TERMS AND CONDITIONS
Revision date: August 19, 2019
The owner of the Website www.foundfactor.com and all its subdomains (hereinafter, the Website) is FOUNDFACTOR S.L.U, with CIF B88475793 and registered in the Mercantile Register of Madrid, Volume 39487, Folio 20, Section 8, Sheet 701071, Registration 1, with address at Callejón del Molar, 8, 28120, Algete, Madrid.
These Conditions of Use will apply both to the promotional activity and the provision of information carried out through the Website and to the provision of the services offered therein in any subdomain of www.foundfactor.com, in such a way that the They will govern at all times both for the simple navigation of the Website, and for contracting services within the framework of the Platform, although these latter activities additionally, will be subject to both these Conditions of Use, as well as the General contracting Conditions, and the Particular Conditions, which where appropriate, may already exist the Privacy and Cookies Policy of the Website. The access and use of the Website implies the acceptance by the Users of these Conditions of Use.
Users undertake to make diligent use of the Website, subject to the Law, good manners, these Conditions of Use and, where appropriate, any other code or policy established by FoundFactor for the Website. .
In the case of being a registered user, properly guard the “Password” provided, as identifying and enabling elements for access to the services, agreeing not to assign their use or allow access to them to third parties, assuming responsibility for the damages that could be derived from an improper use. Likewise, the User undertakes to inform FoundFactor, as quickly as possible, of its loss or theft as well as any risk of access to the "Password" by a third party.
Users are obliged to respect the applicable laws and the rights of third parties when using the contents of the Website. Likewise, Users must use the Website diligently, correctly and lawfully and, in particular, by way of example and not limitation, refrain from:
a) Use the Website for purposes or effects contrary to the law, morality and generally accepted good manners or public order;
b) Reproduce or copy, distribute, allow public access through any way of public communication, transform or modify any aspect of the Website;
c) Perform any act that may be considered a violation of any intellectual or industrial property rights belonging to FoundFactor or to third parties;
d) Use the information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or otherwise disclose such information;
e) Use false identities, or supplant the identity of others in the use of the Website or in the use of any of the services of the Website, including the use of passwords or access codes of third parties or any other shape.
Users of the Website must comply with these Conditions of Use and with the current legal system. FoundFactor owns the right to cancel or restrict access to the Website to certain Users, in case of observing any behavior that in the opinion of FoundFactor is contrary to these Conditions of Use, the Law, the rules established by FoundFactor or its collaborators or may disturb the proper functioning, image, credibility and/ or prestige of FoundFactor or its collaborators. Likewise, FoundFactor may demand responsibility from Users for damages arising from the misuse of the Website.
FoundFactor owns the right to disable access to those Users who improperly use the Website or FoundFactor communication channels.
1. For the contents provided by Users
If any of the contents, files, information, advertising, opinions, concepts and images hosted on the Website were contrary to law, morality, good faith and public order or contain any type of computer virus or similar software routine we will proceed to its withdrawal. FoundFactor is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website, nor are managed by FoundFactor. FoundFactor will not assume any responsibility, either Direct or indirect, derived from the misuse of the Website or its contents by the User assuming this, in any case, under its sole responsibility, the consequences, damages or actions that could derive from its access or use of the Website or the hosted content, as well as its reproduction or communication.
2. For the contents provided to Users through the Site
In any case, FoundFactor is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website, nor are managed by FoundFactor. FoundFactor is not responsible for the misuse of the contents of the Website, being the sole responsibility of the person who access or uses them.
3. For the content hosted on pages accessible from the Website
FoundFactor is not responsible for any of the content, files, information, advertising, opinions, concepts and images that are issued, published or distributed directly and indirectly through any interconnected website accessed through the Website through links, or any of the services that are linked or related to this interconnected Site.
Similarly, FoundFactor excludes its responsibility for the services, goods or products that can be acquired or contracted from third parties through an access on the FoundFactor Website, especially in those cases in which the purchase or contracting process is carried out directly in the website of the third party and although they appear distinctive or a "frame" with the graphic elements of the website (Branding).
4. For the operation of the Website
FoundFactor provides its services and contents on an ongoing basis using all the technical means at its disposal to perform the service satisfactorily.
FoundFactor may, when it deems appropriate, make corrections, improvements or modifications in the information contained in the Website, in the services, or in the contents without giving the right to any claim or compensation, or imply acknowledgment of any responsibility.
FoundFactor is not responsible for damages of any kind that may arise from the availability and technical continuity of the operation of the Website. In any case, FoundFactor will carry out all the necessary actions to restore its services in case of technical failure.
As a User you are the sole and exclusive responsible for your identification keys and access to the contents or services of the Website. This identification consists of the secret code or password and the name of the User.
FoundFactor is not responsible for the improper use of the access codes of the users for access to the contents or services of the Website that require them and for the consequences derived from any nature of the misuse by the users, their loss or forgetting, and its misuse by unauthorized third parties.
All the contents and, especially, designs, icons, software, photographs, models, illustrations, soundtracks, texts, logos, brands or any other signs susceptible to industrial and commercial use that make up the Website are subject to intellectual and industrial property rights and are owned by FoundFactor and/ or third-party owners thereof who have duly authorized their inclusion on the Website.
In no case shall it be understood that any license is granted or waiver, transfer, total or partial transfer of this rights is granted, nor is any right or expectation of right conferred, and especially of alteration, exploitation, reproduction, distribution or public communication and made available on said contents without the express prior authorization of FoundFactor or the corresponding owners.
FoundFactor reserves the right to modify, update or revise these Conditions for legal reasons, for technical reasons or for changes in the provision of the service or in the access to the contents or the Website, as well as making modifications that may derive from codes of conduct that are applicable or, where appropriate, by strategic corporate decisions, notifying Users through the Site
These Conditions of Use of the Website are governed by Spanish law.
Here are some concepts that are mentioned in the General Contracting Conditions of the FoundFactor services (hereinafter, the General Conditions or General Contracting Conditions):
Transportation Agency: FoundFactor collaborating partners.
Remote Areas: those locations with a population of less than 10,000 inhabitants registered, and those that regardless of the density of its population, are more than 50 kilometers from the headquarters of the nearest Transportation Agency.
Shipping: Departure of one or more packages, with pick-up at the same origin and whose delivery is made at the same destination, on the same date and time, and with the same Transportation Agency.
Shipping Label and Address Sheet: The documentation to be attached to the package/s.
Commercial Invoice or Pro-Forma/ Dispatch Authorization: The documentation to be attached to the package/s, only in the case of an export/ import outside the EU, in addition to services to the Canary Islands, Ceuta and Melilla.
• Pick-up Location: Refers to the address where the package/s must be collected by the Transportation Agency, for Drop-off services, refers to the point of convenience to which the sender must take the shipment to begin transit .
Place of Delivery: Refers to the address where the Transportation Agency must deliver the package/s, for Drop-off services, it refers to the point of convenience to which the recipient must go to receive the package/s.
Merchandise: Item transported.
Sender: Natural or legal person who delivers the Merchandise to the Transportation Agency at the time of collection for shipment.
Convenience points: points, usually shops or commercial premises, where the sender can deposit the merchandise and/ or where the recipient can pick up the merchandise.
Website: www.foundfactor.com and all its subdomains
Recipient: Natural or legal person that receives the Merchandise through a transport service contracted in FoundFactor.
User: Refers to any legal or natural person and entities without legal personality that contracts with FoundFactor, the collection and delivery of the merchandise, and that is responsible for the payment of all charges associated with the service, and therefore only the user may issue claims and inquiries related to the contracted service. These should be done using the email address support@foundfactor.com.
Registered User: Refers to any legal or natural person and entities without legal personality that are registered on the Website with an account associated with a company or entity and that are responsible for the management of the items and the start of the shipping process .
These General Conditions will expressly regulate the relations between FoundFactor S.L.U., with CIF B88475793 and registered in the Mercantile Register of Madrid, Volume 39487, Folio 20, Section 8, Sheet 701071, Registration 1, with address at Callejón del Molar, 8, 28120, Algete, Madrid (hereinafter, FoundFactor) and the User and / or the Registered User who hires or manages the contracting of the services offered through the Website.
These General Conditions have been prepared in accordance with the provisions of the current regulations governing the Information Services and electronic commerce as well as General Contract Conditions, and how many legal provisions are applicable.
The use and/ or contracting of any of the services of the Website, imply acceptance as a User, without reservations of any kind, of each and every one of the General Conditions, of the Conditions of Use of the Website, as well as of the Particular Conditions that may be applicable.
FoundFactor informs that the procedures for contracting the services provided are those described in these General Contracting Conditions, as well as those specific ones indicated on the screen during navigation, so that the User declares to know and accept the services conditions as necessary to access the services offered on the Website.
Any modification and/ or correction of the data provided by the Users during the navigation must be made according to the indications included in the Website.
a. Service provided by FoundFactor
FoundFactor is a logistics management software that acts as an intermediary between the Users and the Transportation Agencies. Through the Website, Registered Users and/ or Users will be able to report an item that can be sent as well as retrieve it, being able to select the shipping method and consul the prices that different Transportation Agencies offer for shipments and contract the Agency's service online that best suits Users needs.
The Registered User may use the platform to automate all the shipment process.
b. Pre-hiring information
The Registered User who use the Service to initiate a shipment must enter the shipping address information (including postal code or sender city, postal code or city of origin of the shipment, weight, length, width and height of the package to be sent) through the platform.
The User who wishes to use the Service to contract a shipment must enter the information of the shipping address (including postal code or city of destination of the shipment) through the recovery page that will be accessed through a unique, personal and not transferable link:
FoundFactor, received the previous information, compares the available rates according to the specifications provided by the User and returns a list of available transportation services.
For each service offered, FoundFactor will detail the User the main characteristics (such as transit time).
The User, after identifying the desired service, can contract it.
Before contracting the service, the user must read and expressly accept the general transportation conditions of the chosen Transportation Agency. The User must also accept these General Conditions and the Website Privacy Policy and declare that have read the list of Prohibited Items.
After entering all the above information, the User will be redirected to the payment page of our payment provider. The User must enter the details of his Credit or debit Card (number, expiration date [month and year] and security code) to formalize the payment. FoundFactor does not save credit/ debit card information in any case.
After payment, the User will display the confirmation of the purchase of the Service.
Once the above steps have been completed, FoundFactor sends the order confirmation by email to the address indicated above.
After purchasing the shipping service, the user should contact FoundFactor at all times using the email address with which the process began. FoundFactor cannot identify users who use email accounts other than those used when contracting the service. It must be taken into account that the date and time of delivery chosen by the Users are not guaranteed in all services.
c. Merchandise pick up
All services offered by FoundFactor include pick up in origin. The pick up will be made at the address informed in the tool or at the address indicated by the Registered User at the start of the shipment process.
Shipments to and from Remote Areas, both nationally and internationally, may be subject to delays and withdrawals/ termination of service. Users can find more information on this point in clause 14 "Disclaimer."
d. Merchandise Delivery
The delivery will be made at the address indicated by the User in the request or the Registered User at the start of the shipment process.
If the Shipment has not been delivered to the Recipient, the Transportation Agency may leave a notice to the Recipient so that he or she can reschedule the delivery and take the Merchandise to its warehouses. However, given that not all Transportation Agencies leave a notice, the User must access the Agency Website to see the follow-up of the Merchandise and notify the Recipient.
Depending on the service and/ or the Transportation Agency used for the Shipment, in the case of not being able to complete the delivery, a second delivery attempt may be made at the destination address (without additional cost to the User). In some countries, if the Recipient is not at home, the carrier may leave the Merchandise in another address, such as a neighbor's address or a point of convenience, as examples.
When the shipment at destination is refused or, for any other reason, the company that carries out the transport cannot deliver the Shipment, FoundFactor, as soon as possible, will notify the User of the circumstances that prevent the delivery. In this case, through the tracking of the shipment and when for technical reasons this is not possible through email. The User must answer in writing to FoundFactor, within a maximum period of two (2) business days, from the receipt of the communication, if he wants to recover the Shipment or if he prefers it to be sent to another destination. After the period of two (2) days without the User having communicated his decision to FoundFactor, the shipment will be treated in accordance with the provisions of the applicable legal norm depending on the nature and type of shipment. In any case, the User will be charged, in addition to the payment of the corresponding additional fee, the payment of the postage, expenses and costs incurred.
If the Merchandise is returned to the Sender or sent to another address at the request of the User, the User will have to pay to FoundFactor the costs derived from the new route.
All terms of delivery shown on the Website are indicative, and based on information from the Transportation Agency itself. It is convenient that before hiring the services offered on the Website, the conditions of the Transportation Agency that you intend to choose are reviewed. The delivery of the Merchandise can sometimes be delayed for reasons that are beyond the control of both FoundFactor and the Transportation Agency. All transit times are based on working hours/ days from Monday to Friday. In case of a holiday, either at origin, transit or destination, this day does not count as transit time.
In the parcel services and any other similar ones that imply the collection or distribution of shipments of merchandise consisting of a reduced number of packages (maximum 5 packages, maximum weight per package 30 kg) that can be easily handled by a person without other help that the machines or tools carried on board the used vehicle, loading and unloading operations will be borne by the Transportation Agency.
Shipments that require extraordinary or special means for loading and/ or unloading will be accepted for transport. In this case the User accepts that the delivery can be made at street level, or made available to the recipient in the warehouse of the transportation company closer to the adress, for at least 2 business days. FoundFactor will collaborate in the location of vehicles and special means for these deliveries if the User requires it, but in every case will be the User who must authorize the Additional Charge, FoundFactor will not mobilize any vehicle until the payment has been accepted.
FoundFactor does not support deliveries to a post office box or to a private home mailbox.
For the delivery and collection of Shipments, the conditions of each of the Transportation Agencies will apply. You can check these conditions on their respective websites. In addition, as indicated in section 3 (Contracting Process), the User confirms to accept them at the time of formalizing the shipment.
If there is a discrepancy between what is published on this Website and on the web pages of the Transportation Agency with respect to delivery and collection, the conditions of service of the Transportation Agency will always prevail, since they are based on the rates published in the Website, except for issues related to insurance coverage in which public conditions will always prevail on the FoundFactor Website.
FoundFactor will be responsible of organizing the collection and delivery of the Merchandise through the Transportation Agency chosen by the User at the time of contracting the order. FoundFactor does not make direct contact with the Merchandise, we are responsible of ordering/ managing the Shipment through one of the Transportation Agencies that collaborates with FoundFactor and of which it is a FoundFactor customer.
FoundFactor may respond to all claims/ queries that the User of the order wishes to submit, writing through the same e-mail account with which the service was contracted through the e-mail support@foundfactor.com.
Users will receive a response to the claim/ query by the same means. For more information, see clause 12 “Claims Management”.
The Transportation Agency and/ or FoundFactor have the right to refuse any Merchandise without limitation for certain reasons, such as for example, the absence of packaging, insufficient packaging, or if the Merchandise exceeds the dimensions and weight submitted when hiring the service, and if the nature of the Merchandise so requires.
All shipments must be properly packaged and properly protected for transport, respecting the rules of packaging, taking into account the contents thereof, and ensuring that it does not cause damage to the equipment or personnel that transports it.
The Registered User is responsible for ensuring that the packaging is suitable for the transport of the Merchandise. Complaints about the Merchandise that do not conform to the packaging regulations will not be accepted, both from the website and from the chosen transportation company itself. Items that are not delivered in a box or that are not properly packaged, are excluded from the services offered by FoundFactor and could be subject to delays, returns and be retained. In these cases FoundFactor will not refund any amount, and the registered User will have to bear the expenses generated by the transport until the time of the cancellation of the order, "Pickup Failed" or return of the merchandise at origin. In addition, the Registered User will be responsible for the damages caused by his Merchandise to other Shipments during transit, if it is as a result of insufficient or inadequate packaging.
The sender must ensure that he delivers the Merchandise to the contracted courier (the Transportation Agency chosen when ordering); In the event that the Shipment Sender does not match the User or the Registered User, he will be responsible for informing the Sender of which company will withdraw the merchandise. The absence of this communication does not imply any FoundFactor responsibility.
All Shipments must be properly labeled, and all Shipping Labels, Address Sheets and Commercial Invoices (if needed) must be attached so that they do not detach, and located on the larger flat surface of each package/ merchandise to facilitate visibility You must also ensure that when sending multiple packages in the same order, the Shipping Labels and Address Sheets should be attached properly.
If the Sender has not labeled properly the packages of the order, the courier from the Transportation Agency may refuse to pick up the order. Neither FoundFactor nor the Transportation Agency will be liable, in any case, for any delay in delivery, non-delivery or non-delivery resulting from or caused by poor or ambiguous labeling or any other failure in the labeling by the Sender. It should be considered that the Goods without Shipping Label and Address Sheet cannot be resent for free. If a Shipment had to be returned for this reason, it will not be entitled to the return of the contracted transport price; and the corresponding charges will be passed on to the Registered User (see clause 9 “Additional Service Charges”).
All data provided by both the User and the Registered User (including by electronic means) in relation to the request and contracting, labeling, transport or billing of the Shipment must be exact, complete, sufficient and coincident with those provided in the contracting. These data include, but are not limited to, the weight and dimensions of the package, the contents of the package, and the following information of the Recipient: full name, full address including zip code, telephone number (always in the country of destination ) and email address. It is not the courier’s responsibility to verify this information.
The Registered User agrees to correctly declare the content and its value.
The User understands that the declaration of value without contracting Additional Insurance Coverage does not entitle compensation for loss or damage, since this “value” field is merely informative for customs, statistics, etc.
In the event that the User or the Registered User has not provided all the necessary data, the courier of the Transportation Agency may refuse to make the collection and/ or delivery and will be charged to the User and/ or Registered User the expenses that could take place
The Merchandise must comply with all legal obligations and regulations on the transport of goods by road, sea and air. Any administrative sanction that could derive for the breach of this point or if the merchandise were considered illegal, either in the country of origin, transit or destination, will be passed to the User and/ or Registered User.
The expenses that the User must assume include but are not limited to: transportation charges, surcharges (including, but not limited to, emergency, operational and fuel surcharges), storage costs, VAT, taxes, interest, fines, administration expenses, customs duties, insurance premiums and any other costs attributable to the User by FoundFactor in relation to transportation or required by the regulatory organizations in relation to the Shipping and any other amount accrued under these Terms and Conditions.
The user will be responsible for tracking the shipment, and contacting FoundFactor through the contact email (support@foundfactor.com) to manage any delay, incident or absence of updated information.
The User undertakes to collaborate with FoundFactor and the Transportation Agency in the resolution of incidents within the deadlines set in the operation of the contracted service, as a general rule but not limited, within two business days.
The User must provide FoundFactor with the necessary information for the management of deliveries, location of goods, as well as any other that is necessary for a correct service termination.
It is the responsibility of FoundFactor to inform the recipients of Third Countries of the costs of clearance and customs taxes that must be borne by the delivery of the goods, in order to avoid incidents , deposits or customs abandonments. The User accepts that in case the recipient does not pay the taxes, they will be charged to his account through the same form of payment that was used contracting the service.
The User must provide the necessary documentation for the processing of claims (breakages, theft, loss, accidents, etc.) within the deadlines set forth in section 12 "Claims Management".
The User must make all inquiries/ claims through FoundFactor, who will subsequently make the necessary arrangements with the Transportation Agency on behalf of the User. If the User directly contacts the Transportation Agency, it is likely to be more complicated to manage the incident later. FoundFactor is not responsible, in any case, for the steps taken by the User with the Transportation Agency.
The User accepts that, in the case of not complying with the conditions of this section, with the rest of the obligations established in these General Conditions and the conditions of the chosen Transportation Agency, FoundFactor and the Transportation Agency will be exempt from any responsibility about any expense, cost, loss or damage that could be caused. Likewise, in this case, the User would assume the subsequent responsibility for any damage, expense or damage that could be caused by non-compliance with the conditions of this section, both to FoundFactor and the Transportation Agency.
Items on the Prohibited Items list cannot be sent through any of the FoundFactor services. It must also be considered that, in the case of exports, the goods to be transported are admitted by the customs offices of destination.
It is the responsibility of the User and Registered User to verify that the Merchandise is not included in the Prohibited Items lists.
Merchandise belonging to the Prohibited Items list may not be picked up, or may be delayed, returned or confiscated by customs authorities. In the event that, without the knowledge of the Transportation Agency and/ or FoundFactor, the shipment of any Prohibited Article is carried out, no refund of the expenses of the Shipping of Prohibited Items will be made and no claim for delays in deliveries or pick-ups or by any other type. If the Transportation Agency picked up any Merchandise belonging to the Prohibited Items list, the User would have to assume a possible surcharge and the return of the Merchandise, without the possibility of claiming included or additional coverage.
Keep in mind that FoundFactor has an automated system to formalize Shipment requests, so FoundFactor staff cannot control what is being sent. It is the User's responsibility to know the Conditions of the chosen Transportation Agencies or to make an inquiry through the contact email support@foundfactor.com to ensure that the Merchandise will be accepted.
In the event that an item is damaged, to the extent that it cannot be transported, the Transportation Agency may also retain it to be picked up by the User. If the merchandise could not be retained for safety or health reasons, the Transportation Agency may decide to destroy it without prior notice.
In transport services where is required to make a collection or delivery of merchandise in countries outside Spain, the responsibility of FoundFactor shall be governed by the provisions of the international conventions that are applicable at all times.
In the case where the Registered User have to sign and attach some type of documentation to the Shipment, will be informed of it. This documentation must accompany the Merchandise, otherwise the Shipment may be delayed or the Transportation Agency may invoice a surcharge that FoundFactor would have to pass on to the User/ Registered User.
For Shipments that require a delivery outside the European Union, the user accepts that they will exclusively be definitive exports, the service does not include temporary exports (returns, transfer of company goods etc.).
It will be necessary to attach a Commercial Invoice or Pro-Forma (if the Merchandise has no commercial value) in Spanish and English. In it, the Registered User must make an accurate description of the item to be exported, as well as cite the reason for the export. If the customs authorities find that the description does not correspond to the item shipped or any specified statement is not true (example: it has been stated that it is a gift when it is actually a purchase) a surcharge could apply or the Shipping could be returned, confiscated or destroyed. The Registered User must ensure that the data of The invoice is written correctly. It is necessary to deliver several copies of the Commercial Invoice or Pro-Forma to the Transportation Agency that makes the collection. The number of copies required will be specified at the time of ordering.
In some cases the Registered User, in addition, must attach to the shipment the original document of Customs Clearance Authorization correctly completed and signed. This document will be made available to the Registered User at the time of confirmation of the contracted service. In the event that this document has not been properly attached to the shipment, customs clearance is not guaranteed.
If the amount that the User has declared as value of the content is incorrect, FoundFactor will not be responsible for any charges that may be applied or derived. Shipments whose value exceeds five thousand five hundred (€ 5,500.00) Euros could suffer some delay, since they require more procedures for their dispatch. FoundFactor does not advise sending shipments whose value exceeds the maximum value of the additional compensation that can be contracted.
In FoundFactor, the User contracts and makes the payment only for the cost of collection, transit and delivery of the Merchandise. FoundFactor has no control over the fees or taxes that may arise in each country regarding to Shipping. The User has the responsibility to find out if there are taxes, charges or customs taxes once the Shipment arrives in the country of destination. The best way to find out is to consult the embassy or consulate of the country of destination. FoundFactor offers advice in this regard, but only as guidance. FoundFactor has neither authority nor power to indicate exactly the requirements and applicable rates. The Recipient of the shipment must take care of all customs taxes and fees imposed by the customs authority of the country of destination. If this is not the case, when FoundFactor becomes aware of unpaid charges, will charge the User all customs taxes, fees or other charges that have not been paid by the Recipient. The User will be responsible for paying all these charges and taxes if the Recipient refuses to pay them. Many countries will apply a surcharge for the destruction/ abandonment of the Merchandise if these taxes were not paid. the User will also be responsible for this charges.
This policy also applies to imports, where the Recipient is responsible for paying all customs taxes, duties and other charges that may arise. In addition, in the case of imports, the Transportation Agency will inform the User, once the dispatch has been made, of the costs of lifting merchandise in the national territory, amount that must be paid at the time of delivery. In the event that the User does not satisfy this payment within a maximum period of two working days from the communication thereof, FoundFactor owns the right to abandon the merchandise in the Customs Office of Spain. This would imply possible administrative penalties for the importer (in this case the User) for which FoundFactor is not responsible.
If the merchandise should be returned from outside the country of origin, it will be carried out by applying the import rate corresponding to the Shipment. Import tariffs are not always public and are usually up to 30% more expensive than export. This is likely to be higher than the price paid for the export of the Merchandise. The User who hired the Shipment is responsible for assuming this charge.
Additional Charges do not depend on FoundFactor but on the Transportation Agencies that Clients hire and the vehicle used by such Transportation Agencies. For this reason, FoundFactor cannot set the exact amounts of Additional Charges.
The Registered User/ User accepts that FoundFactor is authorized to charge and collect the surcharges automatically by the same payment method used at the time of contracting the service. If it is not possible to carry out the charge with the original payment method, FoundFactor will use all possible actions, including legal means, to collect the pending charges by the User.
a. Weight/ Volume declared discordance
It is mandatory for the Registered User to enter the correct weight and dimensions of each package. All packages/ merchandise are scanned several times by the Transportation Agency.
If the Shipment has a weight or volume greater than the one declared, it could be retained, suffer delays in transit and/ or delivery, or be returned to origin. FoundFactor will charge the Registered User account and the Registered User will receive a communication via email about this charge. This type of charges will be applied based on FoundFactor public rates, without discounts or promotions.
These charges will be generated whent the carrier reports the real values, within a maximum period of 1 year from the hiring of the service.
b. Failed Pickup
If the Merchandise is not ready for pick-up at the agreed time and place, a surcharge will be charged for "Failed Pick-up". This surcharge has a minimum cost of € 2.00 and a maximum of € 15.00 plus VAT, depending on the vehicle used for the collection management and the transport agency hired. Additional Charges may be derived when failed pick-ups or delays in collection occur for reasons attributable to the Registered User or the Recipient and that were not covered/ included in the contracted service.
c. Address Changes
Change of address is understood as any change in the pick-up or delivery address. This charge may even occur due to lack of data in the documented address. This surcharge has a cost of a minimum of € 2.00 and a maximum of € 15.00 plus VAT, depending on the vehicle used for collection management and the Transportation Agency.
When the delivery must be made in a different postal code, even within the same town, it would be a re-shipment and not a change of address, so the cost in this case would be the same as the original shipment.
d. Additional Deliveries
When the Transportation Agency has pent the expected delivery attempts by type of service and according to its operating conditions (in most cases a first attempt and another, more free attempt is done), any additional delivery attempt entails a charge that can range between a minimum of 2.00 and a maximum of € 5.00 + VAT, depending on the vehicle used for delivery management and the Transportation Agency.
The types of payment accepted on the Website are:
Credit or debit card: Visa, MasterCard and American Express.
Sometimes FoundFactor sends Discount Coupons to users by email. If you have a coupon, to obtain a discount, the User must enter the coupon number when ordering. No more than one discount coupon may be used in the same Shipment. Once expired, discount coupons cannot be exchanged on the Website, nor will it be possible to exchange it for another with a new expiration date. Discount coupons will never be exchanged for money.
a. Maximum FoundFactor Responsibility
The maximum responsibility of FoundFactor shall be governed by the provisions of national and international legislation that may be applicable to freight transport services offered by FoundFactor
At present, this legislation is as follows:
National land transport: Law 15/2009 and its developed regulations.
International land transport: Agreement relating to the contract for the international transport of goods by road (CMR), made in Geneva on May 19, 1956.
National rail transport: Law 15/2009 and its developed regulations.
International rail transport: International Convention relating to international rail transport, made in Geneva on May 9, 1980.
National air transport: Air Navigation Act of 1960 and Commercial Code.
International air transport: International Convention for the Unification of certain rules for air transport, made in Montreal on May 28, 1999
National maritime transport: Law of December 22, 1949. International maritime transport: International Convention for the Unification of certain rules regarding the Bill of Lading, of August 25, 1924; Brussels Convention of 1924 Hague-Visby Protocol 1968; Brussels Protocol 1979.
Law 43/2010 of December 30, on the universal postal service, user rights and the postal market.
b. Types and terms of claim for Damages or Losses
FoundFactor will not be able to identify the User if he submits the claim from an email account other than the one detailed during the User registration or the shipping contract process, however the User can grant access to the claim to third parties provided with Affidavit granting the authorization.
In case of having to make a claim, the User must make it through the email support@foundfactor.com.
All claims for losses, hidden or non-apparent damages in the Merchandise must be initiated within the deadlines set below, which will be counted from the day following the delivery to the Place of Destination:
National land transport: 7 days
International land transport: 7 days
Air transport National eo: 10 days
International air transport: 14 days
National maritime transport: 24 hours
International shipping: 3 days
When the loss or damage to the Merchandise is manifest, the Recipient must express his disagreement at the same time of delivery, stating this disagreement on the delivery note, waybill or PDA (Tablet) of the carrier. The Recipient must write on the delivery note that has received "With Damages". If the delivery receipt appears as delivered without any observations in disagreement, your claim for apparent damages cannot be satisfactorily addressed.
In any case, if the User decides to claim, it must be ensured that the Recipient keeps the Merchandise and its packaging available for expert opinion, unless otherwise provided by FoundFactor. Merchandise must be available for inspection in the state in which it was delivered, and at the address where it was delivered. If the item has been tampered, repaired or if the packaging has not been retained, the claim will be rejected.
In case of delay, written reservations must be made within twenty-one (21) days from the day following the delivery of the Shipment to the Recipient.
Claims made outside of the aforementioned deadlines or when the obligations imposed by this contract have not been previously fulfilled by the Sender will not be accepted.
In case of total loss, the claim will only begin to be processed once the Transportation Agency has made an intense search in its warehouses and has classified the Merchandise as “loss”. This process of search and declaration of loss by the transport company usually lasts up to a maximum of thirty (30) days from the date scheduled for delivery. The User agrees to collaborate in the location work by providing as much information as required.
After the active search of the shipment would pass to passive search. If the shipment is located later, the User would be informed and delivery instructions would be requested.
To process any claim file, the User must follow the Communication Channels and always from the email account that was entered as the ordering party.
FoundFactor once the claim is received will request the documentation proving the damage or loss. Essential requirements to open a claim:
Claim Form (after receiving the claim the Customer Service Department will give access to the User)
Transportation agency Delivery note signed by the courier (except in exceptional cases).
Commercial invoice (purchase / sale) of the transported merchandise, or purchase ticket. This should always reflect the coincident data between the sender and the recipient, when the payer is not the sender of the merchandise, the payer must submit a written statement describing the relationship between the three parties.
In addition in case of breakage, images of the merchandise and the outer and inner packaging as well as the contents and the obvious damages (carcass breaks for example). upon receipt:
Photo of the merchandise damaged in its entirety: the photo must show the damage in its entirety and not just a detail. If the damage is not noticeable in a general take, it will be necessary to add one more image of the article where it is shown. If more than one damaged item is found, take the picture by grouping all the items in a single image.
Photo of the outer packaging, including the the transportation company label: the photo must show that the shipment has been made with the transportation company and that the claim corresponds to the contracted shipment. The photo should be taken at a distance where the shipping label is visible.
Photo of the merchandise with inner packaging: the photo must show that the packaging used has protected the contents during transport. Image of the damaged merchandise placed inside the packaging, as it originally arrived at the recipient.
Damage repair budget, if applicable.
Delivery note with recipient's reviews in case of damage.
In the absence of any document mentioned above, the file will be incomplete and therefore the claim cannot be processed.
In relation to claims, the following points should be considered:
Payment or collection confirmation will never be considered as invoice or evidence of the value of the merchandise.
When a damaged item cannot be repaired, the User must prove it by submitting a document written by a specialist technician.
The User who submits a claim assumes from that moment his responsibility with the insurance company and the arbitration boards, so that any Attempted fraud or documentary falsehood will be entirely and exclusively the responsibility of the User for all legal and administrative purposes.
It must be considered that FoundFactor may need a maximum of 7 days to review the details of the claim before contacting the User and offering a written response.
Once the claim is in process, the deadlines for submitting documentation will be as follows:
Losses: 1 year from the date of collection of the merchandise.
Lack of content: Images 2 months from the date of delivery of the merchandise. Other documents 1 year from the date of collection.
Damage: Images 2 months from the date of delivery of the merchandise. Other documents 1 year from the date of collection.
The term of resolution of a claim for loss or damage is 90 days. The deadline will begin when the file is complete and transferred to the Insurer.
Liquidation letter will be issued as compensation for merchandise and payment of the freight, requesting the User the bank details.
Compensation for merchandise is not subject to VAT, in accordance with the provisions of Law 37/1992 of VAT art. 78.31º. The payment will be made by bank transfer.
The payment of the postage will be made, VAT included. Payment will be made through the same means of payment used during the contracting of the service.
If the merchandise were recovered after the liquidation has been paid to the User, the User is obliged to return the amount corresponding to the compensation for merchandise in favor of FOUNDFACTOR, S.L.U. through bank transfer in the bank account that the FoundFactor designates.
Claims for the delivery of a Merchandise will not be accepted if the User/ Registered User had canceled the order, requested stoppage or return of the merchandise, once delivered to the Transportation Agency, since it cannot be guaranteed that it will be returned to its origin a Merchandise once it has begun its transit. However, FoundFactor will do its best to cancel the delivery, if the User/ Registered User requests it.
c. Coverages
The insurance coverage is applicable exclusively in case of loss, evident damages reflected in delivery note, and non-apparent damages, after the expert opinion determine that damages have been caused during the transport of the merchandise.
i. Coverage: Merchandise Insurance (Loss/ Damage)
All services include the coverage expressed in point 12.a Maximum FoundFactor Responsibility, except those whose content is included in point 7. Prohibited and/ or Restricted Items, which travel under User's own risk. In all cases to formulate the claim it is essential that the user complies with point 12.b Types and terms of claim for Damages or Losses.
If the User wants additional coverage (insured risk) on the total value of the Merchandise, up to a maximum of 2,500 euros, he must specify it in the contracting process.
When the User contract additional coverage, it refers to the Shipment hired, regardless of the number of packages included in that Shipment. In case of an accident, this will be the maximum coverage claimed under documentary justification of the value. The User is responsible for indicating the insured amount, which must be evidenced with invoices of the merchandise, in case of claim. The insurance company may benefit from underinsurance in case the claimant has not contracted the real value of the merchandise as an insured value, applying the following rule in accordance with Law 50/1980, of October 8, on the Insurance Contract and its developed regulations:
Example:
Lost Merchandise
Insured Amount: € 250
Loss Value: € 341.14
Real Amount of the Merchandise: € 341.14
Percentage to be applied on Insured value; 73.28%
Compensation amount: € 183.21
Damaged Merchandise
Insured Amount: € 300
Damage Amount: € 250
Real Amount of the Merchandise: € 600
Compensation amount: € 125 (Insured Amount x amount of damages / Real Amount of Merchandise)
The additional coverage excludes damages and/ or losses on used goods, meaning that any merchandise with an invoice date of more than 60 days, unless additional second-hand insurance is contracted as expressed in point 12.c.ii.
In the cases in which the client contracts coverage, for shipments of more than one package, it must be considered that the insurer will calculate the average value per package, this means that in the event that an expedition of 2 packages insured for € 1000.00, the customer assumes that the maximum compensation per package is € 500.
The coverage will be effective for all contracted services, as long as the transported merchandise is not in the List of Prohibited or Restricted Items, nor the damages were caused by insufficient packaging, in which case, the User accepts at the time of hiring, that the merchandise travel without any insurance coverage.
The insurance coverage requires in all cases of obvious damage, that there is annotation of them on the delivery note/ PDA, in case the recipient does not contemplate them at the time of receipt, the User disclaims liability to the Carrier and FoundFactor. In case of hidden damage its required that the customer claims within 7 days from the day of delivery.
The coverage will only take effect if the User is up to date with the payment of all services or additional charges, in case there are amounts pending settlement at the time of the claim, FoundFactor will respond exclusively with the limits marked according to traffic.
ii. Second-hand Additional Insurance Coverage
Users who are sending second-hand merchandise, understood as any merchandise with an invoice date of more than 60 days, may contract a coverage of up to € 500, and will choose the “Second Hand” option during the contracting process. The Insurer will require in all cases Affidavit of Value and Proof of Value to accept compensation.
iii. Items without insurance coverage
The items included in the list of items without insurance coverage, without its transportation being strictly prohibited, are not covered by any insurance, nor the coverage established in national or international transport laws, nor by our free insurance included in the price of shipping, nor can they be insured with additional coverage.
iv. Packaging used
The Registered User is responsible for ensuring that the packaging is suitable for the transport of the Merchandise. Complaints about Merchandise that do not conform to the Packaging Guidelines will not be accepted
All cancellation requests will be managed in accordance with our Cancellation Policy.
If the User decides to cancel the order, after making the payment of the service, must contact FoundFactor and communicate it from the same e-mail address used at the time of contracting it.
FoundFactor, may cancel at any time and without prior notice any service contracted by Users included in the "Denied Party" list published by the European Commission (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm).
In all cases, the Customer Service Department will inform the User of the cancellation of the order.
When the request for cancellation of the Shipment occurs before the Transport Agency has initiated the displacement for the collection of the Merchandise, the User will not have to pay FoundFactor any type of compensation, and the price of the transport hired will be reinstated within ten (10) business days from the date of receipt of the cancellation.
When the request for cancellation of the Shipment occurs after the Transportation Agency has collected the Merchandise at the Pick-up Place, but before the actual delivery of the Merchandise has been made at the Destination Place, FoundFactor cannot guarantee the stoppage and return of the shipment in any case, the User will not be entitled to the refund of the contracted transport price and will have to pay in advance to FoundFactor the costs corresponding to the transfer of the returned Goods to the Pick-up Place or to the address indicated by the User.
In no case the User is allowed to cancel the Shipment after the delivery of the Merchandise at the Place of Destination. Cancellations requested by duplicate order are always free; understood by duplicity of orders, those that are paid, and whose origin and destination data are the same as the order that requires cancellation.
Service delays may occur due to the following reasons:
War, civil war, invasion, act of foreign enemy, hostilities (whether declared or not war), rebellion, revolution, insurrection or usurpation of power, looting, pillage.
Ionizing radiation or radioactivity contamination, Radioactive, toxic, explosive, or other dangerous properties of any explosive nuclear component, and/ or pressure waves caused by airplanes and other aerial devices traveling at sonic or supersonic speeds.
Strikes, demonstrations, Provincial celebrations, Regional or National events in the area of collection, transit or delivery.
Natural disasters, and adverse weather conditions, which prevent the proper circulation of vehicles entrusted to the transport of the goods.
The absence, insufficiency or incorrect packaging of the merchandise.
Lack of information for the delivery or collection.
Shipments to and from Remote Areas, both nationally and internationally.
Shipments contracted with a weight or measures lower than weight or measures.
Delays in services produced by any of the detailed points may not be subject to claim, compensation or refund.
FoundFactor may, at any time and without prior notice, restrict the access of the Registered User/ User to FoundFactor and/ or refuse to correspond with the User, when:
The User is included in the Denied Party list published by the European Commission. (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm)
There is a regulatory or legal change that limits the ability of FoundFactor to provide access to FoundFactor;
There is an event outside the control of FoundFactor that prevents access to FoundFactor (for example, and not limited to technical difficulties, capacity problems and communication problems);
The Registered User/ User is abusing FoundFactor or its action is contrary to the General Conditions set forth herein;
The User is breaking any of the rules established in the Conditions of Use of the Website and/ or the Particular Conditions that may be included.
In all matters not provided in these General Conditions, the provisions of national and international legislation applicable to freight transport services offered by FoundFactor will be followed.
This contract will be governed by Spanish law, which will be applicable in what is not provided in this contract in terms of interpretation, validity and execution. The parties submit to the Courts and Tribunals of Madrid. As an exception to the foregoing, the parties submit to the Arbitration Boards of Transportation that are competent in accordance with Spanish law, to resolve disputes whose amount does not exceed € 15,000, when such disputes bring are caused by ground transportation services.
If any clause of these General Conditions could be not applicable according to the law, the enforceability of any other part or clause of these General Conditions will not be affected.