We use cookies to make your experience better. To comply with the new e-Privacy directive, we need to ask for your consent to set the cookies. Learn more.
Please read these General Purchase Conditions before using the website https://www.acerosyaventura.com/, as well as the services offered by GRUPO MARPASI S.L.
The use by the client of the services of the GRUPO MARPASI SL online store presupposes, in any case, adherence to the General Purchase Conditions in the version published by GRUPO MARPASI SL at the time of the purchase order.
Therefore, it is convenient for the customer to read these General Conditions before proceeding to make a purchase.
Identification of the service provider.
In compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the identification data of the owner of the online store accessible at https://www.acerosyaventura.com/ are:
Business name: GRUPO MARPASI S.L
Registered office: Calle Doctor Bonilla Nº20, 02003, Albacete, España.
C.I.F: B02512960
Registered in the Mercantile Registry of Albacete, Volume 904, Book 668, Folio 92, Section 8, Page 21881.
Description.
GRUPO MARPASI SL, through these General Purchase Conditions, offers its users and visitors the possibility of making an online purchase of the products in its catalog; in addition to establishing communication with the user.
GRUPO MARPASI SL may alter at any time and without prior notice, the design, presentation and / or configuration of the Website https://www.acerosyaventura.com/, as well as some or all of the services.
Acceptance of the particular conditions of purchase.
Access and use of the service https://www.acerosyaventura.com/ imply on the part of the Visitor and / or the Registered User the full and unreserved acceptance of all the conditions contained in these General Purchase Conditions.
These General Purchase Conditions apply to the sale of all items that GRUPO MARPASI SL sells through https://www.acerosyaventura.com/, exclusively aimed at an audience over 18 years of age.
GRUPO MARPASI SL reserves the right to cancel a client's access account if fraudulent, speculative or bad faith acts are detected in the use of this service.
Likewise, GRUPO MARPASI SL reserves in any case the unilateral right to modify these General Purchase Conditions applicable to its On-Line Store.
GRUPO MARPASI SL is not responsible for the misuse or damage caused by the items purchased, the buyer must follow the manufacturer's instructions and regulations according to the current legislation of their country.
The items listed here are sold to INDIVIDUALS, our articles are aimed at the national and international market. We can send the items to any country in the world.
Shipping and / or management costs are not included in the price and will be shown to the Customer before finalizing their purchase, depending on the shipping address of each order.
Shipments to European Union countries will be made by the company .
For shipments to other countries, these will be made through the company .
You will be notified when the shipment is made by any other company.
The period in which you will receive your order will be between 2 and 7 business days (Spain), except for the items indicated on the web (some artisan pieces) that may be longer. Shipping to other countries will take between 3 and 20 business days, depending on the country.
If the requested items are not available, the customer will be contacted within a maximum period of 3 days to offer a possible replacement of said items, or the refund of the amount.
Refunds of the amount paid will be made within a maximum period of 14 calendar days from your request.
GRUPO MARPASI SL is not responsible for any delay caused in transport by:
Incorrect or incomplete address.
Do not indicate a contact phone number.
Strikes by carriers or delays due to transportation agencies.
Adverse weather conditions
If the Client does not notice external breakages in the package when receiving it, but when opening it, he observes damage caused by transport, he must notify the transport company within 24 hours to record and contact GRUPO MARPASI SL. Otherwise, it will be understood that the Product has been accepted in accordance.
Once this period has passed, the transport company considers that the material sent is in perfect condition and is not responsible for any damage.
Shipping costs and Payment Methods will be the following:
Spain-Peninsula Portugal-Peninsula:
Free from 60 € (VAT not included / Payment by card or bank transfer).
6.5 € - Orders less than 60 € (Payment by card or bank transfer).
Balearics:
Free from 60 € (VAT not included / Payment by card or bank transfer).
7.5 € - Orders less than 60 € (Payment by card or bank transfer).
Andorra: (Payment by card or bank transfer).
Free from 60 € VAT not included
7 € - Orders less than 60 €
International Shipments up to 2 Kilos (Payment by card or bank transfer).
19 € - Spain-Canary Islands / Ceuta / Melilla
14 € - Germany and metropolitan France (Free from 80 € VAT not included)
19 € - United Kingdom (England, Scotland and Wales), Slovakia and Slovenia
15 € - Italy, Austria and Ireland (Free from 80 € VAT not included)
25.5 € - Belgium, Denmark, Holland, Hungary, Luxembourg, Poland, Czech Republic, Croatia, Romania, Greece, Latvia, Lithuania, Sweden, Canada, United States and Mexico.
31 € - Bulgaria, Estonia, Finlandia, Suiza, Turquía, América Central y América del Sur.
40 € - Australia, Nueva Zelanda, Gibraltar y resto de Europa (Armenia, Bielorrusia, Chipre, Groenlandia, Iceland, Israel, Malta, Russia, Serbia, Ukraine, Norway, Bosnia ...) Africa, Asia (China, South Korea, Philippines, Hong Kong, India, Indonesia, Japan, Malaysia, Thailand ...)
45 € - Serbia, Bosnia, Azores, Madeira, Isle of Man.
We can ship from an item.
It will be your duty to inform yourself if your country places restrictions on our articles..
TARIFFS AND TAXES. For orders sent outside the European Union, the Canary Islands, Ceuta and Melilla, taxes and duties are paid by the customer, according to the provisions in force in each country. These must be paid at the time of receiving the shipment. VAT will not be applied to these countries on the order. https://www.acerosyaventura.com/, will not be held responsible for delays caused by different customs.
PAYMENT METHODS
BANK TRANSFER or BANK INCOME
If you choose this modality, you can make the deposit in any of the following accounts in the name of Grupo Marpasi, S.L.:
Globalcaja………...: ES49 3190 0097 9440 0451 7316 BIC: BCOEESMM190
Banco Santander...: ES51 0049 5964 4126 9532 8184 BIC: BSCHESMM4
Once the amount of your order has been received, it will be shipped.
CREDIT OR DEBIT CARD (Visa, Mastercard...)
Payment by credit or debit card, through the bank's gateway Caja Rural de Albacete - Ruralvia. Once the payment is verified, we will proceed to send your order.
Payments made by credit or debit card have all the security mechanisms available. https://www.acerosyaventura.com/ do not have access to the data you provide on your card.
The Customer may modify an order as long as it has not been issued. If, for any reason, you want to make a modification regarding the confirmation sheet, you must notify it as soon as possible through the Contact Form with indication of the desired modifications. Any difference in amount between the original order and the modified one will be processed following the procedure corresponding to the chosen means of payment. The costs of return and new shipment will not be assumed by GRUPO MARPASI SL.
For its part, GRUPO MARPASI SL will not be able to substitute, without prior consultation with the Client, a product requested by the Client. If the case arises that for reasons beyond GRUPO MARPASI SL, the supply of the order is not possible, the Client will be offered the possibility of exchanging it for a substitute product with similar characteristics, giving the Client the right to cancel the order.
If the Client cancels a confirmed order when it has already left the facilities of GRUPO MARPASI SL towards the destination, or does not accept the package upon arrival, GRUPO MARPASI SL may demand payment of the transportation costs caused by the cancellation.
All returns of products that meet the following requirements will be accepted:
Products must keep intact its original seal. The return of the product without the seal will not be accepted, unless it is due to defects of origin, in which case the exchange will be made for other equal ones.
The customer will be responsible for the shipping costs in case of return, which must be paid directly to the transport company at the time of collection.
The item to be returned must be properly packaged for its return.
They will be causes of return:
That the product does not comply with the characteristics of the data sheet shown on our website. In this case, the amount of the product will be reimbursed except for shipping costs. This refund will be made to the means of payment used by the customer by refund.
That the product comes from defective origin. In this case, the exchange will be made for an equal one once the product to be returned has been received. GRUPO MARPASI SL will take care of the return and forwarding costs.
In accordance with Royal Legislative Decree 1/2007, Consolidated Text of the General Law for the Defense of Consumers and Users, GRUPO MARPASI SL recognizes the right of withdrawal of any purchase made in https://www.acerosyaventura.com/ within a period of 14 calendar days from the moment the Customer received the product. To do this, you could fill in the following form: Withdrawal form
The Client must return, without any undue delay, within 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The term will be considered fulfilled if he returns the goods before said term has expired, sending them:
A/At: Dpto. Devoluciones GRUPO MARPASI SL.
Polígono Industrial Campollano
4 Avenida nº 89, 02007, Albacete.
In relation to the withdrawal costs, this right cannot entail any cost for the user, beyond the fact that if the return is due purely to the right of withdrawal, and not to a lack of conformity of the product, the user must bear the cost. of the costs of returning the same. (Art. 108 of the Consolidated Text of the General Law for the Defense of Consumers and Users, TRLGDCU).
Therefore, the Customer must bear the direct cost of returning the goods..
In all cases, the products to be returned must be in perfect condition, in their original packaging and with the manuals, accessories or promotional gifts, where appropriate, included. If not, this withdrawal cannot be exercised. The returns department will verify that everything is correct and in perfect condition, giving authorization to the Administration Department and will notify the Client via email.
Products not subject to the right of withdrawal.
In accordance with article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws, it will not be possible to request the right of withdrawal in relation to:
The right of withdrawal will not be applicable to contracts that refer to :
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that may deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery”.
In accordance with Royal Legislative Decree 1/2007 of November 16, the warranty period for products is two years from delivery, although it does not include deficiencies caused by negligence, blows, improper use or improper handling, tension not suitable, incorrect installations, or materials that are worn down by use.
This guarantee is offered both by GRUPO MARPASI SL and by the manufacturers and, where appropriate, authorized distributors, of the product.
The guarantee offered by GRUPO MARPASI SL will be invalid under the following circumstances:
Shock and / or improper transport.
Tampering with any identification / control seal or label.
Normal wear and tear.
If you have any problem, please contact us to solve it through the Help Center.
The client is obliged to make lawful use of the Services, without contravening current legislation, or harming the rights and interests of third parties.
The client guarantees the veracity and accuracy of the data provided when filling in the contracting forms, avoiding causing damage to GRUPO MARPASI SL as a result of their incorrectness.
Likewise, it undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be received within the usual merchandise delivery hours (Monday to Friday from 09:00 to 14:00 and from 16:00 to 16:00). 00 to 19:00).
Failure to comply with any of these General Contracting Conditions may lead to the cancellation or cancellation of orders by GRUPO MARPASI SL without the need for prior notice to the client and without implying a right to any compensation.
In case the shipment is rejected by the customer, GRUPO MARPASI SL will not reimburse the amount of the shipping costs, being assumed by the customer.
We remind you that GRUPO MARPASI S.L. complies with current regulations on data protection, and in accordance with Organic Law 3/2018 of December 5 and by General Regulation EU 679/2016 on Data Protection, we inform you about the processing of personal data that we carry out.
Responsible for your data
The person responsible for the treatment of the data that you provide us as a result of the purchase of a product or when filling in a form is:
GRUPO MARPASI S.L.
Data processed
Depending on the products and services you want to enjoy at all times, we will need to process personal data such as:
Identifying data: your name and surname, contact address, email address, telephone.
Economic and transactional information data, such as your payment method data, information about your purchases, orders, returns, cancellations, among others.
Commercial and promotional information, if you have signed up for our communications system.
Data about your tastes and preferences.
In our forms you will find that we request necessary data, marked with an asterisk, that we need to be able to provide the service; If you do not provide us with such information, you may not be able to complete your registration or continue with the purchase process.
Purpose of processing your data
Depending on how you interact with us, we will treat your data for the following purposes:
Purpose |
Description |
User register |
In case you decide to register as a user, we will need to process your data to identify you as a user and give you access to the functionalities of our page. |
For the development and execution of the sale contract |
Manage the purchase process that you carry out on our page. Manage the payment of the products you buy, regardless of the payment method used. Manage possible returns once you have made the purchase. To carry out the billing and send it to you. Guarantee the use and access to gift cards, benefits, discounts and promotions. To process your orders and transfer them to the companies that manage our shipments. |
For Marketing purposes |
You can subscribe to the newsletter manually or when making a purchase on the platform. By accepting the purchase conditions, you automatically subscribe to the newsletter. We will process your data to manage your subscription, including sending personalized information about our products and services.. This treatment involves the analysis of your user / client profile, to determine what your preferences are and make specific offers and promotions for you. At any time you can unsubscribe from these communications, through the unsubscribe systems that are incorporated in each communication that we send you. |
Usability and quality analysis |
We will treat your browsing data for analytical and statistical purposes, so that we can improve our page and adapt it to the way our users access and navigate through it. |
For the fulfillment of our legal obligations |
We will process the data to comply with the obligations that correspond to us, such as tax obligations, consumption, attention to claims and rights management. |
Legitimation for the treatment of your data
The legal basis that allows us to process your personal data depends on the purpose:
Purpose |
Legitimizing base |
User register |
The basis that legitimizes the treatment is your initial consent at the time of user registration, being subsequently treated for the execution of the terms that regulate the use of our page. |
For the development and execution of the sale contract |
The basis that legitimizes the processing of your data is the execution of the contract of sale or provision of services that links us to you. In addition, we apply legitimate interest to carry out the necessary checks to prevent and detect fraud when a purchase is made on our page. |
For Marketing purposes |
The basis that legitimizes these treatments is your consent, which you can revoke at any time. To show you personalized information, we have a legitimate interest to perform profiling with the information you provide and collect about you (page navigation, preferences, purchase history). |
Usability and quality analysis |
The basis that legitimizes the treatment is the legitimate interest to analyze the usability and degree of user satisfaction when browsing our page. |
For the fulfillment of our legal obligations |
We will treat the data based on the legal obligations that correspond to us. |
How long we keep the data
The period of conservation of personal data is linked to the purpose of the treatment; For this reason, we provide you with the conservation periods that we apply:
Finalidad |
Conservation period |
User register |
During the time that you maintain your status as a user, and once you unsubscribe, for the limitation period set by current legislation. |
For the development and execution of the sale contract |
During the time necessary to manage your purchase, including the deadlines for returns, cancellations and withdrawal. |
For Marketing purposes |
We will process your data until you unsubscribe from communications and / or revoke your consent. |
Usability and quality analysis |
We will process your data until you delete the cookies from your computer. |
For the fulfillment of our legal obligations |
We will process the data during the prescription periods that current legislation establishes for each legal obligation that corresponds to us. |
Share the data
Unless the transfer of data to third companies is indicated in the form, GRUPO MARPASI S.L. informs you, expressly, that it will only communicate the data to those agencies and entities of the Public Administration with competence in the matter in accordance with current legal regulations, and for the fulfillment of the contract of sale we will have to provide your data to third companies for the following purposes:
Financial entities and issuers of credit / debit cards, for the management of collections and payments.
Fraud detection and prevention entities.
Suppliers and collaborators of transport services and product delivery.
Suppliers and collaborators of billing, accounting and tax management services.
International transfers
The personal data collected by GRUPO MARPASI SL can be transferred to, accessed from and / or stored in locations and servers outside the European Economic Area (countries of the European Union plus Liechtenstein, Iceland and Norway), and can be processed by resources and staff who operate outside the EEA and who work for us or for one of our service providers.
GRUPO MARPASI SL carries out this type of data transfer at all times following the highest policies and security and legal standards in force, always reviewed and approved by the EU Commission.
In order to provide the greatest security to your personal data, GRUPO MARPASI SL will always work with service providers who, if they do not belong to the European Economic Area, are located in a country, a territory, or one or more specific sectors of that country. or international organization that has been declared an adequate level of protection by the European Commission and has accepted conventions and standards such as the “Privacy Shield” (EU-US Privacy Shield) and, therefore, are obliged to protect your personal data in accordance with a series of protection standards and safeguards well defined by the European Union.
As some countries may not have laws governing the use and transfer of personal data, we take steps to ensure that third parties comply with the commitments set forth in this Policy. These steps may include reviewing the privacy and security standards of third parties and / or entering into appropriate contracts based on the template data protection standard contractual clauses adopted by the EU Commission.
If you wish to obtain more information about the guarantees used by GRUPO MARPASI SL to carry out international data transfers, you can contact us through Contact Form
Your rights
In accordance with current community regulations (EU Regulation 679/2016, of April 27) and Spanish (Organic Law 3/2018, of December 5) you have the possibility of exercising the following very personal rights, credibly proving your identity, either through electronic means or through written communication addressed to our Data Protection Delegate.
Your rights are the following:
Right to revoke your consent and ask us not to process your personal data for commercial purposes, or to send you communications via email, SMS messages and newsletters.
Right of access to the information that we have regarding your person, specifying the purposes of the treatment that we carry out and the communications that we have made to third administrations and companies, either because they are authorized by law or because they are necessary for the provision of the service that you have requested us, or by granting your prior consent.
Right to rectify your data, by which we will update and update the information and data that we have according to the information you provide us.
Right to the deletion of your data, once the legal retention periods established by the applicable regulations have been fulfilled.
Right to oppose us to carry out any data processing activity, through the revocation of your authorization / consent.
Right to limit the processing of your data, such as if you file a claim or want us to keep your data for a longer period, avoiding its deletion.
Right to the portability of your data, by which we will provide you in a common readable file format the data that you have provided us at the time of your registration as a user.
In addition, we inform you that you can always go to the Spanish Data Protection Control Authority (Spanish Data Protection Agency, www.agpd.es) to request their protection or file a claim in relation to the processing of personal data.
Exercise of rights
To exercise these rights, you can contact us through Contact Form, Indicating in your request your full name and the right you exercise, accompanied by a copy of your ID or equivalent document proving your identity.
You can also do so by sending us a letter, with a copy of your ID, to the following address:
GRUPO MARPASI SL
Polígono Industrial Campollano, 4 avenida nº 89, 02007 Albacete
Security of your data.
We have organizational and technical measures in place to protect your personal data from loss, misuse, unauthorized access or disclosure, alteration and / or destruction. Unfortunately, the security of any data transmission or storage system cannot be fully guaranteed. If you suspect that your interaction with us is no longer secure, please notify us immediately via Contact Form
The intellectual and industrial property rights over the works, trademarks, logos, and any other subject to protection, contained in the website correspond exclusively to GRUPO MARPASI S.L., unless they indicate different ownership.
The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of GRUPO MARPASI S.L. or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
Likewise, the information that the client can access through the website may be protected by industrial, intellectual or other property rights. The Company will not be responsible in any case and under no circumstances for the infringements of such rights that you may commit as a user and / or client.
All notifications, requirements, requests and other communications that must be made by the parties in relation to these General Purchase Conditions must be made in writing and it will be understood that they have been duly sent by ordinary mail to the address of the other party or their email.
Specifically in the case of GRUPO MARPASI SL., You must notify the postal address Polígono Industrial Campollano, 4 avenida nº89, 02007 Albacete, at the telephone number 967 592 490 or through Contact Form
If any clause included in these General Conditions of Purchase were declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, the rest of the General Conditions of Purchase. Consequently, the clause declared totally or partially null or ineffective will be considered as not put.
The purchases made in https://www.acerosyaventura.com/ are subject to Spanish legislation. In the event of any controversy that may arise from the interpretation of these general conditions of purchase and the possible actions derived from the purchase procedure, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the legal regulations applicable in matters of competent jurisdiction.
* Prices are valid except for typographical errors.
These Conditions of Carriage EXCLUDE GRUPO MARPASI S.L. and its employees or agents from LIABILITY in the event of loss, damage or delay in certain circumstances, LIMIT LIABILITY to those shipments for which liability is accepted and REQUIRE NOTIFICATION OF CLAIMS within strict time limits. The Sender should read these Conditions carefully and, where necessary, take out insurance coverage in order to protect its interests.
The international carriage of a Shipment by air shall be subject to the Montreal Convention or the Warsaw Convention, as applicable. International carriage of a Shipment by land shall be subject to the Convention on the Contract for the International Carriage of Goods by Road ("CMR"), as applicable. Shipments with domestic carriage (between specific locations within a single country) are subject to the laws of that country, these Conditions and any other applicable domestic carriage terms and conditions of the Grupo Marpasi or the applicable freight forwarder.
The Grupo Marpasi may modify or suspend the Services available from time to time. Such modification or suspension shall apply to Submissions submitted to Grupo Marpasi after the date of the modification or suspension.
Commercial Deliveries. Carrier will reattempt delivery automatically or upon request if: (a) no one is available at the Receiver's address to receive the Shipment; (b) Shipper has selected a Signature Delivery Option and there is no eligible Receiver to deliver the Shipment; or (c) Carrier determines that it can hold the Shipment. If commercial delivery has not occurred after two attempts or after being held for five Business Days after the first delivery attempt and, where applicable, passing customs clearance in a destination country, the Shipment will be considered an undeliverable Shipment.
Residential deliveries and B2C shipments. If residential delivery could not occur on a first attempt at the Receiver's address or a neighbor's address, the carrier may, at its sole discretion, reattempt delivery, hold the Shipment until it receives additional delivery instructions from the Shipper or the Receiver, or deliver to another location determined by the carrier. If residential delivery has not occurred after several attempts and the Receiver does not provide additional delivery instructions, or if the carrier is unable to deliver to another specified location, the Shipment may be deemed undeliverable.
Exclusions. This money-back guarantee shall not apply, and Grupo Marpasi shall not be obligated to make a refund or credit of the Transportation Charges, if:
The Shipment was delayed due to customs or other regulatory requirements.
The delay in delivery was caused by adherence to the freight forwarder's policies regarding payment of duties and taxes prior to customs clearance or delivery.
The shipment was sent to a P.O. Box address not acceptable for delivery.
The Shipment was delayed due to incorrect, incomplete or inaccurate Recipient information, or the unavailability or refusal of a suitable or eligible person to accept delivery or sign for delivery of the Package.
The Shipment was undeliverable (see clause 2 (Undeliverable Shipments) or was returned.
Failure to comply with any of the following conditions, including notification in the manner and within the time periods indicated, will result in denial of the Recipient's request for refund or credit; as a result, the Recipient will not be able to recover any compensation for a Service Failure:
Required Information. All Service Failure notifications must include the Recipient's customer number; the tracking number of the shipment; the date of Shipment and complete and accurate Recipient information.
Standard limitation of liability for transportation services. Unless the Recipient requests that a higher value for the transportation be declared and pays the required fee as described in clauses 5.3 and 5.4, Grupo Marpasi's liability for loss, damage or delay in connection with the provision of the Transportation Services is limited to the amount provided by the applicable Agreements. Unless the Recipient requests that a higher value for carriage be declared and pays the required fee as described in clauses 5.3 and 5.4, the forwarder shall also apply such limit to all claims arising out of the provision of the domestic carriage Services in the absence of mandatory or lower limits of liability under applicable national carriage laws.
Limitation of liability for other claims. If not governed by clause 4.1 (Standard Limitation of Liability for Transportation Services), Grupo Marpasi's liability for loss, damage, delay or any other claim in connection with the provision of Ancillary Services, or other breach of contract, is limited to €3.40/kg. In all cases, the maximum liability shall never exceed €10,000 per event or series of connected events.
Maximum liability: declared value for carriage. If the forwarder does not provide comprehensive and cargo liability insurance, the Consignee may request to pay an additional surcharge to indicate a Declared Value for carriage on the Waybill that is above the limits mentioned in clauses 5.1 and 5.2 above. If the Consignee chooses to do so, the following conditions apply:
The Declared Value for carriage represents the maximum liability of the Grupo Marpasi in relation to the Shipment and may not exceed the Declared Value for Customs indicated on the Waybill.
The Recipient assumes the risk of loss and damage in excess of the Declared Value for carriage.
A fee will be charged for each $100 (or fraction thereof) by which the Declared Value for carriage exceeds the applicable standard limitation of liability, as set forth above, up to the maximum amounts shown below.
Maximum Declared Value for customs and transportation is limited, may vary by location and is not available in all countries and territories.
No indemnity will be paid for losses related to Ancillary Services.
Grupo Marpasi assumes no liability for the following:
Subject to the additional limitations set forth in these Conditions, any damage in excess of the Declared Value for carriage (as limited in clause 5.3 [Maximum Liability: Declared Value for carriage]) or the limit of liability set forth in the relevant Convention or, in the case of Shipments from and between specific locations within the same country, in the mandatory local laws in force, whichever is greater, whether or not Grupo Marpasi knew or should have known that such damage might be incurred.
Special, incidental, consequential or indirect loss or damage, including costs for alternative transport
The Recipient assumes all exposure and risk for any loss, damage or delay beyond that expressly assumed by Grupo Marpasi in these Conditions. The Recipient shall purchase its own insurance if it so desires. Grupo Marpasi does not provide insurance coverage.
The Grupo Marpasi assumes no liability, nor will it make any adjustment, refund or credit of any kind for any loss, damage, delay, misdelivery, non-delivery, misinformation or lack of information, caused by or resulting from any of the following events (not an exhaustive list):
The act, omission or default of the Receiver or any other party with an interest in the Shipment.
Fines, penalties or other financial amounts imposed on the Recipient by any regulatory authority or third party.
Any event beyond the control of the carrier or Grupo Marpasi, including a pandemic or epidemic, air hazards, public enemies, public or regulatory authorities acting with apparent or actual authority, acts or omissions of customs officials, riots, strikes or anticipated strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person or entity, including acts of terrorism, natural disasters, interruption or failure of communication and information systems (including Grupo Marpasi or carrier systems), mechanical delay or conditions that present a danger to carrier personnel.
Compliance with verbal or written delivery instructions from the Recipient or persons claiming to represent the Recipient.
Failure of the transportation agency to provide a copy of the delivery record or a copy of the signature obtained on delivery.
Failure or delay by the forwarder to notify the Consignee or Shipper of any delay, loss or damage to a Shipment, incomplete, incorrect or inaccurate address of the Consignee or customs broker, incorrect, incomplete or missing documentation, or failure to pay duties and taxes required to complete a Shipment.
Except as expressly set forth in these Conditions, the Grupo Marpasi makes no warranties, either express or implied.
Grupo Marpasi will only accept the submission of claims related to a Shipment, other than for a Failure of transportation service, if the person submitting the claim complies with any applicable Agreement and the following procedure; otherwise, no claim may be submitted against Grupo Marpasi:
Notification of a Claim. All claims must be notified to Grupo Marpasi within the following deadlines:
Claims for damage (visible or concealed), delay (including claims for spoilage) or lack of contents, within 21 days after delivery of the Shipment. Receipt of the Shipment by the Receiver without such notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition.
All other claims, including claims for loss, non-delivery or misdelivery, within nine months of delivery of the shipment. All such claims must be reported at the time of delivery in the appropriate delivery record or by contacting Customer Service.
Required Information. All claim notifications must include the Recipient's complete information, as well as the tracking number of the shipment, the date of the Shipment. Within nine months of delivery of the Shipment, the claim must be fully documented by sending all relevant supporting documentation to Grupo Marpasi (e.g., purchase invoices or repair estimates). As a condition precedent to Grupo Marpasi's consideration of any claim for damage, the Recipient must make the contents, original shipping cartons and packaging available for inspection by Grupo Marpasi at Grupo Marpasi's premises until the claim is concluded.
Limitations. The Grupo Marpasi is not obligated to act on any claim until all Charges have been paid; the person making the claim cannot deduct the amount of the claim from those Charges. Only one claim may be made in connection with each Shipment. Acceptance of payment of a claim shall preclude any right to collect further damages or claim further compensation in connection with that Shipment.
Legal Actions. The right to claim damages for an action arising out of carriage shall be barred unless the claim is brought in an authorized court within two years from the actual date of delivery (in case of damage, shortage or delay) or from the expected date of delivery (in case of loss, non-delivery or misdelivery), or within any applicable statute of limitations, whichever is shorter.
Validate your login
Sign In
Create New Account