General Contract Terms and Conditions

for the site www.europacco.com 
hereinafter also “EUROPACCO”

Recitals

A. EUROPACCO provides shipping services and/or any additional services for "private" and "business" customers through its website www.europacco.com. These General Contract Terms and Conditions are therefore applicable to both professional customers and customers classified as “consumers”.
B. EUROPACCO provides its services exclusively on the basis of these General Contract Terms and Conditions, regardless of the manner in which the order is placed.
C. These General Contract Terms and Conditions shall be made available to the Customer before concluding the contract and/or before the Customer sends the order to EUROPACCO and may also be consulted on the website www.europacco.com. These General Contract Terms and Conditions are an integral and substantive part of every contract entered into by EUROPACCO and shall be deemed to be expressly accepted by the Customer at the latest when the Customer sends the order to EUROPACCO and/or the confirmation of EUROPACCO’s offer and/or the written or oral confirmation of EUROPACCO’s proposed price list and/or, in any case, when the Customer delivers the items to be shipped to EUROPACCO or the carrier designated by EUROPACCO.
D. The Customer represents that the items handed over to EUROPACCO or to the carrier designated by EUROPACCO are wrapped and packed in accordance with the specified means of transport, as well as in accordance with the tax and administrative laws of the countries where they will be transported to or through. The Customer releases EUROPACCO from any and all liability in this regard.

Now, therefore, the following General Contract Terms and Conditions apply: 

1. Recitals

1.1. The recitals are an integral and substantive part of these General Contract Terms and Conditions (hereinafter referred to as "GTCs") and of all contracts concluded by EUROPACCO.

2. Definitions

2.1. The Forwarder or EUROPACCO (hereinafter "EUROPACCO") provides shipping services and/or any additional services via the www.europacco.com website. Upon execution of the forwarding contract, EUROPACCO shall be authorised to enter into one or more transport contracts in its name and on the Customer’s behalf or interest and to handle any associated additional services, if expressly agreed in writing.
2.2. The "Customer" is the natural and/or legal person, company or entity that places the order on the website www.europacco.com and authorises the Forwarder to conclude transport contracts and perform any related additional services, provided the same has been expressly agreed in writing. 
2.3. The "Carriers" are the natural and/or legal persons, companies or entities that physically perform the carriage, in whole or in part, namely, the pickup, delivery and storage of the goods to be shipped.

3. Scope of application

3.1. All of EUROPACCO's offers, services, supplies and performances shall be carried out exclusively on the basis of these GTCs.
3.2. These General Contract Terms and Conditions are an integral and substantive part of all contracts that EUROPACCO enters into with the Customer for the services it provides, unless otherwise agreed in writing. These GTCs shall also apply to all future services provided to the same Customer.
3.3. Any general contract terms and conditions of the Customer or third parties that deviate from these GTCs shall not apply. The above-mentioned general contract terms and conditions shall also not apply even where EUROPACCO does not expressly object to their application in each individual case. Even if EUROPACCO makes reference to a document that contains or refers to the Customer's or a third party's general contract terms and conditions, the same shall not imply agreement to the application of such general contract terms and conditions, nor does it imply acceptance thereof. Likewise, local customs do not apply.
3.4. These GTCs shall not govern the legal relationship between carriers and customers, between different carriers and/or between different customers, even if EUROPACCO entered into the related transport contract as a Forwarder.
3.5. EUROPACCO reserves the right to amend these GTCs at any time and without notice. Any such amendments shall take effect when published on the website www.europacco.com and shall apply automatically to all contracts concluded thereafter.
3.6. Amendments shall also be deemed tacitly accepted, with regard to existing contracts, if the Customer does not object to them within 4 (four) weeks from their publication. After that period, silence shall be deemed to constitute consent, and the amended GTCs shall become part of the contract(s) in force when the amendments are published. 

4. Execution of the contract, acceptance of the order and scope of services

4.1. The services offered by EUROPACCO are subject to change without prior notice, particularly with regard to rates, delivery times and additional services. The services offered on the website www.europacco.com do not constitute a binding offer to enter into a contract. 
4.2. The contract shall be deemed executed only when EUROPACCO expressly states that it accepts the order (order confirmation) or when EUROPACCO provides the service to the Customer, even without an express statement of acceptance. EUROPACCO reserves the right to refuse orders without providing a reason and the Customer shall have no right to assert any right or claim.
4.3. Once the order has been placed by the Customer and/or confirmed by EUROPACCO, EUROPACCO shall, in its discretion, conclude the transport contract and any additional services expressly agreed to in writing. 
4.4. EUROPACCO shall perform the shipping services with the necessary diligence. 
4.5. EUROPACCO is free to conclude transport contracts that provide for the carriage of the Customer's goods at the same time as the carriage of third-party goods. 

5. Prices and payment terms

5.1. Subject to these GTCs, the prices indicated at the time of booking the order shall apply.
5.2. The limits and restrictions (measurements, weights, etc.) on each order, as well as the applicable rates and costs, are shown in the price lists published on the website www.europacco.com. The prices listed therein refer to shipments with pickup and/or delivery at the roadside. Pickup at and/or delivery to the storey is considered an additional service, which thus requires an express written agreement, and will be invoiced separately by EUROPACCO.
5.3. If the departure or the destination chosen by a Customer is an island or a remote area, EUROPACCO reserves the right to make price changes not listed on the website www.europacco.com. The amount to be paid for shipments with pickup or final destination in a town on an island or in a remote area shall vary depending on how the delivery is completed. Additional porterage charges may apply for shipments to be picked up and/or delivered on the Minor Islands, Venice lagoon or remote zones.
5.4. The Customer shall be responsible for costs of storage of shipments in hubs, warehouses and sorting centres.
5.5. The rates shown in the general price lists may be changed by EUROPACCO at any time without prior notice. It is the Customer's responsibility to consult the prices and costs applied based on the current price lists before booking the order.
5.6. Unless otherwise specified, all prices include value added tax at the statutory rate, where applicable.
5.7. Prices do not include any customs duties and charges and/or broker fees relating to the customs clearance of the shipment, which are the sole responsibility of the Customer or recipient of the shipment. 
5.8. Payment for shipment must be made in advance by credit card or other means of payment specified when booking the order (e.g., Paypal, etc.).
5.9. In the event of late payment of the amounts due to EUROPACCO, the Customer shall pay to EUROPACCO, without any need for request or formal notice, interests on the overdue amounts calculated on an annual basis at the rate indicated in the Italian Legislative Decree No. 231 of 09 October 2002, as from the payment due date until payment is made in full.
5.10. EUROPACCO has towards the Customer and all other contracting parties a lien and a right of retention on the items and other goods in its possession for the amounts due or coming due and may also claim this right against the recipient and/or owner of the items.

6. Terms and conditions for pickup

6.1. Pickups are made exclusively on weekdays from Monday to Friday by the carrier designated by EUROPACCO. The Customer can select the desired pickup date when booking the order.
6.2. Following confirmation of shipment, the carrier will pickup the order at the pickup address indicated by the Customer and, barring unforeseen circumstances on the day chosen by the Customer. If the Customer made no selection, the pickup will be made as soon as possible. 
6.3. The terms indicated by EUROPACCO in the order confirmation or other documents, particularly the date of pickup and delivery, shall be considered to be non-binding approximate terms.
6.4. EUROPACCO assumes no responsibility for compliance to pickup and delivery terms and shall thus under no circumstances be held liable for delays in the pickup and transport and/or delivery of a shipment. This applies regardless of the reason for the delay, or any instructions received from the Customer regarding specific pickup terms, even if such terms are stated in the order and/or order confirmation.
6.5. If the requested pickup cannot be carried out for reasons that are not the fault of EUROPACCO, EUROPACCO shall be entitled to an additional fee for each subsequent access. 
6.6. No reimbursement can be sought for shipments not made if pickup is not possible for reasons that are not the fault of EUROPACCO or the carrier.
6.7. The Customer undertakes to apply solely the waybill received by e-mail following the shipment order confirmation and releases EUROPACCO from all liability regarding proper preparation of the shipment. The Customer acknowledges that EUROPACCO does not in any way verify the accuracy of the information provided by the Customer when the order is placed and releases EUROPACCO from any liability in this regard.
6.8. Pickups will not be made from warehouses, garages or uninhabited premises lacking an indication of the address stated when the order was booked and under the conditions set out in art. 13.6. of these General Contract Terms and Conditions. Advance notice by telephone is optional. To determine the feasibility of tendering the shipment at a collection point, branch or depot of the designated carrier, the feasibility request must be made by e-mail to info@europacco.com. This service is not available for all shipments.
6.9. EUROPACCO or the carrier may check and inspect the shipment and its contents, and it shall be released from all liability in this regard. The shipment may also be opened and inspected at any time by any relevant governmental authority, including customs and supervisory bodies.

7. Packaging

7.1. The Customer undertakes to package the items handed over to EUROPACCO or to the carrier and to follow any instructions EUROPACCO may provide. 
7.2. No shipment may be handed over to the carrier without packaging.
7.3. Any indications made by the Customer regarding the shipment ("tall", "fragile", "glass", etc.) will be disregarded and EUROPACCO accepts no responsibility in this regard.
7.4. “Parcel”-type shipments must be packed in a cardboard box. The term "parcel" refers to a single package, i.e., a single box. A parcel may not consist of several packages/boxes joined together by packaging material such as film, tape, bags, etc.
7.5. “Document”-type shipments must be placed in an envelope specially designed for shipping documents. Such shipments may only be used for documents, contracts, passports, cards and other paper documents. If the carrier detects other items in the envelope, it may refuse to accept the envelope and return it to the sender or reroute it to the sorting centres. In the event that “document”-type shipment is used to send items other than permitted items, EUROPACCO may suspend all services with immediate effect and retain the full amount paid by the Customer for the carriage as administrative and handling costs.
7.6. “Pallet”-type shipments must be placed on a pallet and carefully packed with cardboard, film, polystyrene and other material to ensure the integrity of the goods during carriage. If the packaging of the pallet is inadequate and/or insufficient and/or the item cannot be stacked, EUROPACCO may modify the Customer’s packaging by adding protective material to make the shipment conforming.

8. Terms and conditions for delivery 

8.1. Deliveries are made on weekdays from Monday to Friday. One delivery attempt will be made at the destination address indicated by the Customer for each shipment. The Customer and/or recipient of the shipment shall be responsible for the costs of subsequent delivery attempts and any days of storage.
8.2. Delivery of the shipment shall be made by the carrier designated by EUROPACCO.
8.3. Should delivery to the address indicated by the Customer not be made due to the recipient’s refusal or unavailability or other reasons attributable to the Customer, or if the shipment goes into storage, EUROPACCO shall not be held liable and shall be entitled to payment of an additional fee.
8.4. Deliveries will not be made to Post Boxes/Post Office Boxes, large-scale organised distribution centres and/or similar centres, as well as in the conditions of art. 13.6. of these General Contract Terms and Conditions.

9. Delivery timing

9.1. Delivery terms for shipments are variable and are closely associated with pickup and delivery locations. The terms indicated are calculated assuming optimal conditions and may be subject to change without notice. EUROPACCO assumes no responsibility for compliance to delivery terms and can thus under no circumstances be held liable for delays in the pickup, transport and/or delivery of a shipment. This shall apply regardless of the reason for the delay or any instructions received from the Customer regarding specific delivery terms, even if the same are stated in the order and/or order confirmation. 
9.2. All carriage times indicated on www.europacco.com are in business days and start from pickup of the shipment. 
9.3. The terms indicated by EUROPACCO in the order confirmation or other documents, particularly the expected delivery date, shall be considered as non-binding estimates.
9.4. Each package in a single shipment shall travel with an individual shipment number. This may result in individual packages being delivered at different times/days.  
9.5. If a shipment cannot be picked up or delivered due to an incorrect address or incorrect information, EUROPACCO will not contact the Customer to give notice of the problem or to obtain the correct information. The Customer is responsible for monitoring the shipment and contacting Customer Service to provide the correct information. 

10. Duties and customs charges 

10.1. Prices do not include any duties, customs charges and/or costs relating to customs clearance of the shipment, which are the sole responsibility of the Customer or the recipient of the shipment. EUROPACCO assumes no responsibility for customs clearance, and the Customer undertakes to fully indemnify and hold EUROPACCO harmless from all liability in this regard.
10.2. EUROPACCO informs the Customer that customs clearance requires the assistance of the Customer, the sender of the shipment and/or the recipient of the shipment with the competent customs offices. EUROPACCO assumes no responsibility for any lack of cooperation by the Customer, sender and/or recipient with the competent customs offices or if the customs documentation is incomplete or completed incorrectly. Furthermore, EUROPACCO is exempt from all liability in the event of seizure and/or destruction of shipments containing goods prohibited by the importing or exporting country or that were not declared on the pro forma/commercial invoice and in the event of abandonment of the shipment due to customs clearance not having taken place. In addition, EUROPACCO shall not pay carriage costs and duties and customs charges if the shipment is returned.
10.3. The Customer shall be responsible for correctly completing all customs documents and must also follow any instructions provided by EUROPACCO. Should the Customer, sender and/or recipient fail to assist EUROPACCO or the carrier in completing the customs documents, EUROPACCO shall proceed in accordance with Article 12 of these GTCs.

11. Weight and dimensions

11.1. The shipment is classified according to weight and dimensions. The weight and dimensions of the shipment may not exceed the values indicated on www.europacco.com
11.2. If the shipment consists of several packages, the weight of the packages must be indicated for each package separately. The weight of packages may be combined only for "Pallet"-type shipments.
11.3. EUROPACCO reserves the right, without prior notice, to reroute shipments to goods sorting centres and to carry out checks at any time on shipments of parcels/documents/pallets with regard to the weight, dimensions, packaging and/or contents declared by the Customer and, in the event of irregularities, to block the shipment until the higher amount due based on the current price list is paid.
11.4. In the event that the weight and/or maximum permitted dimensions are exceeded, the supplement to be paid will be calculated based on the volumetric weight of the shipment. Administrative costs of EUR 5.00 plus VAT will also be added.
11.5. If the weight and/or dimensions stated by the Customer when placing the order should result to be lower when the appropriate checks are performed at the sorting centres, EUROPACCO will not refund any difference in price. 
11.6. All shipments with weights and/or dimensions differing from those stated by the Customer when placing the order shall remain in the sorting centres until the Customer has paid the difference in price.

12. Terms and conditions of storage

12.1. The Customer is responsible for monitoring the shipment. In the event of any impediment to delivery of the shipment that is not the fault of EUROPACCO, EUROPACCO may inform the Customer in accordance with Article 1690 of the Italian Civil Code. In that event, the Customer must promptly (and in any event by the end of the allowed storage period) provide instructions regarding the shipment in the form and manner required by EUROPACCO Customer Service, pay all his debts, and undertakes to fully indemnify EUROPACCO and hold it harmless in the event of any damage and/or hindrance. Failing this, EUROPACCO may return and/or abandon the shipment. The Customer shall pay all costs. If the Customer fails to pay such costs, EUROPACCO may exercise its right of retention under Articles 2756-2761 of the Italian Civil Code by storing, destroying and/or selling the goods being shipped. If the maximum permitted storage time elapses and the Customer has not complied with these General Contract Terms and Conditions, the Customer waives all rights on the shipped goods. 
12.2. Shipments arriving at the goods sorting centres (for return, rerouting or regular delivery after pickup from the sender) may be stored at EUROPACCO's Bolzano warehouse for a maximum of 5 (five) days after arrival at the warehouse. After this period elapses, storage fees for each shipment, which vary based on the weight of the shipment, will be charged to the Customer. The maximum storage time allowed at goods sorting centres is 21 (twenty-one) days. Once the maximum storage time allowed in its warehouse has elapsed, EUROPACCO will send a notice to the Customer at the e-mail address provided when the order was booked. The Customer may pickup the shipment at the warehouse no later than 7 (seven) days of receipt of the notice after payment of all costs. If the Customer fails to pickup the goods within 7 (seven) days from receipt of the notice and pay the outstanding costs, EUROPACCO shall be authorised to sell the goods in the shipment or destroy them, with the Customer charged with any additional costs of sale or destruction. 
12.3. The Customer may request return or reshipment if the shipment arrives at the goods sorting centres (for return, rerouting or regular delivery following pickup from the sender) and shall pay the outstanding costs as well as the costs of the return or reshipment, which will be communicated by EUROPACCO Customer Service. 
12.4. In addition, for warehoused domestic shipments, an administration fee of EUR 5.00 plus VAT will be charged to release the goods. For warehoused international shipments, an administrative fee from EUR 15.00 to EUR 25,00 plus VAT will be charged to release the goods.

13. EUROPACCO’s liability 

13.1. EUROPACCO is only liable to the extent indicated in these GTCs. 
13.2. EUROPACCO disclaims all liability in the event of non-performance or incorrect performance by carriers. In particular, EUROPACCO assumes no liability for compliance with delivery terms, damage to transported items, loss or destruction of transported items, damage and/or risks arising from the items themselves, damage caused by the means of transport used, etc.
13.3. EUROPACCO is not liable for shipments not performed due to computer system failures, software errors/problems and power outages. Furthermore, EUROPACCO shall not be liable if the Customer's shipment or any part of it is lost, damaged, delayed, mis-delivered or not delivered, or if EUROPACCO breaches its obligations to the Customer as a consequence of:
a) natural events including earthquakes, cyclones, storms, floods, fires, disease, fog, snow or ice; force majeure including (but not limited to) war, accidents, terrorist acts, strikes, embargoes, airspace hazards, local unrest or popular uprisings; national or local disruptions in air or ground transportation networks and mechanical problems with modes of transportation or equipment; latent or inherent defects in the contents of the shipment; criminal acts of third parties such as theft and arson;
b) acts or omissions attributable to the Customer or a third party, such as a breach of the Customer’s obligations (or a claim by another party claiming an interest in the shipment that results in a breach by the Customer) under these terms and conditions; an act or omission attributable to customs, airlines, airports or public officials;
c) the contents of the shipment including items that are prohibited or excluded from the EUROPACCO service, even if EUROPACCO accepted the shipment in error.
13.4. EUROPACCO disclaims all liability for any damage caused by inadequate and/or insufficient packaging or by the attachment of goods to the pallets (including the pallet corners) and [the Customer] releases EUROPACCO from all liability in this regard.
13.5. EUROPACCO shall not be held liable in the event that the Customer gives the carrier the wrong goods and/or a number of packages that exceeds the number of packages stated in the order placed on the website www.europacco.com, for packages given to the carrier without the EUROPACCO waybill and/or with a waybill that is not the EUROPACCO waybill, for shipments given to the carrier without having the proof of pickup signed by the driver/operator, for shipments given to a carrier different than the carrier responsible for pickup on behalf of EUROPACCO, if the pickup day is not honoured and thus the shipment is tendered in advance, and/or for shipments not complying with the packaging and the maximum weight and/or dimensions allowed. The Customer shall be solely responsible for ensuring that the goods are correctly entrusted to the carrier assigned to collect them by EUROPACCO and shall exempt the latter from any liability.
13.6. EUROPACCO accepts no liability in the following cases: storage, mis-delivery, incomplete delivery, delayed delivery, disputing of the signature on the proof of delivery and consequent rerouting, pickup, carriage and/or any type of change sent directly by the Customer to the carrier responsible for the transport. Furthermore, EUROPACCO shall not be held responsible for shipments with pickup and/or delivery to Post Boxes/Post Office Boxes, trade fairs, public institutions, airports, stadiums, construction sites, shopping malls, Large-scale Organised Distribution Centres and/or similar centres (Large-scale Specialised Distribution, Large-Scale Distribution, Organised Distribution, Specialised Distribution, etc.). 
13.7. In any event, any compensation due for domestic transportation shall be limited to a maximum of one euro per kilogram of gross weight of the lost or damaged item. For international transport, the provisions of the Convention on the [Contract for the International] Carriage of Goods by Road (CMR) of 19 May 1956, ratified by Italian Law No. 1621 of 6 December 1960, and particularly the limitations of liability under Article 23, paragraph 3, shall apply. 
13.8. In any case, EUROPACCO shall not be liable for consequential damages (such as, by way of illustration only and in no way intended to be exhaustive: loss of profits, loss of interest, moral damage or damages resulting from delays in the performance of the carriage), in express derogation of Article 1223 et seq., Italian Civil Code, even if EUROPACCO was aware that such damages or losses could occur.
13.9. In any event, the recipient must state detailed and specific reservations concerning the apparent condition of the shipment and/or packaging at the time of delivery, on the proof of delivery (POD). General reservations (such as “control reserve”) without specific indications are null and void.
13.10. All complaints and claims against EUROPACCO must be made in writing, or they shall have no effect, within 2 (two) business days from the date the goods were delivered to the recipient. Within 8 (eight) working days from receipt of EUROPACCO's proper request by e-mail, the Customer shall provide Customer Service with all documentation required to open the damage/loss file also by e-mail at info@europacco.com.

14. Insurance

14.1. Any risk not covered by these GTCs shall, where applicable, be covered by appropriate carriage and/or shipping insurance. This insurance shall be considered an additional service and thus requires an express written agreement when the order is placed and shall be invoiced separately by EUROPACCO.
14.2. The amount of the insurance premium will be as set forth in the rates applicable at the time of shipping as set out in the current price list. The maximum insurable amount is EUR 1,500.00. In accordance with Article 1907 of the Italian Civil Code, the proportional criterion is applied. Payment shall be made solely upon presentation of documentation proving the value of the item being shipped (invoice made out to the Customer). EUROPACCO's liability shall be limited to the lesser amount between the value insured by the Customer and the value indicated on the purchase invoice. Used goods, respectively new/used things as per art. 16 of these General Contract Terms and Conditions, cannot be insured.  Any compensation for damages will be paid net a 10% deductible. 
14.3. All claims must be made, or they will be invalid, within 48 (forty-eight) hours from receipt of the parcel/pallet by e-mail to info@europacco.com. A claim file will be opened only if the Customer provides the documentation indicated on the website https://europacco.com/en/cp-insurance and in any event all information and documentation proving the damage within 48 (forty-eight) hours from filing the claim, in accordance with any additional instructions on the aforementioned website.
14.4. Insurance is not available for precious stones or metals, watches/clocks, plasma screens, jewellery, money, glass, porcelain, documents, works of art, antiques, securities, important documents (e.g., passports, tender documents, bids, shares and option certificates), films, tapes, discs, memory cards or any other media containing data or images, foodstuffs and any other items excluded from the EUROPACCO service pursuant to Article 16 of these General Contract Terms and Conditions.
14.5. The insurance service is excluded for the following countries: Angola, Armenia, Azerbaijan, Ethiopia, Georgia, Iran, Kazakhstan, Kyrgyzstan, Lebanon, Liberia, Libya, Nicaragua, Nigeria, Rwanda, Sierra Leone, Russia, Turkmenistan, Uganda, Ukraine, Uzbekistan and Zimbabwe. 

15. Withdrawal and termination of the contract

15.1. If, for any reason, the Customer needs to cancel a registered shipment, the Customer must notify EUROPACCO by e-mail, submitting an explicit request to suspend the shipment and giving the relevant reasons. 
15.2. If EUROPACCO has not yet started to perform the order, EUROPACCO undertakes to return and/or not invoice the amount due for the placed order. In any event, EUROPACCO shall be entitled to retain any costs incurred (fees, expenses, etc.).
15.3. If the Customer's request reaches EUROPACCO during performance of the order, EUROPACCO reserves the faculty to return or not to invoice the amount of the shipment net of costs incurred up to that moment, without prejudice to its right to retain the entire amount paid by the Customer. 
15.4. EUROPACCO reserves the right at any time to cancel shipments that EUROPACCO cannot complete, by returning and not invoicing the amount for the shipment requested, if the order is not yet in progress.
15.5. In the event of just cause, EUROPACCO is allowed to withhold and discontinue all services with immediate effect for so long as the just cause exists and the risk of repetition still exists. In such case, the Customer shall not make any claim for damages. The Customer shall be liable for all costs incurred by EUROPACCO as a result of such events and related circumstances. As used in the preceding paragraph, just cause includes, but is not limited to:
- breach of the obligations under Articles 5.8., 5.9., 6.7., 7., 10., 12. and 16 of these GTCs;
- the items shipped do not correspond to the information provided by the Customer when placing the order (e.g.: weight, dimensions, type of shipment, handing over the goods to the carrier, etc.);
- the items shipped during the various stages of sorting and inspection show slight and/or irreparable damage; 
- the packaging is deemed unsuitable for further carriage;
- late payment by the Customer; and
- commencement of insolvency proceedings pursuant to the Italian Companies in Crisis Code or Article 1 of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015, rejection of the opening of insolvency proceedings, composition with creditors due to lack of assets or entry in the computerised defaulters file.

16. Goods excluded from the EUROPACCO shipping service

16.1. Shipping the following is expressly forbidden, and is thus excluded from the EUROPACCO service: money in any currency; antiques of any kind; revenue stamps and/or postage stamps, including collectors' items; metals and/or precious articles/objects of any kind; firearms and bludgeons; large and/or small vehicles and electric/motorised vehicles of any kind; living or dead plants; living or dead animals; perishable goods (e.g., fruit, vegetables, etc.); anabolic agents; tobacco; narcotics and drugs, including hemp/cannabis and organic material processed/derived products; works of art of any kind (statues, paintings, sculptures, candelabra, etc.); inflammable, dangerous, explosive and/or combustible objects and/or materials; furs; indecent, obscene and/or pornographic objects/articles/materials; securities of any kind; bank cheques; traveller’s cheques; all goods subject to IATA restrictions and any other items the carriage of which is prohibited by law, regulation or statute of any country to or through which the shipment may be carried. EUROPACCO will not accept parcels/documents/pallets containing the aforementioned goods.
16.2. Furthermore, it is expressly forbidden to ship dangerous goods such as flammable, explosive, polluting, radioactive, toxic and contaminating, harmful, infectious or magnetic materials, even below the limits laid down in the ADR (European Agreement concerning the [International] Carriage of Dangerous Goods by Road, Italian Law 1839/62) and IATA regulations. 
16.3. The Customer undertakes not to send any items listed in Articles 16.1. and 16.2. above under any circumstances. In the event that items listed in Articles 16.1. and 16.2. are included in a shipment or are accepted without EUROPACCO's or the designated carrier’s knowledge, EUROPACCO disclaims all responsibility and the Customer undertakes to fully indemnify and hold EUROPACCO harmless from all liability and damages. In any case, EUROPACCO shall not be liable for any loss, damage or deterioration of the goods, even if the shipment was accepted for any reason by EUROPACCO or the carrier designated by EUROPACCO. 
16.4. Shipment of the following goods is allowed at the sole risk of the Customer: keys; alcoholic beverages; electric and electronic products and appliances including components and spare parts; electric and non-electric machines, equipment, tools, objects and components; musical instruments, equipment, appliances and objects and their respective parts; components and spare parts; sanitary ware and toilet components/spare parts; sound recording and reproduction systems; static and dynamic modelling and radio-controlled products of any nature (drones, DJIs, multirotors, model airplanes, etc.); advertising and non-advertising signs, placards and logos; stationery; sports and gym articles, materials, components and equipment; large and/or small electric/motorised or non-electric/non-motorised vehicles such as unicycles, scooters, strollers, wheelchairs, tricycles, bicycles, etc.; articles, accessories, instruments, components, and spare parts for motorised and non-motorised vehicles; tyres; tyre rims; objects, statues, costumes made of expanded rubber, latex, foam, etc.; objects, articles, elements, and material for furnishings of any kind; lighting objects; design objects; household objects; furniture; articles and objects of wood; plastic; marble; metal; glass; ceramics; porcelain; resin or stone; heating equipment of any kind (fireplaces, stoves, etc.); construction objects, articles or materials of any kind; liquids of any kind; medicines or medicinal products; medical and health equipment, devices or materials; loam, fertilisers and other liquid and/or solid gardening substances; non-perishable goods and/or long-life foodstuffs. Should any of the goods listed in this paragraph be included in a shipment tendered to EUROPACCO, EUROPACCO disclaims all liability and the Customer undertakes to fully indemnify and hold EUROPACCO harmless from all liability and damages. In any event, EUROPACCO shall not be liable for any loss, damage or deterioration of the goods.
16.5. Shipment of perishable foodstuffs is expressly prohibited and therefore excluded from the EUROPACCO service. Shipment of non-perishable foodstuffs that are properly wrapped and packaged in accordance with current law is permitted at the Customer’s sole risk, with the exception of foodstuffs that require transport at controlled temperatures, and, subject to the signing of the supply contract and the relevant service request form, the diagnostic samples and pharmaceutical products for carriage at room and controlled temperatures. In any case, EUROPACCO reserves the right to accept packages handed over for shipment on the basis of their content and mass and volume dimensions as provided for by current law. 
16.6. If the shipment includes, even in part, goods in the categories listed in this Article, the insurance service in Article 14 of these GTCs is expressly excluded.

17. Processing of personal data

17.1. EUROPACCO shall process the personal data of its Customers and third parties confidentially. Data is processed in accordance with the principles of fairness, lawfulness, and transparency.
17.2. Citing in full the provisions on the protection of personal data set forth in the current version of Italian Legislative Decree No. 196 of 30 June 2003, as well as in Regulation (EU) No. 2016/679 (the "GDPR"), by accepting these GTCs, the Customer expressly consents to the processing of his/her/its personal data. By accepting these GTCs, the Customer also declares that he/she/it has received and read the information on data protection required by the above laws and that he/she/it acknowledges them and accepts them without reservation. 
17.3. The Customer gives EUROPACCO express permission to inform him/her/it, via his/her/its contact details provided to EUROPACCO, about innovations and changes to products and services, as well as general information (including by means of newsletters or similar).

18. Jurisdiction and applicable law

18.1. These GTCs shall be governed exclusively by Italian law, which shall apply to all contractual relationships entered into by EUROPACCO. 
18.2. Where the law does not provide a mandatory jurisdiction, the Court of Bolzano (Italy) shall have sole jurisdiction. However, EUROPACCO may also assert its rights at the [Court of] Customer's headquarters or place of residence.

19. Online dispute resolution

19.1. The European Commission has made available a European online dispute resolution (ODR) platform for the out-of-court settlement of disputes.
The European Online Dispute Resolution (ODR) platform is available at http://ec.europa.eu/consumers/odr/.
19.2. EUROPACCO shall attempt to resolve amicably any disagreement arising from the services offered by EUROPACCO. However, EUROPACCO is not obliged to participate in the online dispute resolution procedure (ODR) and cannot grant the Customer its participation in such a procedure.

20. Miscellaneous

20.1. If one or more provisions in these GTCs or a provision in another agreement should be wholly or partly invalid or void and/or should contain gaps in the relevant document, the validity, legality and enforceability of the remaining provisions in the GTCs or the relevant document shall not be affected or impaired in any way. The invalid or missing provision shall be replaced by a new legally valid provision that most closely achieves the intended economic result. If a provision contains an invalid measure, that measure shall be replaced by a legally valid measure as similar as possible to the one replaced.
20.2. For all matters not expressly addressed in these GTCs, the relevant statutory provisions shall apply.
20.3. In addition to these GTCs, the general contract terms and conditions of Fedespedi [Federazione Italiana Spedizionieri Industriali (Italian Industrial Shippers’ Federation)] as well as the Convention on the Carriage of Goods by Road (CMR) shall apply.
20.4. In case of doubt, the Italian language version of the General Contract Terms and Conditions shall prevail over any other language version.