Mail Boxes Etc. is a Franchise network of stores spread throughout the national territory offering to its public several services such as express courier shipping service, graphic design and printing, mailboxes, office products sale and printing of photography products.
Sistema Italia 93 S.r.l. (hereafter “Sistema”) is a company operating in the retail sector through its own center and a network of stores owned by third party entrepreneurs operating under the Mail Boxes Etc. trademark, for which Sistema is the exclusive licensor for Italy, Republic of San Marino and Vatican City, as a result of a franchise agreement (hereafter “MBE Centers”).
In order to facilitate the collection of shipping orders on behalf of the customers of the MBE Centers and in order to help e-commerce users requesting a delivery and pick-up service (hereafter “User” or “Customer”), Sistema has developed a software and App called MBE Touch (hereafter the “MBE App”) allowing its customers to order shipments according to specific conditions established, and utilize a delivery and pick-up service of packages directly at the MBE Centers’ network, upon User’s registration with a valid email address.
The MBE Centers are owned by independent entrepreneurs operating under the MBE and Mail Boxes Etc. trademarks as a result of a franchise agreement, taking full responsibility of the services and products offered to the Customers. The participating MBE Centers will fulfill such orders under their own exclusive responsibility given the fact that Sistema has no operational management, commercial and administrative responsibility of such orders.
The MBE App license and term of use of the services offered are regulated by the present terms and conditions (hereafter “T&C”). The MBE App can be downloaded for free on the dedicated platforms. The violation of the present T&C on behalf of the User shall automatically invalidate any right to its use or parts and related services included in the MBE App.
When downloading the MBE App, the User automatically acquires its license of use, provided that the present T&C shall be fully observed. Downloading The MBE App does not provide any ownership right to the User in respect to the original software or any related aspect of it, and in respect of trademarks reproduced therein. With the MBE App download, User’s registration and request of services offered, the User shall implicitly agree with the present T&C.
When downloading the MBE App, the User agrees on taking the responsibility to proceed with the installation. Sistema shall not be considered responsible for any issue occurring during the installation process as the cause of such issues may be external to the MBE App itself and may depend on the specific configuration of the platform utilized by the User. Should any issues occur during the installation process, Sistema may arbitrarily decide to either provide free assistance or suggest to refer to a qualified technician.
For each MBE App downloaded, Sistema may provide updates and adjustments from time to time. Support provided by Sistema does not include the resolution of issues related to installation, compatibility with devices utilized by the User and issues related to the execution of services requested. Furthermore support is not guaranteed in case of changes applied to the source code of the MBE app. Sistema reserves the right to ignore each request for support not complying with the present T&C.
5. Responsibilities limitations
In no case whatsoever, Sistema or other companies connected to it, will be responsible for any type of damage, including profit, data or connection loss occurring as a result of the inability to utilize the MBE App.
The User is not authorized to copy, sell, rent or sub-license the MBE App or parts of it, without prior written authorization from Sistema. The User is not authorized to modify the source code of the software part of the MBE App without prior written authorization from Sistema. Any violation of T&C automatically grants Sistema the right to suspend the license. Should the User ignore the instructions given by Sistema or should it insist on repeating the violation of the license agreements, Sistema shall possess the right to permanently revoke the User’s license. The source code and all files provided within the MBE App are exclusively owned by Sistema and are subject to regulations established by the Italian law in relation to copyrights. The use of MBE and Mail Boxes Etc. trademarks is subject to prior authorization from Sistema.
7. Services offered on the MBE App
7.1 SHIPPING SERVICE WITH COURIERS UNDER AGREEMENT
The User is able, through the MBE App, to order the shipping service with couriers under agreement, according to the specific conditions and terms established below.
The Customer asks and the MBE Center agrees that the execution of the service will occur at the moment the order is placed, therefore during and not after 14 (fourteen), in order to exercise the right of withdrawal.
By sending the order the Customer instructs the MBE Center to conclude, on his behalf, a transportation contract with one of the following couriers UPS, SDA, FedEx, TNT, Sogetras Terms and conditions for transport can be downloaded on the following websites: www.ups.it, www.sda.it, www.fedex.it, www.tnt.it, www.sgt.it) or with one of the MBE Centers’ first and last mile couriers partners, which shall arrange delivery to the designated destination. In particular through the MBE App the Customer asks the MBE Center the following:
(i) the electronic management of the order and the delivery of the package to the courier,
(ii) the potential packing and any logistic service linked to the processing of the orders placed (by clicking on the appropriate option),
(iii) Service of pick-up and delivery to the courier; should pick-up service not be provided or simply not chosen by the Customer, the client will have to go directly to the chosen MBE Center at the established date and within 7 days from the moment the order was placed.
Acceptance of assignments
Placing an order through the MBE App is an irreversible request of assignment by the Customer on behalf of the MBE Center which reserves the sole right to accept or reject the request and start executing the order within the following day the actual shipment order on behalf of the MBE Center has been taken in charge. The MBE App will notify the Customer with the outcome of the request. Should the order be rejected by the MBE Center, the entire amount paid by the customer for the order will be refunded within 10 (ten) days. Every amendment of the order made by the Customer represents a new order, and for this, the MBE Center reserves the right to apply the tariffs established for that type of order.
MBE Center does not accept the execution of orders taken in charge and / or transport activities concerning dangerous goods, which could harm people, animals, goods or other things, or are subject to deterioration, free of packaging or having inadequate packaging or lacking of it: dangerous goods are those goods classified as dangerous by IATA, IMO, ICAO, or contained within the ADR / RID regulations. Should such goods be assigned to the MBE Center without its prior consent, or should the Customer's order be accepted on the basis of incorrect, incomplete or misleading indications, in relation to the nature or value of the goods, the MBE Center has the right to terminate the contract, or, if circumstances require to, refuse, deposit or otherwise dispose of such goods, or, in case of danger, to proceed with their destruction, and the Customer is required, in such case, to answer for all the damaging consequences and for the expenses that may occur due to any reason. The MBE Center reserves the right to inspect packages delivered in order to verify the content for the sole purpose of safety rules compliance.
MBE Center does not accept the execution of orders taken in charge and / or transport activities related to goods considered "forbidden" by couriers, including but not limited to: values, coins, precious goods, art, antiques, live animals, weapons, ivory and ivory products, tradable goods and prepaid cards, passports, public or private tender participation offers, pornographic materials, perishable goods, animal skins, furs, tobacco and tobacco products. Should such goods be assigned to the MBE Center without its prior consent, or should the Customer's order be accepted on the basis of incorrect, incomplete or misleading indications, in relation to the nature or value of the goods, the MBE Center has the right to terminate the contract, or, if circumstances require to, refuse, deposit or otherwise dispose of such goods, or, in case of danger, to proceed with their destruction, and the Customer is required, in such case, to answer for all the damaging consequences and for the expenses that may occur due to any reason. The MBE Center reserves the right to inspect packages delivered in order to verify the content for the sole purpose of safety rules compliance.
In relation to international shipments, specifically outside the European Union, there are specific restrictions and customs regulations, subject to frequent variations, relating to the goods that can be shipped and the appropriate documentation.
Prices. Weight, dimensions and time frames related to shipments
Price shall be calculated based on the details of the required service. At the end page, the User will be able to view the total price related to the services requested, dimensions and weight, level of service and potential additional services; the summary will always be available within the dedicated section of the MBE App.
Changes and cancellation of the shipping service
The Customer acknowledges that prices and conditions are subject to modifications over time. Also, the type of service on behalf of the Customer can be modified, indicating the peculiarities referring to the new service with its technical specifications, as well as the new established economic conditions. These changes will clearly not affect orders already taken in charge. In addition, one or more services may be cancelled due to technical and operational or commercial impediments.
Declarations and guarantees of the Customer
The Customer guarantees and therefore declares:
That during the entry of orders, true, correct and complete information is input (including but not limited to: dimension and weight, sender and recipient’s database, shipments data including the value for the potential insurance with MBE SafeValue, email addresses and telephone numbers) having otherwise the cancellation of the order as consequence;
That the shipment has been correctly and carefully described and the photo indicating the content is truthful and rights to its use have been made available;
That has acknowledged the goods that MBE Center declared as not acceptable for transport and that they were not included within the shipment;
that the nature of the content of the shipment, the dimension, weight and any other indication given is true and correct; in case of discrepancies the MBE Center will ensure the correction of the invoice price and the Customer shall proceed with the payment of the difference in order to obtain the execution of the order, otherwise shall receive a refund of what overpaid; still in case of discrepancies, the MBE Center reserves the right to reject the order should an agreement with the Customer not be reached;
That the packaging and labeling used, in relation to goods within and transportation methods are considered appropriate.
The Customer expressly declares to maintain the MBE Center free from any damage, claim or expense of any kind, resulting from the breach of the guarantees above indicated, as well as insufficiency, inadequacy or lack of packing and failure to report the necessary handling and lifting precautions on goods and packages.
Should the need to carry out and look after customs operations exist, the Customer guarantees that the documentation coming with the goods is authentic, complete and free of irregularities and that the goods strictly correspond to the type described and comply with current regulations and that they are export / import free and in compliance with their labelling. The customer is also required to provide in due time all information, data, customs codes, entries and customs classifications of the goods and all the documents necessary to carry out the customs operations. In addition, the Customer authorizes the MBE Center to manage all data referring to the shipment including potential sensitive data, in order to allow the MBE Center to carry out all the administrative and / or operational practices, that may or may not electronically executed, in order to ensure the best care for the shipment.
Any liability that may also arise towards third parties, in relation to the nature of the contents of the shipment, can only be configured to the Customer; therefore the MBE Center denies any responsibility from facts, events and circumstances relating to the content of packages subject to shipping.
The MBE Center is not responsible for carrying out the transportation, but only for the delivery of the shipment to the courier.
The MBE Center denies any responsibility in relation to the outcome of the transportation of packages accepted, nor the loss or damage of any content due to any reason.
In case of any loss or damage of such packages the MBE Center will, on behalf of the Customer, and extra-judicially, request a refund from the courier. The MBE Center takes no responsibilities for the refund refusal on behalf of the courier and shall not be required to reimburse the damage. Compensation for loss or damage is limited to the maximum set by the Legislative Decree no. 286/2005 and subsequent amendments for shipments to Italy, or by the Warsaw Convention of the 12th of October 1929 and subsequent amendments related to changes for air shipments, or by the Geneva Convention of the 19th of May 1956 for international road haulage.
The MBE Center’s responsibility, when established and on its part, in relation to any damage and the subsequent demand for compensation from given shipping operations , including any technical interruptions, shall not exceed the compensation limit relied upon by the courier to whom the goods have been entrusted based on and uniform with the rules applicable to each individual shipment or with the national law applicable to the individual transport and / or shipment, including the Italian law, and in any case the applicable indemnity relied upon by the courier who effectively executes the transportation.
The MBE Center takes no responsibility for the damaging of packages packed by the Customer. The responsibility of packages packed by the Customer is limited to the case of loss of such package, but not its damage, unless the Customer chose the “MBE SafeValue” service, if available, which can only be activated if the packing is carried out by the MBE Center, in compliance with the specific conditions established and reported on the following link here. Should the customer had chosen the “MBE SafeValue” service, MBE shall not be responsible for the lack of reimbursement caused by the inappropriate execution, carried out by the customer, of the instructions given by MBE in relation to failure and/or inaccurate presentation of the documentation required for the potential fulfillment of the claim for compensation.
The MBE Center takes no responsibility for the delivery time on behalf of the courier. Any declaration done by a member of staff of the MBE Center regarding the potential delivery date represents only an opinion. The MBE Center takes no responsibility for any shipment delay on behalf of the courier.
In no case whatsoever the MBE Center or its suppliers will be responsible for damages (including, with no limitations, damage for loss or profit loss, damage of data related to orders, customers and anything regarding the payment system, interruption of activity, loss of information or any other financial loss) as a result of utilizing the MBE App, even when the MBE Center has been informed of the possibility of such damages.
7.2 MAILBOX SERVICE WITH SHIPMENTS’ DELIVERY AND PICK UP
The User that wants to utilize the mailbox service with shipments’ delivery and pick up (named “MBE Address”) from the MBE Centers’ network, agrees from this moment on with the following conditions:
- the User may report to the sender the MBE Center’s address, between those available in the “MBE Centers List” section of the App, where the delivery of the shipment is intended to be carried out, specifying next to the User’s name the MBE User Code previously assigned during the MBE App registration process, always available within the dedicated section of the MBE App as shown below:
- For this purpose the User shall elect as temporary address the chosen MBE Center;
- when receiving the shipment at the chosen MBE Center, the User shall receive a notification on the MBE App and may choose to:
Pick up the shipment at the MBE Center in question, during the indicated opening hours, paying through the MBE App the related cost of 1 euro for the activation of the service, including the first 3 days storage and 1 euro for each day of storage from the 4th until the 14th day;
Request through the MBE App the shipping service, regulated by the conditions established on Art. 7.1 of the present T&C, and send the parcel or package in question to another address;
Request the delivery service to be carried out by last mile courier chosen between the MBE Network’s partners.
- the MBE Center undertakes to store User’s shipments only for 14 days; from the 15th day onwards the MBE Center shall possess the right to discard and/or destroy the shipment and its content;
- the User undertakes not to send at the MBE Center valuable and/or dangerous goods. The MBE Center shall be in any case responsible of the goods contained in the shipment up to a maximum value of 14 €;
- the MBE Center shall not carry out pick-ups of shipments where customs fees, cash on delivery, transportation costs and any other associated costs are included and pending; in these cases the MBE Center may reject the shipment at the moment of delivery from the courier;
- shipments will have a maximum volumetric weight of 50 kg/ cm3; the volumetric weight is determined utilizing a conversion that translates the volume in taxable kilograms. The volume (which is given by the product between the 3 dimensions of the package Length x Width x Height) is divided by a coefficient determined at 5000 cm/kg and the outcome becomes the actual volumetric weight. Here below you’ll find two examples:
a surfboard measuring the following: Length 200cm, Width 15cm, Height 40cm, will have a volumetric weight of 200x15x40/5,000 = 24 kg/cm3 <50 kg/cm3 and therefore shall be accepted;
a washing machine measuring the following: Length 60cm, Width 80cm, Height 120cm, will have a volumetric weight of 60x80x120/5.000 = 115 kg/cm3 > 50kg/cm3 and therefore shall be rejected.
- the User shall exclude the MBE Center from any liability related to damages caused to shipments prior to their delivery at the MBE Center itself; therefore the MBE Center reserves the right to photograph the shipment upon its arrival at the MBE Center;
- in order to pick up the shipment at the MBE Center, the User will have to show, at the MBE Center in question, a valid form of identification and the unique code called “Secret PIN” associated to the service requested on the App; the User may also appoint a designated person to pick up the shipment at the MBE Center, whom shall be accompanied by an appropriate written delegation on behalf of the actual recipient, along with a photocopy of a valid form of identification and “Secret PIN” of the same.
8. Express termination clause
The MBE Center is entitled to the right of not executing the order or the requested orders, should a User’s breach of the obligations provided in the previous articles occur, except for compensation for damages.
The User will carry out payment for the chosen services by the preferred payment methods among those available on the MBE App; as soon as the payment and order occur, the MBE App will automatically generate a receipt; at the end of the month the User will receive the related invoice containing a summary of the services requested. Should payment not occur instead, the MBE Center will not provide the service.
Sistema reserves the right to change the services available on the MBE App and to unilaterally amend the present T&C pledging to notify the User at the email address provided during the registration process in case of changes within T&C that may have a negative impact or simply be more restrictive.
11. Final provisions
The parties unanimously declare that the present T&C shall be governed and interpreted according to the Italian law; should the User be a consumer, it is then agreed that any dispute arising between the parties in relation to the interpretation, execution and validity of the present T&C shall be exclusively part of the Court of Milan’s jurisdiction and in compliance with the regulations established by the consumers’ regulations. Should the User be a professional, legal of public law figure or a public law entity or a consumer with residence and address abroad, any dispute arising in relation to the interpretation, execution and validity of the present Contract shall be exclusively part of the Court of Milan’s jurisdiction.
Should a single provision contained on the present T&C be null or ineffective, the remaining provisions shall be considered fully in force and effective. The null or ineffective clause shall be replaced by appropriate legislative provisions, if applicable.
The User may not transfer or dispose all or part of the rights or obligations pursuant to the present T&C, without prior written authorization from Sistema.