Terms and Conditions of the pro.packlink.com Site
Owner of the Website
The owner of the packlink.com Website (hereinafter, the Website) is Auctane, S.L.U., with CIF B83357863 and on file in the Commercial Registry of Madrid in Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, with its address on the Paseo Imperial, 14, 28005, Madrid, Spain, holder of transport operator nº 11938624-1 (hereinafter, packlink.com).
When registering, to adequately safeguard the "Password" provided by Packlink.com, as identifiers and enablers for access to services, agreeing not to cede their use or to allow access to them by third parties, assuming responsibility for damages that could arise from improper use of the same. Likewise, the User undertakes to notify Packlink.com as quickly as possible regarding their loss or theft, as well as any risk of access to the "Password" by a third party.
Users are obliged to respect the applicable laws and the rights of third parties when using the contents of the Website. Likewise, Users must utilise the Website in a responsible, correct and lawful manner and, in particular, refrain from the following activities, this not to be considered an exhaustive or exclusive list:
- using the Services in a way or for purposes that are unlawful, immoral, or contrary to good practices generally accepted by society;
- reproducing or copying, distributing, or allowing public access through any form of public communication; transforming or modifying any aspect of the Website;
- performing any act that may be considered an infringement of any intellectual or industrial property rights belonging to Packlink.com, or any third parties;
- using the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct marketing purposes, or for any other commercial purpose; unsolicited messages addressed to a number of people, regardless of their purpose; or otherwise selling or disclosing said information;
- using false identities, or impersonating the identity of others in the use of the Website, or in the use of any of the services of the Website, including the use of passwords or codes of third parties, or in any other way.
Packlink.com reserves the right to block access by those Users who improperly use the Website or Packlink.com communication channels.
Exemption from responsibility for the functioning of the Website
- With regards to contents provided by Users, if any of the contents, files, information, advertising, opinions, concepts and images hosted on the Website violate the law, morals, good faith and public order, or contain any type of computer virus, or similar software, they will be eliminated. Packlink.com will not be held responsible for contents, files, information, advertising, opinions, concepts or images that do not depend on the Website, or are not managed by Packlink.com, which does not accept any responsibility, whether direct or indirect, resulting from misuse of the Website or its contents by the User, such that he assumes, in any case, under his sole responsibility, the consequences, damages or actions that may result from his access to or use of the Website, or its hosted content, as well as its reproduction or communication.
- With regards to the contents provided to Users through the Site, in any case, Packlink.com will not be held responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website, or are not managed by packlink.com, which is not responsible for any misuse that is made of the contents of the Website, it being the sole responsibility of the person accessing or using them.
- With regards to the contents housed on pages accessible via the Web packlink.com website, the latter will not be held responsible for any of the contents, files, information, advertising, opinions, concepts and images that are issued, published or distributed directly or indirectly through any interconnected website that may be accessed via the Website, or its links, or any of the services that link or relate to this interconnected website. Likewise, Packlink.com waives responsibility for services, goods or products that may be acquired or contracted from third parties through access on the Website of Packlink.com, especially in those cases in which the purchase or contracting process is carried out directly on the webpage of the third party, even if there appear symbols or a frame featuring the graphic elements of the website (branding).
- With regards to the operation of the Packlink.com website, it provides its services and content continuously, using all those technical means available to render such provisioning satisfactorily. Packlink.com may, when it deems appropriate, make corrections, improvements or modifications to the information contained on the Website, and in its services and contents, without this giving rise to any rights to any claims or compensation, or entailing any acknowledgment of liability. Packlink.com is not responsible for damages of any nature that may arise from the availability and technical continuity of the operation of the Website. In any case, Packlink.com will carry out all the necessary actions to re-establish its services in the event of a technical failure. As a User you are solely and exclusively responsible for your identification information and access to the contents or services of the Website. Said identification consists of using the secret code and name of the User. Packlink.com is not responsible for any improper use of codes used to access the contents or services of the Website that require them, or for the consequences resulting from any kind of misuse by users, their loss or forgetting, or their improper use by unauthorised third parties.
Intellectual and industrial property
All content and, in particular, designs, icons, software, photographs, models, illustrations, sound tracks, texts, logos, trademarks or any other elements subject to industrial and commercial use that make up the Website are covered by intellectual and industrial property rights, and are owned by Packlink.com and/or third-party holders thereof who have duly authorised their inclusion on the Website.
Under no circumstances shall it be understood that a license or waiver has been granted to transfer all or part of said rights, or that any right or expectation of rights has been conferred; in particular, any alteration, exploitation, reproduction, distribution or public communication rights to the contents, without the express permission of Packlink.com or their respective owners.
Packlink.com reserves the right to modify, update or revise these General Contracting Conditions for legal reasons, technical reasons, or changes in the provisioning of the service, or access to the contents or the Website, as well as to make modifications that may result from applicable codes of conduct or, where relevant, strategic corporate decisions, notifying Users through the Site.
General conditions of Packlink's services
Below some concepts are defined that are mentioned in the General Contracting Conditions of Packlink services (hereinafter, the General Conditions or General Contracting Conditions):
- Transport Agency: Collaborating partners of Packlink.
- Remote Areas: those towns with a population of less than 10,000 registered inhabitants, and those that, regardless of their population density, are more than 50 km from the site of the nearest Transport Agency.
- Packlink Help Center: communication channel with Packlink for service consultations, management or service.
- Recipient: Individual or legal entity that receives the Goods through a transport service contracted on Packlink.
- Shipment: Dispatch of one or more packages, collected at the same point of origin, and delivered to the same destination, on the same date and time, and with the same Transport Agency.
- Shipping Label and Address Sheet: The documentation that must be attached to the Goods.
- Commercial Invoice or Pro-Forma/Dispatch Authorisation: The documentation that must be attached to the Goods, only in cases of export/import outside the EU, in addition to services to the Canary Islands, Ceuta and Melilla.
- Pick-up Site: Refers to the address at which the Goods must be picked up by the Transport Agency; for Drop-off services, referring to the Collection Point to which the sender must take the shipment for it to commence its transit.
- Delivery Site: Refers to the address to which the Transport Agency must deliver the Goods; for Drop-off services, referring to the Collection Point to which the Recipient must proceed in order to receive the Goods.
- Good(s): Article(s) transported.
- Sender: Individual or legal entity that delivers the Goods to the Transport Agency at the time of collection for shipment.
- Collection Points: Locations, usually shops or commercial premises, where the Sender can leave the Goods and/or where the Recipient can pick them up.
- Website: www.packlink.com
- User: Refers to any legal entity or entities without legal personality that operate for profit in the field of their commercial or business activity or (ii) self-employed worker who, within the framework of his professional activity, hires Packlink for the collection and delivery of the Goods, and is responsible for payment of all the charges associated with the service, such that only the User may issue claims and pose questions related to the service contracted, which should be carried out via chat or using the Website form, or using the e-mail address through which the service was managed on the website.
- Registered User: users who have registered on the Website, creating an account. Hiring the services of Packlink requires the creation of an account.
2. Information prior to contracting
These General Conditions will expressly govern the relations arising between Auctane, S.L.U., with CIF B83357863, on file in the Mercantile Registry of Madrid, Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, domiciled on the Paseo Imperial, 14, 28005, Madrid, Spain (hereinafter, Packlink) and the User who hires the services offered through the Website.
These General Conditions have been drawn up in accordance with the provisions of those regulations in force governing Information Society and electronic commerce services, as well as General Contracting Conditions, and any and all applicable legal provisions.
Packlink hereby states that the procedures for contracting the services provided are those described in these General Contracting Conditions, as well as those specific ones indicated on the screen during browsing, such that the User declares that he does know and accept these procedures as necessary to access the services offered on the Website.
Any modification and/or correction of the data provided by Users during browsing must be carried out according to the indications included on the Website.
3. Contracting Process
a. Service provided by Packlink
Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website Users can check the prices that different Transport Agencies offer for shipments and contract, online, the service of the Transport Agency that best suits their needs, being able to view the Website to track the status of their order at any time, based on information provided by the carrier.
b. Information prior to contracting
The User wishing to contract the Service must provide the information on the Shipment that he/she intends to make (including postal code or city of the Sender; postal code or city of the Recipient at the shipment destination; the weight, length, width and height of the package to be sent) in the Webpage section in relation to the service, called "Creation of a Shipment", and start searching.
- Packlink, after receiving this request, compares the rates offered by the Transport Agencies, with a view to the specifications communicated by the User, through its own search, and gives the User a list of available transportation services, organised according to various criteria, such as price, time and the name of the Transport Agency.
- For each service offered Packlink will inform the User of the service's main characteristics (such as the need to have a printer to continue with the generation of the shipping document, whether payment upon delivery service is available, or insurance coverage offered).
More details about the selected shipment can be found through an accessible drop-down menu by clicking on "Details".
- The User, after identifying the service desired, can purchase it by clicking on the "Purchase" button.
The User then proceeds to a new page on the site where he can check the insurance coverage offered by Packlink and enter additional information related to the Shipment, namely:
- "Personal Data" (name and email address - when, chosen by the user, the details of the order will be sent);
- The "Contents of the Shipment" (contents of the shipment and the value of the Goods); and
- The "Discount Coupon" code (if any).
- The possibility of contracting the payment-upon-delivery service.
- On the next page, the user shall indicate:
- The "Date of Shipment Delivery" (date and time);
- The mandatory "Pick-up Information" (name, e-mail address, telephone number and address, zip code, city, province or state and country are automatically taken from the information previously entered);
- The optional "Pick-up Information”;
- The mandatory "Delivery Information" (name, phone number and address, zip code, city, province or state and country are automatically taken from the information previously entered);
- Optional "Delivery Information".
- In cases of office-office or office-home shipments, it is not necessary to indicate the office to which it will be delivered. At the destination, however, it is necessary to indicate at what office it will be picked up.
- After entering all the above information, the User, selecting "Go to Payment", is redirected to the page for "Confirmation and Payment". In particular, the User:
- will see the "Shipment Details" (place of departure, place of delivery, date of withdrawal, service, contents, shipment, insurance);
- must indicate the payment method by choosing between PayPal or Credit Card, and then enter the information relative to his PayPal account (email address and password) or Credit Card (number, expiration date [month and year], security code) on the next page.
- After payment, the User will see:
- the confirmation of the purchase of the Service with the relevant data (Transport Agency, date of receipt, shipping number, delivery address and Customs invoices, where applicable);
- the indication of the documents to be printed before accepting the delivery (shipping document and address labels already provided in PDF format).
- The User can download the invoice by clicking on the Billing section.
- After these steps, he is emailed the confirmation at the previous address, containing all the details of the order, as well as the link through which he can access the printing of the labels to be attached to the shipment.
- After purchasing the shipping service, and having obtained the shipping number, the User, through "Tracking of the Shipment", accessible on the Website, can search for the shipment and verify its status. The User must at all times go to packlink.com, using the email address he provided when filling in the form. Packlink cannot identify users who use email accounts other than those indicated on the Personal Information form.
Keep in mind that the pick-up date and time chosen by Users are not guaranteed for all services or Transport Agencies. The User can check whether the service is guaranteed at the time of purchase.
c. Ancillary functions provided by Packlink
i. File with multiple Shipments Section in which the User can place in one file several Shipments at the same time, issuing a consignment note, or similar document/s, to replace it for each of the different Shipments.
It should be borne in mind that the transport contract entered into between the User and the Transport Agency may have as its object a single Shipment, or a series of them.
ii. Integrations for Online Stores Packlink.PRO offers users the ability to integrate modules from different stores, the purpose of these integrations being to enable one to contract Packlink.PRO for the transport of orders generated in the User's store
d. Pick-up of Goods
If Packlink has confirmed with the User that the requested services have been successfully contracted, and the date and time chosen for the collection of the Goods, a courier from the chosen Transport Agency will proceed to pick them up. An exception is drop-off services, in which case the Sender must leave the Goods at a collection point. The rescheduling of the new pick-up must be handled directly with Packlink, through the Packlink Help Center.
Shipments to and from Remote Areas, both domestic and international, may be subject to delays, returns, and service cancellations. Users can find more information on this point in Clause 17: Liability Disclaimer.
Users must always ask the Transportation Agency that collects the Goods for a receipt, pick-up slip, or consignment note. Claims without a collection slip will not be accepted, as in these cases there is no proof that the Transport Agency has actually picked up the Goods.
e. Delivery of the Goods
Deliveries will be made to the address indicated by the User on the order. If the Shipment cannot be delivered to the Recipient, the Transport Agency may leave a notice for the Recipient, in order for him to reschedule the delivery, and will transport the Goods to its warehouse. However, since not all Transport Agencies leave a notice, the User should access the Website to track the Goods and to notify the Recipient. Depending on the service and/or the Transport Agency used for the Shipment, if the delivery cannot be made, a second delivery attempt may be made at the destination address (at no additional cost to the User). Keep in mind that in some countries, if the Recipient is not at home, the carrier may leave the Goods at another address; such as that of a neighbour, or at a Collection Point, for example.
When a shipment is refused at the destination or for any other reason the company executing the transport cannot deliver the shipment, Packlink will inform the user of the circumstances preventing delivery as soon as possible, through the tracking of the shipment or, when for technical reasons this is not possible, by email. The User must reply to Packlink in writing within two (2) business days from receipt of the aforementioned notification, indicating whether he wants to recover the shipment, or if he prefers that it be sent to another destination. Once the aforementioned period of two (2) days has elapsed without the User having communicated his decision to Packlink, the shipment will be handled according to what is established in the applicable legal regulations, depending on the nature and type of the shipment. In any case, the User will be responsible for, in addition to the payment of the corresponding additional fee, the payment of postage, expenses and costs incurred. If the Goods are returned to the Sender or sent to another address at the User’s request, the latter will have to pay Packlink the postage costs incurred by said conveyance.
Except for services featuring Guaranteed Delivery, all delivery times shown on the website are approximate, and based on information from the Transportation Agency itself. It is advisable, before contracting the services offered on the website, to review the conditions of the Transport Agency one is considering using. At times the delivery of the Goods may be delayed for reasons beyond the control of both Packlink and/or the Transportation Agency. All transit times are based on hours/working days, from Monday to Friday. In case of holidays, either at the point of dispatch, transit, or the destination, this day does not count as transit time.
With regards to parcel services and any other similar ones that involve the collection or distribution of a small number of packages (maximum 5 packages, maximum weight per package 30 kg.), and that can be easily handled by a person, without requiring any other assistance than that afforded him by the machines or tools in the vehicle used, the costs of all loading and unloading operations will be borne by the Transportation Agency.
Shipments that require extraordinary or special means for loading and/or unloading will be accepted for transport, but the User accepts that the delivery may be made and left on the sidewalk, or left for pick-up by the recipient at the Transport Company's warehouse closest to his home, for at least 2 business days. Packlink will cooperate to locate vehicles and special resources for these deliveries, upon the User's request, but, in any case, the User must authorise the Additional Charge. Packlink will not mobilise any vehicle until the payment has been accepted.
Packlink does not allow deliveries to a post office box or the mailbox of a private address.
4. Terms and Conditions of the Transport Agencies
For the delivery and pick-up of the Shipments, the conditions of each of the Transportation Agencies shall apply. These conditions may be viewed on their respective webpages. In addition, as indicated in Section 3.2 (Contracting the Service) the User must accept them when formalising the shipment, when he will have access to them. In the event there is a discrepancy between what is published on this Website and on the webpages of the Transport Agency with respect to delivery and collection, the service conditions of the Transport Agency shall always prevail, as the rates published on the Website are based on them, except for those related to insurance coverage, with regards to which the public conditions on the Packlink Website shall prevail.
5. Obligations and Rights of Packlink
Packlink will be responsible for organising the pick-up and delivery of the Goods through the Transport Agency chosen by the User at the time the order is placed. Packlink does not directly handle the Goods. Rather, it takes charge of ordering/managing the Shipment through one of the Transport Agencies that collaborates with Packlink, and of which it is a Packlink client. Packlink shall handle all the claims/queries that the User places with regards to the order, provided that they are made in writing using the same e-mail account with which the service was contracted on the Packlink.
Users will receive their response to the complaint/inquiry via the same channel. For more information, see Clause 13: "Claim Management".
The Transport Agency and/or Packlink have the right to refuse any Goods for certain reasons, such as, but not limited to, the absence of packaging, insufficient packaging, or if the Goods exceed the dimensions and weight reported at the time the service was contracted, and if the nature of the Goods so requires (see List of Prohibited Articles).
6. User Obligations
All Shipments must be properly packaged and protected for transport, observing the Packaging Guide, taking into account the contents thereof, and ensuring that it does not cause damage or harm to the equipment or personnel transporting it. The User is responsible for ensuring that the packaging is suitable for the transport of the Goods. Complaints about the Goods when the Packaging Guide has not been observed will not be accepted, whether that of the website or the Transport Company chosen. Items that are not delivered in a box or that are not properly packaged are excluded from the services offered by Packlink, and could be subject to delays, returns, or be detained. In these cases Packlink will not issue any refunds for shipment costs incurred, and the User will have to cover the expenses generated by the transport until the cancellation of the order, "Failed Pick-up" or return of the Goods to their point of origin.
In addition, the User will be liable for damages caused by his Goods to other Shipments during transit if it is as a consequence of insufficient or inadequate packaging.
The Sender must ensure that he delivers the Goods to the courier representing the Transport Agency that he chose when placing his order. If the Sender of the Shipment is not the User, the latter will be responsible for informing the Sender of which company will be picking up the goods: failure to communicate this does not imply any responsibility for Packlink.
All Shipments must be properly labelled, and all Shipping Labels, Address Sheets and Commercial Invoices (if needed) must be glued so that they do not come off, and located on the largest flat surface of each package/item, to facilitate visibility. He must also make sure, when sending several packages in the same order, that the Shipping Labels and Address Sheets are properly attached.
If the Sender has not properly labelled the packages that make up the order, the courier of the Transport Agency may refuse to pick up the order. Neither Packlink nor the Transportation Agency will be responsible, in any case, for any delays in delivery, or non-delivery, owing to poor or ambiguous labelling, or any other deficiencies in the labelling by the Sender. It should be taken into account that Goods without a Shipping Label and Address Sheet cannot be re-sent free of charge. If a Shipment has to be returned for this reason, one will not be entitled to a refund for the transport contracted. In addition, the User will be responsible for the corresponding charges (see Clause 9: Additional Service Charges).
All the data provided by the User (including by electronic means) in relation to the request and contracting, labelling, transport or invoicing of the Shipment must be exact, complete, sufficient, and coincide with those provided in the contract. This data includes, but is not limited to, the weight and dimensions of the package, the contents of the package, and the following data on the Recipient: full name; complete address, including postal code, telephone number (always in the destination country) and email address. It is not the courier's responsibility to check this information.
The User undertakes to accurately declare the contents of the Shipment and their value.
The User understands that the declaration of value, if he does not contract Additional Insurance Coverage, does not entitle him to any compensation for losses or damages, as said "value" field is merely for information purposes, for the purposes of Customs, statistics, etc.
If the User has not provided all the necessary information, the courier of the Transport Agency may refuse to collect and/or deliver, in which case the expenses that may be incurred will be borne by the User.
The Goods must comply with all legal obligations and regulations governing the transport of goods by road, sea and air. Any administrative sanction that could ensue from a breach of this point, or if the Goods are deemed illegal, either in the country of origin, transit or destination, will be passed on to and paid, entirely, by the User.
Expenses that the User must cover include, but are not limited to: transportation charges, surcharges (including, but not limited to emergency, operational and fuel surcharges), storage expenses, VAT, taxes, interest, fines, administration expenses, Customs duties, insurance premiums and any other costs imputable to the User by Packlink in relation to transportation or required by regulatory bodies with regards to the Shipment, and any other amount that applies in accordance with these Terms and Conditions.
The User will be responsible for tracking his shipment, and contacting Packlink through the Help Center to address any delays, incidents or absence of updated information.
The User agrees to cooperate with Packlink and the Transportation Agency on the resolution of incidents within the periods indicated for the execution of the service contracted; as a general but not definitive rule, within two business days.
The User must provide Packlink with the information necessary for the handling of deliveries, the location of Goods, as well as any other information needed for the proper execution of the service.
It is the User's responsibility to inform recipients in Third Countries of the costs of Customs clearance and taxes that must be paid upon delivery of the goods, in order to prevent Customs incidents in which goods are retained or withheld. The User understands that if the Recipient does not pay the taxes due, they will be charged to his account through the same payment method that he used when contracting the service.
The User must provide the necessary documentation for the processing of claims (breakage, theft, loss, accidents, etc.) within the periods indicated in Section 13: Claim Management.
The User must send all inquiries/complaints through Packlink, which will then make the arrangements with the Transportation Agency on his behalf. If the User contacts the Transport Agency directly, this is likely to complicate and hamper subsequent handling of the incident. Packlink is not responsible, in any case, for steps taken by the User with the Transport Agency.
The User understand that, if he fails to comply with the conditions in this section, and the rest of the obligations established in these General Conditions, and the conditions of the chosen Transport Agency, Packlink and the Transport Agency will not bear any responsibility for any expenses, costs, losses or damages that may ensue. Likewise, in this case the User will assume responsibility for any damages or expenses that may be inflicted on Packlink or the Transportation Agency as a result of his breach of the conditions in this section.
7. Prohibited and/or damaged items
The articles appearing on the list of Prohibited Items cannot be sent through any Packlink service. It must also be taken into account, with regards to exports, that goods to be transported should be limited to ones that the Customs authorities at the destination will accept.
It is the User's responsibility to verify that the item is not included on the Prohibited Items list.
Goods appearing on the list of Prohibited Items may not be picked up, or may suffer delays, be returned, or confiscated by Customs authorities. In the event that, without the knowledge of the Transport Agency and/or Packlink.com, a Prohibited Item is shipped, no refund for the costs of the Shipment of the Prohibited Item (s) will be issued, and no type of claim for delays in deliveries or pick-ups, or of any other type, shall be allowed. If the Transportation Agency collects Goods on the list of Prohibited Items, the User is subject to a possible surcharge, and the return of the Goods, without the possibility of filing any claims based on included or additional coverage.
Keep in mind that Packlink has an automated computer system to handle Shipment requests, so the Packlink staff cannot control what is being sent. It is the User's responsibility to be aware of the Conditions of the chosen Transport Agencies, or to pose questions through the Packlink Help Center, to ensure that the Goods are going to be accepted.
If an item is damaged, to the extent that it cannot be transported, the Transport Agency may retain it for collection by the User. If the Goods cannot be retained, for safety or sanitation reasons, the Transport Agency may decide to destroy them, without prior notice.
8. International Transport and Customs
In cases of transport services where Packlink is required to collect or deliver goods in countries outside of Spain, the responsibility of Packlink shall be determined by the provisions of international agreements applicable at all times. In cases in which one must sign and attach some type of documentation to the Shipment, the User will be informed of this during the contracting process. This documentation must accompany the Goods, otherwise the Shipment may be delayed, or the Transport Agency could apply a surcharge that Packlink will have to pass on to the User.
For Shipments that require delivery outside the European Union, the User accepts that they will exclusively be definitive exports, as the service does not include temporary exports (returns, transfers of company assets, etc.)
It will be necessary to attach a Commercial Invoice, or Pro-Forma (if the Goods have no commercial value), in Spanish and English. In it, the User must provide a precise description of the article to be exported, as well as the reason for the export. If the Customs authorities find that the description does not correspond to the article(s) sent, or it is not accurate (example: it is stated that it is a gift, when in reality it is a purchase) a surcharge could be applied, or the Shipment could be returned, confiscated or destroyed. The User must ensure that the information on the invoice is correctly drafted. It is necessary to deliver multiple copies of the Commercial Invoice or Pro-Forma to the Transport Agency that carries out the pick-up. The number of copies required will be specified when the order is placed.
In some cases the User must also attach to the shipment an original Dispatch Authorisation, correctly filled out and signed. This document will be made available to the User when the service contracted in confirmed. If this document has not been properly attached to the shipment, Customs clearance is not guaranteed.
If the amount declared by the User specifying the value of the contents is incorrect, Packlink will not be responsible for any charges that may be applied or arise as a result. Shipments whose value exceeds five thousand five hundred (€5,500.00) Euros could suffer delays, as they require more paperwork for their dispatch. Packlink does not advise making Shipments whose value exceeds the maximum amount of the additional compensation that can be contracted.
At Packlink the User contracts and makes payment only for the cost of the Goods' collection, transit and delivery. Packlink has no control over the fees or taxes that may arise or apply in different countries with respect to the Shipment. The User is responsible for finding out whether there are taxes, charges or Customs taxes that will be or may be placed on the Shipment when it arrives in the destination country. The best way to find out is to ask at the embassy or consulate of the country in question. Packlink offers advice in the FAQ section in this regard, but this information is only for guidance purposes. Packlink does not have the authority or license to indicate the exact requirements and applicable fees in this regard. The Recipient of the Shipment must take responsibility for all Customs taxes and fees imposed by the Customs authorities in the destination country. If the Recipient fails to do so, when Packlink becomes aware of such unpaid charges, it will charge the User for all Customs taxes, fees or other charges that have not been paid by the Recipient. The User will be responsible for paying all these charges and taxes if the receiver or Recipient refuses to pay them. Many countries will apply a surcharge for the destruction/abandonment of the Goods if these taxes are not paid. The User will also be responsible for this charge.
This policy also applies to imports, with regards to which the Recipient is responsible for paying all Customs taxes, duties and other charges that may arise. In addition, in the case of imports, the Transport Agency will inform the User, once the dispatch has been made, of the Goods’ pick-up costs within the country, which he must pay upon delivery. If the User does not render said payment within two working days of this situation being reported, Packlink reserves the right to abandon the Goods at Spanish Customs, which may entail administrative sanctions on the importer (in this case the User), for which Packlink will not be responsible.
In the event that Goods must be returned from outside the country of origin, this will be carried out applying the import fee corresponding to the Shipment. Import rates are not always public, and are usually up to 30% more expensive than export rates. It is likely that it will be greater than the price paid for the export of the Goods. The User who contracted the Shipment shall be responsible for paying this fee.
9. Additional Service Charges
Additional Charges do not depend on Packlink.com, but rather on the Transport Agencies that customers hire, and the vehicle used by said Transport Agencies. Hence, Packlink.com cannot specify the exact amounts of the Additional Charges. The User understands that Packlink is authorised to charge and collect surcharges automatically via the same payment method specified by the User when he contracted the service.
If it is not possible to collect using the original payment method, Packlink will use all possible measures, including legal channels, to collect any pending amounts from the User.
a. Declared Weight/Volume Discrepancy
When the User enters the weight and dimensions of the Shipment, he pays in advance based on the amount corresponding to the weight and the measurements of the service contracted. It is mandatory to enter the exact weight and dimensions of each package. All packages/Goods are scanned several times by the Transport Agency. If the Shipment is of a weight or volume greater than the one declared at the time of the shipment, it could be retained, suffer delays in transit, and/or delivery, or be returned to its point of origin. In said cases Packlink will charge the customer's account using the same payment method used to contract the service, and the User will receive an email informing him of said charge.
These types of charges will be applied based on Packlink's public rate, without applying the discounts that the User could have in his Packlink account. These charges will be generated when the carrier reports the actual figures, within one year from the contracting of the service.
b. Failed Collection
If the Goods are not ready for collection in the place and at the time agreed to, a surcharge will be charged for a "Failed Pick-up". This surcharge will be at least €2.00 and up to €15.00 plus VAT, depending on the vehicle used to handle the collection and the Transport Agency contracted. Additional Charges may arise in cases of failed collections or delays in collection for reasons attributable to the User or to the Recipient and that were not covered/included in the service contracted.
c. Address Changes
Changes of address are understood as any change to the collection or delivery address. This charge may even be applied due to a lack of data in the address documented. This surcharge will be at least €2.00 and up to €15.00, plus VAT, depending on the vehicle used to handle the collection, and the Transport Agency. If the delivery must be made in a different postal code, even within the same city, this constitutes a re-dispatch, and not a change of address, such that the cost, in this case, would be the same as for the original shipment.
d. Additional Deliveries
If the Transport Agency has exhausted the planned delivery attempts for the type of service and in accordance with its operating conditions (in most cases a first attempt is made, and a second attempt, free of charge), any additional delivery attempt shall entail a charge that can range from 2.00 to a maximum of €5.00 + VAT, depending on the vehicle used for the delivery and that of the chosen Transport Agency.
10. Payment Methods
The payment methods accepted on the Website are:
- Credit or debit card: Visa, MasterCard.
- PayPal Account.
With these two payment methods one can choose deferred payment, grouping billing every 15 days. This option may be requested in one's Account Settings, in the Payment Methods section.
11. Deferred Billing
Packlink makes available to companies and freelancers the option of making grouped payments for its services via direct debit. For this, the User must contact Packlink and send the necessary documentation to set up a Deferred Account. Once approved by the corresponding department, the User will have access to the new payment method.
A User with deferred payment undertakes to generate a minimum billing of thirty (€30.00) Euros biweekly, such that, in the event that the billing cycle has elapsed, and this amount has not been reached, Packlink reserves the right to cancel the deferred billing. Packlink generates 2 monthly billing cycles, the closing date of which is the 15th, and last day of each month, collecting via direct debit the business day after the invoice is issued.
In the event that a customer’s charge is rejected, Packlink may hold him responsible for the financial expenses incurred as a result. Non-payment by the User of invoices issued will entail cancellation of access to the deferred account and deferred payment.
12. Discount Coupons
Sometimes Packlink sends Discount Coupons by email to its Registered Users and to those clients that have issued their authorisation for the sending of commercial communications. If a User has a coupon, to obtain a discount he must enter the coupon number when placing his order. No more than one discount coupon can be used applied to the same Shipment. Once the discount coupons have expired they cannot be exchanged on the Website, nor may they be exchanged for others with new expiration dates. Discount coupons can never be exchanged for money.
13. Claim Management
a. Maximum responsibility of Packlink
The maximum responsibility of Packlink shall be governed by the provisions of domestic and international legislation applying to the transport services offered by Packlink.
Currently, this legislation is as follows:
- i. Land Transport in Spain: Law 15/2009 and its enacting regulations.
- ii. International Land Transport: Convention on the Contract for the International Carriage of Goods by Road (CMR), signed in Geneva on May 19, 1956.
- iii. Rail Transport in Spain: Law 15/2009 and its enacting regulations.
- iv. International Rail Transport: Convention Concerning International Carriage by Rail, signed in Geneva on May 9, 1980.
- v. Air Transport in Spain: Air Navigation Act of 1960 and the Commercial Code.
- vi. Air Transport, internationally: Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on May 28, 1999
- vii. Maritime Transport in Spain: Law of December 22, 1949. International Maritime Transport: International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, of 25 August, 1924; Brussels Convention of 1924; Hague–Visby Rules of 1968; Brussels Protocol of 1979.
- viii. Law 43/2010 of December 30 on worldwide postal services, the rights of users and the postal market.
b. Modality and deadlines for claims for damages or losses
Packlink will not be able to identify the user if he submits the claim via an email account different from the one provided during User registration. However, the User may grant access to the claim by third parties provided that a Sworn Statement is provided granting this authorisation.
Users are to file claims through the Packlink Help Center and should always complete a written claim form. Packlink will be able to help/advise him to carry out all these procedures.
All claims for losses or hidden or non-apparent damage to Goods must be initiated within the periods set forth below, which will be calculated from the day following their delivery at the Destination:
- i. Domestic land transport: 7 days
- ii. International ground transport: 7 days
- iii. Domestic air transport: 10 days
- iv. International air transport: 14 days
- v. Domestic maritime transport: 24 hours
- vi. International maritime transport: 3 days
If the loss or damage to the Goods is evident, the Recipient must register his complaint at the time of delivery on the delivery note, consignment note or the carrier's PDA (tablet). The Recipient is to record on the delivery note that he has received it with "With Damage". If the delivery receipt indicates that the Goods were delivered without any complaint being registered, one's claim for apparent damages may not be satisfactorily handled.
In any case, if the User decides to file a claim, he must ensure that the Recipient keeps the Goods and its packaging, so that it is available for an expert assessment, unless Packlink provides written instructions to the contrary. The Goods must be available for inspection in the state in which they were delivered, and at the address to which they were delivered. If the items have been tampered with, repaired, or if the packaging has not been conserved, the claim will be rejected.
In the event of delays, written complaints must be presented within twenty-one (21) days from the day following the delivery of the Shipment to the Recipient.
No claims will be accepted presented outside the aforementioned periods, or when the Sender has not previously fulfilled the obligations imposed by this contract.
In cases of total loss, the claim will only begin to be processed once the Transport Agency has carried out an intense search at its warehouse(s) and classified the Goods as a "Loss". This search and declaration of loss process by the carrier usually lasts up to thirty (30) days from the date scheduled for delivery. The User agrees to collaborate in these location tasks, providing all information requested from him.
After the active search for the shipment, the passive search phase commences. If the shipment is subsequently located, the User is informed and delivery instructions are requested.
In order to have any claim processed, the User must employ the Communication Channels, and always using the email account provided when he placed his order.
Packlink, after having received the claim, will request documentation proving the damage or loss: Essential requirements to file a claim
Loss Form (after the Customer Service Dept. has received the claim it will give the User access to it)
Transport Agency delivery noted signed by the courier (save for exceptional cases).
Commercial invoice (purchase/sale) of the Goods transported, or receipt. This should always feature matching data between the Sender and Recipient; if the orderer is not the sender of the Goods, a document must be provided indicating the relationship between the three parties.
In the event of breakage, images of the Goods and the outer and inner packaging, as well as the contents and obvious damage (cracks in cases, for example) upon receipt:
Photo of the damaged goods in their entirety: the photo must show the damage in its entirety and not just a close-up, or part of it. If the damage is not noticeable in a general image, it will be necessary to add an additional image of the article in which it is visible. If more than one damaged item is found, the image should include a grouping of all the items.
Photo of the outer packaging, including the label of the transport company: the photo must show that the shipment was made using the transport company and that the claim corresponds to the shipment contracted. The photo must be taken at a distance such that the shipping label is visible.
Photo of the goods with their inner packaging: the photo should show that the packaging used protected the contents during transport. Image of damaged Goods inside the packaging, just as they reached the recipient.
Damage repair budget, if applicable.
Delivery note with comments by the Recipient, in cases of damage.
If any of the aforementioned documents is missing, the claim will be incomplete and, therefore, will not be processed.
In relation to claims, the following points should be taken into account:
- Confirmations of payment or collection through platforms such as Paypal, Catawiki, eBay and other payment platforms, as well as website publications of the purchase of articles, will never be considered invoices or proof of the value of the Goods.
- In the event that a damaged item cannot be repaired, the User must accredit this by submitting a document drafted by a specialised technician.
- A User who submits a claim henceforth assumes responsibility vis-a-vis the insurance company and the different arbitration boards, such that any attempt to commit fraud or to falsify documents will be the sole responsibility of the User for all legal and administrative purposes.
Keep in mind that Packlink may require up to 7 days to review the details of the claim before contacting the User and providing a written response.
Once the claim is being processed, the periods for the submission of documentation will be as follows:
Lost goods: 1 year from the date of the collection of the goods.
Missing contents: Pictures, to be sent within two months of the date of the delivery of the Goods. Other documents: 1 year from the date of collection.
Damages: Pictures, to be sent within two months from the date of the delivery of the Goods. Other documents: 1 year from the date of collection.
The deadline for the resolution of a claim for loss or damage is 90 days. This period will begin when the file is complete and is conveyed to the Insurer.
A settlement letter will be issued to offer compensation for the Goods and transport costs, and the User will be asked for his bank information.
Compensation for Goods is not subject to VAT, in accordance with the provisions of Law 37/1992 on VAT, Art. 78.31º. Payment will be made by bank transfer.
Shipping charges will be defrayed, VAT included. The payment will be made through the same means used for the contracting of the service.
If the Goods are recovered after the User has been compensated for their loss, he is obliged to return the compensation to Auctane, S.L.U. via bank transfer using the account that the latter designates.
Claims for the delivery of Goods will not be accepted if the User has cancelled the order, requested that it be halted, or sent back, or once it has been given to the Transport Agency, as it cannot be guaranteed that Goods will be returned to their origin once their transit has commenced. However, Packlink will do everything possible to cancel the delivery, if the User so requests.
Insurance coverage is applicable only in cases of loss or obvious damage, indicated on the delivery note; and non-apparent damage, provided that an expert assessment determines that it was caused during the transport of the goods.
i. Coverage: Goods Insurance (Loss / Damage)
All services include the coverage expressed in Point 13.a, Maximum responsibility of Packlink, except for those whose content is included in Point 7, Prohibited and/or Restricted Items, which are transported with the User's knowledge and consent, and at his own risk and under his own responsibility. In every case, in order to present a claim it is essential that the user complies with Point 13.b, Modality and deadlines for claims for damages or losses. If the User desires additional coverage (insured risk) of the total value of the Goods, up to a maximum of 2,500 euros, he must specify this during the contracting process.
When a User hires additional coverage, this refers to the Shipment contracted, regardless of the number of packages that the Shipment includes. In the event of loss, compensation will be for the maximum coverage amount claimable, pending documented justification of the value of the goods in question.
The User is responsible for indicating the amount insured, which must be substantiated presenting invoices of the Goods, in the event of a claim. The insurance company may invoke underinsurance if the claimant has not hired insurance covering the actual value of the goods, this rule being applied in accordance with Law 50/1980 of October 8 on Insurance Contracts and its enacting regulations:
Amount Insured: €250
Loss Amount: €341.14
Actual amount of the Goods: €341.14
Percentage to be applied of the Value Insured: 73.28%
Amount to be paid out: €183.21
Amount Insured: €300
Loss Amount: €250
Actual Value of the Goods: €600
Amount to be paid out: €125 (Amount Insured x Amount of Damages/Actual Value of the Goods)
The additional coverage excludes damages and/or losses involving used goods, these being understood as any Goods with an invoice date from 60 days prior, or more, unless additional second-hand insurance is contracted, as per Point 13.c.ii.
In cases in which the client hires coverage of shipments of more than one package, it must be taken into account that the insurer will calculate the average value per piece; thus, if a shipment containing 2 packages is insured for €1000.00, the client understands that the maximum per-piece compensation is €500.
The coverage will be effective for all contracted services, as long as the transported goods are not on the Prohibited or Restricted Items List, or have suffered damage due to insufficient packaging, in which case, the User accepts at the time of hiring that they are being transported without any insurance coverage at all.
In all cases of obvious damage the insurance coverage requires that this be indicated on the delivery note/PDA; if the Recipient does indicate the damage at the time of receipt, the User exempts the carrier and Packlink from any liability for it. In cases of non-evident damage, the client must file a claim within 7 days of delivery.
The coverage will only take effect if the User is current on payments of all services, or additional charges thereto. If any amounts are unpaid at the time of the claim, Packlink will be responsible exclusively in accordance with the limits established in current legislation.
ii. Additional Second-Hand Insurance Coverage
Users who are sending second-hand Goods–that is, any Goods with an invoice date more than 60 days old– may hire coverage of up to €500, for which they will choose the "Second Hand" option during the contracting process. The Insurer will demand, in all cases, a Sworn Statement of Value and Proof of Value in order to process the compensation.
iii. Items without insurance coverage
The following items, though their transport is not strictly prohibited, are not covered by any insurance, including coverage established under domestic or international legislation related to transport, or by the free insurance included in the price of the shipment, nor may they be insured by means of Additional coverage: List of items not eligible for insurance coverage.
iv. Packaging used
The User is responsible for ensuring that the packaging is adequate for the transport of the Goods. No claims will be accepted for Goods that do not comply with the Packaging Guide.
14. Order Cancellation
All cancellation requests will be handled in accordance with our Cancellation Policy.
In the event that the Orderer decides to cancel his order after making the payment for the service, he must contact Packlink and communicate this in writing via the same e-mail address that he used when he contracted the service.
Packlink may cancel, at any time and without notice, any service contracted by Users appearing on the "Denied Party" list published by the European Commission: (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm).
In all cases the Customer Service Department will inform the User of the cancellation of the order.
In the event that the request for cancellation of the Shipment occurs before the Transportation Agency has begun its trip to pick up the Goods, the User will not have to pay Packlink any penalty or compensation, and the price of the transport contracted will be refunded, within ten (10) business days of the date of the receipt of the cancellation.
In the event that the request for the cancellation of the Shipment occurs after the Transportation Agency has collected the Goods at the Pick-up Site, but before the actual delivery of the Goods at its Destination, Packlink does not guarantee the stoppage and return of the shipment, in any case, such that the Registered User will not be entitled to a refund on the transport contracted, and will have to pay Packlink, in advance, for the cost of the transfer of the Goods to be returned to the Pick-up Site or address indicated by the Registered User.
In no case may the User cancel the Shipment after the delivery of the Goods to its Destination.
Cancellations that are requested because the order was duplicated are always free; duplicated orders being those in which the first order has already been paid, and a second one, requiring cancellation, shares the same point of origin and destination information.
15. Waiver of Liability
Delays in service may occur for the following reasons:
- War, civil war, invasion, acts by a foreign enemy, hostilities (whether war has been declared or not), rebellion, revolution, insurrection or usurpation of power, looting and pillaging.
- Ionising radiation or contamination due to radioactivity; radioactive, toxic, explosive, dangerous or other properties, or any other from an explosive nuclear component; and/or pressure waves caused by airplanes and other aerial devices that travel at sonic or supersonic speeds.
- Strikes, demonstrations; celebrations of Provincial, Regional or National events in the collection, transit or delivery area.
- Natural catastrophes or adverse weather conditions that hinder the normal movement of the vehicles used to transport the Goods.
- Missing, inadequate or improper packaging of the Goods.
- Incomplete information, impeding delivery or collection.
- Shipments to and from Remote Areas, both domestically and internationally.
- Shipments contracted underreporting the weights or measurements of the goods sent
Delays in service produced by any of these situations shall nullify any claim, not generating any rights to compensation or refunds.
16. Restricting access to the services
Packlink may, at any time and without prior notice, restrict the User's access to Packlink and/or refuse to correspond with the User, when:
- the User appears on the Denied Party list published by the European Commission. (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm)
- there is a regulatory or legal change that limits Packlink's ability to provide access to it;
- there is an event beyond the control of Packlink that prevents access to it (for example, and not limited to, technical difficulties, capacity problems or communication problems);
- the User's conduct is abusive towards Packlink, or his actions violate the General Conditions set forth herein;
- The User is in violation of any of the rules established in the website's Usage Condition and/or the Particular Conditions that may be included therein.
17. Supplementary legal regime
With regards to anything not covered by these General Conditions, the provisions of national and international legislation governing the transport services offered by Packlink shall be observed.
18. Applicable legislation and jurisdiction
This contract shall be governed by Spanish legislation, which shall apply to the provisions of this contract regarding its interpretation, validity and execution. The parties submit to the authority of the Courts and Tribunals of Madrid.
As an exception to the foregoing, the parties submit to the competent Transport Arbitration Boards, in accordance with Spanish law, to resolve disputes whose amount does not exceed €15,000, provided that said disputes involve ground transportation services.
19. Divisibility of Clauses
If it is determined that any clause in these General Conditions is not applicable, under the law, the enforceability of any other parts or clauses of these General Conditions shall not be affected.