- The shipments have been prepared by the customer himself or by trusted persons and with his supervision.
- The shipments do not contain any prohibited or restricted articles such as drugs of any kind, weapons, dangerous materials or any other whose trafficking constitutes a crime.
- Shipments are properly packed for a safe transportation, and they are identified properly with the provided labels and the correct destination addresses.
- 1Area of applicability
- 2USER’S RESPONSIBILITIES
- 3DATA PROTECTION
- 4INTELLECTUAL AND INDUSTRIAL PROPERTY
- 5SERVICE’S CANCELLATION
- 6Modifications to the "Terms and Conditions" of the service
- 7Provision of the service
- 8Items with special conditions
- 9Collections and deliveries
- 11Transport refusal or suspension
- 12Order modifications
- 13Cancellation of the service by the user
- 14Liability and coverage
- 15Claims deadlines
- 16Law and jurisdiction
1. AREA OF APPLICABILITY
By hiring Sinmaletas.com services you as User agree that these Terms and Conditions will be applied from the moment in which Sinmaletas.com accepts your shipment; with the exception of special conditions originate by the singularities of the contracted service.
Also, since you have accepted a personalized quote made by our agents and the order has been created manually, you are accepting these Terms and Conditions. These will be applicable, for you and your representatives, except agreements or specific conditions derived from the singularity of the service hired.
Sinmaletas.com may perform the service on its own or may subcontract other shippers. This Terms and Conditions shall be applied to any label or waybill produced by Sinmaletas.com systems, which will be considered as delivery note at all purposes.
It is the User's responsibility to correctly stick the labels on its shipment. Otherwise, the User will take charge of any expenses or incidents originated by the service's modification. If the labels or the delivery note is manually created by the subcontracted transport company, the User must inform Sinmaletas.com immediately.
2. User's responsibilites
The User and its representatives agree to use the services and contents of the Website regulated by all the rules and laws included on this Terms and Conditions:
2.1 This Terms and Conditions constitute binding obligations to the User. The User is responsible of communicating his representatives about Sinmaletas.com process.
User accepts at the time of placing the order the Terms and Conditions publicly exposed in Sinmaletas.com. The acceptance of these Terms and Condicitons will be applicable to any order made directly from our website or any personalized service contracted with Sinmaletas.com through chat, web page, email or telephone conversation.
2.2 The goods are correctly packed and this guarantees their correct transport and secures its content.
2.2.1 The maximum weight of each package is limited to 32 kg. The maximum size is 320 cm length and combined perimeter being the length (A) of the longest side of a package. The following formula must be applied in order to calculate the length and perimeter of the parcel:
A + (B x 2) + (C x 2) = less than 320.
The user must ensure that the shipment complies with these dimensions before requesting transportation.
2.2.2 Any article which is not detailed at the pull-down menu will be specially quoted as an exception. We will quote the article by its dimensional weight if it is largest than its real weight.
2.3 All the shipments should travel with the labels (properly stuck up) received from Sinmaletas.com. It will be the user’s responsibility to follow this rule. An authorized representative of the User should validate the delivery note.
If the User does not follow these instructions, will be in charge of all the expenses which came from the change of service and possible incidents that may occur as a result of this.
3. Data protection
As the User completes the registration form, consents its personal data to be treated by Sinmaletas.com. User’s personal data is registered in an automated file catalogued at the Data Protection Agency in which Sinmaletas.com is the only responsible. The User also consents the treatment of the personal data by collaborators responsible for the transportation, and also permits its data to be used for information and commercialization purposes of Sinmaletas.com. The User shall exercise its right of access, modification, cancellation or opposition, according to the the General Data Protection Regulation (GDPR), of April 27 and the Organic Law 15/99 of December 13th, by writing to Sinmaletas.com to the address: Dionís Puig 11, local, 08402 Granollers.
Sinmaletas.com will adopt all measures at its disposal in order to protect User’s personal data.
3.1 User account, password and personal data.
The User is responsible for the confidentiality of its account and password, and it is responsible for whatever transactions are made from its account. The User must inform and instruct his representatives who have access to the password and account, about its operation and confidentiality. The User commits not to provide its access password to anybody and to keep it secret. The User is the only and exclusive responsible for the custody and use of its account by authorized or not third parties.
Using the account and its password, by the user or its representatives will be always made on behalf the user. The User must immediately notify Sinmaletas.com about any restriction concerning its representatives to the account access.
The User is aware about the legal infringement that would suppose the access to our service using another user’s identification. The User is also conscious that obtaining, using or diffusing third parties personal data would suppose legal or penal infringement.
4. Intellectual and industrial property
The user is concerned about the confidentiality of the information at Sinmaletas.com website, which is protected by the intellectual and industrial property rights. The access to such content or elements via Sinmaletas.com Website does not give the right of alteration, modification, exploitation or reproduction, distribution or any other right corresponding to Sinmaletas.com.
The user undertakes to use the content and/or elements to which they access via the Website for their own use and needs and not to exploit them commercially, directly or indirectly, at any time.
5. Service's cancellation
To request the cancellation of the registration, the User must send an email to firstname.lastname@example.org or a fax to 93 860 09 60, stating the reasons for the cancellation of their user account.
6. Modifying these Terms and Conditions
Sinmaletas.com reserves the exclusive right to update, modify or delete any content of the Terms and Conditions available on this Website at any time. Sinmaletas.com may exercise these rights at any time without prior notice.
As the User press the "CONTINUE" button on the registration form, it is understood that:
- Accept the "Terms and Conditions" of the Portal.
- The use of the User account ratifies their consent to the "Terms and Conditions" published and permanently available on the web.
If the User does not agree about the modifications introduced in the "Terms and Conditions" or in the service, can immediately cancel the user account at Sinmaletas.com following the procedure established in clause 5.
7. Provision of the service
Sinmaletas.com reserves the right to change, suspend or interrupt at any time and without liability, any aspect of the services offered, including hours of operation. Likewise Sinmaletas.com has the right to impose limits or restrictions on certain uses of the service.
Sinmaletas.com neither assumes no guarantees that the access to this website is constant or that the functions contained are error-free. Sinmaletas.com does not guarantee that the access to the website cannot cause damage to the computer equipment through which the User access.
8. Items with special conditions
8.1 Items whose shipment is prohibited:
It is also excluded the transport of goods whose content is contrary to the laws or regulations and / or those that have restricted transport Sinmaletas.com as the following:
- Live animals.
- Articles of exceptional value (works of art, jewelry, antiques)
- Lithium batteries in air shipments (shipments usually outside the European Union)
- Alcoholic beverages.
- Money, credit cards, checks, etc.
- Official and / or important documentation
- Ivory and derived products.
- Pornographic material.
- Medicines and illegal substances
- Special merchandise by its weight or dimension (furniture, electrical appliances).
- Dangerous goods: aerosols, corrosives (nail polish, depilatory creams, bleaching creams, dyes, nail polish remover).
- Animal skins.
- Plants, seeds or derivatives.
- Perishable food products.
- Tobacco and derived products.
- Fragile items: ceramics, glass
- Irreplaceable material (eg documentation, unique items, irreplaceable since compensation for loss would not cover the prejudices suffered. If they are sent, they are under the responsibility of the customer).
8.2 Items whose shipment is restricted:
These articles could be included on the shipment just in case of hiring an additional insurance (STEP 3 at the order process or by contacting Sinmaletas.com).
- Electronic devices (TV, computers, electrical appliance, etc.)
- Fragile objects (paintings, musical instruments, ceramics, crystal, etc.)
If you want to send any article with high emotional value, fragile articles or articles with difficult handling, contact to Sinmaletas.com.
Besides the articles catalogued as prohibited or restricted, there can be other goods whose shipment is prohibited by the regulations of the collection or delivery country. For this reason, if you have any doubt regarding your shipments content contact Sinmaletas.com.
Every month takes place an audit at the transport company, and if it is detected a difference superior to 10 kg between the hired weight and the shipped, Sinmaletas.com reserves the right of claiming the difference on the amount paid.
Any article which is not detailed at the pull-down menu will be specially quoted as an exception. We will quote the article by its dimensional weight if it is largest than its real weight.
The transport of any package can be refused (or any shipment of which formed part), If the transportation company finds out that the parcel does not meet the above restrictions or conditions, even if the transport was taking place .
9. Collections and deliveries
Sinmaletas.com guarantees its door to door service. Please, take into account: that Sinmaletas.com considers the door as the main access (at street level) to the address of collection or delivery. Sinmaletas.com will act with due diligence to deliver the goods in accordance with the standard terms and time of delivery, but these are not guaranteed and are not a part of the contract.
Although shipments are delivered to the address provided by the User, they are not necessarily delivered at the designated receiver personally.
It is the User's obligation to inform Sinmaletas if the collection or delivery address provided meets any of the following characteristics: pedestrian street, street with time restriction, inaccessible street or restricted access. Pickups or deliveries in these streets will not always be posible.
In those cases where it is impossible delivering at the address provided because the absence of the receiver, the transportation company or Sinmaletas.com will contact the receiver to schedule a new delivery date.
Just in case of previous agreement with the receiver, there is the possibility to pick up the shipment at the closest delegation at destination indicated by Sinmaletas.com.
In the case where there is no one to receive the shipment at home, according to the operations of the transport company that carries the shipment out, the luggage can be delivered to a neighbor, if he or she takes responsibility for the delivery. Also the luggage can be delivered at a delivery center of the transport company.
After 3 failed attempts of delivery and with the impossibility of contacting the receiver, the belongings will be returned to the sender address, thereby suspending transportation. The User is not entitled to a refund of postage. If any costs are generated, including the return to origin, the deposit and subsequent deliveries, will be charged to the User.
If the shipment cannot be delivered to the destination address provided because it is incorrect or incomplete and it should be modified, Sinmaletas.com reserves the right to apply any charge to the User for these procedures. The price for the changes required will be communicated before applying them.
Sinmaletas.com reserves the right of changing the timetable agreed for deliveries or collections, depending on the organizational needs of the transport.
The digital signature of the receiver and its reproduction shall be sufficient proof of delivery and the User and its representatives agree that this signature has an identical value to that of a traditional signature on paper.
Sinmaletas.com may suspend the service and not delivering the shipment to the receiver because of the unpaid service. It must be paid as creating the order and before carrying out the service.
9.1º Collection or Delivery Times
Sinmaletas.com will act with due diligence to deliver the goods in accordance with the standard terms and time of delivery, but these are not guaranteed and are not a part of the contract.
Sinmaletas.com is not responsible for the anticipation or delay at delivery dates, if it is caused by operational problems of the transport company, weather conditions, road blockades, strikes or customs paperwork, or any unexpected event, etc.
9.2º Customs Clearance
In the case that a package requires customs clearance, it is the User responsibility to provide complete and accurate documentation for this purpose.
However, Sinmaletas.com provides as much information as possible about the requirements and documentation necessary to carry on customs clearance. The needed documents must be provided with the correct information by the user at least 24 working hours prior the collection date. Otherwise the collection will be postponed.
If the customs clearance of the shipment generates customs expenses, they will be paid by the User.
9.3º Abandoned goods
If Sinmaletas.com is unable (within 3 months after the first attempt of deliver) to obtain the User’s instruction on its disposition, Sinmaletas.com shall be entitled to destroy or sell the shipment at its absolute discretion.
If there is no value declaration, Sinmaletas.com shall alienate the goods and sale them, whose amounts of proceeds shall first be applied to any charges, costs or expenses of the shipment or otherwise from the user concerned.
If the product of such sale is negligible, Sinmaletas.com is able to destroy it and claim to the User any expenses for the transport and the storage. For such purposes, Sinmaletas.com (or the transportation company) has the right to examine the packages whose transportation is under its responsibility.
The User’s withdrawal of the shipment, will not damage Sinmaletas.com. In the cases of inspection, alienation and destruction of the shipment, Sinmaletas.com will be free of any claims made by third parties who hold any right over the goods.
In all the cases contemplated in this article, the goods are subject to the obligations and expenses resulting from these operations and the transportation contract.
Sinmaletas.com or the transportation company that will ship the luggage, reserves the right to open and inspect a shipment without prior notice in those situations stablished by law. In compliance of the National program of Civil Aviation Security, the User accepts that the shipment may be inspected, detained or other additional measures.
11º. Transport refusal or suspension
In case of non-compliance of this Terms and Conditions by the User or its representatives, Sinmaletas.com reserves the right of refusing to transport the goods, or suspend the shipment even if it has already started.
12º. Order modifications
Any modifications done 24 working hours prior the collection date and if the labels have not been created, there will be no extra charges. However, any modifications claimed out of these requirements will have an extra charge of 10€ for this process, prior notice to the User.
13º. Cancellation of the service by the user
The User can request the service cancellation at any time. If Sinmaletas.com has not made any process of the order, the User will be refunded the total amount of the order, except of the charges which would come up because of the refund.
However, and if the order has been processed, Sinmaletas.com has the right to estimate the amount that would be refunded. Likewise, if the User has contracted an additional insurance and the cancellation is claimed the same day or later to the collection, Sinmaletas.com has the right to not reimburse the insurance’s value.
14º. Liability and coverage
The responsibility of Sinmaletas.com for damage, theft, loss or breakdown suffered by transported goods is governed by the limits established in Law 15/2009, of November 11, on the land transport of goods contract and the CMR Agreement Contract of International transport of goods by road, and as provided below:
Claims shall be limited to one per shipment and settlement shall be considered final for all losses and damages incurred in connection therewith. Claims have a processing period of 15 working days (excluding Saturdays and Sundays) from the date of formalization of the incident with the transport company, or in the case of having to submit additional documentation, from the presentation by the customer of the required documentation.
Sinmaletas.com is not obliged to respond to a delay in the scheduled delivery, if it is caused by weather conditions, operational problems of the transport company, road closures, strikes, administrative or customs formalities, any other caused by force majeure, etc.
14.2º Damages and loss
The deadline to file a claim for damages or faults will be 7 working days (excluding Saturdays), counting from delivery to the addressee, if the damage is not visible from the outside. In the event that the damage is visible from the outside, reference must be made immediately in the same delivery note that the carrier keeps, in the remarks section for this purpose.
In the case of damage suffered in a shipment of boxes, Sinmaletas.com will only take into account the weight of the boxes. In case insurance has been taken out and if other items (snowboard, skis, surfboard) have been damaged, the purchase receipt of the item and/or repair estimate will be required. If no insurance has been taken out, liability is limited to the weight of the item in question.
If the items to be sent are not well packed, Sinmaletas.com will not be responsible for any damage suffered by them in the event of an incident.
Sinmaletas.com reserves the right to repair the suitcase or suitcases that may have been partially damaged or broken during transport, as an alternative to compensate the customer. In the event that the damage or breakage is total and the suitcase or suitcases are completely unusable, Sinmaletas.com reserves the right to purchase a new product as similar as possible to the damaged suitcases or objects, and send it to the customer free of charge, in the case of a national shipment.
In both cases, no additional compensation for product damage can be claimed.
For any of the previous cases, it will be essential that the User send us photos of the suitcase or damaged object, together with the brand, model, size and purchase ticket of the mentioned article.
The customer shall be compensated for loss, breakage or total or partial damage in accordance with the provisions of Law 15/2009, on the contract of carriage of goods by land and the CMR Convention or the corresponding national and international aviation regulations.
In the event that the shipment must cross Customs, the following provisions will apply:
a. All expenses and taxes that may be incurred will be paid by the customer. Sinmaletas.com may ask the customer for a provision of funds.
b. The Declared Value for carriage represents the maximum liability of Sinmaletas.com in relation to the Shipment and cannot be higher than the Declared Value for customs indicated on the Waybill.
c. Shipper bears risk of loss and damage in excess of Declared Value for Carriage
For any of the above cases, it will be essential that the customer sends us photos of the damaged suitcase or object, along with the brand, model, size and purchase receipt of the same and have indicated the damage on the delivery note.
If the damages have been suffered on a boxes shipment, Sinmaletas.com will only take into account the boxes’ content. For shipments of other articles (snowboard, skis, surfboard) it is necessary the purchase receipt and/or a quotation of the repair.
If the goods are not correctly packed, Sinmaletas.com will not reimburse the total value of the goods sent. In those cases, the compensation will be the amount decided by the transportation company’s insurer.
As an alternative way of compensation, Sinmaletas.com reserves the right to repair suitcases which may have been partially damaged during the transport. In the event that the luggage is totally damaged and completely useless, Sinmaletas.com reserves the right to refund the customer with a new product (as similar as possible to the damaged suitcase) and send it without any charge (Spain only). In both cases, the User could not claim any additional compensation for the damages.
For any of the previous cases, it will be essential that the User send us photos of the suitcase or damaged object, together with the brand, model, size and purchase ticket of the mentioned article.
The customer shall be compensated for loss, breakage or total or partial damage in accordance with the provisions of Law 15/2009 on the contract of carriage of goods by land, and the CMR Convention or the applicable national and international air regulations.
Law 15/2009 on the contract of carriage of goods by road establishes that the maximum compensation is the IPREM/day per lost kilogram for domestic shipments. The CMR convention obliges to compensate with a maximum of 8.33 SDR/gross kilogram of lost or damaged goods for international shipments.
15. Claims deadlines
Sinmaletas.com will manage any type of complaint with a single interlocutor who will be the User who has contracted the service or with the one that the user designates in writing as his/her representative.
Sinmaletas.com reserves the right to request material to prove the perfect condition of the item before it is sent. It is necessary that all the material or documents that Sinmaletas.com requests from the User in order to manage the incident be provided within 20 working days (Saturdays and Sundays not included) from its request. Otherwise, the incident will be automatically closed. Sinmaletas.com will inform the customer of the resolution of the incident within a period not exceeding 15 working days (Saturdays and Sundays not included) from the closing of the incident by the carrier.
If the resolution entails compensation by Sinmaletas.com, it must be accepted by the user within 15 working days since the offer. In case of non-acceptance, it will mean its rejection and the claim will be automatically closed.
In case of contracting an additional insurance, the above mentioned terms will not be valid since Sinmaletas.com will not be in charge of the corresponding processing, but the processing will be carried out under OSKAR SCHUNCK Correduría de Seguros S.A.'s criteria and responsibility.
16. Law and jurisdiction
The transport service hired will be subject to the Law 15/2099 about Land transport service. It will be applicable all existing legal provisions regulations and other and laws issued by the Ministry of Development at all times. For any legal questions arising in the application or interpretation of these terms, both sides will submit to the Transport Consumer Arbitration Board in the user's residence expressly waiving any other jurisdiction that may be entitled to them.