Hiring the services of Iberomail Correio Internacional SA, legal person nº 505 441 241, having its registered office at R. Prof. Henrique de Barros, 5, 2685-339 Prior-Velho, with a share capital of €50,000 (fifty thousand euros), hereinafter “IBEROMAIL”, means that the shipper, on its behalf and on behalf of all others interested in the transportation, accepts these General Conditions, which shall remain in force under all circumstances, even if the shipper shall not have signed the waybill in which they are affixed, unless explicitly replaced by a written document signed by an official of IBEROMAIL who, by law, is duly empowered for the purpose.
In all matters omitted from these General Conditions, international conventions and national legislation on the carriage of goods shall apply.
- SHIPPER’S OBLIGATIONS
Without prejudice to other obligations arising from the law, these General Conditions or other relevant documents, the following constitute obligations of the customer:
- To fill in correctly, legibly, clearly, precisely and completely and to sign the waybill, including the description of the nature, possible hazardousness, quality and quantity of the goods and the correct name and address of the consignee;
- To have the shipment prepared in secure premises by trusted employees, and to take measures against unauthorized interference during their preparation, storage and transportation immediately prior to delivery to IBEROMAIL;
- Not to deliver to IBEROMAIL, for transportation, any of the articles referred to in paragraph 2 of these General Conditions, under penalty of being held accountable for damage caused;
- Ensure the veracity and completeness of all the information provided, as well as the observance / participation of impediments, formalities and customs dates in the entrance of the merchandise in the country in order to allow the delivery in the agreed terms;
- To pay invoices issued by IBEROMAIL, as well as other expenses associated with the carriage of goods contracted.
- TRANSPORT RESTRICTIONS
IBEROMAIL does not accept for carriage goods that, pursuant to the law or other national or international regulations, in particular the ICAO (International Civil Aviation Organisation), IATA (International Air Transport Association), ADR (European Road Transport Regulation on Dangerous Goods) and RPE (National Regulation on the Transport of Hazardous Goods by Road) regulations, are excluded or are subject to special conditions or requirements.
Merely by way of example, and without implying any limitation as to other articles that should be considered as excluded from carriage, the shipper warrants that the volumes shipped do not include bank notes, securities of realizable value, jewellery, precious metals, stones or other objects, works of art whose value and nature have not been previously declared, fireworks, weapons, ammunition and explosives, fuels or narcotic drugs or illegal drugs.
The shipper shall be solely and exclusively responsible for such losses as it may cause IBEROMAIL or third parties for having entrusted to the former goods covered by the exclusions referred to hereabove.
In the event of doubt as to the exclusion of some goods, the shipper must consult IBEROMAIL at the following e-mail address email@example.com and must await a written reply before entrusting the goods to it for carriage.
The shipper shall pack and label the goods carefully and properly, in a manner such as to avoid damage to IBEROMAIL and to third parties and to protect the integrity of the goods from normal transportation risks, which involve repeated handling (loading and unloading).
The packages must be closed, resistant and suitable for the carriage of their content.
Failure by the shipper to fulfil this obligation will render it liable for damages suffered by the goods and for losses caused to IBEROMAIL or to third parties.
Should the shipper so request, IBEROMAIL may provide suitable packaging for the carriage, under such conditions as may come to be agreed.
The shipper agrees that packages offered for carriage may be subject to inspection, either physically (through the opening thereof) or through the use of proper equipment for the purpose by IBEROMAIL or by any authority, in particular customs.
- CUSTOMS FORMALITIES
The Sender declares that they are aware that all orders sent across national borders will be subjected to a customs clearance process before delivery to the recipient.
If there is need to comply with customs clearance operations, or others of a similar nature for the transport of goods, Iberomail undertakes to report to the sender the existence of customs blocking or other similar situations; in such cases it is enough for the sender to request sending proof of the situation of the goods, for Iberomail to send a print screen of the website to track & trace the goods, including that indication. Failure to issue an official document by the customs of a particular country on customs blocking and/or prohibition of entry of goods cannot be relied upon against Iberomail, nor can the latter be hampered by the absence of said document, if there is a need to invoke the customs blocking and/or entry ban with the client and/or any administrative and/or judicial entity.
The shipper is responsible for the delivery to IBEROMAIL of all documents needed to carry out the customs formalities in accordance with applicable law and it shall have sole and exclusive responsibility for the exactness thereof.
The shipper is also liable for the payment of any charges, levies and taxes related to the customs clearance of the goods or of costs incurred at the destination.
The shipper undertakes to provide true, complete and correct information regarding the import and export of the goods and shall have sole responsibility for the falsehood, incompleteness or inaccuracy of the information provided and for such losses as IBEROMAIL may suffer as a result of breach of this obligation, particularly as a result of legal proceedings that may be brought against IBEROMAIL.
If the sender so requests in writing, IBEROMAIL shall act in order to comply with the customs clearance operations, exclusively on account and on behalf of the sender.
If delivery of goods is not possible for reasons not attributable to IBEROMAIL related to issues of impossible customs clearance, they will be returned to the premises of Iberomail and the customer will be given notice thereof and, where possible, of the reason for the return (whether it is customs blocking or another), attaching, for all due purposes, proof of track & trace, which is irrevocable proof of the existence of a reason not attributable to Iberomail for the impossibility to deliver the goods.
The sender expressly acknowledges the responsibility to observe the applicable laws, rules and regulations, in all relevant countries, when an Order crosses borders, giving rise to customs clearance.
The sender shall be liable for all and any consequences of breach of applicable customs legislation, rules and regulations.
- WEIGHT AND DIMENSIONS OF THE PACKAGES
IBEROMAIL shall not receive for transportation any package whose weight exceeds 30 kg (thirty kilograms).
IBEROMAIL shall not receive for transportation any package whose dimension exceed 3 (three) linear metres calculated in keeping with the following formula:
(2 x height + 2 x width + length) = 3 metres
IBEROMAIL reserves the right to correct any difference in weight or volume that it may find.
- DELIVERY CONDITIONS
The contracted services include delivery of the goods to the address of the consignee, unless, by virtue of their weight or volume, they cannot be handled by a single person, in which case the service will terminate upon delivery to the ground floor of the address of the consignee.
At its convenience, IBEROMAIL may carry out the transportation using its own resources or those of third parties, and it will choose the route, possible stopovers and means of transport that it considers most suitable for the provision of the service.
If the recipient of the order is not at the address provided by the sender for delivery, Iberomailshall issue a statement indicating the date and time of attempted delivery, which will be deposited in the mailbox – if there is one – expressly stating that the recipient has 5 (five) business days to collect the Order.
The order, in situations of absence of the recipient at the address provided for delivery, shall be stored in a ParcelShop of Iberomail for a maximum of 5 (five) business days, for the recipient to collect it within that period.
After the 5 (five) days for the recipient to collect order at the place instructed by Iberomail have elapsed, if the order has not been collected, i.e. if delivery is not possible for reasons attributable to the recipient, the order will be returned to Iberomail, which will report the situation to the sender.
The sender hereby declares that they are aware and accept that, in the situations listed below, Iberomail shall be granted the right to charge additional fees, to be reported to the sender depending on the existing situation:
- a) Second delivery attempt;
- b) Change of delivery address, after engagement of IBEROMAIL;
- c) Delivery of orders in remote zones;
- d) Delivery in large surfaces
All goods must be accompanied by the documents required by legislation in force, the shipper being solely responsible for the lack or incorrectness of any document and for such consequences as may arise therefrom for the shipper, for IBEROMAIL or for any third party.
- CARRIER’S LIABILITY
The carrier’s liability is limited to the direct loss and to the limits set out in applicable legislation for national and international transport. When no limits are set out in applicable legislation, the following shall be considered:
IBEROMAIL’s liability in respect of any shipment is limited to its actual cash value and shall not exceed €8 (eight euros) per kilogram of gross weight of goods missing or damaged, with a maximum limit of €250 (two hundred and fifty euros).
In any event, special or indirect damages are totally excluded from the carrier’s liability, including, but not limited to, loss of profits, profit, interest, future business, etc., even though they had been previously identified by the carrier.
Claims shall be limited to one per shipment contracted.
Should the shipper consider that the value of the goods exceeds the limits of liability referred to in the previous paragraphs, it shall expressly state the said value and request an increase of liability to the desired amount and must always contact our services for the purpose. The minimum insured value is €10 (ten euros) per service.
- EXCLUSIONS OF THE CARRIER’S LIABILITY
Without prejudice to the other exclusions set forth in the applicable law or regulations, IBEROMAIL shall not be liable if the merchandise or part of it is lost, lost, damaged or delayed or cannot be delivered to the recipient as a result of circumstances beyond its control, fortuitous cases or force majeure, or acts or omissions by the Client or third party, such as, by way of example:
- Insufficient or incorrect address, or incorrectly filled in waybill;
- Poor or inadequate packing;
- Failure by the shipper to comply with the General Conditions;
- The goods constitute an article excluded under these General Conditions, even though IBEROMAIL may have accepted the transport by mistake or ignorance;
- War (declared or not), civil war, invasion, enemy acts, terrorism, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation or requisition, destruction by or under the order of any government or public or local authority;
- Strikes, lock-outs, labour disturbances, riots and other alterations of public order;
- Natural disasters, such as earthquakes, tornadoes, waterspouts, flash flooding or volcanic eruptions;
- Ionization, radiation or contamination by radioactivity from any nuclear waste or fuel or its combustion;
- Retention or disruption of the shipments by act of a legal, police or public-administration entity;
- Non-compliance with timetables by airlines, railway companies, shipping companies or other;
- Act or omission of any customs or customs entities, airlines, airports or public authorities or officials.
- Failure to comply with any restrictions, customs formalities or customs duties on the arrival of the merchandise in the country of destination.
9. IMPEDIMENT OF THE DELIVERY AND RETURN OF THE MERCHANDISE
If there is an impediment or impossibility to deliver goods, for reasons not attributable to IBEROMAIL, the sender will be prompted to indicate the destination they wish to give to the goods, within 5 (five) days of receipt of the returned goods.
The sender must inform Iberomail within 5 (five) days, from the date of receipt of the notice, of the intended destination of the returned goods.
Iberomail is not obliged to refund the sender where any of the circumstances below arise:
- a) Recipient address incomplete, illegible, incorrect or impossible to locate,
- b) Corporate recipient address closed,
- c) Delivery impossible due to unavailability or refusal of an eligible person to accept delivery or sign delivery of the Shipment, whether in the initial attempt or in other delivery attempts,
- d) Impossibility to clear the order through customs, as described in paragraph 4,
- e) Possibility that the goods shall cause damage or delay to other goods or damage to persons or property,
- f) The goods contain prohibited items;
- g) If the Recipient cannot or refuses to pay for an order charged to the recipient,
- h) If the goods have been improperly packaged or
- i) If the goods have damaged contents or packaging that makes it impossible to re‐wrap them.
In any of the situations above, which are expressly causes unrelated to any conduct of Iberomail, the amount corresponding to transport to Iberomail as agreed will be due, and the sender will be asked for express instructions on the destination of the goods.
The sender hereby declares that they acknowledge that, in case of impossible delivery of goods to the recipient not attributable to Iberomail, in the terms above, they are liable or the costs that Iberomail bears for returning the goods and also for forwarding (when requested) and storage of the goods (when requested).
IBEROMAIL accepts the goods for shipment with reservation as to their condition, since, as they as duly packed at the moment of their reception, it is not known whether they have any defects, hidden or apparent. IBEROMAIL will not accept packages for transport showing evidence of violation or external damage.
It is assumed that the goods were delivered by IBEROMAIL in good condition unless the consignee, upon reception of the goods, reports any damage on the waybill or similar document.
Any complaint must be made in writing and sent to the IBEROMAIL offices within 8 days of the date of reception of the goods and after payment of the respective carriage costs.
Considering the reservation made upon acceptance, complaints will not be accepted regarding goods the exterior of the transportation packaging of which shows no signs of violation or damage to its exterior.
The burden of proof that the damage claimed occurred after IBEROMAIL received the object and until it was delivered to the consignor lies with the complainant
The terms of this Agreement are considered as accepted by the customer after signature of the waybill at the time of collection/ delivery of the goods.
- PRICES AND PAYMENT
The shipper undertakes to pay the costs relating to the transport, plus VAT, in accordance with the price lists in force applicable to the service contracted or agreed with IBEROMAIL in a special manner.
The price is due up until the act of delivery of the goods for shipment, unless a different term has been agreed in writing between the parties.
The price may be paid by bank transfer or by credit or debit card
All taxes or import duties or other levies or taxes on goods shall be paid by the time of delivery of the goods to the consignee.
IBEROMAIL shall refund the amount paid for the contracted services upon occurrence of one of the following circumstances:
- In case of non-delivery for reasons attributable to them through proven intent or negligence;
- In case of damage during shipment, default of the package, when made by Iberomail, through intent or negligence.
Excluded from the situations above are those occurring for reasons not attributable to Iberomail, which cannot be held responsible if delivery is not possible for reasons not due to intent or negligence.
- CLIENT PERSONAL DATA TREATMENT
Iberomail clients personal data handling conditions are:
- E-mails received in pre-contractual arrangements are shared internally only by the administrative staff in charge of the contractual processing of the service in question.
- The personal data shared with the transport companies are only those that are necessary and mandatory for the accomplishment of the delivery service and previously contracted with the client (service adjudicator) and partners (transport company).
- E-mails will be kept until the delivery confirmation or the handling of lost items (if applicable) after which they are deleted.
- Only the data legally required for billing are kept, they are kept in an encrypted pseudonymization file accessed only by and for this purpose.
- The data of the users of the Iberomail platform “Cartas de Porte”, are stored in a dedicated server in a pseudonymization file and properly protected by a firewall (with active maintenance by a specialized technician).
- The waybills are legal documents, for this reason they are kept for the maximum time legally required by Portuguese law, in a filing cabinet.
If any of the clauses of these General Conditions comes to be declared invalid or unenforceable for any reason, the remaining provisions shall remain in force and, in that part affected, the applicable subsidiary rules shall apply.
- AT CODES: PROPERTY CIRCULATION SCHEME
The Sender is responsible for observing the property circulation scheme subject to transactions between VAT taxpayers, in particular with regard to the obligation and requirement of accompanying transport documents, approved by Decree‐Law 147/2003 of July 11th, as amended by Decree‐Law 28/2019 of February 15th.
Whenever the sender is deemed a taxable person, in the terms and for the purposes of article 2 of the VAT Code, has had a turnover of more than € 100,000.00 (one hundred thousand euros) per year, they are required to identify, for each order, the single document code.
The sender is solely and exclusively responsible for procuring the single code (or AT code), which shall be communicated by the Tax Authority before the time of collection or receipt of these orders by Iberomail, so that they can track the transport from collection to delivery at the final recipient.
Iberomail is a company in the business of transportation solutions, national and international distribution of mail, periodicals and orders, and the sender acknowledges that Iberomail cannot validate all orders, especially if covered by the provisions of Decree‐Law 147/2003, of June 11th, or if the assumptions are met for releasing them (order accompanied with invoice, when the recipient is an individual or if the customer business volume is less than € 100,000.00 per year).
The Sender is solely responsible for reporting to Iberomail, where legally applicable, the single code issued by the Tax Authority.
For breach of the formalities imposed by Decree‐ Law 147/2003, of June 11th, in its current wording, the sender is solely responsible for all fines, penalties and offences levied on Iberomail and for any losses, such as – but not limited to – Iberomail vehicle immobilisation costs caused directly or indirectly by that breach.
If Iberomail is ordered to pay any fine or penalty related to non compliance with the Goods Circulation Scheme, in the terms above, the Sender/Client states that they acknowledge that Iberomail has the right to pursue remedies on them for the amounts that they are sentenced to pay, and can bring the competent lawsuit to be reimbursed of these values.
16. APPLICABLE LAW AND JURISDICTION
In the event that the carriage involves two or more countries, for the resolution of all disputes arising out of these General Conditions Portuguese jurisdiction courts shall have sole competence, and in any case Portuguese law and/or international conventions to which the Portuguese State is a party shall apply.
For the resolution of all matters arising from the transport agreement to which these General Conditions refer, the courts of Lisbon shall have sole jurisdiction.
In case of dispute the consumer may also have recourse to the following Dispute Resolution Entity:
Lisbon Consumer Conflicts Arbitration Centre
Address: Rua dos Douradores, N.º 108, 2.º e 3.º, 1100-207 Lisboa
Telephone: 21 880 70 30
Fax: 21 880 70 38
Any request for clarification about these General Conditions or relating to the carriage shall be addressed via email to: firstname.lastname@example.org