of the goods.
The reimbursement will be settled, provided that the recipient has paid the reimbursement payment. All Transport Agencies leave a note on their delivery notes of the amount charged by the courier at the time of delivery, so we recommend that you inform the recipients to keep this proof of payment from the Transport Agency. We recommend that you always check before making such payment that the amount to be paid appears on the delivery note, as the Company will not accept claims for reimbursement amount without a delivery note reflecting such amount.
The User must print and attach identification labels, if required, on each of the packages. These are provided at the time of contracting the service and guarantee the correct collection management at destination of the requested reimbursement. In those cases in which the Transport Agency carries out a collection without the packages being perfectly identified, the Company will not guarantee the collection and therefore the liquidation of the amount of the refund; reaching the responsibility of the Company only to reimburse the percentage charged in concept Expenses Management Refund reflected in the simplified invoice or invoice.
The form of payment for the settlement of reimbursements will be in cash for shipments to national and international destinations, (except Portugal, in which case, checks in the name of the payer will be accepted and will be sent by ordinary mail, courier or freight collect).
Settlement shall be by bank transfer, provided that the account is of Spanish origin. Any request for international transfer will have an additional cost of 5.00 € that the User will have to pay for financial and administrative expenses.
24. International Transport and Customs
In transport services in which the Company is required to make a collection or delivery of Goods in countries outside Spain, the Company’s liability is governed by the provisions of the contract of international carriage of goods by road, regulated by the CMR Convention, signed in Geneva on May 19, 1956. In particular, as referred to in Article 17 and following, the provisions of which are incorporated into these Terms and Conditions and shall prevail over them in case of inconsistencies with respect to the CMR Convention. Upon request, a copy of these provisions can be sent to the User at a cost of 20.00 € + VAT, as administrative expenses, but can also be found on the Internet.
In relation to the transport of Goods by air, if this transit implies that the final destination or a stopover is in a country other than the country of origin, the Warsaw Convention could be applied, which in this case will prevail, and in most cases would limit the liability of the Company in the event of loss or damage to the Goods.
Sometimes you will have to attach documentation to the shipment, you will be informed of this at the time of placing the order. This documentation must accompany the Merchandise, otherwise, the Shipment may be delayed or the Transport Agency may invoice a surcharge that the Company would have to pass on to the orderer. For Shipments requiring delivery outside the European Union, it will be necessary to attach a Commercial Invoice or Pro-Forma (if the Goods have no commercial value). In it, the User must make a precise description of the item to be exported, as well as cite the reason for the export. If the customs authorities find that the description does not correspond to that of the item shipped or that specified for export is not truthful (e.g., has stated that it is a gift when in fact it is a purchase) a surcharge may be applied or the Shipment may be returned. The User must make sure that the invoice data is written correctly. It is necessary to provide several copies of the Commercial or Pro-Forma Invoice to the Forwarding Agent performing the pick-up. The number of copies required will be specified when placing the order.
In some cases, the User must also provide the courier, at the time of pick-up, with the original, correctly filled out and signed, Unitary Dispatch Authorization. This document will be made available to the User at the time of contracting the service. In the event that this document has not been delivered to the courier, customs clearance is not guaranteed, so that any delay caused by this reason will not be attributable to either the Transport Agency or the Company.
If the amount declared by the User as the value of the contents is incorrect, the Company shall not be liable for any charges that may apply or arise. Shipments whose value exceeds 5500,00 € could suffer some delay, since they require more formalities for their dispatch. The Company does not advise Shipments whose value exceeds the maximum value of the additional compensation that can be contracted.
In spainbox.com, the User contracts and pays only the cost of collection, transit and delivery of the Goods. The Company has no control over the taxes or duties that may arise in each country with respect to the Shipment. It is the User’s responsibility to find out if there are any duties, charges or customs taxes once the Shipment arrives in the destination country. The best way to find out is to check with the embassy or consulate of the destination country. spainbox.com offers advice in the FAQ section in this regard, but only as guidance. The Company has neither the authority nor the power to indicate the exact requirements and applicable fees. The Consignee of the Shipment must bear all customs duties and taxes imposed by the customs authority of the destination country. The Company will charge the User for all customs duties, taxes or other charges not paid by the Consignee. The User will be responsible for paying all such charges and taxes if the receiver or Recipient refuses to pay them. Many countries will apply a surcharge for the destruction of the Goods if these taxes are not paid. The User will also be responsible for this charge.
This policy also applies to imports, where it is the Recipient’s responsibility to pay all customs duties, taxes and other charges that may arise. In addition, in the case of imports, the Forwarder will inform the User, once the shipment has been cleared, of the costs for the release of goods in the national territory, the amount of which must be paid at the time of delivery. In the event that the user does not pay within 48 hours from the communication of the same, the Company reserves the right to leave the goods in abandonment at the Customs of Spain. This would imply possible administrative sanctions to the importer (in this case the user) for which the Company is not responsible.
In the case of having to proceed to the return of a Merchandise from outside the country of origin, this will be done by applying the import tax that corresponds to that Shipment. It is likely that this will be higher than the price paid for the export of the Goods. The User who contracted the Shipment is responsible for assuming this charge.
25. Disclaimer of Liability
Service delays may occur due to the following reasons:
- war, civil war, invasion, act of foreign enemy, hostilities (whether war is declared or not), rebellion, revolution, insurrection or usurpation of power, plunder, pillage, pillaging
- ionizing radiation or radioactivity contamination
- radioactive, toxic, explosive, explosive, hazardous or other properties of any nuclear explosive component, and/or pressure waves caused by aircraft and other aerial apparatus traveling at sonic or supersonic velocities
- Strikes, demonstrations, celebrations of events of Provincial, Regional or National character in the area of collection, transit or delivery.
- Natural catastrophes and adverse weather conditions that prevent the correct circulation of the vehicles entrusted to transport the merchandise.
- the absence, insufficiency or incorrect packaging of the goods
- the lack of information for delivery or collection
- Shipments to and from remote areas, both domestically and internationally, may be subject to delays and service withdrawals/discontinuance. According to most Freight Forwarders, remote areas are considered to be those towns with a population of less than 10,000 registered inhabitants, and those that, regardless of population density, are more than 50 kilometers from the nearest Freight Forwarder’s location.
Delays in the services caused by any of the points detailed above shall not be subject to any claim, compensation or refund.
26. Prohibited Items
Claims for loss or damage to items on the Prohibited Items list will not be accepted. Any additional compensation for items belonging to this list will be void. It is the User’s responsibility to verify, prior to Shipment, that the item is not included in the Prohibited Items lists.
In the event that an item belonging to the Prohibited Items list is damaged, the Forwarder may hold the item for collection by the User. This may occur in the event that the item is on the Prohibited Items list and cannot be shipped, or in the event that an item is damaged to such an extent that it cannot be transported.
It is recommended that you check that the Merchandise can be shipped before placing your order. You may consult the Prohibited Items list.
Goods on the Prohibited Items list may not be picked up, or may be delayed, returned or confiscated by customs authorities. No refund of Shipping charges will be made and no claims will be accepted for these Goods. Please note that spainbox.com has an automated computerized system for requesting Shipping requests, so the Company’s staff cannot control what is being shipped. It is the User’s responsibility to read the Terms and Conditions or make an inquiry through the Communication Channels to ensure that the Merchandise will be accepted.
- Items on the Prohibited Items list cannot be shipped through any of the Company’s services. If the Transport Agency were to pick up any Goods belonging to the list of Prohibited Items, the User would have to assume a possible surcharge and the return of the Goods, with no possibility of claim for coverage included or additional, no claims for delays in deliveries or pickups or any other type will be admitted.
27. Additional Service Charges
The following is a description of the circumstances under which additional charges are payable. The amount to be paid will depend on the service contracted.
27.1 Discrepancy Weight/Volume Declared:
When entering the weight and dimensions of the Shipment, the User pays in advance the amount corresponding to the weight and dimensions of the contracted service. It is very important to enter the exact weight and dimensions of each package. All packages/goods are scanned several times by the Transport Agency. If the Shipment has a higher weight or volume than declared at the time of shipment, it may be retained, delayed or returned to origin. The Ordering Party will have to pay the difference of the additional amount. In addition, a surcharge of 15.00 € + VAT will be charged for administrative costs. The additional charges shall be confirmed in writing. These charges must be paid within 48 hours of communication.
27.2 Failed Collection:
If the Goods are not ready for collection at the agreed place and time, a “Failed Collection” surcharge will be charged. This surcharge has a minimum cost of 2.00 € and a maximum of 5.00 € + VAT, depending on the vehicle used for the management of the collection and the Transport Agency contracted. Additional charges may be derived in the event of missed pick-ups or delays in the collection for reasons attributable to the User or the Recipient and that were not covered/included in the contracted service.
27.3 Changes of Direction:
A change of address is understood to be any change in the pick-up or delivery address. This charge may also occur due to the absence of data in the documented address. The charge may range from 2.00 – 15.00 €, depending on the shipping agency. In the event that the delivery must be made to a different postal code, even within the same province, this would be a reshipment and not a change of address, so the cost in this case would be the same as the original shipment.
27.4 Additional Deliverables:
in the event that the Transport Agency has exhausted the delivery attempts foreseen by type of service and according to its operating conditions (in most cases 1 first attempt is made and the 2nd is free), any additional delivery entails a charge that can range between 2.00 – 5.00 € depending on the Transport Agency chosen.
The User is responsible for assuming any additional charges that may arise with the Transport Agency as a result of the cancellation of his order. Whenever the User requests a service, an order is automatically given to the Transport Agency, which implies that there may be a displacement. In that case, a cancellation will be made, generating the partial refund of the payment discounting the amount corresponding to “Failed Pickup”.
The User accepts that the Company is authorized to charge and collect the surcharges automatically (in addition to the 15.00 € + VAT administration costs, as well as the fees or commissions of the payment transaction) by the same payment method used by the User at the time of contracting the service. If it is not possible to make the payment with the original payment method, the Company will use all possible measures, including legal channels, to collect the outstanding charges from the User.
28. Claims management and return of shipping costs
28.1 Limits of Liability of the Company
The claim may only be made by the User who placed the order on spainbox.com. In the event that a claim is made, the Company’s liability is limited solely to the cost of making the Shipment and the value of the compensation contracted in the event of damage or loss of goods not included in the Prohibited Items list. The Company shall not be liable for subsequent claims for loss of profits, administrative problems, frustration or any loss or damage in connection with an incident with the service that was ordered.
Loss, damage and refund of shipping costs are excluded from compensation in the following circumstances:
- lack of packaging or insufficient packaging;
- labeling errors;
- shipment of items that belong to the Prohibited Items list
- shipments contracted with weights or measures inferior to the reality of the merchandise.
- force majeure (natural disasters, consequences of war, etc. Prohibited items).
28.2 Modality and terms of claim for Damages or Losses
In the event of a complaint, the User must make it through the Communication Channel (see point Communication Channel) and must always complete a written complaint form. The Company will be able to help/advise him/her to carry out all the procedures.
All claims for damage must be initiated within 2 working days of delivery, unless the damage is evident at the time of delivery by the recipient of the goods. The recipient must record his reservations on the delivery note, or PDA of the carrier. The goods must be kept available for inspection, unless otherwise instructed in writing by the Company. The item must be available for inspection in the condition in which it was delivered, and at the address to which it was delivered. If the item has been tampered with, repaired or if the packaging has not been retained, the claim will be rejected.
All claims for loss must be made within 28 days of the expected date of delivery (always taking into account the date on which the goods were picked up in addition to the contracted transit time according to the service). Claims received later will not be accepted.
In order to process any claim, the User must follow the Communication Channels and always from the email account that was entered as the ordering party of the order.
Once the Insurance Dept. has received the claim, it will always request the following documentation:
- 1. Letter of Claim or detailed e-mail with the subject of your claim, Spainbox order number
- 2. Claim Form (to be requested through the Communication Channels)
- 3. Delivery note signed by the courier (except in exceptional cases).
- 4. Commercial invoice (purchase/sale) of the goods transported, or purchase receipt. This must always reflect the coincident data between sender and consignee, in case the orderer is not the sender of the goods, he/she must send a written document stating the relationship between the three parties.
- 5. In case of breakage, pictures of the outer and inner packaging as well as the contents and obvious damage (e.g. broken casings).
- 6. Delivery note with recipient’s notes in case of damage (mandatory in all cases).
- 7. Damage repair estimate (only in case of breakage)
If any document is missing, the file will be incomplete and therefore the requested compensation cannot be processed, all documents must be submitted within the deadlines described above.
** Confirmations of payment or collection through Paypal and other payment platforms, as well as web publications of purchase and sale of goods will never be considered as an invoice or evidence of the value of the merchandise.
***In the event that a damaged item cannot be repaired, the User must prove it by presenting a document written by a specialist technician.
****At the time of receipt, the User must note on the receipt that it has received it with “With Damage”. If the delivery receipt shows it as delivered in “Good Condition”, your claim cannot be satisfactorily dealt with.
The user who submits a claim assumes from that moment his responsibility towards the insurance company and the various arbitration boards, so that any attempt of fraud or false documentation will be the sole and exclusive responsibility of the User for all legal and administrative purposes.
A claim for loss can only be processed once the Transport Agency has carried out an intensive search in its warehouses and has catalogued the Merchandise as “loss”.
Please note that the Company may need a minimum of 2 working days and a maximum of 5 working days to review the details of the claim before contacting the User and providing a written response.
Only the person/company that placed the order can make a claim and only the person/company that contracted the service will be compensated, with the data provided to the system at the time of placing the order.
If the User wishes to object to any decision about the claim, the User should follow the Communication Channels.
The freight forwarding industry standard for resolving a claim is 8-12 weeks. The Company aims to have all claims resolved no later than 90 business days from the time the complete file is submitted.
Claims for delivery of Goods will not be accepted if the User has cancelled the order once it has been delivered to the Freight Forwarder, as there can be no guarantee that Goods will be returned to their origin once they have commenced transit. However, the Company will do its best to cancel the delivery, if the User so requests.
28.3 Coverage included and additional compensation
All services include limited coverage during transit in the event of loss or damage (the amount depends on the contracted Transport Agency and is reflected at the time of placing the order).
The coverage included will be effective for all contracted services, except for GLS services, on which the customer accepts the maximum indemnity of 200.00 € / package, provided that the goods transported are not on the Prohibited Items List, nor are they beverages or food, in which case, the user accepts at the time of contracting, that they travel without any insurance coverage. The insurance coverage for shipments contracted with this company, requires in all cases of damage, that there is notation of the same on the delivery note, in case the recipient does not contemplate the same at the time of receipt, the customer exempts the carrier and Spainbox from liability.
The coverage included (free of charge), will only be effective in case the client is up to date with the payment of all services or additional charges to the same, in case there are pending amounts to be settled at the time of the claim, the company will respond exclusively with the limits marked in LCTTM/LOTT or CMR, according to the transit.
The coverage included, in case of used merchandise (purchase date more than 30 days from the date of collection of the shipment) will apply a depreciation of 20% per year. This means that if the contracting party does not request additional coverage, and the merchandise was purchased 45 days before the shipment was contracted, for a tax exempt value of 100.00 ¤, the company will respond with 80.00 ¤ to the contracting party.
If the User needs coverage for the total value of the Merchandise, he/she must specify it in the process of requesting the Shipment. When additional compensation is contracted, it refers to the Shipment for which it was contracted, regardless of the number of packages included in that Shipment. For this reason, if you wish, you must purchase additional compensation for the value of all the packages that make up the Shipment. In case of loss, this will be the maximum coverage claimable under documentary proof of value. The user is responsible for indicating the insured amount, which shall be evidenced with invoices of the merchandise; in case of claim. The insurance company may underinsure in case the claimant has not contracted the actual value of the merchandise as the insured value.
The additional insurance coverage excludes damage and/or loss on used merchandise, understood as any merchandise whose purchase date is more than 30 days prior to the date of collection of the shipment. Likewise, used merchandise is understood as merchandise generated by the sale between individuals/companies of second hand/collections, etc.
In the cases in which the client contracts additional coverage for shipments of more than one package, it must be taken into account that the insurer will make the average value per package, this means that in the event that a shipment of 2 packages is insured for 1000.00 €, the client assumes that the maximum indemnity per package is 500.00 €, provided that the value of the same is justified.
The Company, in these cases, will not apply the coverage included nor will it be added to others available in promotions, etc.
28.4 Packaging used
The User is responsible for ensuring that the packaging is adequate for the transport of the Merchandise. Complaints about the Goods that do not comply with the Packing Recommendations will not be accepted. All items must be carefully packed, preferably in a double-walled box, with enough packing material to protect the contents. The article must be protected with sufficient material for its correct transport. In addition, the User will be responsible for the damages caused by his Merchandise to other Shipments during transit, if it is a consequence of insufficient or inadequate packaging of the latter. Items that are not delivered in a box or that are not adequately packaged are excluded from the services offered by the Company and could be subject to delays, returns, or be retained until they are collected by the User. Any merchandise that suffers damage during transport, and after an appraisal of the same and its packaging is declared as inadequate packaging, will be exempt from any type of insurance coverage. In these cases, the Company will not make refunds for postage. The user will have to bear the expenses that the transport has made until the moment of the cancellation of the order, “Failed Collection” or return of the merchandise to origin.
28.5 Modality and terms of claim for Breach of Service
Only the payer of the service may make a claim, once the merchandise has been delivered and it is in the hands of the recipient, except in cases of loss that the term and modality are established in 27.2.
Spainbox staff will offer a response to each and every one of the claims for breach of service, based on the service contracted by the client, and the circumstances that have caused the delay in delivery, all claims for breach of service will be resolved in within a maximum period of 7 calendar days from the receipt of the letter by the client through the Communication Channel.
29. Cancellation of Orders
In the event that the Ordering Party decides to cancel the order, after making the payment for the service, it must contact The Company and notify it in writing from the same e-mail address that it used at the time of contracting it.
In all cases, the Dept. At. Client will inform the User of the cancellation of the same.
All Order Cancellation carries a cost of €2.00 + VAT, except those that are requested by duplicate order; Understanding duplication of order, the one that is paid, and whose origin and destination data are the same as the order that requires cancellation. In these cases the cancellation will be free.
The cancellation of the order occurs, on occasions, because the sender is not at the collection address at the time specified in the contract. spainbox.com, in this case, proposes as an alternative to cancellation, and as long as the Transport Agency has not been displaced, the rescheduling of the collection at no cost to the Ordering Party. In the event that there is displacement, the charge described in point 27 would be applied.
30. Deferred Billing
spainbox.com makes available to companies and freelancers, the option of debiting the group payment of their services. To do this, the User must contact the company and submit the necessary documentation for registration as a Deferred Account.
Once approved by the corresponding department, the user will have access to the new payment method.
The User with deferred payment agrees to generate a minimum billing of €30.00 / fortnightly, so in the event that once the billing cycle is closed, this amount has not been reached, the Company will issue the receipt for said amount.
The Company generates 1 monthly billing cycle, whose closing date is the last day of each month, generating a direct debit receipt the next business day after the invoice is issued.
In the event that receipts are returned by the client, The Company may charge the financial expenses generated.
The non-payment by the user of the receipts issued, will imply the cancellation of the access to the deferred account.