1. CONTRACTING PARTIES
The Terms and Conditions set out below shall apply to all contracts made between B. LUANA MISSON RUIZ with tax identification number ES51117743J with registered office at Avenida Francisco Guerrero number 4, 28706, San Sebastián de los Reyes (Madrid) (hereinafter, PAKEDIA), and the contracting party (hereinafter, the Customer(s), the Client(s) or the User(s)). This contract shall apply irrespective of any special conditions that may be agreed upon a case-by-case basis. The language of the contract shall be Spanish.
2. ACCEPTANCE, CONTRACT TERMS, AND SERVICE UPDATES
By accepting the following contract, which is binding on both parties, you declare and guarantee that the information provided is correct and truthful and will be updated, if necessary, and that the Customer has the legal capacity to accept it (over 18 years of age). In the case of acting through a representative, that the latter has the corresponding authorisation to act on behalf of and for the benefit of the Client.
This contract of adhesion cannot be modified.
PAKEDIA may subcontract any type of service (transport, goods insurance, etc.) through other companies or freelancers, and the Terms and Conditions stipulated by these companies shall apply.
Customers and Users of PAKEDIA accept the Terms and Conditions of the contract, which come into effect upon acceptance of the contract by registering on PAKEDIA’s website. Contracts or orders shall be governed by these Terms and Conditions.
PAKEDIA may update the Terms and Conditions based on the regulations and legislation in force at any given time. Some clauses may be modified by legal notices, so PAKEDIA invites Customers to periodically review these updates. These Terms and Conditions must be read before accessing and using the services provided by PAKEDIA.
There may be restrictions that are not included in these conditions and stipulations by the carriers and insurers, such as restrictions on prohibited goods or goods excluded from coverage.
PAKEDIA has taken all necessary and reasonable measures and precautions to ensure that the information on this website is up-to-date and reliable, but PAKEDIA accepts no liability for errors, omissions, or outdated information. PAKEDIA reserves the right to correct, add or delete information on this website.
The contract between PAKEDIA and Customers is deemed to be formalised when Users register on PAKEDIA’s official website, enter PAKEDIA’s postal address as the shipping address when making their online purchase, and register the package to be sent by the seller to PAKEDIA’s facilities in the section provided for this purpose in their personal area.
Access to www.pakedia.com is guaranteed every day of the year. If access is suspended at any time, PAKEDIA accepts no responsibility for this until it is up and running again as soon as possible, and the technical staff will restore the service as soon as possible.
If any clause or part thereof is void or ineffective, the remainder of these Terms and Conditions unaffected by such invalidity or ineffectiveness shall survive.
PAKEDIA reserves the right to modify these Terms and Conditions of Service at any time.
3. RIGHT OF WITHDRAWAL
The object of the contracted service is the reception, storage, handling (if applicable) and transport of goods, and therefore the contracting party is aware and PAKEDIA informs Customers before the acceptance of these Terms and Conditions, that the right of withdrawal does not apply to this contract, as established in article 103 1) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users.
4. INFORMATION AND USERS
To access the services offered by PAKEDIA and place an order online in Spain, Users must first register as Customers on the website www.pakedia.com using a username and password (https://pakedia.com/user/#/signup).
The following personal data will also be required: full name and surname, ID card or other identity documents (in the case of a private individual), VAT number (in the case of a professional), contact mobile phone number (including international country prefix), e-mail address and full postal address to which packages arriving on behalf of Customers will be forwarded. This applies to Customers living within the European Union and in non-custom countries or territories.
For Customers residing outside the European Union and/or in customs countries or territories, it will be necessary to previously carry out an identity verification procedure by sending a national identity card, driving licence, or passport.
The correct completion of the information related to the contact mobile phone number, the postal address for delivery at the destination, as well as the identity document or VAT number, is of vital importance for the transport company and, where appropriate, the customs authorities, to be able to contact Customers and formalise the delivery of the packages transported.
It is the Customers‘ responsibility to provide PAKEDIA with all useful and complete information regarding the shipment of the package, in particular the receiver’s address and contact telephone number.
The lack or omission of information in this regard may result in additional costs for Customers, for which PAKEDIA shall not be liable under any circumstances.
Under no circumstances may PAKEDIA’s postal address be used for purposes other than sending online purchases for subsequent forwarding. This postal address may not be used as a tax, business, or residence address or for the creation of bank accounts, or personal e-mails, among others.
5. SERVICES
Access to the services offered by PAKEDIA requires the prior creation of a personal account by Customers by registering on the website www.pakedia.com.
Before placing any online order, Customers must log into their personal area to find out the postal address of the PAKEDIA warehouses to which they will request delivery of their online purchases, as well as the customer code assigned to them when they register on PAKEDIA’s online platform.
When completing the online purchase (at the checkout), Customers must indicate „PAKEDIA“ as the recipient of the shipment together with the customer code assigned to them (for example, PK100025), followed by their name and surname, and indicate the postal address of the PAKEDIA warehouses as the delivery address. It is the Customer’s exclusive responsibility to pay the seller for its purchase. PAKEDIA will not accept “cash on delivery” deliveries under any circumstances.
Once the order has been placed, Customers must immediately register/add the package in their personal area, thereby notifying PAKEDIA of the upcoming receipt of the package at its warehouses. Any package that arrives at PAKEDIA’s facilities and has not been previously notified by Customers will be rejected by PAKEDIA.
Customers expressly authorises PAKEDIA to receive any package arriving at PAKEDIA’s facilities on their behalf.
Any package that arrives at PAKEDIA’s facilities without the name „PAKEDIA“ along with the customer code, as well as the Customers first and last names, will be rejected and returned to the sender/vendor or accepted and opened in an attempt to identify the owner of the package. If, after opening the package, the owner still cannot be identified, the package will be kept in PAKEDIA’s warehouses for 15 days pending the Customer’s contact with PAKEDIA.
If, upon receipt of the package, the packaging is very damaged or appears to have been opened, PAKEDIA may reject it or return it to the sender. The degree of deterioration of the package is at PAKEDIA’s discretion and Customers cannot claim any compensation or reimbursement for the rejection and return of the package.
PAKEDIA will only accept packages from official senders/sellers, as well as packages exempt from customs duties and any other type of fee or charge, which must be paid by Customers before sending their purchases to PAKEDIA’s warehouses. All direct, indirect, and/or incidental costs shall be payable exclusively by Customers. All purchases arriving at PAKEDIA’s warehouses must have been paid for before shipment to PAKEDIA’s facilities.
Furthermore, if Customers make purchases in a customs country or territory, Customers declare that they are aware that PAKEDIA cannot advance payment of customs clearance fees upon the arrival of the package at its warehouses and will refuse delivery of the package in question (this is mainly the case for packages from countries outside the European Union). PAKEDIA can only receive packages whose customs clearance has been carried out by Customers before delivery of the package to its warehouses.
To fight against possible fraud attempts and in case of doubt about the legality of the content of the package or the proper use of its services, PAKEDIA may open and verify the content of any package, as well as the related documents. The identity of the person placing the order (owner of the package) and that of the receiver must be identical. If this is not the case, PAKEDIA reserves the right to refuse to forward the package and request the Customer to return the package to the sender/seller.
Likewise, PAKEDIA may return to the sender/carrier who made the delivery any package in which it suspects any type of illegal content or fraudulent use of its services.
PAKEDIA will not receive postal mail (personal or administrative mail, delivery of SIM cards or bank cards, etc.).
It is strictly forbidden to use the address of PAKEDIA’s facilities to send packages by Customers whose identity has not been previously validated/verified by PAKEDIA. If packages are sent to PAKEDIA’s warehouses without the Customer’s identity being verified/validated, PAKEDIA may reject the delivery of the package or accept it and subsequently destroy it, without the Customer having the right to object, claim, or request any financial compensation.
You can consult the services offered by PAKEDIA here.
1) Intermediation and storage services
Customers make online purchases in Spain and send them to PAKEDIA, which receives and stores them until Customers request forwarding to their country of residence. Once the goods have been received, PAKEDIA stores the packages until Customers indicate the handling service and shipping method chosen.
Storage of Customers’ packages is free of charge for the first 15 days from the receipt of the package at PAKEDIA’s warehouses. After this period, the storage fee is 50 cents per package and day of storage.
Furthermore, to avoid congestion in PAKEDIA’s warehouses, storage costs may be billed to Customers with more than 20 (twenty) packages regardless of their storage period.
To offer a competitive transport rate, PAKEDIA offers the possibility of consolidating several packages so that Customers only have to pay for the shipment of one package.
Upon receipt of the package, PAKEDIA may carry out several services on the package on behalf of Customers, such as (non-exhaustive list): taking photos, weighing and measuring the package, regrouping and repackaging the package, reinforcing the protection, vacuum packaging, removal of documents, etc. Any additional services are subject to the express agreement of the Parties and shall give rise to payments in favour of PAKEDIA.
PAKEDIA does not allow Customers to arrange third-party collections for their goods.
2) Handling services
– MINI rate: PAKEDIA forwards the package in its original packaging, without opening or handling it.
– STANDARD rate: PAKEDIA waits to receive more packages from the Customer and, without opening or handling them, places them all in a new box to forward them together to pay for a single shipment.
– MAXI rate: PAKEDIA waits to receive more packages from the Customer, opens them and, places their contents in a new box (with handling) to forward them together, optimising the weight and size of the box so that the Customer pays for a single shipment. By optimising the weight and size of the box as much as possible, the Customer will save considerably on shipping costs.
The STANDARD and MAXI rates require the addition of a new cardboard box (heavy-duty double channel, suitable for international shipments) to consolidate the Customers‘ packages into a single package for shipping. When calculating the final weight of the package to be delivered by PAKEDIA to the carrier, the average weight of the cardboard boxes used by PAKEDIA for the shipments will be added to the total weight of the Customers‘ packages. Likewise, the total volumetric weight of the consolidated packages will be automatically calculated according to the size of each package, as well as the size of PAKEDIA’s boxes.
Customers confirm the request for consolidation (STANDARD rate) and repackaging (MAXI rate), accepting the conditions proposed by PAKEDIA, at the time of the request and payment of the forwarding. PAKEDIA will make every effort to consolidate and repackage the packages and their contents to reduce their size.
Sealed packages, technological products, and those identified as „Fragile“ are excluded from the consolidation and repackaging services.
At the Customer’s request and always following the Customer’s instructions, PAKEDIA will forward the Customer’s package.
As stated above, PAKEDIA reserves the right to open a package when it is not possible to correctly identify the owner of the package or when there are suspicions about the legality of its contents.
3) Assisted Purchase service
PAKEDIA offers Customers the possibility of purchasing on their behalf on the websites indicated by the Customer and following their purchase instructions (article reference, units, colour, size, etc.) at a fee previously established on its website. The sellers from whom PAKEDIA makes purchases on behalf of Customers are third parties independent of PAKEDIA.
PAKEDIA assumes no responsibility for any relationships that may exist between Customers and sellers, even if PAKEDIA has purchased on behalf of Customers or if Customers have accessed the seller’s website via a link provided by PAKEDIA on its website.
PAKEDIA will not get involved – in any way, shape, or form – in the after-sales service for items that Customers have purchased from the seller, either directly or through PAKEDIA’s assisted purchase service. It is the Customers’ responsibility to contact the Seller directly about any subject matter concerning their purchases.
Customers hereby acknowledge that once they access a seller’s website, they are no longer on PAKEDIA’s website and must therefore comply with the seller’s contractual Terms and Conditions.
For illustrative purposes only, PAKEDIA makes price comparisons on its website between items of the same brand on its website in Spain and other countries. These price comparisons are not updated over time but correspond to the price set by the seller at the time of the screenshot taken by PAKEDIA. Under no circumstances does PAKEDIA guarantee that the price shown on its website is the price in force at the time Customers are viewing it and PAKEDIA will not accept any responsibility, claims, or compensation of any kind in favour of Customers.
Likewise, PAKEDIA does not guarantee that the sellers currently referenced on its website shall continue to be referenced in the future and, if one of the sellers is removed from the list, this shall not give rise to any claim, objection, compensation, or refund to the benefit of Customers.
4) International shipping services
– Shipments to EU countries (without customs) by road: Shipments by road service. There may be random checks of the goods. Shipments must be accompanied by a declaration of the content of the goods being transported (Dangerous Goods Declaration), which will be completed and attached by PAKEDIA based on the statements made by Customers in their personal area when requesting the forwarding of their package(s).
– Shipments to European Union territories with customs and/or customs countries outside the European Union by road: Shipments must be accompanied by the Commercial Invoice (to be completed by Customers in English on the computer), the Original Purchase Invoice (issued by the seller of the items purchased), as well as the Dangerous Goods Declaration, which will be completed and attached by PAKEDIA based on the statements made by Customers in their personal area when requesting the forwarding of their package(s).
– Air shipments: When the shipment is made via air transport, the prohibitions are greater, the requirements are more demanding and the goods transported may be subject to greater controls. In any case, shipments must always be accompanied by the Dangerous Goods Declaration, which will be completed and attached by PAKEDIA based on the statements made by Customers in their personal area when requesting the forwarding of their package(s). If the air shipment is made to a country or customs territory, Customers must provide the Original Purchase Invoice and complete the Commercial Invoice in English by computer.
It should be noted that air shipments expressly prohibit the transport of liquids of any kind, so Customers may not transport items of this nature. PAKEDIA reserves the right to handle the goods to verify that the statements made by Customers in their personal area are correct and truthful.
To be able to request forwarding, Customers must confirm that they are responsible for any damage that may result from an incorrect or false statement about the contents of their package(s) and accept that PAKEDIA and/or any transport company involved in the shipment may hold them liable.
On certain occasions, the transport company may request additional documentation to that mentioned above.
When requesting the forwarding of the package via the PAKEDIA platform, Customers delegate to PAKEDIA the choice of carrier and agree that PAKEDIA will arrange the transport of their package to its destination on their behalf. By accepting PAKEDIA’s Terms and Conditions of Service, Customers agree to be bound by the Terms and Conditions of Service of the carrier, as well as those of any other intermediary in the transaction (e.g. an insurance company).
Packages are forwarded via a wide network of international carriers whose estimated delivery times are provided by PAKEDIA on its website for information purposes only. In this regard, PAKEDIA is in no way committed to or responsible for compliance with the delivery times estimated by the carriers responsible for transporting the package to the Customer’s destination.
5) Shipping methods offered by PAKEDIA and coverage of the goods
PAKEDIA offers two different shipping methods, depending on the destination:
– Ground shipping: The shipment is made by standard ground transportation. The shipping rate is based on the actual weight or volumetric weight, whichever is greater.
– Air shipping: The shipment is made by air transport (standard and express). The shipping rate is based on the actual weight or volumetric weight, whichever is greater.
When requesting the forwarding of the package(s), Customers confirm the shipping method chosen and authorise PAKEDIA to forward the package(s).
Neither of these shipping methods ensures the items transported by the carrier (except for the minimum coverage established by law).
For illustrative purposes only, the following is a list of items not covered by indemnity (non-exhaustive list, for more information, please contact PAKEDIA):
All restricted, prohibited, and/or uninsured items will be shipped by Customers solely at the Customers’ own risk and, as a consequence, will not be accepted for processing due to loss, damage, and/or breakage.
The services offered by PAKEDIA are carried out only with goods that comply with the regulations in force.
6. RETURNS
If Customers wish to return a package before it is forwarded, they must request the return by e-mail informing pedidos@pakedia.com. Packages that have already been tampered with or for which forwarding procedures have already been initiated with the transport company will not be returned. The costs of the collection service must be paid by Customers to the account number provided by PAKEDIA, together with the concept and identification code that will be provided to Customers via e-mail once the return has been requested. PAKEDIA will not be responsible for any costs related to the return service.
Likewise, Customers may only return packages received in their country of residence when they are in their original packaging, have not been tampered with by PAKEDIA, and meet the requirements set by the seller for accepting the return of the purchased goods. In this regard, it is the Customers’ responsibility to ensure that the return of the package is accepted by the seller, as well as to carry out the necessary procedures to request the return of the package.
Customers may return their packages to PAKEDIA’s warehouses at their own expense.
PAKEDIA also offers Customers the possibility of having their package returned by one of the carriers it works with. To do so, Customers must contact PAKEDIA so that it can provide a collection fee.
To request and/or report the return of a package received at the destination, Customers must contact PAKEDIA by e-mail at pedidos@pakedia.com. The costs arising from the collection service (international transport fees and other related costs, as well as PAKEDIA’s handling fee) must be paid in advance by Customers to the account number provided by PAKEDIA, along with the concept and identification code that will be provided via e-mail, once the return has been requested. PAKEDIA will not be responsible for any costs related to the return service.
Any costs that may arise from the return of a package, whether by the sender/seller or any other agent, shall be exclusively for the Customers’ account, PAKEDIA being exempt from any costs in this regard.
7. CONDITIONS OF SERVICE AND RATES
The prices applicable to each service are those published on the website and are expressed in EURO currency. Customers accept that the economic valuation of some of the services may vary in real-time and that the transport rates will be updated by the new rates offered by the transport companies.
Payment of the services shall be made by credit, debit card or Paypal, directly online on PAKEDIA’s website via the secured payment site run by PAKEDIA’s financial partners. In the event of difficulties in making the payment using the payment methods available on the PAKEDIA website, Customers may contact PAKEDIA’s customer service to make their payment by bank transfer for the precise amount of the service(s) selected.
Once PAKEDIA has received payment, it will handle the package and deliver it to the carrier as soon as possible and will issue the invoice for the service provided, which can be downloaded from the Customers’ personal area.
Before contracting and paying for the service, Customers must check online all the details of the quotation (services, prices, charges, discounts, taxes, and the total amount). Prices may change daily until the order is placed.
Customers pay PAKEDIA for the service of reception, storage, consolidation (with or without handling), packaging (if requested), shopping assistance (if requested), and delivery of the package to the transport company for transport to its destination. If in the country of destination, there are taxes or payments to be made, Customers must pay them. Customers must consult the taxes in force in the country of destination.
Customers can check the handling fees, assisted purchase fees, and shipping rates on PAKEDIA’s official website.
Since PAKEDIA is an intermediary company, once the order has been placed in the online shop and sent to PAKEDIA’s warehouses, it must be registered in the Customers‘ personal area, in the „Incoming packages“ section. Customers must indicate the name of the sender/seller, the shipping or tracking code, the number of packages, and the expected delivery date to PAKEDIA’s warehouses. Packages that have not been previously notified by Customers in their personal area will be rejected by PAKEDIA.
Once the package arrives at PAKEDIA’s warehouses, the name and surname of the Customer will be analysed, along with the customer code provided when placing the order, and the status of the package will be updated in the Customer’s personal area, indicating the weight and dimensions of the package so that the Customer can easily calculate the forwarding cost. PAKEDIA will then await the Customer’s instructions for forwarding the package.
As a general rule, and unless requested by Customers, PAKEDIA will not open or manipulate any package (except for air shipments, as previously mentioned), which will be forwarded in its original packaging, removing any transport labels between the seller’s/sender’s facilities and PAKEDIA’s warehouses.
The maximum storage period for a package at PAKEDIA’s warehouses is 60 calendar days from receipt of the package. Beyond this period, Customers shall expressly and irrevocably accept that PAKEDIA shall dispose of the package as it sees fit (including returning the package to the sender, reselling it, donating it, or destroying it) and Customers shall be unable to claim any objection, compensation or refund as a result. Beyond this period, storage fees remain due by Customers and will be invoiced for any service following the abandonment of the package, regardless of the forwarded package(s).
8. BANS
Before contracting any service with PAKEDIA, Customers must review the list of prohibited, restricted, and/or dangerous items. This refers to those items whose circulation is prohibited under national or international law for reasons of public health, safety, general utility, and protection of the service.
PAKEDIA reserves the right to refuse a package when it visibly exceeds the maximum weight and dimensions allowed for forwarding. The weight limit for forwarding is 30 kg and the maximum size allowed (in centimetres, LxWxH) is 60x40x40 cm. Likewise, PAKEDIA will reject any package that has not been notified or registered by Customers in their personal area.
PAKEDIA does not ship perishable goods, fresh food products, or alcohol. Likewise, PAKEDIA neither receives nor ships objects, products, or substances whose circulation is prohibited by applicable national or international laws for reasons of security, public health, general use, and protection of postal services.
Customers are solely responsible for ensuring that the package complies with all the requirements set out in the Terms and Conditions of shipment.
If PAKEDIA or the carrier becomes aware that the package contains dangerous, restricted, and/or prohibited goods, PAKEDIA will refuse its forwarding, and the carrier or PAKEDIA is authorised to retain and/or destroy the package.
Neither the carrier nor PAKEDIA will be held responsible for the incident and Customers will be responsible for any additional costs incurred by the incident. At no time shall PAKEDIA be liable for any costs arising from the destruction or retention of the goods, nor for any delays in deliveries in the event of such a situation.
There are different types of prohibitions on sending items through the postal services of each country, so Customers must check that the items they want to forward are not among the items whose transport is prohibited in both the country of origin and the country of destination before placing the order.
It is the Customers’ responsibility to check that the items they want to forward to their country are not among the items whose transport is prohibited both in the country of origin and destination. Customers should regularly consult the information on prohibited items on the official websites set up for this purpose (such as, for example, embassies).
If the forwarded items are prohibited, Customers shall assume all legal and financial consequences arising from such an infringement, exempting PAKEDIA from any type of liability.
For illustrative purposes only, and in compliance with international standards, some of these items are listed below (non-exhaustive list), irrespective of those that each country may specifically establish:
Customers are hereby informed that it is expressly forbidden to send this type of item via PAKEDIA and its partner carriers. Furthermore, Customers are expressly informed that the shipment of objects with images or depictions of minors in pornography is a criminal offence, as is the export, possession, and circulation of counterfeit products.
Customers must remember the importance of correct packaging of the goods, in particular, delicate materials and electrical appliances because if the packaging is not suitable for transport, the goods run the risk of being broken and not having the damage covered.
Sealed packages, technological products, and those identified as „Fragile“ are excluded from the consolidation and repackaging services.
The package’s packaging is the sole responsibility of Customers and it is expressly agreed that any damage attributable to inadequate packaging shall absolve PAKEDIA from any liability.
PAKEDIA is in no way responsible for the content of the shipments ordered by Customers through its platform and carriers. Customers are fully and completely responsible for the content of the shipments and for ensuring good practices. The packages will always remain the exclusive property of Customers. In this regard, Customers are responsible for any damage that the package and/or its contents may cause to any person or company, whether a third party or a PAKEDIA collaborator.
If PAKEDIA, its partners, and/or competent authorities detect that Customers have falsified the real content of the shipment, PAKEDIA reserves the right to take any legal action against Customers. Both PAKEDIA and its partners are exempt from any liability in this regard.
Customers are solely responsible for the content of the shipments.
To avoid receiving any suspicious goods, PAKEDIA will only accept packages from official senders/sellers, never from private individuals, and reserves the right to open any package that arrives at its facilities to verify its contents.
PAKEDIA shall not be liable for loss, damage, breakdown, or delay caused by the fault of the sender/seller or the receiver (Customer), either due to an unreasonable instruction, negligent action, defect in the goods, or unavoidable circumstances whose consequences could not have been prevented.
PAKEDIA shall also not be liable for any deficiencies or insufficiencies in packaging, nature or defect of the goods, lack of identification or effective marking of the packages, or as a consequence of the shipper’s or consignee’s failure to comply with their contractual or legal obligations.
PAKEDIA will use its reasonable endeavours to deliver the shipment under normal delivery times, but this delivery time is not guaranteed and does not form part of the contract. PAKEDIA shall not be liable for any loss or damage caused by delays.
PAKEDIA will not assume any responsibility for the goods before they arrive at its warehouses. Upon receipt, PAKEDIA will evaluate the condition of the goods by opening the package(s) and checking them thoroughly (only available for the MAXI service).
PAKEDIA is only responsible for the goods that have been received in perfect condition at its warehouses (and whose condition check has been previously requested by the Customer) while they are stored in PAKEDIA’s warehouses. In the event that, upon opening the package, the contents are damaged, PAKEDIA will immediately inform the Customer so that he/she can file the appropriate claim with the seller. PAKEDIA will only be responsible for goods received in perfect condition at its warehouses and will not assume any responsibility for goods that have arrived at its warehouses damaged. In the event of theft, damage, or loss of the goods during storage at its facilities, PAKEDIA shall compensate Customers (if it has been able to previously verify the suitability of the condition of the goods upon receipt of the package) for the purchase value of the goods (excluding VAT) and up to a limit of 300 euros (three hundred euros) per package. For this purpose, Customers must provide the original purchase invoice(s) of the goods subject to compensation through the channels provided for this purpose in their personal area. The invoice data must match the data entered by Customers when registering the package in their personal area (sender, declared value, number of packages, shipment code, etc.).
Once the package has been delivered to the carrier, PAKEDIA declines all responsibility for the goods. PAKEDIA shall not be held liable in the event of loss, deterioration, damage, breakage, delay, misdelivery, or non-delivery of any package sent within Europe or internationally.
9. CUSTOMERS’ EXCLUSIVE RESPONSIBILITY
In any case, Customers shall always assume full responsibility for the contents of their package(s) which PAKEDIA ignores.
10. INCIDENTS
PAKEDIA acts solely and exclusively as an intermediary between Customers and the transport company and is therefore exempt from any liability arising from any incident(s) from the time the package(s) leave its premises and during transport. PAKEDIA only offers itself for the management of incidents.
In the event of an incident, Customers must access their personal area and, in the „Report an incident“ section, complete a form explaining the reason for the incident in as much detail as possible, the damage suffered by the goods, and their value. PAKEDIA will manage the incident with the transport company and, if necessary, will request further information to carry out the management of the incident.
If the incident is resolved favourably, Customers will be compensated as soon as the incident is resolved and the amount has been paid by the transport company and/or by the insurer (if Customers have taken out transport insurance at the time of requesting the forwarding of their package).
The insurance and transport companies have specific deadlines for making claims for damage or loss of packages, and both Customers and PAKEDIA must comply with these deadlines, otherwise, the claim will be inadmissible on the grounds of foreclosure.
At the time of delivery, Customers must check the condition of the package and its contents in the presence of the carrier and only sign the dispatch note when they have checked it.
If Customers detect any incident (breakage, deformation, cracking, tearing, deep scratches, humidity, etc.), they must indicate it on the dispatch note, sign it, give it to the carrier, and immediately contact PAKEDIA’s customer service (within 24 hours) to analyse the incident with the carrier.
In this case, Customers must keep the package and its packaging and take photos of the package in the condition in which it was received (closed and open), as well as photos of the damaged products and the internal protection of the goods.
If the damage is not visible, Customers must indicate on the dispatch note „pending review of hidden damage„.
Depending on the carrier that has made the shipment, the claim must be made within a period of 48 hours to 7 calendar days upon receipt of the goods, unless the damage was evident at the time of receipt, in which case the claim will only be accepted in the act of receipt.
Once these deadlines have elapsed, the transport company and/or insurer will not accept any complaint about the condition of the goods transported.
For this reason, Customers must submit the claim as soon as possible, preferably upon receipt of the goods or within 24 hours at the latest.
IMPORTANT: Customers must contact PAKEDIA within 24 hours of receipt of the goods so that PAKEDIA can send all the information to the transport and/or insurance company.
In the event of an incident, Customers must submit: an invoice for the value of the goods, photos of the packaging and contents, photos and description of the missing/damaged goods, photos of the damage, and photos of the ECB delivered (photo of the package label, which shows the barcode of the shipment).
Customers shall also keep the damaged goods and their packaging for at least 6 months for possible appraisal, or removal of the goods in the event of compensation, by the insurance department of the transport agency and/or insurer.
Customers must inform PAKEDIA in as much detail as possible about the incident to resolve the incident with the carrier and/or insurer. PAKEDIA will inform Customers of the deadlines and the documentation to be provided as soon as the carrier and/or insurer contacts PAKEDIA.
The average resolution time for agencies and insurers, from the time complete documentation is submitted, is between 2 and 12 months.
Compensation
If insurance has been taken out for transport and an incident has occurred during transport, it is essential to provide the original purchase invoice for the goods, as the insurer will compensate Customers based on the value of the goods according to the purchase invoice, excluding VAT. If invoices are not available, the insurance contract will not be taken into account, and therefore Customers will not be compensated in the event of an incident during transport.
If the claim is not accepted, Customers will have to pay the costs of collection and return that would have been generated by the expertise of the goods. If the claim is accepted, the transport company and/or insurer will pay the compensation.
The periods will depend on the date on which the claim is received, the method of payment, public holidays, the destination bank, as well as other factors that are not attributable to PAKEDIA or the transport and/or insurance company.
The transport and/or insurance companies may request the destruction of the goods once the expert appraisal has been carried out to compensate Customers for the loss, regardless of whether or not the goods can be repaired.
PAKEDIA will resolve the incident based on the resolution of the incident by the transport company and/or insurer.
As stated above, PAKEDIA does not act as an insurance company. PAKEDIA does not offer transport insurance, but rather it is offered by transport and/or insurance companies outside PAKEDIA. For this reason, the Terms and Conditions of the transport and/or insurance companies apply in all matters related to the insurance of shipments made through www.pakedia.com.
IMPORTANT:
If Customers do not respect the General Terms and Conditions of Sale/Service of PAKEDIA and/or its collaborating partners, Customers will not be compensated in the event of an incident with their package.
If the carrier or the insurer refuses to take responsibility for the incident (which occurs when there is a default on the part of the Customer), Customers will not be compensated and will not be able to claim any compensation.
All these conditions apply to authorised goods, delivered to an actual address, with packages delivered personally to Customers and signed for by Customers (no third parties, no post office boxes and no packages delivered at collection points).
11. CUSTOMS
Customs is an official body responsible for regulating all activity associated with the entry and exit of goods, people, and capital into and out of a country, carrying out fiscal, health, safety, and security controls and international trade statistics, as well as the collection of taxes imposed by law. They are located at borders, coastlines, airports, and railway stations, and can alter the course of international shipments, affecting delivery times or making goods more expensive.
Deliveries to countries and/or customs territories (outside the European Union, as well as to Norway, Switzerland, and the United Kingdom, among other customs territories) incur customs charges both at the origin and destination. Customers shall pay PAKEDIA the costs of customs formalities until arrival in the destination country. Once the package has been received by the country’s customs authorities, to receive the goods, Customers will have to pay the customs charges, taxes, duties, fees, and any other costs that the laws of the country of destination may impose. The cost of taxes, duties, and fees will be known at the time the package is released by the customs authorities.
Customers undertake to comply with all customs and fiscal formalities to which the package forwarding may be subject. As such, Customers expressly undertake to provide all information and documentation that may be requested by PAKEDIA or the carrier.
Customs costs are always borne by Customers. By contracting the transport service through PAKEDIA, only the shipment to the destination country is guaranteed, but customs formalities are always the responsibility of Customers, who must previously inform themselves about the export and import conditions of each country. PAKEDIA will not be held accountable for any customs duties or taxes levied by the customs authorities once goods arrive at the destination country.
Customers are solely responsible and liable to pay for any applicable taxes, customs duties, island taxes, and local taxes in the country of destination, among other costs. PAKEDIA cannot be held liable for any errors or omissions in Customers‘ declarations and/or for any infringement of customs and tax regulations. In any case, Customers shall pay PAKEDIA for any costs incurred by PAKEDIA as a result of such false, inaccurate, or incorrect declarations.
Customers assume all consequences (mainly financial and criminal) resulting from undelivered, late, erroneous, incomplete, or inappropriate declarations or documents. PAKEDIA hereby draws Customers’ attention to the fact that any false or inaccurate declarations may lead to delays in the delivery of packages.
If Customers refuse to pay these costs, PAKEDIA shall bear the costs, regardless of whether the goods are destroyed, abandoned, or returned to the country of origin, and PAKEDIA shall pay not only the costs claimed from Customers, but also the cost of returning the package to the country of origin.
All of these costs must be paid in full by Customers to PAKEDIA, who undertake to pay them, and PAKEDIA may claim them in court in the event of non-payment. PAKEDIA will contact Customers and provide them with the account number to which the payment must be made and the instructions to be followed to make the payment.
In the event that customs authorities do not allow the entry of the package into the destination country, and it is returned to the origin (to PAKEDIA’s warehouses), Customers shall be responsible for covering all expenses incurred, both in customs and in the return of the package to the origin. Once the package returns to PAKEDIA’s warehouses, Customers may schedule a new shipment of their package.
Upon receiving the package returned to its warehouses, PAKEDIA will store the package free of charge for a maximum period of 15 days, allowing Customers to resolve any issues related to the shipment to their destination country.
However, once the free storage period for the package returned is exceeded, if Customers decide to disclaim their package, the contents of the package will become the property of PAKEDIA, and cannot be subsequently claimed by Customers.
Furthermore, PAKEDIA may pursue legal action to recover all expenses related to customs procedures, administrative procedures, and the return transportation costs of the package to the origin.
PAKEDIA strongly recommends that Customers inform themselves about the restrictions (weight, value, and/or type of goods) and taxes imposed by each customs office, thus avoiding delays and incidents in the delivery.
Any costs arising from the lack of customs documentation, as well as incomplete documentation, and costs arising from physical or documentary inspections of the goods being transported, among others, shall be borne by Customers, exempting PAKEDIA from all liability. If these costs are charged directly to PAKEDIA, Customers undertake to pay these costs to PAKEDIA, and PAKEDIA may claim them from the courts in the event of non-payment. The costs may be updated according to changes in the transport company’s rates.
To carry out customs formalities, it is compulsory to provide a photocopy of the passport in PDF format, the Original Purchase Invoice when exporting, as well as to fill in a Commercial Invoice by computer in English. The Commercial Invoice must show the content of the shipment, the value of the goods, the reasons for the export, and the name and tax details of the sender and the receiver, among others.
The Commercial Invoice must show the real value of the goods shipped, so Customers should indicate the amount stated on the Original Purchase Invoice. The information must be accurate, as Customs calculates the duties according to the value of the goods shipped. If the value indicated on the Commercial Invoice does not coincide with the value they estimate, Customers will run the risk of being penalised.
Customers must complete the Commercial Invoice in their personal area, attach the purchase invoice(s) and declare the real value of the goods transported. The Commercial Invoice must be filled in by Customers on the computer in English and uploaded to their personal area.
PAKEDIA offers Customers, in their personal area, a blank Commercial Invoice model to be completed in English by computer and attached by Customers when registering the package. It should be noted that the information and/or documents that PAKEDIA shares on its official website are provided for indicative purposes only and PAKEDIA shall in no way be held liable if the information is incomplete or obsolete.
Customers undertake to provide as much information as possible about the content of the shipment or the package may be rejected or stopped at Customs.
Before making any arrangements to send packages, Customers should check the shipping requirements of each country, as each country has its own restrictions.
Tariffs
The countries of the European Union are the following: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
However, certain territories of the European Union are obliged to pay customs duties, such as Melilla, Ceuta, Gibraltar, and the Canary Islands, among others.
Necessary documentation
As mentioned above, for shipments to non-EU countries and other customs territories, Customers must provide the Original Purchase Invoice as well as the Commercial Invoice. Occasionally, additional documentation may be required for special procedures, in which case you should contact PAKEDIA immediately and send the documentation required. The documentation must be stamped and signed by the Customers.
The documentation requested shall in any case be as follows:
Original Purchase Invoice: Invoice issued by the seller for the goods purchased by Customers.
Commercial Invoice: Declaration about the contents of the shipment, with the details of the sender and receiver (in both cases, it will always be the Customer), which Customers must complete by computer in English and attach in their personal area (model available for download in the Customers’ personal area).
As a sender, Customers always remain responsible for the contents of the shipment and the correct completion and delivery of the Commercial Invoice. PAKEDIA is not the sender and is not liable nor responsible for the correctness of the information entered on the invoice.
The data to be reflected are as follows:
PAKEDIA must provide five copies of the Commercial Invoice from the documentation attached by Customers in their personal area, attaching one on the outside of the package, another on the inside, and handing the remaining copies to the carrier. PAKEDIA recommends that Customers keep a copy of the invoice in case of customs claims.
Clearance authorisation: Document accrediting that the consignee authorises the carrier (the chosen transport company, with its corresponding VAT number) to carry out the import clearance on their behalf, completing the information on the document with the consignee’s information. The data must be the same as those on the Commercial Invoice. These costs are to be borne by the Customers.
Certificate of use: Document clarifying the reasons for import (leisure, work, study, etc.). Customs may reserve the right to request any documentation proving proof of use.
Additional documentation: PAKEDIA will contact Customers if Customs requests any additional documents.
Country-specific restrictions
Shipments to EU countries are duty and tax-free, but this does not mean that the goods are not subject to customs entry control.
For this reason, Customers should inform themselves about the restrictions and limitations in force in each country. In case of doubt, PAKEDIA provides Customers, for information purposes, with the pages of the different customs offices so that they can access all the information on the documentation, regulations, and limitations of each country, and recommends that they consult the embassies of each country.
Europe
North America
Latin America
Middle East
East
In case of doubt, Customers may contact PAKEDIA, who will forward the query to the transport company to confirm the existing limitations and/or prohibitions for the transport of the object in question.
Supplementary documentation
Declaration of dual-use
If the items shipped are technological and may be susceptible to use for military or civilian purposes, invoices should contain an explanatory message similar to the following, together with the invoice signed with names and surnames:
„I declare that the goods indicated in the invoice are not included in CE 428/2009 European Council appendices (and its updates), and are not intended for dual-use technology or any other military use under any circumstances„.
With this in mind, certain types of goods must travel with a special licence for export and otherwise must be accompanied by a Declaration of dual-use certifying that the goods will not be used for military or nuclear purposes. Dual-use goods are those software and technology products that can be used for military or nuclear purposes.
PAKEDIA cannot be held responsible for Customers‘ lack of knowledge of the documentation required for customs clearance nor for delays in clearance caused by failure to provide the required documentation.
The goods that may require a special licence for clearance are listed in Annex I of Council Regulation 482/2009, which groups the goods and technologies subject to control into these 10 main categories:
Tariff Number
To sort international shipments and calculate duties, tariffs, taxes, and possible restrictions, the „Tariff Number“, a numerical code that is linked to each type of merchandise based on its nature, is used worldwide. It must appear on the Commercial Invoice to speed up customs procedures. It must also be accompanied by the Original Purchase Invoice which includes a description of the goods (content, material, and intended use).
Customers can consult all the information related to this code in this link if they have any doubts.
Once on the website, Customers must search for the most appropriate category for the goods to be shipped. When selecting one, they will also have to choose a subcategory (and so on, if there are more sections). Once the subcategories have been selected, they will obtain their 10-digit tariff code.
Customers need to make sure that the selected section is the most appropriate for the nature of their goods (if in doubt, they should contact Customs).
If the goods are detained by Customs, they will check that the contents of the package correspond to what was declared, and may claim payment of the corresponding tax. It is the customs office itself that contacts Customers. These types of expenses are usually common in shipments to non-EU countries. PAKEDIA, therefore, recommends that Customers should always ask for information before requesting forwarding. If Customers have any doubts, they should contact the customs office of the country concerned to find out what requirements they impose and thus anticipate all these procedures.
Document II EE
Customers are also informed that some international shipments require the approval of Document II EE, which refers to goods subject to excise duties.
Another aspect to take into account when exporting is the EORI number, which is the Economic Operators Registration and Identification and is required for B2B shipments to countries outside the European Union. It is required for customs clearance and must be indicated on the Commercial Invoice.
To ship to the United Kingdom, Customers need the EORI numbers of the commercial exporter in the EU and the commercial importer in the United Kingdom. If Customers do not have one, they can apply to the customs authorities in their country.
12. INTELLECTUAL PROPERTY
All elements of PAKEDIA’s website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents.
They are the exclusive property of PAKEDIA. Customers are therefore authorised to use the website exclusively for their own needs, without being authorised to reproduce, adapt or resell these elements.
If Customers, who have their website, wish to include a link to PAKEDIA’s website on it, they must request prior written authorisation from PAKEDIA.
All unauthorised links must be removed upon PAKEDIA’s request.
13. LEGISLATION AND JURISDICTION
The provisions of the applicable international conventions shall apply to the contracted transport service and, subsidiarily, Spanish sectoral legislation, namely: Commercial Code, specifically the provisions of the Law on the Contract of Land Transport of Goods, the Law on Land Transport Organisation (LOTT), its regulations and development rules and other legal provisions in force at any given time.
For the resolution of any litigious issues that may arise from the application or interpretation of these Terms and Conditions, both parties submit to the competent Spanish Courts and Tribunals, under the provisions of current Spanish legislation and the competent jurisdiction in the case of consumers, expressly waiving any other procedure that may correspond to them, and excluding the submission of the litigious issue to any type of national or international arbitration.
For the management of incidents and complaints related to the provision of the contracted services, Customers should contact PAKEDIA through the communication channels indicated in the „Contact“ section of this website.
Customers are hereby informed that there is also an EU online dispute resolution platform which can be accessed via this link.
