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 Tarter Residencial
1º3º , AD100 Sant Pere del Tarter – Principado de Andorra, 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 communicate new
services and/or 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.