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LEGAL NOTES

Place of jurisdiction:

The exclusive venue for potential disputes regarding these Terms and Conditions is the Court of Bolzano (Italy) and the applicable law is the Italian Law. Nonetheless, europacco.com reserves the right, to appeal to any other court outside of Bolzano, if it deems this necessary in order to protect its rights and interests.

General terms and conditions of this service:

1. REGISTRATION OF THE SENDER

The following definitions apply to the following terms and conditions, applying to the present contract entered with us: "we" or "us" means europacco.com, subsidiary of OMEST KG of Stampfer Patrick and refers to the service available on the website www.europacco.com; “sender”, “you” and “your” refers to the client, sender, consigner of the consignment, the subscriber of the service; “recipient” refers to whom the goods are addressed; “courier ” refers to the company commissioned to collect, deliver and stock the consigned goods, "consignment" refers to any goods requested for shipment.
europacco.com is an online service, with free log-in for private or business customers. In order to use the available services it is necessary to register, this can also be done in the framework of the first planned shipment. In this case, the data entered under "data of the sender" is automatically assumed in the section "data of the subscriber" if no other sender is stated by the subscriber/customer. Your data and those of the recipients are used with the objective to fulfill the contract and carry out the service, the entry of the data is optional, but the refusal to do so, might make it impossible to benefit from the service. Your e-mail address is indispensable for a correct use of the offered services and will be used for all personal and general communication. Upon registration an activation link for access to the reserved area is communicated via e-mail.

2. LIMITATIONS AND REQUIREMENTS FOR CONSIGNMENTS

• Package/pallet dimensions are limited to a sum total of 180 cm.
• No single package/pallet is allowed to exceed a weight of 50 kg.
• Otherwise shipment may be blocked.

3. CONDITIONS FOR COLLECTION

Collections are carried out solely on working days, Monday through Friday.
After confirmation of the shipment, the respective consignment will be collected by the carrier at the collection address the day desired or the next day the order was placed.

The prices listed on our site refer to shipments picked-up and delivered roadside. The withdrawals or deliveries to the floor can be realized only under request with an additional cost.

WARNING: Any withdrawn package/pallet will be reported in more than one sorting center. Sorting of packages is an automated process. It is not done manually. The sorting is done with the machinery that, once the ticket barcode is red, release the packages in function of the ZIP code of the destination, possibly even in a free fall. The various headings and messages like "HIGH", "FRAGILE", "GLASS", will not be read.

"Document" type shipments must consist of ONLY paper material (driving licenses, passports, contracts, etc.): in case the courier detects inside that envelope there are items of other nature, he may refuse to collect the goods or deviate it to our sorting center of Bolzano. In case the "document" shipment type is used to send other articles that are not made of paper, Europacco reserves the right to hold, for administrative expenses and practical management, the full amount of the shipment.

4. CONDITIONS FOR DELIVERY

For every consignment at least one attempt of delivery to the delivery address is designated. 

Depending on the final courier that will deliver the goods it will come true in a different way. If the package/pallet will be stocked for reasons of absence of the recipient or will be turned back, the charges will be entirely charged to the sender of the shipment.

The prices listed on our site refer to shipments picked-up and delivered roadside. The withdrawals or deliveries to the floor can be realized only under request with an additional cost.

5. TRANSIT TIMES

The delivery time for the goods is variable and it is closely linked to the place of the collection and also the place of the delivery of the package/pallet. The estimated time for the delivery can be viewed directly by entering the name of the country of delivery in the form to fill out on our site www.europacco.com. All timing of pick up/transit/deliveries, refer to working days (Monday to Friday) and estimates are feasible under optimal transport conditions. Transit times (including pick up and delivery) are approximate and not guaranteed. Each package/pallet belonging to a shipment travels with an individual tracking number and therefore, it can lead to the delivery of them in different times/days. The withdrawal and also the delivery of packages on the islands could extend the delivery of another 2 days. Deliveries in foreign countries, will be first delivered to the Logistics Center of Bolzano, where they will be verified (re-measured and weighed) and then be shipped to the final destination.

6. PRICES


The prices applied for the shipments can be changed at any time without no warning.
The prices listed on our site refer to shipments picked-up and delivered roadside. The withdrawals or deliveries to the floor can be realized only under request with an additional cost.

For shipments with delivery in countries outside the European Union, the price displayed on our website is not included for any import duty and customs fees or broker expenses related to customs clearance of the goods in the import phase of it in the destination country. The customs charges can not be anticipated. They will be decided by the customs of the country of import and shall be exclusively borne by the recipient. Europacco assumes no responsibility for any customs duties and charges charged by Customs for import shipment at the time of customs clearance.
The only shipments on which are not perceived duties or customs charges are shipments like "Gift". Any country outside the EU reserves the right to decide the maximum amount granted by the state on the invoice in order the shipment can be cataloged as a "gift". There are countries outside the EU that receive customs duties and charges even on "Gift" shipments regardless the amount stated on the invoice.
Europacco does not assume any responsibility for customs clearance of the shipment if there is need of purchase by the recipient of a Broker service.
If a destination chosen by a customer represents an island, europacco.com reserves the right to make price changes which are not anticipated on our site www.europacco.com.
The amount to be paid for shipments with final destination city on islands, is an amount that can be variable depending on the manner in which the same collection takes place on the island.
If a destination chosen by a client is on an island, europacco.com reserves the right to make price changes without anticipating this information on our website www.europacco.com.
Price expeditions for cities on islands represents a variable amount depending on how the delivery takes place on the island. In case of shipments that are being stored in various hubs, warehouses and sorting centers, europacco.com will charge the costs to the customer.

The tolerability of 1,50 kg on the next weight range is not applied to shipments destined in countries outside the EU.


Moreover, europacco.com reserves the freedom and the right to choose the mode of delivery on islands (air, sea, etc.).
The prices applied to shipments are subject to change by europacco.com at any time without prior notice. Check our price list.

7. WEIGHT AND SIZE

The classification of each package/pallet is based on its weight and dimensions. It is important that neither the weight nor the dimensions of the package/pallet exceed the values of the classification chosen in the form.
Package/pallet weight = content + packaging
Package/pallet dimensions = height + width + length
Both weight and size of each package/pallet will be considered and evaluated individually. The prices for shipments can shoot at ranges of 5.00 kg, 10.00 kg, 20.00 kg, 30.00 kg, 40.00 kg, respectively 50.00 kg. If the weight of a package exceeds even only for 4,50kg the weight of a mass group indicated above, the increase of money is recognized corresponding to the next price range. The weight of the packages is not total. If the dispatch is composed of more than one package, of which, a package has a weight lower than the maximum limit granted by the corresponding weight band (for example 28.00 kg to 30.00 kg of the band) and the other exceeds the maximum limit granted for the weight band (for example 6,50 kg for the band of 5.00 kg), at the latter it will be requested the increase of money corresponding to the next weight range (above the 5, 00 kg). The weight of the packages can only be total when the shipment is organized as a "pallet" type. 


For weight and maximum size allowed exceedances, (over 50.00 kg and above 190.00 cm) for some countries, it may incur an increase in euro, which sometimes can be higher then the initial value already paid by the customer for the purchase of the expedition itself.

Shipments consisting of more than one package/pallet, if for one of the packages it is requested an increase (because of the excessing weight and / or size), will remain in the warehouse stock of Europacco in Bolzano until the payment of the required sum.


If the weight declared by a customer at the time the order is placed on our site, should prove less weight at the time of special tests in our sorting center of Bolzano, no refund is provided for the weight difference.

 

All shipments with different weight and dimensions than stated by the customer at the time of THE order confirmation will remain in our Bolzano sorting center until payment of the difference of money will be made by the customer.

8. TERMS OF PAYMENT

To use our services payment in advance is necessary.
You can pay directly on the website using PayPal or by using one of the following credit cards: Visa, MasterCard, AmericanExpress, Carta Aura, Discover and prepaid cards. Your PayPal account or credit card is charged immediately with the amount authorized by you. europacco.com's services can only be purchased by the holder of the credit card.

9. INSURANCE

An optional insurance cover for the protection of your consignment is available upon request. The value of the insurance premium is based on the prices applied at the moment of shipping.
The insurance cover must be expressly requested when ordering shipment. The cost amounts to 1.5% (with a minimum value of 3.5 euro) of the goods value and the maximum amount insurable is 1,500 euro.
Reimbursement can only be granted against documented proof of value of the goods (invoice of purchase). Second hand goods are not insurable.
Potential payments of damages will be effected minus the applicable deductible. Payment of damages will be carried out based on the value for which the goods are insured, an inferior value to the real one, pursuant to article 1907 of the Italian Civil Code. Any case of damage must be communicated within 48 hours of receipt of the package/pallet either by e-mail at info@europacco.com or by phone at +39 0471 1962318 as otherwise the right to claim damages is lost.
Insurance is not available for the following: precious stones, precious metals, expensive watches, plasma screens, jewellery, money, glass, porcelain, documents, works of art, antiques, valuable documents (e. g. passports, calls for bids, offers or promotions and option certificates) or films, tapes, cds, memory cards or any other data or image medium, foodstuffs and all the goods axcluded for the Europacco shipments. In case you are shipping any of these categories of goods, we recommend that you organize for an adequate insurance cover yourself.
Goods are insurable at a fixed cost per category/classification based on the insured value.
For any case of damage a deductible of 10% is applicable.
Shipments to and from the following countries cannot be insured: Angola, Armenia, Azerbaijan, Ethiopia, Georgia, Iran, Kazakhstan, Kyrgyzstan Lebanon, Liberia, Libya, Nicaragua, Nigeria, Rwanda, Sierra Leone, Russia, Turkmenistan, Uganda, Ukraine, Uzbekistan and Zimbabwe.

10. CONDITIONS FOR STORAGE

In case of any impediment due to refusal of the consignment on part of the recipient, we will inform the sender in accordance with article 1690 of the Italian Civil Code. The sender is required to communicate in due time and in the required form, the actions to be carried out with regard to the return of the consignment, taking on the additional cost for the chosen actions, like the redelivery or return of the goods to the sender. The time designated for choosing the actions to be carried out is 5 calendar days. If no instructions are issued by the required means, we reserve the right to claim the calculated costs for the return of the consignment to the sender from the subscriber of the service. In such a case all the expenditures relative to the transport and storage will be at the sole expense of the sender, with the possibility to apply article 1690 et seqq. of the Italian Civil Code. If the sender does not intend to accept the associated costs, we reserve the right to retention pursuant to the articles 2756-2761 et seqq. of the Italian Civil Code, including deposit or sale of the goods. In any case, after a year in storage, the sender, who fails to pay the amounts due, relinquishes by acceptance of the present contract, any right to the goods, which will pass entirely to europacco.com.

Items may remain in storage in our warehouse Europacco of Bolzano for maximum 5 working days time from the moment of delivery. Past this time limit, for each package/pallet you will be perceived a kilo, a sum of € daily. For packages/pallets that exceed 21  days of storage time in our warehouse, Europacco reserves the right to proceed with the destruction of the consignment in question.

In the price of the shipment it will be included a single delivery attempt.
The additional expenses related to the next delivery attempt and any days of storage in the various deposits will be charged to the payer or consignee of the shipment.

Also, for the national shipments on stock, europacco will require the sum of € 5.00 for unblocking the shipment and deliver the goods to the same delivery address.
For international shipments in storage, europacco will charge the payer of the shipment of eventually taxes regarding the delivery of the goods to the same address.
Both in case of national shipments, and in the case of international shipments, europacco will reserve the right to charge the payer of the shipment with any costs of delivering goods to a new address or returning them back to the sender.

11. ERRORS IN ADDRESS OR OTHER DATA

In case a package/pallet cannot be collected or delivered due to a wrong address or other inexact data, we will try to contact you, in order to inform you about the problem and to get the correct information. However, we do reserve the right to charge you for resulting extra costs should the data provided by you show to be erroneous.

12. TERMS OF CANCELLATION

In case you have to cancel a consignment for any reason, you have to communicate this via e-mail or phone and forward your request to halt said consignment. If this does not result in any type of cost on our side until that moment we will strive to reimburse you the amount of the signed consignment but not the potential additional costs on your part (commissions, expenditures, etc....) In case your request reaches us during the course of our service, we reserve the right to reimburse you the amount of the consignment minus all the expenditures until that moment, without excluding the possibility to withhold the total sum paid by you.

13. IMPOSSIBLE DESTINATIONS

Deliveries to post boxes are not possible. We reserve the right to cancel consignments we deem non-executable at any time. In such a case the amount paid for the consignment will be reimbursed minus eventual additional costs.

14. EXCLUDED GOODS

The online service europacco.com, subsidiary of OMEST KG excludes the following goods from its services and it is therefore not possible to send packages/pallets containing the following: money in any currency, gold, antiques, liquors, tokens and/or stamps including collector’s items, documents, keys, precious metals, firearms, alcohol, electronic and household appliances, electric and non-electric machine tools, electric and non-electric machines and machinery, electric and non-electric tools, electric and non-electric instruments, musical instruments and musical objects and the respective pieces and spare parts, electronic components, dynamic products RC models (drones, dji, multirotori, model aircraft and so on.), sports equipment and gym equipament, small 2/4 wheeled vehicles (motorcycles, wheelchair, strollers, tricycles, bicycles, etc.), spare parts of motorized and non-motorized vehicles, drugs, medical equipment, plants, ceramics, glass, drugs, works of art (paintings, sculptures, statues etc.), wood made objects, precious stones, fur, expensive watches, explosives, animals, food products, liquids, perishable goods, securities of any kind or bearer certificates, indecent, obscene or pornographic material, coal and industrial diamonds, bank cheques, tobacco traveler's cheques, objects subject to IATA restrictions, including dangerous or flammable materials, goods, that are forbidden to transport by any law, regulation or statute enforced by any federal, state or local government in any country from or to which the consignment can be shipped. Any other article that europacco.com at its own discretion does not see fit for shipping for objectively understandable reasons. We exclusively accept non perishable food products that have been appropriately packaged according to current legislation, with the exception of those which can only be transported in a controlled temperature environment and, under the condition that the appropriate delivery contract and request form for the service have been signed, diagnostic samples and pharmaceutical products for transport at ambient and controlled temperatures. In any case, europacco.com reserves the right to accept packages commissioned for transport depending on their content, dimensions and volume within the provisions of current pertinent legislation. If acceptance of goods not conforming to the above parameters is denied, europacco.com and OMEST KG  are absolved from any responsibility against the client. OMEST KG reserves the right to return the goods even in case of acceptance by its employees in case any discrepancy from the standard is discovered also through the company's mechanized freight center. The client takes note of the above said and strives in any case to avoid sending any of the above mentioned goods. In case any of the mentioned goods are inserted into a consignment entrusted to OMEST KG, the latter will not compensate for any damages suffered by the client through the loss, transport damage or spoilage of the goods, even if the consignment was approved for any reason by OMEST KG. In any case, OMEST KG refuses acceptance of dangerous goods such as flammable (ex: prefume, scent, deodorant etc), explosive, pollutive, radioactive, toxic, contaminative, infectious and magnetic materials also in accordance with the limitations set by the ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road, Italian Law 1839/62) and IATA restrictions, save the express written request released by the sender and its written acceptance by an authorized representative of europacco.com in the case of the transport of goods, which qualify for total exemption from customs duties. The liability for the goods sent lies solely with the subscriber of this service.
Failure to comply with these rules can result in charges being pressed.

15. DISCLAIMER

We do not accept liability for consignments that are not shipped due to server failure, software errors or problems and power outage. We neither accept liability for any loss of income, profit, market share, reputation, clients, use or opportunity, nor for any damage or loss, be it indirect, accidental, special or consequentially caused by, including but not limited to loss, damage, lateness, wrong delivery or failure to deliver your consignment, even if we knew that such damages or losses might occur. We are also not liable if your consignment or part of it, is lost, damaged, delayed, wrongly delivered or not delivered or if we do not keep our obligations towards you due to the following: a) circumstances outside of our control, such as (including but not limited to): natural disasters, including earth quakes, cyclones, storms, floods, fires, illness, fog, snow or ice, force majeure (including but not limited to) war, accidents, terrorist attacks, strikes, embargoes, dangers in the air space, local fights or national risings, national or local upheavals in the transport network by air or land and mechanical problems with the means of transport or equipment, latent or intrinsic faults in the content of the consignment, criminal acts by third parties such as theft and arson b) actions or omissions on your part or by third parties such as your non-compliance (or claim by any other party with an interest in the consignment and which determines your non-compliance) with obligations taken on by you in accordance with the present terms and conditions and especially the warranties granted in art. 11; an action or omission attributable to a customs office, airline, airport or public transport. c) contents of the consignment consisting of objects that are forbidden and in case we have erroneously accepted the transport. Therefore, Europacco does not assume responsibility for the pallet shipments arranged on pallets that do not meet the size we conceded (80 * 120 * 180cm).

If a suitcase or a bag will be used as a packing (not recommended), europacco.com does not takes any responsability for any damage.

All checks of weight, dimensions and packaging will be carried out at our sorting center in Bolzano.

Europacco.com will therefore reserve the right to return the goods to the sender in the event that the terms and conditions of Europacco have not been respected as confirmed by the order, if one or more of the conditions listed in point 15. Disclaimer will not be respected, in case the goods will show irreparable damage, in case the packaging will not be considered suitable, in case the weight and dimensions indicated at the time of order confirmation will not be respected, in case the goods arrived in the sorting center of Bolzano will not represent the type of shipment declared at the time of order confirmation (document, parcel or pallet).

16. OBLIGATIONS AND ACCEPTANCE

Hereby you declare to know that the service provided by europacco.com is an online service, which can exclusively be purchased via the Internet. The service works through optional and free registration. In order to use the service it is necessary and mandatory to use an e-mail service with an e-mail address provided by you during registration. This e-mail address must be exclusively used by you. You declare to understand that any request by you will be monitored by you through the means provided by europacco.com using the access data provided to you. You declare to fill in the data requested for correct shipment with care. You understand that the contractual conditions, prices, services and delivery modes can vary over time and that therefore it is your responsibility to check these any time you order a consignment. You agree to release europacco.com from any liability or cost, damage or expenses including legal fees which might incur due to violation of the present warranties or insurances on your part. You accept that any government authority including customs, or the courier, if requested by the former, can open and inspect your consignment at any time.

17. ADMINISTRATIVE EXPENSES

We reserve the right to charge administrative expenses for consignments that exceed the weight or dimensions of the chosen category. An additional invoice stating the difference to be paid will be issued to you. These expenses will be communicated by e-mail and have to be paid immediately.

18. PRIVACY

Privacy statement pursuant to sec. 13 of the legislative decree no. 196/2003
In compliance with the provision of the new code for the protection of personal data, we inform you of the following: The data provided are treated according to the principles of correctness, legality and transparency in order to protect the user's rights and privacy.

OBJECTIVES
The data provided to europacco.com in the framework of contractual relations are used to fulfill contractual obligations and will be processed by computer or manually in order to: a) fulfill obligations regarding: civil, fiscal and bookkeeping regulations, administrative purposes, grant compliance with contractual obligations, support and information with regard to the services purchased by you
The data referred to under a) is processed by our employees, our associates and our external consultants, when executing the order assigned to us. We point out, that your consent to the processing of data for the above named purposes is obligatory and essential in order to carry out the task assigned to us. europacco.com ensures that the processing of the data with or without the help of electronic or automated instruments will be carried out with appropriate means in order to guarantee security and confidentiality. This can include - within the limits and conditions of the Italian legislative decree no. 196/2003 - one or more of the following operations with the data: collection, registration, organization, storage, processing, modification, extraction, comparison, utilization, interconnection, blocking, communication, deletion and destruction.

DATA SUBJECT'S RIGHTS
With regard to the data controller it is always possible to execute the rights pursuant to sec. 7 of the legislative decree no. 196/2003, stated here in its entirety: "1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. 2. A data subject shall have the right to be informed: a) of the source of the personal data; b) of the purposes and methods of the processing; c) of the logic applied to the processing, if the latter is carried out with the help of electronic means; d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2); e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. 3. A data subject shall have the right to obtain: a) updating, rectification or, where interested therein, integration of the data; b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed; c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. 4. A data subject shall have the right to object, in whole or in part, a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection; b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys. Pursuant to the section above a data subject has the right to request erasure, transformation into an anonymous form or blocking of the data processed in violation of the law, as well as to oppose their processing for legitimate reasons. Such requests are to be directed at the data controller at his registered office.

DATA CONTROLLER
The data controller and processor of the data is europacco.com, subsidiary of OMEST KG of Stampfer Patrick with VAT ID no. and Tax ID no. IT02495790210, which uses the data for the above mentioned purposes.

19. EXTRA UE SHIPMENTS

For all extra UE shipments, the following custom documents are needed:

- the pro forma invoice (or commercial invoice), completed in English or in the language of the country of destination;
- Free export declaration;
- Declaration (AWB gap will remain free);
- A copy of the identity card or passport.


These documents will be sent by e-mail together with the transport document once your order will be confirmed.

More information regarding the filling of this documents could be found in FAQ -  Compiling successfully the customs documents or click here.