For the specific approval pursuant to art. 1341 c.c. and subsequent of Articles: 2. Acceptance of assignments; 7. Express termination clause; 8. Responsibilities limitations; 10. Jurisdiction.
2. Acceptance of assignments
Placing an order through the Website is an irreversible request of assignment by the Customer on behalf of the MBE Center which reserves the sole right to accept the request and start executing the order within the following day the order was placed (excluding Saturdays, Sundays and any national holidays). Within this deadline the MBE Center will notify the Customer with the outcome of the request ("order taken in charge" or "order refused "). For the second case ("order refused") the entire amount paid by the customer for the order will be refunded within 10 (ten) days. This refund will have no additional cost for the MBE Center. Every modification of the order 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 reson. 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.
7. Express termination clause
The MBE Centre will be entitled to the right to terminate this Agreement should a Customer’s breach of the obligations provided in the previous articles occur, except for the compensation for damages.
8. Responsibilities limitations
8.1- 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.
8.2- The MBE Center is not responsible for carrying out the transportation, but only for the delivery of the shipment to the courier.
8.3- 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.
8.4- 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.
8.5- 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.
8.6- 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.
8.7-Should the transportation be insured, the courier will take responsibility for the repair or replacement value only based on the declared value appropriately documented.
8.8- The MBE Center takes no responsibility for the delivery time on behalf of the courier.
8.9- 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.
8.10- In no case 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 Website, even when the MBE Center has been informed of the possibility of such damages.
All disputes arising in relation to the interpretation, execution and validity of this Agreement shall be exclusively part of the Court of Milan’s jurisdiction.