General Contract Terms and Conditions

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 without any telephone call.

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.

9.1. 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.

10.1. 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.

11.1. 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.

12.1. 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.

13.1. 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, disposed of, 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 or allowed at the sole risk of the Customer, even if EUROPACCO accepted the shipment in error.
EUROPACCO or the courier assigned to transport the shipment on EUROPACCO's behalf reserves the right to: partially dispose of the shipment by disposing of only the irretrievably damaged goods to proceed further with the return, storage or reshipment to the destination of the remaining goods; dispose of the entire shipment where even part of it is irretrievably damaged but makes the shipment not feasible.
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, ports, interports, stadiums, autogrill, 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 and 7 (seven) business days from the time of the last update on the shipment tracking. 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 [email protected].

 

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 [email protected] and 7 (seven) business days from the time of the last update on the shipment tracking. 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 claim within 48 (forty-eight) hours from filing the claim, in accordance with any additional instructions on the aforementioned website. Claim handling has an approximate timeline of 4 to 6 weeks.

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.

15.1. 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.

16.1. 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; jewelry; 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: documents; 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; leather; 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.

17.1. 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).

18.1. 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.

19.1. 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 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.

20.1. 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.