Legal

1. Definition of the activity and Applicable Laws.


The purpose of these General Conditions of Contract is to regulate the contractual relations between Ship Quik, S.L. and the clients, and will be applicable and to them any natural or legal person who contracts with the operator submits. The following references and rules will therefore apply to the activity and will be subsidiaries of these GTC:
 
1.1 Ship Quik, S.L. is a commercial company domiciled in Passatge d’Europa, 1 4th floor, AD500 Andorra la Vella, constituted in accordance with the legislation of this country, and registered in the Mercantile Registry of Andorra on 29/01/2021 with the Registration Number: 19876, Book: S-317, Folio: 261-270 and, therefore, subject to the laws of this principality. The activity of the company is that of Transport Operator, in the manner defined in the Law of the Principality of Andorra, nº4/2015 of January 15 on the transport of goods, which provides for and authorizes mediation activities in transport whatever its modality, inside or outside the state of Andorra, and calls the mediator Transport Operator. The company has the necessary administrative authorizations for the development of its activity.  

The operator’s business activity is to provide customers with a range of different transport companies, arranged and located  in  its database, so that the customer can choose which of them best suits their transport needs; from the perspective of the Transport Law, it is a mediation activity contemplated and defined in it. The Operator has open and owns a Web portal as an instrument through which the transport contract is made. The address of that portal  https://ship-quik
 
 
1.2 Other Applicable Laws.
 
As the contracting is carried out through a Website, Law 20/2014 on  “Electronic  contracting and  operatores that  develop their economic activity in a digital space” will apply.
Many of ship Quik, S.L.’s customers will be consumers. Thus, it is logical to contemplate and  submit to the “Ley  13/2013 of 13 of  Janio of effective competition  and consumer protection”, especially to what is legislated in its Title IV.
The reference to Law 15/2003 of 18 December on the protection ofpersonaldatais an obligatory reference to establish the form of treatment of the personal data of customers and establish the appropriate communication channels so that they can exercise their rights.
 

2. Definition of terms.


In these General Conditions of Contract the following terms are used with the following meaning:
 
·      Logistics operator/transportoperator:  intermediary who, on behalf of the customer, facilitates the contract of carriage between the latter and the actual carrier; in these GTC is Ship Quik, S.L.
 
·      Carrier orcarrier:  company that  actually carries out the transport, collects the goods from the hands of the shipper or the shipper, and undertakes to deliver the shipment to the recipient at destination. Also called effective carrier.
 
 
·      Shipment: package or package made by the customer, or the shipper, or the shipper and delivered to the carrier for carriage and delivery to the recipient.
 
·      Internationalshipping:  one that has its origin and destination in different states.
 
·      Customer:  The customer is understood as the natural or legal person who has the need to transport a shipment from one place to another and contracts the intervention of a carrier through the portal of Ship Quik, S.L;consequently it is the counterparty of the mediation contract with the Logistics or Transport Operator with the effective carrier. The customer may accumulate the character of shipper, consignor, importer, exporter or recipient.
 
·      Shipper: Who hires the intervention of the operator and the transport as interested; usually equates to the client.
 
·      Shipper:  Who physically delivers the goods to the carrier at the place where the transport begins; it is usually the customer or shipper.
 
·      Recipient:  Person designated by the customer to whom the actual carrier must deliver the shipment.
 

3. Contracting with customers.


3.1 The Operator has reached agreements with the different transport companies (carriers) that it offers on its Web Portal,   so that they materially carry out the transport of the shipments of the Operator’s customers. The activity of the Operator is channeled through a computer application (website) of own elaboration, which makes available to the client the different transport companies so that they are chosen by the client according to the price of the freight, the characteristics of the shipment and the hourly availability or the ease of origin and destination. Through the same  computer application  the choice made by the customer is communicated to the carrier and it contacts the customer directly to pick up the shipment and transportit toits destination. The Operator also tracks the shipment. The program itself produces the minimum labels necessary (customer and recipient) for the customer to adhere to the shipment in a visible way. It is the Operator who produces the invoice to the customer; and it is also the one who pays the carrier. The request for a transport service and its conformity in the terms of the WP proves the conclusion of a contract of carriage with the company chosen by the customer and its conformity with these GTC.
 
3.2 Carriers collaborating with Ship-Quik may vary.
 
 
3.3 To ensure better use of the website it is recommended to use the following browsers:
Google Chrome
Operates
Mozilla Firefox
Microsoft Internet Explorer
Apple Safari
 
3.4 The price of the service is prepared and communicated to the customer through the same computer application at the time he receives the different characteristics of the shipment.  The price must be paid through the WP at the time the Operator has accepted the order, by any of the following means of payment:
 
Credit or debit bank card, Visa, Mastercard, American Express, Dinners Club, Google pay, Bizum..
 
3.5 The customer may be qualified as a VIP, when reaching a personalized business agreement with Ship-Quik.
 
3.6 The VIP customer will not be applied to the payment by shipment, but by settlement and invoice on the 5th of each month, which will meet the cost of shipments made during the previous month.
Depending on the qualification, the VIP Client will have bonuses on the price of the services.
 
3.7 The Operator shall recognise rights only to the person who has been accepted and acted as a customer, regardless of who is the owner of the goods and who holds the right to dispose of them or who is entitled to be compensated.
 

4. Presentation and Limitations to goods for transport.


4.1 Ship Quik, S.L. is an intermediary logistics operator in international parcel transport.
 
All shipments must comply with the characteristics and limitations that each carrier has established for shipments:  dimensions, weight and volume; for that reason the customer is asked for the characteristics of the shipment to facilitate that carrier company that accepts those characteristics.  
 
4.2 Unless expressly authorised by the Operator, none of the following goods may be the subject of a shipment:
 
–       Aerosols.
–       Animals, living or dead.
–       Weapons, compressed air shotguns, replica weapons, ammunition.
–       Perishable items.
–       Items Prohibited by the International Civil Aviation Organization.
–       Items stolen or illegally acquired.
–       Lottery tickets or tickets.
–       Any type of battery.
–       Money/coins/cash/checks/currencies/fake coins.
–       Furniture.
–       Removals and the like.
–       Furniture.
–       Luggage that is not properly packed in a box or strapped to protect the handles and wheels of the suitcases.
–       Explosives / Firecrackers.
–       Fire extinguishers.
–       Jewellery, precious metals, banknotes, bearer securities, gold or silver and other valuables.
–       Works of art, cultural or of great interest to the national heritage.
–       Corpses and human remains.
–       Narcotic drugs and psychotropic substances, any type of drug.
–       Explosive materials (including inert ammunition or blank), flammable (alcohol, perfume) radioactive or corrosive. (In general ADR regularization merchandise).
–       Objects that by their nature or packaging may represent a danger to carriers, the floor, the rest of the goods or that may cause any other damage during transport.
–       Counterfeit products.
–       Radioactive or corrosive material.
–       Medications (included with a doctor’s prescription).
–       Dangerous goods and illegal products in trade.
–       Biological samples.
–       Tyres or tyre rims by means of the transport companies Zeleris and/or CBM.
–       Obscene or immoral.
–       Passports / Driver’s license / Licenses / DNI / Credit cards.
–       Pornographic.
–       Spare parts or components of any type of industrial machinery.
–       Collection stamps.
–       Toxic and flammable substances.
–       Tobacco.
–       Prohibited items on Air/Express Services:
–       Alcoholic beverages (beer, wine, fermented beverages, spirits, intermediates).
–       Ethyl alcohol (pure or contained in other products).
–       Fuels, fuels, mineral oils, lubricants.
–       Items exempt from compensation/claim:
–       Furniture weighing more than 40 kg in weight, either real or volumetric, taking into account the greater of the two. They will only have compensation if they are packed in a frame of
–       wood completely closed on top of a pallet, if they are sent without this protection the responsibility is exclusively of the shipper / customer.
–       Spare parts for motorcycles and cars or any land, sea or air motor vehicle (bodywork, windows, doors, tires …)
–       Articles containing or being entirely made of glass, glass, mirror or derivatives.
–       Articles containing or being entirely made of porcelain, ceramics or derivatives.
–       All electronic/computer devices that are not shipped in their original packaging.
–       Unpacked or underpacked goods
–       TV over 32″
–       Plants and Seeds.
–       Furniture.
–       Removals and the like.
–       Articles containing or being entirely made of porcelain, ceramics or derivatives.
–       Minerals and rocks (marble, slate, granite, quartz, clay, etc.).
–       Antiques: objects manufactured with a date equal to or greater than 50 years. Technological articles with a date equal to or greater than 20 years.
 
 
The consequences of non-compliance with the above prohibition shall be the responsibility of the customer, whether he has operated as a shipper, as a shipper or as a consignee. This breach will entitle the carrier and / or the Operator to immobilize the merchandise where it is located, charge the customer and invoice the costs of retention, deposit, fines, appraisal, customs intervention, and any others that accrue due to his fault, including liability for damages to third parties,and in case the customer does not assume them,   destroy them  or auction them.
 
 
4.3 Packaging and labelling.
 
The customer is responsible for enhether the shipments are properly packaged and labeled. The Operator – and the actual carrier – reserves the right to refuse goods if, in its opinion, the packaging or labelling is insufficient or inappropriate to the type of transport to which the shipment must be subjected.
 
 
4.4 Documents that must accompany the goods
 
In domestic shipments it is not obligatory to accompany other documents to the merchandise; if they are obliged when it comes to an international transport.
International shipping is understood as one that has its origin and destination in different states. The Customer must ensure what are the requirements for the entry and exit of shipments from the states of origin, destination and transit, depending on the content of the shipment; and accompany it with the necessary documents for its transport, compliance with customs and security procedures. Neither the Operator nor the actual carrier shall be liable for an insufficient or erroneous declaration and if they are subject to fines or levies, any expenses will be passed on to the customer. The commodity is the guarantor of the debts that are generated.
 

5. Responsibilities of the Operator


5.1 In accordance with article 90.2 of Law  4/2015 of 15 January, on road transport, the Operator must contract the transport in its own name or on behalf of a third party. If you do so on your own behalf, you will assume the responsibility of the actual carrier to the customer and that of the customer to the carrier. If it does so on behalf of a third party – the client – it will be understood that it does not assume responsibility either towards the carrier or towards the client, acting as a mere commission agent without responsibility for the risks of transport. By default and unless expressly indicated otherwise, the operator will always contract on behalf of the customer and therefore, without responsibility for the risk of transport, even if the transport documents could identify the Operator as a shipper,
 
5.2 When the Operator hires on behalf of the Customer, the Customer   shall be liable for damage, loss or delay in the delivery of the goods when the causes of the accident are  attributable to the Operator’s wilful or negligent behaviour. In other cases, the link of liability is established between the actual carrier and the customer.
 
If, exceptionally, the Operator has contracted in its own name, and there is damage, loss or delay in the delivery of the goods, the Operator will assume the same responsibility towards the customer as the actual carrier against the operator, but never greater than this. The demand for compensation is qualitatively and quantitatively limited by the law – national or international – applicable to the mode of transport during which the incident occurred. If that moment cannot be established, the transport rule that is most beneficial to the injured party shall apply. A delivery to the recipient in which there are no reservations will be presumed to have been made in correct conditions.
 
 
5.3 In the terms set forth herein, the Operator will be liable to whom, in application of the Law and these GTC, is the client, and also justifies the damage suffered by the incident, or its legal or documentary subrogate; and not to any other person.
 
5.4 When the incidents that caused damage, loss or delay are the result of a decision or procedure of the customs authorities – at origin or destination – neither the actual carrier nor the Operator shall have any liability. If, vis-à-vis the customs authorities or third parties, the actual carrier or the operator becomes liable for any reason, the debt shall be passed on to the customer.
 
 
5.5 Declaration  ofspecial interestin delivery. Damages resulting from an accident that occurred during transport are not compensable. If the customer wishes them to be, he must make a Declaration of Special Interest in the delivery, the Operator expressly accept it, generate an overpressure for this concept that will be evidenced in the invoice, and establish the compensation limit; without the convergence of these four elements, the declaration of special interest in the delivery, and any claim for consequential damages unacceptable, cannot be appreciated.
 
5.6 Declaration of value: The customer can make a Declaration of value of the shipment with which the calculation of the eventual compensation will not have the legal indemnity limits but according to the declared value. To do this, the Operator must expressly accept this declaration of value, generate an overpressure for this concept that will be evidenced in the invoice, and establish the limit of the compensatory value; without the convergence of these four elements, the declaration of value and any claim for damages above the legal limits, unacceptable, cannot be appreciated.
 
 
5.7 The Operator has its civil liability covered by an insurance policy that covers its legal liabilities and indemnities, when they are due.
 
The Operator makes available to its client the contracting of an Insurance of damages to the goods, so that the risks of the transport can be covered. The customer must instruct the Operator in this regard, pay the corresponding premium and indicate the name of the beneficiary; otherwise, those damages will not be covered.
 
5.8 Unless a delivery date of the shipment to the recipient has been expressly agreed – a condition that must be in writing and accepted by the operator – the delivery times of the shipments will be governed by those rules that are applicable to each mode.
 

6. Impediments to delivery


In the performance of the contract of carriage, it shall be understood that there is an impediment to delivery when the goods are confiscated, or blocked by the authorities of the Port, airport or border, or by the customs authorities, at the place of origin, destination or in transit, or at any stopover. It will also be understood that there is an impediment to delivery when the recipient of the goods is not located, or refuses them in whole or in part, or when, being necessary, he does not present the corresponding document of legitimation or refuses to pay postage or freight or any expenses associated with transport. In these cases, the Operator or the effective carrier will immediately notify the customer asking for instructions and they will be attended to whenever possible and the payer assumes the expenses. In the absence of specific instructions or impossibility of complying with them, the effective carrier or Operator may, at its best discretion, either order the reshipment to origin or order its deposit in the place where they are or elsewhere, at the expense and risk of the customer or whoever has right to the goods; or, promote their sale or auction or even abandon them in the place where they are located or destroy them. In any case, the costs and expenses that accrue will be borne by the customer, regardless of the right of disposal of the goods and their ownership.
 
 

7. Obligations of the customer


7.1 Through the Portal, the customer must provide the Operator with reliable data on the identification of the recipient, the nature, weight and measurements of the goods and who assumes the payment of the freight. The customer assumes and is responsible for the suitability of the packaging, and the certainty of the descriptive data of the merchandise, weight, volume, quantity and brands of the packages. Especially, they assume the responsibility of declaring the classification of dangerous goods, incompatibilities, limitations or characteristics that may affect the goods during transport or may affect other goods.
 
In shipments to those countries that have specific security protocols for the import or transit of goods (USA, for example), the customer must anticipate the necessary documentation; the Operator is not responsible for the fulfillment of these procedures, beyond following the documentation that the client provides.
 
Any damage caused to the goods, to third parties or to the means of transport or overcharges accrued by breach, irregularity, inaccuracy or omission in these statements or warnings, will be the responsibility of the customer. Likewise, it is responsible for the expenses, delays, damages arising from the verification or inspection of the declared data and / or the merchandise, which may be agreed by successive or subcontracted Authorities and / or carriers in the different countries through which the merchandise transits.
 
In the event that either the carrier or the Operator suspects that the declaration of the contents of the shipment does not respond to reality, or of any other irregularity, the customer authorizes them to inspect the package. If the suspicion is not confirmed, the costs shall be borne by the person who decided on the inspection; if confirmed, the expenses will be borne by the customer.
 
7.2 Even if it is freight due, the customer assumes its payment if the recipient does not attend to it. Likewise, it undertakes to pay the Operator or the carrier any additional surcharges that have been generated at origin or destination, either through the fault of the recipient or through the fault of the shipper or consignor.
 
In case of impediments to delivery, the customer is responsible for attending and giving the appropriate instructions to unblock the situation, assume the cost of those and, in any case, assume those others that the delay or impossibility of delivery generate, whether occupations, storage or delays, whether fines, conservation expenses and / or destruction. Authorization for the destruction of the goods shall be deemed to have been granted when the incident was reported by the Operator or by the Carrier, the customer did not answer or give impossible instructions or did not assume the costs of the incident.
 
7.3 The actual carrier shall inform the customer approximately of the day and time of collection of the goods to be delivered by the shipper or consignor, and these must be available when the  collection has been announced; if this is not possible, he must warn the carrier to determine a new appointment for collection. Failure to comply with this requirement will result in the termination of the contract, even before the carriage has begun. 
 

8. Requirements


8.1 Unless the law applicable to the contract imperatively indicates, or a term or a system of computation of the different periods, the limitation period for actions for the collection of freight and expenses inherent therein, shall be one year and shall begin to count three months from the date of conclusion of the contract,  or from the day fixed on the invoice as the date of payment, whichever is later.
 
8.2 Any action against the Operator in which its responsibility for carriage is required shall also be time-barred per year; in such cases, the period shall begin to run from the day on which the goods were delivered to their destination or were due to be delivered.
 
8.3 The period for the person entitled to the goods to demand delivery shall expire one year from the date on which the actual carrier notified him of the disposition or did his best to notify him. After this period, the goods will be non-claimable, and the Operator and the carrier may dispose of them as they see fit, without being subject to any procedure.
 

9. Protection of personal data and Consumer Protection


In order to comply with Law 15/2003 on the Protection of  Data(point 1.4 of these GSCs), it is noted that, with the conclusion of the contract, the customer accepts and authorizes the Operator to transmit and provide third parties with the personal data included in their contract in order that they can manage and track shipments; such data will be integrated,  also in a database owned by the Operator, in order to contact new services and promotions. If the customer does not want to receive information and wants to make use of his right to cancellation or rectification, he must contact the Operator through e-mail address [email protected] or the platform itself, stating his decision.
 
If the customer must be considered consumer  for the purposes of Law 13/2013 referred to in point 1.3 of these GTC, he will be considered as such and the contractual relationship will be subject to the requirements of this Law, especially articles 23 and 30 will apply. Law. But the Operator rejects the intervention of the administrative courts, whether mediation or arbitration.

10. Jurisdiction and Applicable Law


Unless the parties have agreed otherwise, a fact that must be accredited in writing, with the appropriate signature, and in a document that refers exclusively to the modification, the attribution of Jurisdiction and the applicable Law will be resolved in accordance with the procedural or substantive laws in force in the principality of Andorra whether of national or international origin.

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