The contracting of services from Iberomail Correio Internacional SA, legal entity no. 505 441 241, with registered office at R. Prof. Henrique de Barros, 5, 2685-339 Prior-Velho, and share capital of €50,000 (fifty thousand euros), hereinafter referred to as “IBEROMAIL”, means that the sender, on its own behalf and on behalf of all other parties interested in the transport, accepts these GENERAL CONDITIONS, which shall be in force in all circumstances, even if the sender has not signed the Waybill / Waybill on which they are affixed, unless expressly replaced by a written document signed by an IBEROMAIL representative who, under the terms of the Law, has the power to do so.
In all matters not covered by these GENERAL CONDITIONS, international conventions and national legislation on the transport of goods shall apply.
Without prejudice to other obligations arising from the Law, these GENERAL CONDITIONS or other relevant documents, the Client’s obligations include:
IBEROMAIL does not accept for transport goods that, under the terms of the Law or other national or international regulations, specifically the ICAO (International Civil Aviation Organization), IATA (International Air Transport Association), ADR (European Road Transport Regulation on Dangerous Goods) and RPE (National Regulation for the Transport of Dangerous Goods by Road) regulations, are excluded or subject to special transport requirements or conditions.
By way of example only, and without this indication implying any limitation as to other items that should be considered excluded from transport, the shipper guarantees that the shipped items do not include banknotes, securities, coins, jewelry, metals, precious stones or other precious objects, works of art whose value and nature have not been previously declared, pyrotechnic articles, weapons, ammunition and explosives, fuels or narcotics or illegal drugs.
The sender will be solely and exclusively responsible for any damages that may be caused to IBEROMAIL or third parties by entrusting IBEROMAIL with goods covered by the aforementioned exclusions.
In case of doubt regarding the exclusion of any goods, the sender should consult IBEROMAIL at the following email address: iberomail@iberomail.com, and should await a written response before entrusting the goods for transport.
The sender must carefully and adequately pack and label the goods in order to avoid damage to IBEROMAIL and third parties and to protect the integrity of the goods from the normal risks of transport, which involve repeated handling (namely, loading and unloading).
The packaging must be closed, resistant and suitable for transporting its contents.
Failure by the sender to comply with this obligation will make them liable for any damage to the goods and for any losses caused to IBEROMAIL or third parties.
If the shipper so requests, IBEROMAIL may provide suitable packaging for transport, under the conditions to be agreed upon.
The sender accepts that the packages delivered for transport may be subject to inspection, either physical (by opening them) or through the use of equipment specifically designed for this purpose, by IBEROMAIL or any authority, especially customs authorities.
The Shipper acknowledges that all shipments sent beyond national borders will be subject to customs clearance before delivery to the recipient.
If customs clearance or other similar procedures are required for the transport of goods, IBEROMAIL undertakes to inform the shipper of any customs blockage or similar situations. If the shipper requests proof of the goods’ status, IBEROMAIL will simply send a print screen of the website’s track & trace information showing this status. The non-issuance of an official document by the customs of a given country, the customs blockage and/or the prohibition of entry of goods, cannot be used against IBEROMAIL, nor can IBEROMAIL be prejudiced by the absence of said document, should it be necessary to invoke the customs blockage and/or prohibition of entry with the client and/or any administrative and/or judicial entity.
If the shipper requests it in writing to IBEROMAIL, IBEROMAIL will act to handle customs clearance operations exclusively on behalf of and in the name of the shipper.
The sender is responsible for delivering to IBEROMAIL all documents necessary for the execution of customs formalities in accordance with applicable legislation and for the accuracy of which they will be solely and exclusively responsible.
The sender is also responsible for the payment of any charges, fees and taxes related to the customs clearance of the goods or for the costs incurred at the destination.
The sender agrees to provide true, complete, and accurate information regarding the import and export of the goods, being solely responsible for any falsity, incompleteness, or inaccuracy of the information provided, and liable for all damages that IBEROMAIL may suffer as a consequence of non-compliance with this obligation, particularly as a result of any legal action that may be brought against IBEROMAIL.
Even though IBEROMAIL may provide assistance to the sender, whenever requested in writing, in fulfilling customs formalities, it will always do so at the sender’s own risk.
If it is found that delivery of the goods is not possible due to a reason not attributable to IBEROMAIL related to customs clearance issues, the goods will be returned to IBEROMAIL’s facilities. The customer will be notified of the return and, whenever possible, of the reason for the return (whether it is a customs issue or other), attaching, for the due purposes, the track & trace document, which constitutes irrevocable proof of the existence of a reason not attributable to IBEROMAIL for the impossibility of delivering the goods.
The sender expressly acknowledges that it is their responsibility to comply with the applicable laws, rules and regulations in all countries in question when a shipment crosses borders, giving rise to customs clearance.
The sender will be responsible for any and all consequences of non-compliance with applicable legislation, rules and customs regulations.
IBEROMAIL will not accept for transport any package whose weight exceeds 30 kg (thirty kilograms).
IBEROMAIL will not accept for transport any package whose dimensions exceed 3 (three) linear meters calculated according to the following formula:
(2 x height + 2 x width + length) = 3 meters
IBEROMAIL reserves the right to rectify any difference in weight or volume that it finds.
The contracted services include delivery of the goods to the recipient’s address, unless, due to their weight or volume, they cannot be handled by a single person, in which case the service will be completed with delivery to the ground floor of the recipient’s address.
IBEROMAIL, at its convenience, will carry out the transport using its own means or those of third parties and will choose the route, any stops, and means of transport that it deems most suitable for providing the service.
If the recipient of the package is not at the address indicated by the sender for delivery, IBEROMAIL will issue a notice indicating the date and time of the attempted delivery, which will be deposited in the post office box – if one exists – expressly indicating that the recipient has 5 (five) business days to collect the package.
If the recipient is not present at the indicated delivery address, the order will be stored at IBEROMAIL’s ParcelShop for a maximum of 5 (five) business days, allowing the recipient to collect it within that same period.
If the 5 (five) business day period for collection by the recipient at the location indicated by IBEROMAIL has elapsed and the order has not been collected, i.e., if delivery is not achieved due to a reason attributable to the recipient, the order will be returned to IBEROMAIL, which will notify the sender of the situation.
The sender hereby declares to be aware and to accept that, in the situations indicated below, IBEROMAIL is granted the right to charge additional fees, which will be notified to the sender according to the existing situations:
a) Second delivery attempt;
b) Change of delivery address after contracting IBEROMAIL;
c) Shipment of orders to remote areas;
d) Deliveries to large supermarkets
All goods must be accompanied by the documents required by current legislation, and the shipper is fully responsible for the lack or inaccuracy of any document and the consequences that may arise for the shipper, for IBEROMAIL or for any third party.
The carrier’s liability is limited to direct loss and to the limits established in current legislation for national and international transport. When there are no limits provided for in applicable legislation, the following will be considered:
IBEROMAIL’s liability in relation to any transported shipment is limited to its actual monetary value, and cannot exceed €8 (eight euros) per kilogram of gross weight of missing or damaged goods, with a maximum limit of €250 (two hundred and fifty euros) per order.
In any case, special or indirect damages, including but not limited to lost profits, losses, interest, future business, etc., are totally excluded from the carrier’s liability, even if they had been previously identified by the carrier.
Claims will be limited to one per contracted shipment.
If the sender considers that the value of the goods exceeds the liability limits referred to in the preceding paragraphs, they must make an express declaration of said value and request an extension of liability up to the desired value, always contacting our services for this purpose. The minimum insured value is R$ 10 (ten reais) per service.
Without prejudice to other exclusions provided for in the applicable Law or regulations, IBEROMAIL will not be liable if the goods or part thereof are lost, misplaced, damaged, delayed, or cannot be delivered to the recipient due to circumstances beyond its control, acts of God or force majeure, or acts or omissions on the part of the Client or a third party, such as, by way of example only:
Insufficient or incorrect address, or deficient completion of the Waybill or Waybill;
Non-observance/compliance with any restrictions, formalities, or customs fees upon entry of the goods into the destination country.
If an impediment or impossibility of delivery of the goods is found, beyond the control of IBEROMAIL, the sender will be notified to indicate the intended destination of the goods, within a maximum period of 5 (five) days from the receipt of the returned goods.
The Shipper must inform IBEROMAIL within 5 (five) days from the date of receipt of the communication, of the desired destination for the returned goods.
IBEROMAIL is not obligated to reimburse the sender whenever any of the circumstances listed below occur:
If the goods have damaged contents or packaging in such a way that it is not possible to repackage them.
If any of the situations indicated above occur, which are expressly causes beyond the control of any conduct on the part of IBEROMAIL, the corresponding transport value will be due to IBEROMAIL under the agreed terms, and express instructions will be requested from the sender regarding the destination of the goods.
The sender hereby acknowledges that, in the event of impossibility of delivery of the goods to the recipient not attributable to IBEROMAIL, under the terms indicated above, they are responsible for the costs incurred by IBEROMAIL for the return of the goods, as well as for reshipment (when requested) and storage of the goods (when requested).
IBEROMAIL accepts the Merchandise for shipment with reservations regarding its condition, considering that, being packaged at the time of receipt, it is unaware of any hidden or apparent defects. IBEROMAIL will not accept transport packaging that shows signs of tampering or damage to its exterior.
It is presumed that the Merchandise was delivered by IBEROMAIL in good condition, unless the recipient indicates, upon receipt of the merchandise, any damage to the transport document or similar document.
Any complaint must be submitted in writing and sent to IBEROMAIL’s offices within a maximum of 8 days from the date of receipt of the merchandise and after payment of the respective freight charges.
Considering the reservation that will be made upon acceptance, complaints will not be accepted for merchandise whose transport packaging does not show signs of tampering or damage to its exterior.
The claimant has the burden of proving that the claimed damages occurred from the time IBEROMAIL received the item until it was delivered to the recipient.
The conditions of this contract are considered accepted by the client upon signature of the Waybill/Bill of Lading when the goods are collected/delivered.
The sender is obliged to pay the costs related to transport, plus VAT, according to the applicable rates for the contracted service or agreed with IBEROMAIL specifically.
The price is due upon delivery of the goods for shipment, unless a different deadline has been agreed in writing between the parties.
The price may be paid by bank transfer or by credit or debit card.
All import duties or other fees or taxes applicable to the goods must always be paid upon delivery of the goods to the recipient.
IBEROMAIL guarantees a refund of the amount paid for the contracted services in the event of one of the following circumstances:
In case of non-delivery due to a proven act of intent or negligence on its part.
In case of damage occurring during transport due to defective packaging, when the packaging was done by IBEROMAIL, due to intent or negligence.
The situations indicated above do not include those that occur due to a fact not attributable to IBEROMAIL, and IBEROMAIL cannot be held responsible when delivery is not possible due to a fact that did not occur due to intent or negligence.
Without prejudice to the provisions of Iberomail’s privacy policy, available at www.iberomail.com, which must be consulted at https://iberomail.com/politica-privacidade/
The conditions for processing Iberomail clients’ personal data are as follows:
contractual details of the service in question.
archiver.
If any of the clauses contained in these GENERAL CONDITIONS are declared invalid or ineffective for any reason, the remaining clauses shall remain in force, with the applicable supplementary rules applying to the affected part.
The Shipper is responsible for compliance with the regime of goods in circulation subject to transactions between VAT taxable persons, namely regarding the mandatory nature and requirements of the transport documents that accompany them, approved by Decree-Law 147/2003, of July 11, amended by Decree-Law 28/2019, of February 15.
Whenever the sender is considered a taxable person, under the terms and for the purposes of Article 2 of the VAT Code, and has had a turnover exceeding €100,000.00 (one hundred thousand euros) per year, they are obliged to identify the unique document code on each shipment.
The sender is solely and exclusively responsible for obtaining the unique code (or AT code), which must be communicated by the Tax Authority (AT) before the collection or receipt time of these shipments by IBEROMAIL, so that they can track the transport from collection to delivery to the final recipient.
IBEROMAIL is a company dedicated to transportation solutions, national and international distribution of mail, periodicals, and parcels. The sender acknowledges that IBEROMAIL cannot validate all parcels, specifically whether they fall under the provisions of Decree-Law 147/2003 of June 11th or if the conditions for exemption are met (parcel accompanied by an invoice, when the recipient is a private individual, or if the client’s turnover is less than €100,000.00 per year).
The sender is solely responsible for communicating the unique code issued by the Tax Authority to IBEROMAIL, whenever legally applicable.
Due to non-compliance with the formalities imposed by Decree-Law 147/2003, of June 11, in its current wording, the sender is solely responsible for all fines, penalties and administrative offenses applied to IBEROMAIL and any damages, such as – without limitation – the costs of immobilizing IBEROMAIL’s vehicle, that are caused directly or indirectly by this non-compliance.
Should IBEROMAIL be ordered to pay any fine or penalty related to non-compliance with the Goods in Circulation Regime, as indicated above, the Shipper/Client acknowledges that IBEROMAIL has the right to recourse against it for the amounts it is ordered to pay, and may initiate appropriate legal action to be reimbursed for these amounts.
16. APPLICABLE LAW, JURISDICTION AND VENUE
Involving transport between two or more countries, the Portuguese jurisdiction shall be exclusively competent for the resolution of all disputes arising from these GENERAL CONDITIONS, and in any case, Portuguese law and/or international conventions to which the Portuguese State is a party shall apply.
The courts of Lisbon shall be exclusively competent for the resolution of all issues arising from the transport contract referred to in these GENERAL CONDITIONS.
In case of dispute, the consumer may also resort to the following Dispute Resolution Entity:
Lisbon Consumer Conflict Arbitration Centre
Address: Rua dos Douradores, No. 108, 2nd and 3rd floors, 1100-207 Lisbon Telephone: +351 21 880 70 30
Fax: +351 21 880 70 38
Any request for clarification regarding these GENERAL CONDITIONS or relating to transport should be sent via email to: iberomail@iberomail.com
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