TERMS AND CONDITIONS FOR E-COMMERCE – EXPRESS COURIERS SHIPMENT SERVICE UNDER AGREEMENT
Mail Boxes Etc. is a Franchise network of stores spread throughout the national territory offering to its public several services such as the express courier shipment service, graphic design and printing, mailboxes, office products sale and printing of photography products. Sistema Italia 93 S.r.l. with Headquarter in Viale Lunigiana 35-37 20125 Milan is the Franchisor of the MBE network. The MBE Centers are owned by independent entrepreneurs operating under the MBE trademark as a result of a franchise agreement, taking all responsibility in relation to services and products offered to the Customers.
The Franchisor has created a website in order to facilitate the collection of online orders on behalf of the participating MBE Centers ,which will fulfill such orders under their own exclusive responsibility given the fact that the Franchisor has no operational management, commercial and administrative responsibility of such orders.
The customer has the option to order at the local MBE Center chosen, according to the specific conditions and terms established, the shipment service utilizing the express couriers under agreement.
At the moment the order is placed, the Customer will have to pay the service requested in advance at the chosen MBE Center, by credit card or any other online payment method.
The Customer asks and the MBE Center agrees that the execution of the order will occur at the moment the order is placed, therefore during and not after 14 (fourteen) days pursuant to art. 59 of Legislative Decree no. 206/2005 and subsequent amendments, in order to exercise the right of withdrawal.
The present terms and conditions (hereinafter the "Agreement") apply to all shipping orders entrusted by the Customer to the MBE Center affiliated with the MBE network, whose data are shown on the invoice that will be concurrently issued with the payment through the www.mbe.it website (hereinafter the "Website").
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 from the following websites: www.ups.it, www.sda.it, www.fedex.it, www.tnt.it, www.sgt.it) which shall arrange delivery to the designated destination. In particular through the website 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 (by clicking on the appropriate option, otherwise the customer will have to go directly to the chose MBE Center, within 24 hours from the moment the order was placed).
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.
3. Prices. Weight, dimensions and time frames related to shipments
Details related to prices, dimensions and time frames for the execution of orders are shown in detail within the pages related to the calculation of the price which are part of the initial purchase process of a shipment.
4. Changes to this Agreement and cancellation of the shipping service
The Customer acknowledges that prices and contract terms are subject to modifications over time. Also, the type of service on behalf of the Customer can be modified, indicating on the Website 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 canceled due to technical and operational or commercial impediments.
5. Invoicing and Payment
The payment and invoicing of the shipping service on behalf of the Customer are contextual to the request of the shipping service itself. The Customer agrees to receive invoices issued by the MBE Center via e-mail.
6. Declarations and guarantees of the Customer
The Customer guarantees and therefore declares:
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.
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.
9. Applicable law
The parties unanimously declare that this Agreement shall be governed and interpreted according to the Italian law.
Except in cases where the competence is mandatorily established by law , such as in the case of disputes with consumers ,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.