CONDITIONS OF THE CONTRACT FOR TRANSPORTATION AND HANDLING OF GOODS IN GENERAL OF SHOPPINGBOX SA DE CV
CONTRACT FOR THE PROVISION OF TRANSPORTATION AND HANDLING OF MERCHANDISE IN GENERAL SERVICES WHICH IS CELEBRATED BY SHOPPINGBOX S.A. DE C.V., TO WHOM HEREIN WILL BE CALLED SHOPPINGBOX, AND ON THE OTHER PART THE USER OF THE SERVICE WHO WILL BE CALLED THE ADDRESSEE IN ACCORDANCE WITH THE FOLLOWING CLAUSES:
DEFINITIONS: In the terms to which the scope of the service refers, when mentioning the words “we”, “our”, they will be referring to SHOPPINGBOX and / or THE PORTER, its employees and legal representatives, when mentioning the words “you” , “Your” and “yours”, will be referring to the RECIPIENT, their employees, principals and agents, SHIPPING is the set of goods that will be transported, which in turn can be made up of packages or another type of unit.
FIRST.- In accordance with the conditions under which you have contracted the cargo transportation service, we are obliged to provide you with said service in the terms already agreed upon, with the understanding that when you deliver your SHIPPING to us and be signed by you or by any of your employees or principals, the Consignment note from the corresponding parcel company for the merchandise delivery service to your address within the Mexican Republic, you accept, for yourself or as an agent for or on behalf of any person who has an interest in this SHIPPING, all the terms and conditions of this contract and that likewise, you jointly and severally agree to pay for the contracted services, which are specified in the quote that is presented to you either through PDF format or within the SHOPPINGBOX.mx platform.
SECOND.- You guarantee that your SHIPPING is correctly described prior to contracting the SHOPPINGBOX service, either through the SHOPPINGBOX.mx platform or by email and / or documents of any format that describe the merchandise to be transported; and that it is legally acceptable for us to transport it, because we have all the documentation and permits that prove its legality and that it is also not prohibited by the law of our country, and that in case of any problem that your SHIPPING generates before any authority or if it is confiscated by said authorities, you will be jointly and severally liable for any sanction imposed by said authorities or our suppliers with whom we have signed special service contracts, as well as for all the expenses that we have to pay for the payment of lawyers. and any other type of professionals, in order to free ourselves from any responsibility that is imputed to us; as well as the rest of our clients and / or suppliers or third parties as a result of the controversy that caused your SUBMISSION. In the same way, you guarantee that your SHIPPING is correctly marked, consigned and packaged to be transported and handled in a way that guarantees its protection.
THIRD.- You agree that when we consider it convenient, we may subcontract cargo transportation services; parcel or courier, whether land or air, with any of the companies legally established in our country, in order to comply with the service that we have agreed with you in the files and / or documents that are attached to this service contract, making us responsible at all times before you, under the terms and conditions agreed in this document, without this representing for us any fault or damage, contrary to the same agreements that we have agreed with you in this contract.
QUARTER.- You, under no circumstances, should send items prohibited by the laws of our country, such as those indicated below, but not limited to: explosives, weapons, jewelry, pieces of art, credits, money, currency, precious metals. , vouchers, perishables, controlled medications or that require temperature control, narcotics, drugs, compressed gases, toxic, corrosive, flammable products, articles or materials that give off strong aromas, bulk grains, illegal merchandise, engines or vehicles with fuel, engines and mechanical pieces without a wooden crate, household items, handicrafts, coffins with corpses, live animals, medical diagnostic equipment, powders and inks that present some dangerous and / or controlled chemical matter.
FIFTH.- If delivery OCCURS, it will be your obligation to go to the corresponding branch to receive your SHIPPING, which you can see on the page of the parcel company that has been used to deliver the SHIPPING to the recipient within the Mexican Republic. In the event that the service is home delivery, the parcel company that has been selected will be responsible for taking the SHIPPING to your home, it being established that the SHOPPINGBOX company is only the intermediary that manages and coordinates the SHIPPING of merchandise. to the recipient within the Mexican Republic, and therefore, the SHOPPINGBOX company is exempt from any responsibility for theft, loss, loss and / or damage of merchandise or any other responsibility regarding SHIPPING. If said SHIPPING is not received, notice will be left that said SHIPPING will be available to the interested party in the place indicated by the corresponding parcel company; if the SHIPPING is not withdrawn within FIVE days after it has been made available to the corresponding ADDRESSEE; You authorize us to transfer it to our concentrating warehouses for its due protection, which will cause daily administration and storage expenses at a rate of 1% of the total value of the services, plus the freight that originates from the shipment to the warehouse. concentrator and for its return to the site that the client requires, in the same sense it is necessary to clarify that the cost of storage should not be greater than the sum of the cost of the accumulated freight, the amount that results to pay, must be settled when want to withdraw your SHIPPING, prior deposit to the bank account indicated. In the case of perishable SHIPMENTS and that during their transportation or storage, they come to spill or decompose biologically, giving off fetid aromas, which may put the rest of the cargo or, where appropriate, our personnel or vehicles at risk, we can without liability any, proceed to destroy or dispose of them, at your expense.
SIXTH.- If the SHIPPING is not withdrawn by your interested parties within 90 calendar days after it was made available to you; According to the conditions agreed in our service policies, both you and your RECIPIENT hereby authorize us to proceed with the sale of your SHIPMENT by public auction, in accordance with the provisions of the Commercial Code and other applicable legal provisions.
SEVENTH.- SHOPPINGBOX is solely responsible for acting as an intermediary to coordinate the different service providers that act in the supply chain to receive, consolidate and transport your merchandise. Any responsibility caused by the handling of your merchandise in any part of the journey that ranges from the departure of the SHIPPING in the country of origin, until the delivery of the SHIPMENT to the recipient within the Mexican Republic, will be borne by the real provider of the service either speaking of a parcel company, transport company, owner of a loading and unloading warehouse, etc. Leaving SHOPPINGBOX free of any responsibility that during the provision of the present service, and leaving the sole responsibility of SHOPPINGBOX to coordinate the RECIPIENT with the service provider company that has committed the failure, and that is responsible for any incident such as those that The following are indicated in an enunciative but non-limiting manner: damages, theft, loss, misplacement, natural disasters.
EIGHTH.- If you wish that a third person, such as the carrier and / or parcel company in charge of your SHIPPING, assume responsibility up to the DECLARED VALUE of your SHIPMENT, in those cases that it suffers any damage, loss, damage, robbery with violence and loss, at the time of making the payment of services to SHOPPINGBOX, you must also request and pay an insurance that protects you against the aforementioned risks, which you can voluntarily acquire with any of the companies insurance companies legally established in the country, paying the corresponding premium for this, if not in a position to contract it, it will be subject to what is established in the Federal Roads, Bridges and Autotransport Law, Cap. II, Art. 66 of section V, where it is determined that in the absence of the declaration of the SHIPPING value, the responsibility of the parcel company and / or carrier in charge of your SHIPPING is limited only to 15 Days of General Minimum Wage In force in the Federal District per ton or the corresponding proportional part in the case of SHIPMENTS of less weight, if you choose to declare the value of your SHIPPING, it is your responsibility to determine its value, on our part, we disclaim any responsibility when the The amount declared exceeds the real value of the insured goods or, where appropriate, is insufficient. In the same way, on our part, as well as on the part of the insurer with whom you acquire the insurance policy, we will not be obliged to indemnify you up to the amount of value that you declare, since this value is only the maximum limit of responsibility for claims from. In the event of an excess in the declared value, you may request from the insurance company with whom you purchased your policy, the return of the excess of the corresponding premium, once it has been conclusively proven that there really was an excess in its declared value.
NINTH.- The insurance that you take out from the carrier and / or parcel company in charge of your SHIPPING to protect your SHIPPING; It conditions it to the payment of the corresponding deductibles, these being calculated by a percentage of the total of its declared value, these being 0% for Damage and 20% for Theft; Except that a different condition regarding coverage or deductibles is specified on the face of the Letter of Carrier and / or parcel delivery company in charge of your SHIPPING, in which case, this last special condition will prevail. Said insurance does not cover, under any circumstances, damages due to defects inherent to the merchandise, damages due to the action of temperature, damages due to lack of brands or inadequate signage, acts of terrorism, war, vandalism, loss of market, loss of profits, VAT in the case of legal or natural persons with business activity, miscalibration of measuring equipment, failures of any type of software, damage to the merchandise when no damage or blow is manifested in the packaging, damage due to insufficient packaging, false statements, fraud and extension of coverage for SHIPPING returns, in the same way the insurance that you acquire through our company, protects your SHIPPING against the contracted risks, only during its outward transportation and is extinguished when the merchandise is delivered to the indicated destination, in cases where delivery is not completed; As indicated in the 5th clause, the insurance coverage will be extinguished immediately after the time indicated in said clause, and any sudden and unforeseen anomaly that occurs to said SHIPPING remains under your responsibility. If your SHIPPING for any reason arrived damaged at its destination and you, in order to suit your interests, request its return, you must first have settled the original cost of the service that you hired us, to be in a position to request a return to the transport company and / or parcel in charge of your SHIPPING.
TENTH.- When you acquire the insurance policy through the insurance company that we put for your consideration, you accept that on our part, we only appear as your intermediary before said insurer, only in the collection of said policy and manager of the corresponding claims that you file with the aforementioned insurer.
ELEVENTH.- If at the time of delivery of your SHIPPING, there is any loss, breakdown, damage, theft or loss, the RECIPIENT must make it known in writing in that act in the acknowledgment of receipt, noting the observations corresponding to the detected anomalies. After this act, you must submit the formal claim to SHOPPINGBOX so that it can coordinate with the carrier and / or parcel company in charge of your SHIPPING, or where appropriate, you can do so via email, scanning your claim letter to the e-mail address purchases.SHOPPINGBOX@gmail.com, we must have this letter within a period of no more than 15 calendar days, after the registration of said event. The lack of a timely claim and the payment of any debt related to the service provided on the SHIPPING in question, will prevent the exercise of the corresponding actions to start the compensation process, being able to determine your claim inadmissible, on our part, we are obliged to Provide proper monitoring and management, coordinating with the carrier and / or parcel company in charge of your SHIPPING.
TWELFTH.- The SHIPPING value that you declare to us; In the case of new goods, it must correspond to their replacement value, in the case of used goods, it must correspond to their commercial value, in both cases of being a natural or legal person with business activity, they must not include profit margins and VAT at the value of the SHIPPING That you declare, since the insurance does not cover you, if you are a natural person without business activity, you may include the corresponding VAT of the value of your SHIPPING.
THIRTEENTH.- Your SHIPPING will be delivered to you by the carrier and / or parcel company in charge of your SHIPPING, once you fully identify yourself with the documentation that is required at the time and that is considered pertinent, in order to achieve a safe delivery, without limiting ourselves to the INE credential, passport, national military service card, power of attorney and corresponding power of attorney.
FOURTEENTH.- Due to our company policies, we do not have the power to open your SHIPMENTS to verify their content, so if you request that the tapes and / or seals of the box (s) be opened to verify their content, It may proceed to its recognition, only when such recognition is authorized by you. And in any case, if there were to be the loss or misplacement of all or part of the merchandise that travels in the SHIPPING of which you have requested to IMPORTAASHOP to proceed with said recognition, it will be the sole and exclusive responsibility of you as RECIPIENT and part responsible for the violation of our policy.
FIFTEENTH.- If, due to any type of fortuitous circumstances or by actions of the same competent authority, the content of your SHIPMENT is exposed during its transportation or transshipment process in any part of the route through which the SHIPMENT needs to be transported, and said content differs from the description of what has been stated by you through the SHOPPINGBOX.mx platform and / or attached documents received by email, and in turn, this content corresponds to illegal, risky or non-transportable material; Your SUBMISSION may be stopped by the competent authority itself or, where appropriate, by our company, obliging in any of the cases, to pay us in full the cost of the contracted service, plus any extraordinary expenses that may arise. In the event that your SHIPMENT we have to stop it in any part of the route through which the SHIPMENT needs to be transported; Due to the circumstances already exposed in this clause, you under your responsibility and cost, undertake to pick it up in a term not exceeding FIVE days, otherwise, the 6th clause of this clause will apply, on our part, in any of these scenarios that arise, we are obliged to notify you of the status of your shipment within a period of no more than 24 hours, from the consummation of the incident, precisely to the address that you have indicated on the SHOPPINGBOX.mx platform and / or attached documents received by email.
SIXTEENTH.- In the case of robbery with violence or loss of goods with declared value where the damage has been partial and if your claim proceeds in accordance with the conditions agreed in this contract, the carrier and / or parcel company responsible for your SHIPPING will proceed to indemnify you against The resulting value, dividing the total declared value of your SHIPPING, by the total number of packages declared on the front of the corresponding guide or bill of lading, said resulting value, will be the maximum limit of responsibility that the transport company and / or or parcel responsible for its SHIPPING may assume per package once we have been credited with the due pre-existence of the items claimed, with the proper cost vouchers; If there is no declared value, the carrier and / or parcel company responsible for your SHIPPING will proceed according to what is stipulated in clauses 7th and 8th of this document, in the case of insured SHIPMENTS, which suffered any damage that can be repaired and that Under the conditions of the corresponding Bill of Lading, your compensation is applicable, our written authorization will be required, in order for you to proceed to repair said damaged goods, once we can verify the level of damage, having to previously submit three quotations of repair at the time of submitting your formal claim, any action you take to repair the damaged property, without prior written authorization on our part, we will disclaim any responsibility for any demand for payment.
SEVENTEENTH.- If you agree to acquire cardboard boxes from our company, which we have for public sale to contain your SHIPMENTS, it will be your responsibility to pack them and assume in the same way, the responsibility that their use entails, since these cardboard boxes do not guarantee the absolute or adequate protection of your SHIPMENT, we put them at your consideration in case you resolve or decide to adapt it as a means of protection for your SHIPMENT, without this being detrimental to our company or contravening the conditions of this contract. We will not be responsible for tips or financial support that you give to our staff, in order to pack your merchandise, if our company chooses to provide you with the packaging service for your merchandise, it is a service for which an additional cost will be charged. formally and you will be given a tax receipt for such service, only then will you have the right to claim any damage to your goods, if the packaging was not adequate or sufficient.
EIGHTEENTH.- In compliance with the Federal Law on Protection of Personal Data Held by Private Parties (the “LFPDPPP” or the “Law”), its Regulations (the “Regulations”), and the Guidelines of the Privacy Notice (the “Guidelines”) Among other provisions applicable and in force in Mexico, the following PRIVACY NOTICE (Simplified) INTENDED FOR CUSTOMERS AND EXCLUDERS is made available to the owner of personal data: As Owner, we inform you of the terms and conditions under which "SHOPPINGBOX" will carry out the processing of the personal data that you provide us and are under our control and scope of reasonable decision, as well as the form and means under which you can exercise your rights to privacy, informational self-determination and data protection, in adherence to the Law, the Regulations, the Guidelines and other applicable provisions. In the same way, we inform you that during the processing of the personal data that you provide us, we will establish the necessary measures to comply with the principles of legality, quality, consent, information, purpose, loyalty, proportionality and responsibility established by Law and the Regulation of the personal data that you provide us. The address of SHOPPINGBOX, for all purposes applicable to this Privacy Notice and other issues related to it, is located at Av. Lázaro Cárdenas #999, Monterrey, Nuevo León, C.P. 64780
The personal data that we collect is used only for the following purposes: (1) .- Primary Purposes or Necessary Purposes: These are those that give rise to or are necessary for the achievement of a potential or past legal relationship between you and SHOPPINGBOX, that is, to: (i) Carry out the contracting of services or acquisition of products that you require; (ii) Carry out the quotation of the various services and / or products that you require; (iii) Carry out the client's registration on the SHOPPINGBOX.mx platform; (iv) Deliver requirements in relation to our business needs; (v) Integrate your file as a SHOPPINGBOX client; (vi) Carry out the corresponding charges for the services and / or products provided and / or provided by SHOPPINGBOX; (vii) Identification purposes; and (viii) Prepare and / or modify contracts, agreements, commercial agreements and / or any other document in which the processing of your Personal Data is foreseen, necessary to give, generate, complete or terminate any commercial, legal or business with SHOPPINGBOX. (2) .- Secondary Purposes or Non-Necessary Purposes: These are those that do not serve the commercial, legal or business relationship, that is to say: (i) Evaluate the quality of the products and / or services exchanged; and (ii) Contact you personally, by phone or through email for marketing, advertising or commercial prospecting purposes. If you do not agree with the aforementioned purposes, we inform you that you will have a period of no more than (5) five calendar days counted from the date on which this Privacy Notice is made available to you to extend us your refusal via email to our Personal Data Office, whose details are provided below. For your safety, consult the complete content of this Privacy Notice at any of our facilities within our country or on our web portal https://goshoppingbox.com/ at any time whenever you wish.
NINETEENTH.- For the case of interpretation and fulfillment in this contract, the parties submit to the powers of the Federal Attorney for the Consumer IN THE ADMINISTRATIVE ROUTE and in case OF SUBSISTING THE DISPUTE to the jurisdiction of the Courts of the Common Jurisdiction of Monterrey, Nuevo León , expressly renouncing any other jurisdiction that may correspond to their present or future domicile.Read and explained that the content of this contract with the clauses that make it up was, the RECIPIENT agrees with it, adhering to the rights and obligations that of the It follows, to the legal consequences that may arise due to the celebration of the same, it is signed in the corresponding place voluntarily, without coercion of any kind.
Upgrade June 2021.
@shoppingboxca
@shoppingbox_ca
info@shoppingbox.ca