1. NATURE OF THE SERVICES
1.1. This agreement is concluded between the customer and the MBE franchisee identified on the back of this document (hereinafter the “MBE Point of Sale”), owned by independent entrepreneurs operating under the MBE brand through a franchise agreement signed with MBE SPAIN 2000, S.L. Any reference to MBE in this document is understood to be made to the MBE Point of Sale and in no case to MBE SPAIN 2000, S.L.
1.2. This contract regulates the provision of transport services, which have to be carried out in accordance with the provisions of Law 15/2009 of 11 November, on the contract for the inland transport of goods (‘Law 15/2009’) and Order FOM/1882/2012 of 1 August (‘Order FOM/1882/2012’), in the case of transport within Spain, and by the Geneva Convention of 1956, concerning to the contract for the international carriage of goods by road (hereinafter the ‘CMR.’), in the case of international carriage. In addition, any other law that modifies, supplements, expands or repeals the provisions of this paragraph shall apply.
1.3. For the purpose of this document, transport services mean any services for the collection, transport, distribution and delivery of consignments (hereinafter referred to as ‘services’). The delivery of the services begins with the collection of the shipments, either at the site indicated by the customer or at the MBE Point of Sale.
In accordance with the applicable national and international regulations, a transport service is defined as a transport service where the carrier undertakes in front of the customer, in exchange for a price, to move goods from one place to another and make them available to the person designated, using mechanical means with own traction capacity.
3. SECURITY MEASURES IN THE PROVISION OF SERVICES
3.1. The Provider guarantees the Client the rights of the users provided for in the applicable regulations and especially the secrecy and inviolability of the communications in accordance with the provisions of Article 18.3. of the Spanish Constitution. To this end, the Supplier undertakes not to provide any information concerning the existence of the postal item, its class, external circumstances, the identity of the sender and the recipient, or their addresses, except in cases where it is legally obliged.
3.2. Customer represents and declare that (and, as necessary, undertakes in connection with any shipment under this Agreement a):
i. It possesses the ownership, legitimacy or rights necessary for the use of any data, including the personal data of third parties, graphics, signatures, trademarks, symbols or any other sign that this includes in the content of the communication transmitted for the provision of services by the Provider.
ii. Shipments have been prepared in secure facilities, by trusted personnel hired by himself.
iii. Shipments have been protected against any unauthorized interference during preparation, storage and transport prior to delivery to the Supplier.
iv. Shipments do not contain any of the items prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR. (European Road Transport Regulation on dangerous goods), or any competent body.
v. Consignments do not contain prohibited objects, understood as prohibited objects whose circulation is not allowed for reasons of security, public health, general utility and protection of the universal postal service, in accordance with the enumeration provided in article 16 of Royal Decree 1829/1999.
vi. Shipments are properly packaged for safe transport, and identified with the correct destination addresses.
vii. All applicable customs, import, export and other laws and regulations have been complied with.
3.3. For the purpose of verifying the foregoing, the Customer shall provide a complete description of the contents of the shipment on the corresponding delivery note and shall allow the Supplier, without prior notification, to verify for security reasons such shipments, including the use of X-Ray equipment.
4. POINT OF SALE RESPONSIBILITY
4.1 In the case of international transport, the MBE Point of Sale’s liability for loss, damage to the shipment or affected shipment shall be governed by the International Transport Law in force.
4.2 n the case of transport within Spain, the liability of the MBE Point of Sale for loss, total or partial, or for damage to the consignment or the affected part of the consignment, shall be governed by the national transport law in force.
In the event of delay, the liability of the MBE Point of Sale shall be limited to compensation for the damage proven to have been caused by such delay, such compensation never exceeding the transport price paid by the customer as payment for the transport in respect of the shipment or the part of the shipment which has been delayed.
The MBE Point of Sale shall not be liable in the event of loss, damage or delay, if it proves that the loss, damage or delay was caused by the fault of the customer or the consignee, by an instruction of the latter not due to negligence on the part of the MBE Point of Sale, by an inherent defect in the goods or by circumstances which the MBE Point of Sale could not avoid and whose consequences it was unable to prevent.
4.3 Notwithstanding the foregoing, if the customer contracts the service “MBE SafeValue”, the compensation must be in accordance with the conditions specified in the following link www.mbe.es/aig-contrato. If the courier is directly insured, the courier is responsible for the reimbursement of repair or replacement costs based on the value of the goods declared and duly demonstrated by the customer.
In the event that the customer has previously chosen the service of “MBE SafeValue”, MBE will not be liable for the lack of reimbursement due to the omission and / or inaccurate presentation of the necessary documentation required for the management of the compensation procedure.
5. CUSTOMER RESPONSIBILITY
5.1 The client undertakes to use the services in accordance with the law, morals, health, public order and generally accepted good customs, and to keep the MBE Point of Sale harmless from any claim arising from the breach of any of these obligations.
5.2 You warrant that you have the ownership, legitimacy or rights necessary for the use of any data, including third party personal data, graphics, signatures, trademarks, symbols or any other sign that you include in the content of the communication you transmit in order for the MBE Point of Sale to provide the services. Consequently, the MBE Point of Sale is obliged to keep harmless from any claim arising from the breach of these obligations.
6. DATA PROTECTION
6.1 In accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights and the General Data Protection Regulation 2016/679 of the European Union, the customer’s data will be included in the MBE Point of Sale database in order to carry out the ordering and sending of proposals and information of a commercial nature relating to the services and products of the MBE Point of Sale, as well as to extract information of a statistical nature.
6.2 By signing this delivery note, the customer explicitly authorises, with due information, the transfer and processing of his/her data to MBE SPAIN 2000, S.L., MBE’s master franchiser in Spain, and to the third-party entities that are essential for the provision of the services contracted, including those expressly mentioned:
- consent to process data for marketing purposes
- consent to the transfer of data to MBE SPAIN 2000, SL for corporate marketing campaigns
- consent to process the data for profiling purposes
- consent to disclose your data to third parties
6.3 The customer may exercise the rights provided by law before the MBE Point of Sale and before MBE SPAIN 2000, S.L., and specifically the rights of access, rectification, cancellation and portability, as well as the right to oppose and object to the processing of their personal data, by sending a request by post or e-mail to the MBE Point of Sale, at the addresses indicated on the reverse of this document, or to MBE SPAIN 2000, S.L., at the following addresses: Gran Via de les Corts Catalanes,129-131, Pl. 12ª, 08014 Barcelona, firstname.lastname@example.org.
7. APPLICABLE LAW, JURISDICTION AND DISPUTE RESOLUTION
7.1 The provision of services regulated in these conditions is governed by Spanish law. In order to deal with any dispute that may arise in relation to this contract, the parties submit to the corresponding jurisdiction in accordance with the provisions of the applicable Spanish legislation in force. However, in those cases in which said legislation provides for the possibility of the parties submitting to a jurisdiction, the parties, expressly waiving any other jurisdiction to which they may be entitled, submit to the jurisdiction of the Courts and Tribunals of the place where the MBE Point of Sale is domiciled. The parties expressly waive the right to submit any dispute to the Transport Arbitration Boards provided for in articles 37 and 38 of Law 16/1987, on the regulation of land transport, and other applicable provisions in force.
7.2 This document contains the entire agreement between the Customer and MBE Point of Sale on the matters indicated, and supersedes all prior agreements, oral or written, that may bind the parties on the matters set forth herein.
8.1. The customer shall assume all costs and charges generated or related to the services provided by [MBE] including, but not limited to, the duties and taxes incurred by [MBE] in providing the contracted service and, in particular, for the actual clearance of the postal shipments at the corresponding customs office. The customer undertakes to pay these costs and charges at the time of delivery of the mentioned shipments.
8.2. Likewise, the customer shall hold [MBE] harmless for any claims, damages, fines and other items arising from the non-payment of the aforementioned amounts and items.
9. REFERENCE INFORMATION
9.1. Incidents not chargeable to Supplier: Supplier shall not be liable for any delay or impossibility to complete the delivery of a shipment due to (i) absence, ignorance, death without leaving heirs or refusal of the addressee, (ii) deficiency in the delivery data provided by the sender or (iii) non-payment of the services provided at destination (“incidents not chargeable to Supplier”). The sender shall bear all costs arising from incidents not attributable to the Supplier, including, where applicable, the costs and insurance for subsequent deliveries of the consignment or for returning the consignment to its origin.
9.2. Export Inspections
i. The Customer assumes responsibility for and warrants compliance with any applicable export control regulations with respect to its shipment. This includes, but is not limited to, regulations prohibiting unauthorised trade in military and strategic goods and services, regulations relating to commercial or financial agreements, as well as regulations imposing conditions on the marketing of certain technologies, information or products.
ii. The Customer also assures that it will not deliver any shipment to the Supplier if it or any of the parties involved are included on any United Nations sanctions list, or any other nation, region or autonomous community that is analogous to it or that supplements or implements it.
iii. The Customer shall indicate whether its shipment is subject to pre-export regulatory controls and shall provide the Supplier with all information and documentation necessary to comply with applicable regulations.
iv. The Customer shall be responsible for determining and obtaining at its own cost any licences or permits necessary in relation to its shipment, other than obtaining licences necessary to carry out the provision of postal services. The Customer shall ensure that the addressee is authorised to receive the shipment in accordance with the regulations of the country of origin, destination and any other country which may claim jurisdiction over the shipment.
v. The Supplier assumes no liability to the Customer or to any other person, entity or body for any failure to comply with any applicable export control regulations in respect of the shipment, or for any penalties, restrictive measures or embargoes which may result therefrom.
9.3. Right of inspection: The Customer is informed and consents that the Supplier or any governmental authority, including Customs, may open and inspect its shipment at any time and without prior notice.
9.4. Claims: Claims for damage, breakdown and total or partial loss of the contents of the shipment must be made within 24 hours of receipt of the same, unless the damage, breakdown and total or partial loss were manifest, in which case the claim must be made at the same time of delivery. Once the claim has been formalised within the deadlines described above, the corresponding legal actions shall lapse after one year. The Supplier shall not be liable for the profits that the sender, the addressee or any third party has not obtained as a result of the damage, breakdown and total or partial loss of the contents of the consignment.
9.5. Security standards for air shipment:
i. The Customer shall guarantee to the Supplier upon completion of the delivery note and upon delivery that his consignment does not contain any articles prohibited under the national provisions governing the security of air shipments.
ii. The Customer shall provide a full description of the contents of the shipment on the delivery note, but the Customer’s liability shall not be extinguished by providing such information.
iii. The Customer is informed that his shipment may be subjected to security checks, which may include the use of X-ray equipment, as well as inspection and opening of the shipment.
iv. The Customer certifies that he has prepared his shipment in secure facilities, by trusted employees, and that his shipment has been protected against unlawful interference of any kind during preparation, storage and transportation until acceptance for shipment.
9.6. Specific considerations for Portugal: All goods travelling within Portugal must be accompanied by original invoices, preferably in “Packing List” or “Contains Documentation” envelopes.
9.7. Specific considerations for Andorra, Ceuta, Melilla and Gibraltar: All goods travelling within Andorra, Ceuta, Melilla and Gibraltar must be accompanied by the following documentation:
i. Original bill of sale, together with three copies of the bill of sale.
ii. Specification of the fiscal data of the sender and the consignee, and indication of the value of the goods.
iii. In the case of a non-commercial operation, affidavit from the sender, explaining the reason for the shipment, detailing the contents of the shipment and stating that it is a non-commercial shipment.
9.8. Unity of document: For all relevant purposes, the Supplier and the Customer expressly state that the Account Opening Application and the Customer Agreement constitute a single document.
10.1. The price of the services covered by this Agreement shall be adjusted in accordance with the Shipping and Surcharge Rates set out in Annex 1 (the “Rates”), plus any applicable VAT or any other indirect taxes or duties levied on the provision of the services.
10.2. It is understood that, as from 1 January of each year, the Dispatch Fees and the so-called Surcharges will be increased.
10.3. The Supplier reserves the right to modify the Tariffs and Surcharges, even during the year, upon prior notification to the Customer; the Customer shall have the right to terminate the contract within 15 days of such notification, by sending the termination request to the Supplier by registered letter with acknowledgement of receipt.
In the event that the Customer does not terminate the contract in the terms indicated above, the new tariffs and surcharges shall be deemed to have been expressly accepted by the Customer.
10.4. The Supplier shall issue an invoice within the last 5 days of each period [monthly, quarterly] which shall be paid by the Customer within 15 days of receipt, by direct debit to the bank account held by the Customer, as indicated in the section on the front of the invoice entitled “Method of Payment”.
10.5. The Client shall bear all duly justified expenses incurred by the Supplier on the occasion of the provision of the services covered by this Agreement. Said expenses shall be charged to the invoice for the period in which they were incurred, indicating the reason and attaching a copy of the supporting documents.
10.6. In the event of late payment of any amount due under this Agreement, the Client shall pay interest for late payment calculated in accordance with the provisions of Law 3/2004 of 29 December 2004 (as amended by Law 15/2010 of 5 July 2010) establishing measures to combat late payment in commercial transactions or any other applicable legislation.
In addition, the Customer shall bear all return costs that may arise. In the event of a delay in payment of more than sixty (60) days, the Customer shall be declared in default and the Supplier shall open the corresponding default file and shall proceed to issue the appropriate notice of default in payment by means of a reliable notification.
10.7. In the event of termination of this Agreement for any reason, the Customer shall pay the Supplier any outstanding amounts for services rendered prior to termination of the Agreement.
11.1. The Contract shall have an initial duration from the date of signature until 31 December of the current year.
11.2. The Contract shall be extended for successive annual periods, unless either Party gives written notice to the other Party at least 30 days prior to the expiry of the initial period or any extension thereof.
11.3. Nevertheless, either Party may terminate this Agreement early at any time by giving at least 30 days’ written notice to the other Party.
12.1. The Customer may not assign its rights and obligations under this Agreement without the prior written consent of the Supplier.
12.2. The Supplier may assign the rights and obligations arising from this Agreement without the prior written consent of the Client. Such assignment, if applicable, must be communicated by the Supplier to the Client no later than fifteen (15) days after its materialisation.
13. VALIDITY OF THE AGREEMENT
13.1. This Agreement constitutes the entire agreement reached between the Parties up to the date of signature with respect to the matters contained herein and supersedes and replaces all previous agreements, oral or written, relating to its subject matter.