Conditions of service

Conditions for the provision of warehousing, reception and order preparation services

Celeritas is committed to having suitable and required means for the provision of logistics services. To this end:
They will maintain the facilities where the products are kept in the optimal state for providing a good service and to preserve the products, so that they remain in the state in which they were received, as well as to having the product insured against any possible risks that they might suffer.
They will store the products that are entrusted to them for that purpose.
They will return or dispose of any products that are damaged, according to the customers exact instructions, and in the manner requested by the customer.
They will act with due care in the handling of the products.
They will check as carefully as possible, on reception of all the products, whether there is any discernible damage to them.
They will get, and keep up to date, any licenses that are required, at any time, for the provision of the services agreed under the contract.
They will set up, together with the client, the IT processes needed to properly carry out the activity.

Conditions for the provision of transport services

Delivery of shipments

Delivery of shipments will be to the address given by the sender or to the chosen Punto Celeritas. If the consignee is absent or because of its weight, size or the nature of the building, a normal person cannot carry out the delivery, then, and with advance notice, it will be delivered at the street entrance or at the delivering agency. If the consignee is absent, a notice will be left of the attempted delivery, together with information on how to arrange it. The cost for second and successive deliveries will be set out in the current price list.
Failure to deliver within the deadline for delivery which is caused by the absence of the addressee, change of address, unknown address, lack of a name or contact details for private addresses, non-payment of cash on delivery, force majeure, unforeseeable circumstances or other reasons not attributable to Celeritas will not be considered a failure to comply with the delivery deadline.
The signing of the delivery receipt by the consignee is a necessary requirement for delivering the shipment. Should the consignee refuse to sign the delivery note, Celeritas will be absolved of all responsibility.

Packaging

Celeritas reserves the right at any time to decide whether to accept a shipment, if its content seems irregular, due to the unusual circumstances of the order or if the packaging of the goods is damaged or inadequate.

Responsibility during transport

Unless explicitly agreed otherwise between the contracting parties, Celeritas’ maximum liability for loss, misplacing, damage, pilfering or theft of the goods shall be set in compliance with the liability required by the “Ley de Ordenación de los Transportes Terrestres” (Land Transport Management Law) 15/2009 (LOTT).

International shipments

All goods to be sent abroad are subject to the conditions and responsibilities set out in The Convention for the Unification of certain rules relating to international carriage by air (Warsaw Convention of October 1929, as amended by the Hague Protocol of 28 September 1995). The maximum liability for air transport will be 17.00 SDR (special drawing rights). The contract for the international carriage of goods by road is regulated by the CMR Convention, signed in Geneva on 19 May 1956 and ratified by Spain in 1974. The maximum liability for the transport will 8.33 SDR.

Claims 

In accordance with the provisions of articles 366 and 952.2 of the “Código del Comercio” (Commercial Code), claims against Celeritas may be made within 7 calendar days after receipt of the goods, for damage to, or breakage of, those goods, unless that damage is evident at the time they are accepted, in which case the claim will only be admitted at the time of receipt, by annotation on the delivery note. Once the periods given have passed, or the shipping has been paid, no claims against Celeritas will be accepted for the state in which the goods shipped were delivered. Once the claim has been drawn up within the deadlines given, the actions due to the transport contract will be subject to a one-year limit (article 952.2).

Conflict resolution

For any disagreement or dispute arising out of or because of this contract or any changes or extensions that may be made to it, both parties, renouncing their own jurisdiction, explicitly agree to the jurisdiction of the courts of Madrid.