LOCKER INPOST ITALIA SRL with sole shareholder – Registered Office and Head Office: Via Lepetit , 8/10 Milan (MI) 20124 – firstname.lastname@example.org
Milan Companies Register and Fiscal Code n. 08568700960 – VAT number 08568700960 – REA n. MI-2037066
1 – INTRODUCTION
1.1. These General Conditions of Service (hereinafter also referred to as “GTC”) apply to the services of Locker InPost Italia Srl (Hereinafter referred to as “INPOST”), even if purchased online.
Locker Inpost Italia Srl, manages logistics exclusively, in its own structures called “ lockers “, while the services of picking up, transporting and delivering parcels will be carried out by third parties, hence Locker Inpost Italia Srl is not to be considered as a postal operator or as a courier and, therefore, the legislation referred to this sector is not applicable even for what concerns authorizations.
The types of services provided can be summarized in the following cases:
- Address to Locker (a shipment is picked up at a distribution center or at a house by a third carrier and is delivered in a locker)
For access to certain services, a subscription is required together with the activation of “Technological Solutions” provided by INPOST, as well as an internet connection.
With the use of the service provided by INPOST, the Customer (hereinafter also referred to as “Sender”) fully accepts, in all respects, also on behalf of the recipient and / or any other person having an interest in the execution of the service, the present GTC and any other document and / or attachment to which they refer.
INPOST, at its discretion, may make changes to these GTC, giving them publicity in the forms required by law, including publication and updating on the company website.
Any declaration notwithstanding these conditions, made by employees of INPOST, by employees, collaborators or third parties in general, will have no binding legal value. Any supplementary and / or modifying agreement of these conditions, if not expressly approved in writing by a person endowed with appropriate powers, will be considered as not affixed.
1.2. For the execution of the services referred to in these conditions, the Customer authorizes INPOST to use at discretion, at any stage and for any activity, the organization of group companies and / or the services of third parties.
1.3. The premises, attachments and documents cited herein constitute an integral and substantial part of these GTC that cancel and replace, in full, the GTC reported in the previous version.
1.4. Trademarks, logos, domain names, as well as, in general, any distinctive sign used to distinguish INPOST and related services, are protected by current applicable legislation; therefore, reproduction in any form is forbidden without express written authorization.
The description of the services provided by INPOST is also reported on the website www.inpost24.it in compliance with the provisions of Legislative Decree 261/1999 and subsequent amendments as well as the Resolution 413/14 / CONS and s.m.i of the Italian Communications Authority (AGCOM) ).
2 – WAYBILL
2.1. The Customer, in absence of different written agreements, undertakes to deliver the single shipment, together with the relative completed and signed waybill, also for acceptance of these GTC, and to present any other document expressly required or, in any case , to fill in the loading document issued by the carrier.
When you use the Locker Services or send us e-mails, text messages (SMS) and other communications from your computer or mobile device, you communicate with us electronically. We may communicate with you in various ways, such as e-mail, text messages (SMS), in- app notifications, or by posting messages and communications on the site or through other Locker Services, such as our Communications Center. Subject to the specific legal provisions of an imperative nature, for the purposes of this contract, you agree that all contracts, notifications, information and other communications that we provide you in electronic form satisfy the requirement of the written form, whenever required by law
With reference to the single shipment, in the hypothesis of discrepancy between the indications on the forms relating to the service, the indications given on the waybill will prevail.
2.2. The waybill must be completed in every part, including the section concerning the payment methods, in a clear and readable way and must be signed by the Sender. In particular, the consignment note must provide accurate and complete information of the sender and recipient, including the ZIP code (cap), the telephone number of both subjects, fax and e-mail address and certified mail, if available.
INPOST assumes no responsibility for the possibility of damages resulting from incorrect, incomplete or unreadable information, even if not detected but its employees at the time of acceptance of the shipment.
2.3. INPOST, after two years, can destroy the proof of delivery of the shipment. The customer undertakes to inform the recipient and any other person who may have an interest in the shipment in advance about this circumstance.
The Customer acknowledges and accepts that the receipt of the shipment can be acquired and produced by INPOST also in digital format.
3 – RIGHT OF WITHDRAWAL
3.1. INPOST may withdraw at any time from the appointment already concluded, in case where for an accepted shipment the following occurs: a) it is not complete with the required information, packaging labeling, documents required by laws, regulations, administrative provisions and conventions, including international ones, pro tempore in force; b) due to the characteristics of the content a normal performance of the assignment cannot be obtained; c) can cause harm to people, animals or things; d) it is subject to rapid deterioration or decomposition.
In such cases, INPOST reserves the right to return the single shipment to the sender and, in the event of imminent danger or deterioration, it reserves the right to proceed with its destruction. The Sender will be held responsible for the harmful consequences and for the expenses that, in this hypothesis, for any reason, may derive.
3.2. The Parties may in any case withdraw from the contract, by registered letter a / or, alternatively, by certified mail , to be sent with at least 30 (thirty) notice, except if otherwise provided for in the sales conditions and / or other special conditions applicable to the single service. The customer cannot exercise the right of withdrawal if the package is already being delivered to the recipient. Nothing will be due as a consideration for the right of withdrawal.
3.3. If the Customer, under the application of advantageous economic conditions, is committed to entrust certain volumes of shipments, in the case in which he intends to exercise the right of withdrawal, he accepts that INPOST may charge the price increase provided for in the sales conditions or in other contractual documents, based on the detection of the real number of shipments assigned.
3.4. In the case of “distance” contracts, there is no right to withdraw on behalf of the customer pursuant to Article 59, letter n, of the Consumer Code and subsequent amendments.
4 – PERFORMANCE OF THE TASK – ACCEPTANCE OF THE DEPOSIT FINALIZED TO THE SHIPMENT
4.1. The tasks conferred verbally or by telephone must be confirmed in writing by the Customer (see Article 2.1).
The request for additional services with respect to transportation or the indication of terms and conditions must be expressly accepted by the carrier, and may engage INPOST, only if expressly accepted, in writing, by a person with appropriate powers.
4.2. Unless otherwise specified, the order accepted by INPOST will be executed starting from the business day following the day of the filing of the parcel.
In the hypothesis in which the characteristics of the chosen service provide that the packaging of the shipment is charged to INPOST, the Customer is aware and accepts that the effective date of delivery and the handing over to the carrier may, in hypothesis, be postponed with respect to the date of request or entrustment of the assignment.
4.3. As far as the number of assignments entrusted is concerned, the summary report will prevail, where applicable, as transmitted to the Customer, at the end of the processing phase, even in the absence of clear acceptance of the latter.
5 – DECLARATIONS AND OBLIGATIONS OF THE CUSTOMER / SENDER
5.1. The Customer, under his own responsibility, declares to have the full, legitimate title and availability of the goods object of the contract or to be an authorized representative of a person who has the title and availability.
Furthermore, he declares that the content of the single assignment has been correctly described in the relevant waybill and does not fall under any of the types of goods that are not acceptable for transportation by the carrier pursuant to the following art. 20, as well as under any current pro-tempore regulatory provision.
The Customer also declares that the package is suitably packaged in order to guarantee the transport without risk of damage to the contents and, in this regard, it is agreed against Inpost the non-applicability of the presumption established by the art. 1693, paragraph 2 of the Civil Code provided for the carrier.
The Customer expressly authorizes INPOST not to execute or interrupt the execution of the assignment, if the goods have not been correctly and adequately described in accordance with the relevant legal provisions, as well as in accordance with these service conditions. In this case, at the unquestionable judgment of INPOST, the property can be returned with costs borne by the sender (or abandoned in any place, perhaps it is excessive to abandon it in any place).
5.2. The Client, upon assignment of the task, undertakes to provide for each package: a) all the accompanying documents requested by the carrier according to the pro-tempore provisions in force; b) all the instructions and indications necessary for the correct and rapid execution of the assignment, including, if necessary, the number of packages, the weight expressed in kg, the address of the sender and of the addressee complete with zip code and initials of the province; c) closing times and shifts for delivery to the recipient; d) measurements (width / length / height), where required by the type of service.
5.3. In the event of execution of the assignment as a result of direct sale or distance selling between the Customer and a person attributable to the category of “consumer”, the Customer is required to state, in a clear and detailed manner, the addressee, in compliance to the content of these GTC, the terms of delivery that are indicative and about the consequences of any disruption which may cause the damage of the shipment (limitations of liability, forfeiture, etc ). Otherwise, it will be held responsible, even against INPOST, for omitted or insufficient information provided.
5.4. The Customer also undertakes: (i) not to use the services regulated here to contravene directly or indirectly all the provisions of the law pro tempore in force; (ii) to strictly comply with the packaging, weight and size limitations provided by INPOST, to complete the forms relating to the selected service in a complete and correct manner and not to make any conflicting indications, especially in relation to the characteristics and accessory services required; (iii) to assume full responsibility in relation to the contents of the deposits, with express exoneration of INPOST from any responsibility and burden of assessment and / or control in this regard; (iv) to indemnify and hold INPOST harmless against any loss, damage, liability, costs, charges and expenses, including any legal fees that may derive from non-compliance with current regulations or any non-fulfillment, on the side of the Customer, to obligations and guarantees provided or otherwise connected to the service; (v) to indemnify and hold INPOST harmless from any request for compensation for damages, filed by court or out-of-court, by the recipient and / or third parties, in excess of the provisions of these general conditions and any other document to which they refer to.
5.5 The Customer agrees that INPOST, through its employees or third parties, has the right to verify and inspect without limitation, each shipment and its contents, at the same time relieving itself from any responsibility in this regard.
The Sender also guarantees to have set up the single package in safe places, using reliable personnel and that the same has been preserved from any unauthorized or illegal interference during the preparation, up to the moment before acceptance on behalf of INPOST.
5add – PROHIBITION TO TRANSFER WAYBILLS – CONSEQUENCES OF THE TRANSFER – LIMITS AND RENUNCIATION TO THE EXERTION OF SHARES
In the hypothesis of assignment of waybills, even if authorized, the Sender / Customer will remain the only interlocutor and the only person entitled by INPOST to make requests in relation to the performed services of which INPOST will respond, in each case, within the limits and under the present conditions.
The Customer / Sender agrees, also for the effects of art. 1381 of the Civil Code, in relation to the services performed under these conditions, to ensure that third parties do not make claims, in any way, against INPOST.
In addition, the Customer expressly waives, as of now, to call INPOST for third party assignors of waybills or, in any case, for claims deriving from such assignment. Furthermore, it waives to claim against INPOST in case of reimbursement, damages, also foreseen by judicial measures or transactions, for the effect of which the Customer has been obliged to pay sums. Furthermore, in relation to the hypothesis mentioned above, if INPOST for the effect of any provision, including judicial, has been ordered to respond beyond the limits set out in these general conditions, the Customer undertakes to refund INPOST.
The Client / Sender, in the case of transfer of INPOST waybills to third parties, will remain the only responsible person in relation to third parties, relatively to claims made, both in judicial and out-of-court procedures.
6 – PACKAGING
The Customer / Sender must take care of the packaging of the parcel in order to guarantee a regular and correct execution of the loading, unloading and handling operations, as well as to prevent the loss or damage of the goods contained therein, damage to persons, animals or things. Damages, possibly deriving from unsuitable packaging, will affect the Customer / Sender.
The Sender must ensure that the packages are carefully sealed with a system suitable to prevent their opening and to allow the subsequent repackaging. In particular, neutral adhesive tape should not be used.
7 – CHECKS – BILLING FOR ANY REDUNDANCIES
The Customer is required to verify that the size and weight of the packages are among the characteristics of the service purchased. Furthermore, it expressly accepts the right of INPOST to weigh and measure, at any time, the parcels with automated and certified means, as well as the right to invoice the surplus amount resulting from the redundancies found, according to the economic conditions envisaged by the selected service.
The Customer must pay particular attention to the determination of the weight and the measurement of their parcels, because, except in the case where INPOST detects a weight or a larger measurement, the weight declared by the Customer will be considered useful for billing purposes.
The verification of weight and dimensions above, can also be performed in the phase following the acceptance of the service and in the absence of the customer. The outcome of the response, carried out with systems certified by third parties, will be considered valid in the relations between INPOST and the Customer. The latter can view the related documentation by appointment at the INPOST site.
The invoicing for any redundancies of weight and size found, may also take place after the execution of the assignment and, in any case, within any time limits provided for by the regulations.
If any excess weight and / or size is found in the presence of the customer, the latter may supplement the cost increase by delivery of additional waybills, should this be provided for by the conditions of the service purchased.
It is agreed between the parties that the shipping costs must be calculated as indicated by the carrier in the sales conditions corresponding to the purchased service.
8 – COLLECTIONS AND DELIVERIES
8.1. Except as provided for in the specific sales conditions or as otherwise agreed in writing, the carrier informs that the collection and / or delivery of packages are intended to the ground floor of the street number of the sender and the recipient.
The carrier advises that the delivery will be deemed to be regularly made to the recipient, to the recipient’s family, to cohabitants, to porters, hotel managers, shops, establishments, offices or the like, where the recipient is lodged or assigned or otherwise third subject as expressly indicated.
Without prejudice to mandatory legal provisions, INPOST is exempted from any liability in the cases in which the carrier has delivered the shipment to the intended address.
8.2. For loading and unloading, withdrawals and deliveries made in ways that require the execution of exceptional and accessory services compared to those provided, an amount will be due respectively by the sender or the recipient, unless otherwise agreed in writing, the amount will be evaluated in reason to the amount of the service.
Unless otherwise specified, the shipper of the delivery will be represented by INPOST or by auxiliaries of the same INPOST.
9 – SERVICE HOURS FOR THE WITHDRAWAL AND DELIVERY OPERATIONS
9.1. Collection and delivery services are carried out according to the type of service purchased. Delivery and collection at a Locker are normally carried out 24 hours a day, 7 days a week, while delivery and collection at home are normally carried out by the carrier from 8 am to 6 pm, unless otherwise specified. The meridian interruption follows local habits.
9.2. The carrier does not collect and deliver at home, unless it is explicitly foreseen by an act signed by a person with suitable powers or by the type of service purchased: a) on Saturday and Sunday; b) on weekdays holidays; c) during the holiday closing period established by the category; d) on the days and at the times when the circulation on urban and / or extra-urban roads has been forbidden by law; e) on days when, by local custom or by the disposal of the public administration, warehouses and / or offices, shops and businesses should remain closed; f) due to force majeure.
The request for different services compared to the above must be agreed upon rightly with a party that has appropriate powers, also in relation to the applicable economic conditions.
10 – TERMS OF DELIVERY
10.1. The delivery of the shipment is carried out according to the criteria of normal care, taking into account the traffic and traffic conditions.
Any request for modalities, delivery terms or specific times in the execution of the assignment, by the Customer, will have no binding legal power for INPOST, and must be expressly agreed in writing by the company unless expressly accepted by the subject that has suitable powers.
10.2. No claim or demand, for any reason, may be made against INPOST in relation to the location of the operational headquarters indicated for the collection of the shipment.
11 – DISMISSAL OF THE SHIPMENT
11.1. The release of the consignments allows you to give instructions on an undelivered shipment and to request a second delivery attempt or request the abandonment.
Any request to deliver the shipment to an address and / or recipient other than the original destination can be satisfied, in general, after the release of the shipment, by the sender or by the recipient in the event that the latter is absent and a notice of non-delivery is supplied, except for the obligation to reimburse expenses and to compensate for any damages deriving from the counter-order.
11.2. Notwithstanding the foregoing, the sender, following the assignment of the shipment to INPOST, by way of derogation from art. 1685 cc, cannot ask to suspend the transport or return of things already entrusted to the carrier. Upon request, INPOST, at its discretion, may try to interrupt the shipping process already in progress without although taking any specific responsibility.
11.3 All the parcels present in a locker for a period of more than 3 calendar days will be withdrawn from INPOST and deposited at the HUB of one of our partners, with deposit costs to be borne by the sender.
12 – CONTRACTUAL AMENDMENTS
INPOST reserves the right to modify the present General Terms and Conditions, the characteristics and conditions of the services offered, giving them publicity in the forms provided for by the law or by these conditions, including publication on the company website.
In particular, the Customer acknowledges that the agreed services may be subject to changes and/or changes, to be communicated in writing, by INPOST. The burden of communication can also be fulfilled through information on the first useful invoice addressed to the customer or via communication sent to the e-mail address or certified e-mail, as provided by the customer. In the event of non-withdrawal by the Customer, to be notified, in the absence of any specific provisions regarding the service, within the next thirty days from receipt of the invoice containing said communication or receipt of communication sent in other forms, the change will be deemed accepted.
Certain services may be canceled, suspended or may be subject to authorizations, guarantees or the subscription of specific conditions.
13 – EXEMPTION AND LIMITS OF LIABILITY
13.1 INPOST is not responsible for loss, theft or damage to property deposited in lockers, only in the event that the damaged party proves that the event occurred due to intent or gross negligence attributable to INPOST.
Except in cases of willful misconduct and gross negligence, INPOST’s liability will in any case be limited to 1 (one) € per kilogram of gross weight of the goods.
In any other case, the liability of INPOST will also be limited to the lowest amount between € 1.00 (one) per kg of merchandise and the value of the actual loss or damage of a parcel as determined in art. 15.
It is expressly agreed that any refund may also be made by waybill of one of the INPOST services.
13.2 Indirect damage waiver: INPOST cannot be held responsible, in any case, for losses and / or indirect damages of any kind, however occurred, that the Customer / Sender should suffer on the occasion and / or as a consequence of the task performed, regardless of the fact that it could and / or was aware of the possibility of occurrence of such losses and / or damages, including but not limited to loss of earnings, profits, goodwill, customer and image.
The responsibility of the transport will be exclusively of the carrier, with the exclusion of any direct or indirect responsibility of Inpost.
14 – DEFINITION OF REAL VALUE
For the purposes of this article and of article 13, without prejudice to the exemption and limits of liability set forth in the same art. 13, the classification between documents and parcels is determined according to the definition given by the Customer / Sender at the time of delivery of the shipment.
For documents transported in accordance with these GTC, we mean any object without commercial value. For parcels transported, in accordance with these GTC, we mean any object having commercial or exchange value.
The real value of a package will, on the other hand, be determined by the lower sum between the cost for repair or replacement and resale at market price, which exists at the place and time of the request for execution of the shipment.
In no case will the value of the parcel exceed the original cost or the value of 250 euros.
15 – NON-ASSIGNED LIABILITY
15.1. Inpost will not be in any case responsible for delays occurred in the pickup, transport or delivery, regardless of the cause of such delay.
INPOST, moreover, will not be, in any case, responsible for loss, failure, incorrect or non-delivery of shipments transported by the carrier, who will only respond to events subject to the limitations of the law or those upon which he agreed.
The theft of the parcels assigned to INPOST is presumed to be due to fortuitous circumstances, force majeure or the third party, except in cases of willful misconduct or gross negligence that must be duly proved by the sender and / or the recipient.
15.2. INPOST has the right to compensation for damages due to the sender and / or the recipient, reimbursement of expenses incurred and compensation, within the limits of the law, for any fines or penalties.
16 – COMPLAINTS
16.1. The claim for damage or lack of goods not found at the time of delivery must be made to the INPOST customer service within 8 calendar days from the date of delivery of the shipment by INPOST or within the different terms, where they are mandatory, provided by regulatory provisions applicable to the type of transport.
Beyond the terms indicated above, no complaint can be made against INPOST. Furthermore, no claim will be refunded before all costs and expenses for deposit and transport have been paid.
No amount relating to claims can be deducted or brought into compensation by the Customer independently from the costs and expenses of deposit and transport due to INPOST.
16.2. It is also agreed, also under Article 1352 of the Civil Code, that the warnings addressed to INPOST, to produce the effects referred to in art. 1219 of the Civil Code, must be formulated by written act, with the express exclusion of e-mail messages, text messages and, in general, with uncertified procedures.
17 – DEROGATIONS – FAILED RELEASE – DEPOSIT
17.1. Notwithstanding the articles 1685, I comma, 1686 and 1690 cc, in the event that the transport to be borne by the carrier cannot be carried out and / or the shipment cannot be delivered, the Customer / Sender will be informed by INPOST, on behalf of the carrier, in the least possible time, according to the procedures provided for by the service. Information on the status of shipments is also available on the website (cd track and tracing) or via a paid call to be made to customer service.
If the delivery is rejected or it is impossible to find the recipient or the locker is not working, INPOST will request instructions from the sender or will return the shipment upon payment of all charges and expenses, without prejudice to the carrier’s right to apply the art. 1686 cc
17.2. The Customer, by accepting these conditions, also in the name and on behalf of any other third party who may be interested, waives all rights on the package if, after a year of storage, no person, upon presentation of the waybill, provided instructions or withdrew the same upon payment of any charge or expense.
INPOST, in this case, is authorized by the Customer, also in the name on behalf of any other subject that may have an interest, to dispose of the asset, even for charitable purposes, in favor of national or international institutions, institutes or foundations, discretionally chosen.
17.3. Should the need arise, INPOST may keep the goods in storage at its premises or deposit it in third-party warehouses or general stores.
Except as indicated in the explanatory annex to services in the sales conditions relating to the specific product, should the Customer / Sender request the return of the shipment or its delivery, he must give concrete and implementable instructions. In the absence of prompt concrete and feasible instructions, INPOST will keep the package without, however, assuming any responsibility for its custody.
In any case, after expiry of the deadline set out in the explanatory annex to services referred to in the relevant sales conditions (in the absence of references, 15 days), the parcel will be returned to the Sender, at his risk and expense. The Customer / Sender undertakes to indemnify and hold INPOST harmless against any claim, expense, fine, and penalty in general and / or for damages deriving from the foregoing. The Sender is also responsible for the payment of all costs and expenses related to the shipment (including, by way of example, customs duties and any tax or expense) and the costs incurred for returning the shipment to the Customer and / or for the deposit of the parcel.
After a further 5 days in the absence of instructions from the client, INPOST will be able to recover the credit due on the shipment, also by requesting to the competent authorities the sale or assignment of the goods lying in accordance with articles. 2756, 2761, 2797 and 2798 of the Civil Code, without prejudice to any other right and cost not recovered.
17.4. The Sender also declares that he assumes no responsibility for the failure to declare the contents, for the absence or inadequacy of the postage for the transport of parcels or packages and undertakes to hold INPOST harmless from any relative consequences also towards third parties.
18 – OBJECTS NOT ACCEPTABLE FOR TRANSPORTATION – KNOWN SENDER
18.1. The assets referred to in the present general conditions may not contain any documents relating to judicial procedures, documents relating to public or private tender procedures, as well as acts relating to administrative procedures or deeds and documents which, in any case, require delivery within an obligatory period. The Customer who uses one of the services of INPOST for the products listed above, will assume any consequent risk and liability and will not be entitled to make any claim.
18.2. Unless otherwise agreed by means of an agreement signed by a person endowed with appropriate powers, INPOST does not accept deposits intended for carriage by the carrier containing: money in any currency, bank checks, securities of any kind or bearer, meal vouchers, traveler’s checks , gold, antiques, stamps and / or stamps also from collectibles, precious metals, firearms, liquors and spirits in general if not within the specified limits and in accordance with the conditions set out below, plants, drugs, works of art, precious stones, furs, precious watches, explosives, live or dead animals, perishable goods, pornographic material, coal, diamonds, tobacco, items subject to IATA restrictions, hazardous or combustible materials, goods whose storage and / or transportation is prohibited by any law,current pro-tempore regulation or statute, at national or local level of any country, by or through which, the shipment should be transported and every other good that INPOST were to hold , reasonably, that they cannot take charge.
We only accept non-perishable food products, duly packaged and packaged according to the regulations in force and the conditions set forth herein, with the exception of those that can be stored only at controlled temperature and, if required by the specific service, after signing the relevant contract or specific sales form. In this case, the food must be prepared and packaged in such a way as to isolate the contents from the rest of the consignments and in such a way as to withstand knocks and shocks. The food products referred to above must not be subject to specific health authorizations and may fall within those indicated in Article 44 of Presidential Decree 327/1980 and subsequent amendments
Deposits will be accepted for transportation by the third party containing alcohol, wine, liquor, oil and liquids in general only if properly packaged in special packaging to ensure safe transport of the goods. To this end, the Customer must purchase the appropriate containers approved for safe transport. In case of shipping packaged with packaging not approved for safe transport and containing the above, transport safety will not be guaranteed and INPOST will not be liable for any damages which, in this case, will remain the sole responsibility of the Customer.
18.3. INPOST, in any case, reserves the right to accept packages due to their content, mass size and volume as required by current legislation and the conditions relating to the specific service. The non-acceptance because it does not comply with the above parameters, exonerates INPOST from any responsibility towards the Customer. Even in the event of acceptance by its service personnel, INPOST reserves the right, at any time, to return the goods if it is found to be different from the defined parameters. The Customer acknowledges the foregoing and undertakes not to send the aforementioned goods under any circumstances. If the same had been delivered to INPOST and forwarded by the third party carrier, this last will not be liable for any damage caused to the Customer / Sender or third parties.
18.4. In no case INPOST can accept dangerous goods, flammable substances, explosives, pollutants, radioactive substances, toxic substances, contaminants, harmful or infectious and magnetic materials, even below the limits set by the ADR (European Agreement for the transport of dangerous goods on road and eventual modifications and integrations, Law 1839/62 and possible successive modifications and integrations) and IATA, save express written request of the Sender and written acceptance of INPOST, from subject that has suitable powers, in the cases of goods transport in “exemption” total”.
19 – PAYMENTS
19.1. Each deposit for the subsequent transport by the third carrier must be prepaid at the time of signing and accepting acceptance of the terms and conditions of the service.
19.2. The Customer expressly accepts that in the event of delay in the payment of even one invoice, more than 5 days compared to the agreed term, INPOST exerts the right to suspend any type of service, including any technological solution, even without notice.
The Customer can choose between the different payment methods indicated in the sales conditions or in the additional forms relating to the chosen service.
In case of delayed payment even of a single invoice, or in the presence of other conditions that may compromise, at the sole discretion of INPOST, the creditworthiness of the customer, suitable guarantees may be required for activation / reactivation of the service.
If the Customer opts for final payment, in accordance with the provisions of the sales conditions, INPOST will charge a fixed monthly fee, the amount of which is indicated in the sales conditions regarding the selected service. This amount is requested in respect of the higher administrative management costs that this process involves to INPOST and may be changed by INPOST in compliance with the provisions of the article “PRIVILEGE, RIGHT OF RETENTION, COMPENSATION – CONTRACTUAL AMENDMENTS”, with advance notice of 10 days.
19.3. Where required by the relevant sales conditions, INPOST may request supplements for specific services.
The Customer undertakes to pay the amount relating to the contractual services within the agreed deadlines and procedures.
19.4. The delay in payments will entail, at INPOST’s discretion, the application of interest calculated in accordance with Legislative Decree 231/02 and subsequent amendments and additions, as well as the application of any other measure envisaged by the aforementioned legislation regarding the delay in payments of commercial transactions.
The customer declares himself expressly liable also pursuant to and for the purposes of articles. 2944 cc and 642 co. 2 cpc for the sums due for the services rendered by INPOST.
In any case, the right to proceed with the recovery of receivables in the time and manner envisaged by the pro-tempore law in force is reserved, except for the right to compensation for any further damages deriving from non-compliance
20 – CUSTOMS
20.1 If the goods delivered to INPOST were to be sent abroad, the sender could be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be exclusively borne by the Sender. Locker does not control these costs and cannot predict the amount. Customs policies vary considerably from country to country and Sender should therefore contact the local customs office for further information. Inpost wants his international clients and customers who deposit packages in a foreign country to be aware that deliveries across borders are subject to the opening and inspection of products by the customs authorities.
21 – INSURANCE – LIMITS TO THE REDRAFT
21.1. For goods deposited with Locker with national destination, without prejudice to INPOST’s exclusion of liability as per these general conditions and to the undersigned sales form, as well as the provisions concerning inspections, the Customer / Sender is entitled to expressly request the stipulates, in its favor and at its expense, a specific insurance guarantee to cover damages deriving from transport, beyond the limits established by the law and by the present general conditions.
In this case, the Customer / Sender will provide all information necessary to ensure shipment, without prejudice to the limits set by the sales conditions and the additional forms regarding the chosen service.
The Customer undertakes to use appropriate forms (eg specific waybill for deposits with insured shipments), if any. Failure to comply with the aforementioned requirements will result in INPOST exemption from liability for insurance coverage.
This guarantee will be governed by the contractual conditions of the stipulating insurance company.
21.2. For the purpose of determining the damage, however within the limits set forth herein, for shipments of goods subject to online purchases, in addition to the documentation of origin of the asset, a copy of the transaction between the parties is also required (order, bank transfer, credit card, etc.) and that in any case the Insurance Company reserves the right to request, in the preliminary stage, any claim. Shipments that are not the object of sale (transfer of goods between individuals), can be insured only if in possession of appropriate tax documentation to determine the value (original invoice, receipt, etc.) and the insurable value will be constituted by the value of the goods at the time of shipment.
Any damage is constituted by the difference between the value of the goods as defined above and that of the goods in the condition in which they are found as a result of the accident.
In the event of damage or loss of any repairable part of the asset, the compensation will only cover the value of the damaged or lost part even if it has not been assessed separately. In this case, only the costs of repair or replacement of the part will be recognized, excluding any depreciation of the asset to which it belongs.
21.3. In the event that, instead, the Customer / Sender provides to ensure the deposit and shipments directly with a company of his own trust, the same is required to agree the express provision of the clause with which the Company waives recourse actions in the comparisons of INPOST. It is understood that if the Customer / Sender’s Insurance Company acts in any way in recourse or in any other way against INPOST, the Customer / Sender will keep unharmed and indemnify INPOST from any sum that the latter was required to pay by virtue of such actions . In any case, the revaluation action cannot, in any case, exceed the limits set out in these general conditions.
It is understood that, in the absence of insurance coverage, all damages will be directly assumed by the Customer / Sender on his own, given the aforementioned exclusion of responsibility of INPOST.
For transport outside the country of origin, the above applies.
22 – DELIVERY TIMES – GUARANTEED TIME SERVICES
22.1. Carriers that normally cooperate with INPOST, as a rule, make rapid deliveries based on predefined plans that, in most cases, allow the performance of the service within the foreseen working days. However, there is no fixed or mandatory contract term for the delivery, in favor of the Client / Sender or in favor of any other person who can claim an interest in the shipment.
With reference to the generality of the services offered, the carriers that normally cooperate with INPOST do not assume the obligation of the obligatory delivery within the terms and times indicated, unless this has not been expressly agreed through a specific deed signed by a subject entitled with suitable powers. Any indication otherwise agreed or affixed in relation to delivery times / methods (eg “urgent”, “by …”, “within hours …”) on the waybill or other document, will have no binding legal value, even if accepted or countersigned by INPOST representatives without the power to change the contractual conditions and / or the methods and delivery times.
The Customer therefore assumes all risks and consequent responsibilities in the case of assignment of shipments containing documentation to be delivered to the recipient within peremptory terms or times.
22.2. The responsibility of INPOST for any damage as a consequence of the delay is expressly excluded.
23 – CONVENTIONAL DECADENCE
Unless otherwise specified, the actions relating to individual deposits by the Customer must be exercised, under penalty of forfeiture, within 6 months, starting from the day on which the delivery of the item to the place of destination.
The terms indicated in the sales form for exercising the rights of the Customer / Sender for the individual services (eg reimbursement request) are considered essential. Failure to comply with the same will result in forfeiture of the right itself.
The Customer, by signing these general conditions, waives the exertion of any non-contractual actions deriving, in hypothesis, from the execution of the services.
24 – APPLICABLE LAW – JURISDICTION
The law applicable to the services in question is the Italian law.
For any controversy, the Court of Milan will have exclusive jurisdiction.
25 – CONSUMER
25.1. In the event that the Customer is ascribable, according to current legislation, to the category of “consumer”: (i) the competent court will be that due to the domicile elected by the Customer, if located in the national territory; (ii) the clauses that, according to the current pro tempore legislation, were possibly considered null and / or ineffective must be considered expunged from the text, without prejudice to the effectiveness of the remaining clauses referred to in these conditions.
Updated on : 10 October 2018