GENERAL TERMS AND CONDITIONS OF THE WEBSITE www.icustoms24.com
Purpose
The purpose of these General Conditions of Contract is to establish the terms and conditions governing the logistics and customs clearance services offered by LOGISBER FORWARDING S.L. (hereinafter referred to as “iCustoms24”) through the website www.icustoms24.com (hereinafter called the “website”).
Definitions
For the purpose of interpretation of these General Conditions of Contract, each of the following terms shall have the meaning shown below:
Client: the person or legal entity which contracts the services of iCustoms24, as a representative to clear goods through Customs.
Goods: packages, documents, envelopes, pallets, packaging and, in general, whichever products of the Client, which are the subject of Customs representation at the corresponding Administration or Agencies, by iCustoms24.
Acceptance of the General Conditions of Contract
The procurement of any of the services offered on the website confer the condition of Client and imply the full and unreserved acceptance of these General Conditions of Contract. The offer of services through this website is conditional on the acceptance by the Client of these General Conditions of Contract.
Legal Competence
The services offered through this website are solely destined for persons and legal entities, who, in accordance with applicable legislation, have the legal competence to accept these General Conditions of Contract and who have not previously been excluded by iCustoms24 for contravening any one of the requirements of these conditions.
Modifications
iCustoms24 reserves the right to modify, at any moment and without previous notice, these General Conditions of Contract and any particular conditions, which may be included. The purchase of any service from the website, entails the acceptance of whichever modification hat may be made. The current version of the General Conditions of Contract will be permanently available on this website.
Customs Clearance
iCustoms24, in the name and as a authorize of the Client, will present and process all documents, acts and formalities necessary, including all customs operations that need to be made at the relevant Customs Administrations or Agencies, with the exception of any disciplinary proceedings that may be instituted against the Client, in which case the Parties will agree the scope and cost of such services, which in any case, will be invoiced separately.
iCustoms24 will initiate and/ or continue, on behalf of the Client, any claims for non-conformity in the tariff classification, assessment of duties or taxes, new settlements, or sums unduly charged for any reason, in full conformance with the procedures established in Article 5 of the EU Customs Code (Regulation CEE 2913/1992); article 46 of the General Tax Law 58/2003 dated 17th December; article 3 of the Royal Decree 335/2015, dated 19th March, where the right to make Customs Declarations and the role of the Customs Representative are regulated; and article 45 of the Customs Ordinance.
Furthermore, the Client shall be subrogated in the commitments arising from its representation by iCustoms24 with respect to the accuracy of the information, the accuracy and veracity of the documents and information supplied to iCustoms24 for Customs representation, and compliance with the obligations that may arise as a result.
iCustoms24, as a tax-paying entity, will have the right to deduct the total amount of VAT levied on the import, in conformity with the provisions of Royal Decree 296/ 1998 dated 27th February, laying down rules for reimbursement of tax to Customs Brokers and Telecommunication Services; and Law 9/ 1998, dated 21st April, amending Law 37/ 1992, dated 28th December, with regards to VAT.
The Client undertakes to carry out all actions and arrangements that iCustoms24 may require and which may be necessary to allow iCustoms24 to perform the logistical services of Customs clearance on his behalf, especially the granting by the principal authorization for submission of customs declarations online to the State Tax Administration Agency, in conformance with the procedures established on 5th March 2015 by the Resolution of the General Directorate of the Sate tax Administration Agency, in relation with the registration and management of Customs clearance authorizations.
iCustoms24 will not begin to provide Customs clearance services to the Client, until the Client has presented proof of having filed clearance authorization at the Tax Agency’s Registrar. For this purpose, iCustoms24 puts at the Client’s disposal the following link: https://www.agenciatributaria.gob.es/AEAT.sede/tramitacion/ZP02.shtml.
ICustoms24 not be liable in case of loss, you have lost your package store Adt Post. It is your responsibility to deal with the complaint by post. In no way you can claim compensation from iCustoms24. (Model adt postal mails in case of loss: Dear Customer we inform you that your shipment is lost regret the inconvenience To process your claim please contact Correos through the web www.correos.es or 902197197.)
The above will not apply where the Client contracts the services of iCustoms24 for a single operation (where the presentation of the aforementioned authorization at the Tax Agency’s Registrar would not be applicable). Therefore, in case where the Client would not present to iCustoms24 any proof of having filed such authorization, iCustoms24 will consider that the Client requires its services for a single operation (action and / or arrangement). In case of any doubt in relation with the presentation of aforementioned authorization, you may contact the Customer Service Centre of iCustoms24 by telephone on +34 902 880 040 or email on contacto@icustoms24.com.
Customs Clearance Orders
To order a Customs Clearance, the Client needs to go to www.icustoms24.com, complete the relevant electronic form(s) and send these to iCustoms24 following the instructions on the website. On receipt of this information, iCustoms24 will create an electronic account in the Client’s name and will transmit to the Client the name and password for this account, allowing the customer to access the online platform, where he may then be able to place his order(s) for Customs clearance and also to provide iCustoms24 the documentation and information that may be required.
The prices and offers presented on the website are valid solely and exclusively for online orders made through www.icustoms24.com and may differ from the current prices and offers on other websites of iCustoms24.
The confirmation of the order by the customer expressly implies knowledge and acceptance of these General Terms and Conditions as part of the contract. Unless proved otherwise, the data recorded by iCustoms24 constitute proof of all transactions between iCustoms24 and its customers. iCustoms24 will archive the electronic document in which the request is formalized and this archive will be accessible by the Client at his request via the contact form found on our website.
iCustoms24 shall take on all orders that are made subject solely to the provisions of these General Terms and Conditions. In any case, iCustoms24 shall not be held responsible for any deficiencies of its server service or communication networks nor the problems resulting from malfunctioning or use of non-optimized versions of browsers.
The first time that the Client completes the electronic registration form(s) of iCustoms24, he will receive in his email inbox (which he has nominated for this purpose), an email (“Welcome to iCustoms24”) notifying the data required to access the Customer Area of the website.
Also, whenever the client makes an order, iCustoms24 will send an email confirmation thereof (“Order Confirmation” with the corresponding reference number).
Where the Client disagrees with any of the information shown on the aforementioned “Order Confirmation” and wishes to cancel the order, he should contact the iCustoms24 Customer Service Centre either by phone on +34 902 880 040 or by email on contacto@icustoms24.com.
Under no circumstances is the Client allowed to change an order without the written agreement of iCustoms24. Any amendment proposed by the Client and accepted by iCustoms24 will be subject to additional costs or possible variations in price or time, which shall be determined by iCustoms24 based on its exclusive criteria, as well as the criteria and guidelines established by the relevant Customs Administrations and Agencies, the decision becoming binding once it has been communicated to the Client. When it considers appropriate to so do, iCustoms24 may suspend temporarily the Customs clearance service, while waiting the Client’s acceptance to any amendment or cost adjustment.
iCustoms24 reserves the right at all times to accept any orders and / or requests for Customs clearance. In particular, Customs clearance of goods whose contents are contrary to law, or whose transport is subject to special requirements or provisions (weapons, funds or effects, toxic, flammable or hazardous materials, explosives, etc.) are excluded, being the sole responsibility of the Client, who expressly relieves iCustoms24 of any responsibility.
Payment
The Client shall make payment for any order(s) by using one of the methods available on the website. The prices and tariffs for Customs clearance services are shown on the website and may be consulted, at any time, through the information available on the website while contracting each service. The orders and other services offered by iCustoms24 are provided in accordance with the current tariffs at the time of placing the order and within the limits provided in them. The Client shall be responsible for any taxes, tariffs and Customs duties that iCustoms24 may have to bear as a direct consequence of performing the contracted services.
At the same time, iCustoms24 will have the right to sell or retain the Goods, which are the subject of the contracted Customs clearance in order to recover any sums that may be due in relation to the services provided to the Client and/ or his representatives. iCustoms24 may assert these rights by any means it deems appropriate and admissible under the laws of the place in which they exercise those rights or, failing that, the place of dispatch of the Goods or the place in which they must be delivered. If the Goods are lost or destroyed, iCustoms24 shall have the same rights, as described above regarding the compensation to be paid by the relevant insurance companies, carriers or others.
In case of delay in payment for any expenses and/ or services provided by iCustoms24, the Client shall be obliged to pay the default interest set in Law 3/2004 of 29th December, in relation to measures combating late payment in commercial transactions.
The Client shall be obliged to pay not only the price of services contracted with iCustoms24, but also any additional costs justifiably incurred in relation to transport and/ or other actions necessary to perform the contracted services.
Responsibility
iCustoms24 shall not be responsible for events or acts that may result from or are related to: errors or negligence by the Client; nature wastage; strikes and lock-outs; natural disasters; force majeure; and/ or any other unavoidable cause or a cause whose consequences iCustoms24 could not have reasonably prevented.
iCustoms24 is exempt from any liability arising from delays in the delivery/ shipment of Goods for reasons beyond its control. Furthermore, iCustoms24 shall bear no responsibility for complying with instructions issued by the Client after the relevant “Order Confirmation”, nor for any contingency derived from them.
Under no circumstances shall iCustoms24 be responsible for loss of profits, consequential, indirect, exemplary or punitive damages and especially iCustoms24 shall not bear any responsibility for any interruption in production, business or sales resulting from the delay, loss, theft or damage to the Goods.
The responsibility of iCustoms24 with respect to loss or damage to the Goods, is limited to a maximum of the amounts set out in the current regulations.
Warrantees and Guarantees
The Client warrants that the Goods which form part of this Customs clearance by iCustoms24, fulfil the following requirements:
Are produced, warehoused, stored, prepared and loaded in secured installations and cargo areas or secure shipments;
Are protected from unauthorized access or manipulation during the production, warehousing ,storage, preparation, loading and transport;
Reliable personnel are in charge of the production, warehousing, storage, preparation, loading and shipment of said Goods;
The commercial associates acting on behalf of the Client are duly informed that they also have to ensure the supply chain in the way described above.
In view of the foregoing, the Client will be responsible for any infringement or sanction that might result from the Customs declaration made on his behalf by iCustoms24, with respect to health, environmental and safety laws, and in general, any laws and / or legislation that is applicable to Goods presented for Customs clearance, thus absolving iCustoms24 from any liability.
The Client shall be responsible for any damage or harm caused to the Goods resulting from omission or insufficient information, giving iCustoms24 the right to recover all associated costs and leaving iCustoms24 exempt from any responsibility if the Goods where to be unloaded, destroyed, neutralized or rendered harmless as circumstances require and without payment of compensation.
It is the Client’s responsibility to provide iCustoms24 with all previous information and documentation necessary, as at any time may be requested by the authorities of the country of destination, in an accurate and timely manner. Furthermore, the Client shall accept responsibility for all costs and damages arising from any breach, without iCustoms24 being held responsible for the consequences of not having been able to inform the relevant Customs Authorities and Agencies of the nature of the consignment with the prescribed advance notice nor of any errors in the import documentation. In case of omission or insufficient information, the Client shall also be responsible for the resulting damages.
Claims
The Client shall make all claims to the Customer Service Centre (on +34 902 880 040 or by email to contacto@icustoms.com) as soon as reasonably possible.
Independence (add “… of Contract Clauses”)
The invalidation or voiding or illegality of any clause of these General Condition of Contract, shall not affect, prejudice or invalidate any other clause or condition contained herein, which shall remain current effective, provided always that it was not essential to fulfilling the object thereof.
Confidentiality
The Client agrees not to disclose, under any circumstances, the technical information obtained as a result of accepting these General Conditions of Contract and/ or the acquisition of any of the services offered by iCustoms24 on the website, while such information is not in the public domain or without having previously obtained written permission to do so from iCustoms24.
Applicable legislation and jurisdiction
The validity, execution and interpretation of these General Condition of Contract, as well as the purchases made through this website are governed in all aspects by the Spanish civil and commercial laws.
In the event of any conflict or discrepancy in the interpretation or application of these General Conditions of Contract of the website, both parties agree to submit expressly waiving their own jurisdiction or competence, to the Courts of Barcelona (Spain), unless a different jurisdiction is established through mandatory norms.
These General Conditions of Contract were updated on 27th April 2015.