Terms and Conditions for the Provision of Services

1. Definitions

Below are some of the terms and conditions used in the General Terms and Conditions for the provision of services at https://ics-pro.com/ (hereinafter referred to as the General Terms and Conditions or General Terms and Conditions):

Transport Agency: Partners cooperating with https://ics-pro.com/.
Remote Regions: those settlements with fewer than 10,000 registered residents and those located more than 50 kilometers from the nearest Transport Agency office, regardless of population density.
Help Portal/WB: a communication channel with https://ics-pro.com/ for inquiries, management, or filing complaints regarding services. Includes WB customer service: WhatsApp Business.
Recipient: An individual or legal entity receiving the Goods via delivery ordered at https://ics-pro.com/.
Shipment: A batch of one or more shipments collected at a single location and delivered to a single destination at the same date and time, using a Freight Forwarder.
Shipping Label and Address Sheet: Documentation that must be attached to the Goods.
Commercial Invoice or Pro-Forma/Customs Clearance Authorization: Documentation that must be attached to the Goods only for export/import outside the EU, as well as for services to the Canary Islands, Ceuta, and Melilla.

Pick-up Location: Refers to the address where the shipment is to be picked up by the freight forwarder.

Delivery Location: Refers to the address to which the freight forwarder must deliver the shipment.

Cargo: The goods being transported.

Sender: The natural or legal person who hands over the shipment to the freight forwarder at the time of collection for delivery.

Website: https://ics-pro.com/.

User and Registered User: an individual or legal entity entering into an agreement with https://ics-pro.com/ for cargo pickup and delivery, responsible for paying all fees associated with the service. Therefore, only the user has the right to submit claims and ask questions regarding the concluded agreement. These actions must be performed via chat, web form, or WhatsApp Business, using the email address/mobile phone number used to purchase the service on the website. The User/Customer is also a Registered User with access to their personal account.

2. Pre-Contract Information

These General Terms and Conditions govern the relationship between ICS CARGO-IN, S.L., CIF B16469249, C. Braçal de l'Alfàs 13a 03110 Mutxamel, Alicante (hereinafter referred to as https://ics-pro.com/) and the User who enters into a contract for services through the Website.

These General Terms and Conditions have been drafted in accordance with current legislation governing information society services and e-commerce, as well as general conditions for contracting and consumer protection, and any other applicable legislation.

Use and/or contracting for any of the Website's services implies your acceptance, as the User, without reservation, of each and every one of the General Terms and Conditions, the Website's Terms of Use, and any Additional Terms and Conditions that may be applicable.

By concluding contracts for services at https://ics-pro.com/'s physical locations, the Client/User refers to these General Terms and Conditions, which will bind the parties to the terms of these General Terms and Conditions, as well as any other applicable laws.

https://ics-pro.com/ informs that the procedures for concluding a contract for the provision of services are described in these General Terms and Conditions, as well as in other specifications displayed on the screen during navigation or communicated via WB or email. The User declares that they are familiar with and accept these procedures as necessary to access the services offered on the Website.

Any changes and/or corrections to the data provided by Users during navigation must be made in accordance with the instructions provided on the Website.

3. Contract Process

3.1 Services from ics-pro.com

https://ics-pro.com/ is a parcel shipping search service that acts as an intermediary between users and shipping agencies. Through the website, users can find prices from various shipping agencies for parcel shipping and book the agency that best suits their needs online.

3.2 Contracting for Services

To ship a parcel, the User must visit the website and specify the country and postal code for the pickup and delivery locations, as well as the weight and dimensions of the package in the "Ship" section.

They can then view prices offered by various shipping agencies for the specified shipment and select the most suitable rate by registering and becoming a Registered User.

Prices listed on the website do not include various consumption taxes, such as VAT, or possible customs and tax expenses. VAT or other applicable taxes on the shipping service will be indicated at the time of selecting the selected service. However, the final delivery price may include associated costs, such as special wrapping, packing tape, packaging reinforcement, or other necessary measures to ensure the shipment or parcel is suitable for transport. In such cases, the customer will always be informed of the final price of the service, including these associated costs, prior to shipment.

The user must complete forms with personal and shipment information and accept these General Terms and Conditions and the Website Privacy Policy.

All user inquiries to https://ics-pro.com/ must be made through the Help Portal/FAQS, by email, or WhatsApp Business (WB) for any questions, management, or clarification regarding the service. https://ics-pro.com/ will not be able to identify the user if the request is sent from a different email address or mobile number than the one provided during registration.

The automated shipping request system collects the data entered by the user. The user must then select shipment pickup and provide the pickup and delivery details as requested. If the User wishes to receive an invoice for services rendered, they can always find it in their registered personal account in PDF format. Typically, the invoice will appear immediately after payment in the personal account and can be edited, expanded, or, upon request from https://ics-pro.com/, additional invoices can be issued for additional services incurred during the provision of services under the transport contract, such as preparing packaging for shipment, forwarding, or applying customs fees.

In the next step, the User must enter payment details for the services they have contracted.

It is important to note that the availability of product pickup from users, depending on schedules and business days, is not guaranteed with all transport agencies.

https://ics-pro.com/ Customer Support will contact the User in the event of exceptions regarding pickup in remote areas or hard-to-reach locations, attempting to find a solution for efficient product pickup or informing them of the need for the User to deliver the product to the nearest https://ics-pro.com/ office to the User's home.

The User must enter payment details and continue the checkout process. Once the process is completed, the User will receive an order confirmation email with its tracking number within a few minutes of payment and within a maximum of 24 hours.

3.3 Cargo Pickup

If https://ics-pro.com/ has confirmed to the User that the requested services have been successfully completed, and the selected day and time slot, or the information provided by https://ics-pro.com/ for cargo pickup, has arrived, a courier from the Transport Agency of the selected service will pick up the cargo.

If a situation arises, such as the impossibility of a pickup, a new pickup location must be rescheduled directly with https://ics-pro.com/ via the WhatsApp Business (WB) customer support service.

If the Transport Agency courier is unable to pick up the cargo due to reasons attributable to the User or the Sender, https://ics-pro.com/ reserves the right to terminate the contract and retain the cost of the concluded transportation contract as compensation.

Shipments to and from remote areas, both national and international, may be subject to delays or service reductions. Users can find additional information on this matter in Section 14 "Exemption from Liability." The user must always request a receipt, pickup document, or bill of lading from the Transport Agency representative picking up the shipment. Claims not accompanied by a pickup document will not be accepted, as this does not provide proof that the Transport Agency has picked up the shipment.

For some services, the Transport Agency courier may provide a document that the sender must complete with the pickup and delivery location information.

3.4 Cargo Delivery

Delivery will be made to the address specified by the User in the application. If desired, the delivery location can be selected: home or pickup point when ordering the service.

If the shipment cannot be delivered to the Recipient, the Transport Agency may leave a notice for the Recipient asking them to reschedule the delivery and transfer the shipment to their warehouse. However, since not all agencies leave notices, the User is responsible for tracking their shipment and notifying the Recipient.

Depending on the service and/or Transport Agency selected for delivery, if delivery is unsuccessful, a second attempt will be made (at no additional charge to you). It is important to note that in some countries, if the recipient is not located at their place of residence, the carrier may leave the shipment at another address, such as a neighbor's or a pickup point.

If the User does not receive the shipment within the specified timeframe, they will need to pick it up from the transport company's office. Otherwise, the User will be liable for storage costs, return costs, or even disposal of the shipment if it exceeds the specified timeframe. If a shipment is rejected upon arrival or for any other reason the shipping company is unable to deliver it, https://ics-pro.com/ will notify the User of the circumstances as soon as possible via the shipment tracking system or, in the case of technical issues, by email or WhatsApp Business. In this case, the User must respond to https://ics-pro.com/ in writing within a maximum of two (2) business days of receiving the notification, stating whether they wish to collect the shipment or prefer to have it sent elsewhere. If the User fails to communicate their decision within the specified timeframe, the shipment will be processed in accordance with applicable law depending on the nature and type of shipment. In any case, the User will be obligated to pay an additional fee and all associated costs.

If the item is returned to the sender or sent to an alternate address at the User's request, the User will be responsible for paying the cost of this route.

All delivery times indicated on https://ics-pro.com/ are approximate and based on information provided by the shipping company. Before ordering services on the Website, please review the terms and conditions of the selected transport company, which are available on their respective websites.

Delivery of goods may occasionally be delayed due to circumstances beyond the control of either https://ics-pro.com/ or the Transport Agency. All transit times are based on working hours/days from Monday to Friday. If a holiday occurs at the departure, transit, or destination, that day is not included in the transit time.

For freight delivery services and similar services that involve the collection or distribution of shipments consisting of a limited number of packages (maximum 5 packages, maximum weight of one package 30 kg), which can be easily handled by one person without assistance other than machinery or tools on board the vehicle, loading and unloading operations will be carried out at the Transport Agency's expense.

Shipments requiring unusual or special means for loading/unloading are accepted for transportation, provided they do not exceed the established maximum dimensions and weight. The User agrees that delivery may be made at street level or left at the recipient's disposal at the shipping company's warehouse located closer to the recipient's home for at least two business days. https://ics-pro.com/ cooperates in locating vehicles and means for such deliveries at the User's request, but in any case, the User must approve the Additional Fee, and https://ics-pro.com/ will not move the vehicle until payment is accepted. This section of the terms and conditions regarding unusual or special means of loading/unloading does not apply to shipments to countries formerly part of the USSR.

https://ics-pro.com/ does not deliver to PO Boxes or private mailboxes.

4. Terms of Cooperation with Transport Agencies

The terms and conditions of each transport agency apply to the delivery and collection of shipments. These terms and conditions can be found on their respective websites.

In the event of discrepancies between the information published on this website and on the transport agency websites regarding delivery and collection, the transport agency terms and conditions will always prevail, as they are the basis for the rates published on the website. The exception is issues related to insurance coverage, where the terms and conditions published on the website https://ics-pro.com/ will always prevail.

The user has no right to object to cooperation with https://ics-pro.com/ transport agencies, whether current or future.

5. Responsibilities and Rights of ics-pro.com

https://ics-pro.com/ assists in arranging the pickup and delivery of the goods through the shipping agency selected by the User when placing the order. https://ics-pro.com/ does not have direct contact with the goods at this stage.

During pickup, https://ics-pro.com/ does not directly handle the package until it reaches its physical location, where it is checked for weight, size, and suitable packaging. The shipping documentation is then verified, and shipping is processed through one of the shipping agencies with which https://ics-pro.com/ cooperates and of which https://ics-pro.com/ is a client.

https://ics-pro.com/ may consider any complaints or questions the User wishes to submit, provided that this is done through the email address/WhatsApp mobile phone number specified during the order placement process, in "Step 2 - Shipping Details - Your Details" and in the "User Account." User questions and complaints will be responded to in the same manner in which they were submitted. For more information, please see Section 11 "Complaint Resolution."

The carrier and/or https://ics-pro.com/ reserve the right to reject any item for various reasons, such as missing packaging, insufficient packaging, exceeding the dimensions and weight specified when ordering the service, or if the nature of the item requires it (see the List of Prohibited Items).

6. User Responsibilities

The User undertakes to:

All shipments must be properly packaged and adequately protected for transport, in accordance with the Packaging Guidelines, taking into account the contents and ensuring that they do not cause damage to equipment or personnel performing the shipment.

The User is responsible for ensuring that the goods are properly packaged for transport. Claims will not be accepted for goods that do not comply with the packaging guidelines, either on the website or on the website of the selected shipping company.

All goods must be carefully packaged. The goods must be protected with sufficient material for proper transport. Furthermore, the User is responsible for any damage caused by their goods to other shipments during transit due to insufficient or inadequate packaging. Shipping agencies providing pickup services are not obligated to provide, and do not provide, packaging materials or covers for transport to the User.

Goods that are not shipped in boxes or properly packaged will not be included in the https://ics-pro.com/ service and may be subject to returns and/or delays. In such cases, https://ics-pro.com/ will not refund shipping costs, and the User will be responsible for any costs incurred prior to the order cancellation, "Failed Pickup," or return of the item to the original location.

However, the packaging will be inspected, and any issues will be notified to the Customer for resolution.

The sender must ensure that the item is delivered to the courier they hired (from the Carrier Agency selected when placing the order). If the sender is not the same as the User, the User is responsible for notifying the sender of the carrier that will pick up the item, and failure to do so will not entail liability for https://ics-pro.com/.

All shipments must be properly completed, and all shipping labels, address sheets, and commercial invoices (if required) must be affixed securely and positioned on a flat, larger surface of each package/item for visibility. Also, when sending multiple packages in a single order, ensure that the numbering, shipping labels, and address sheets are attached correctly. Duplicating WB data is encouraged to avoid errors in the recipient's address.

If the Sender uses their own labels and does not do so properly, the Carrier Agency courier may refuse to pick up the order. Neither https://ics-pro.com/ nor the Carrier Agency will be responsible for any delivery delays or non-delivery caused by incorrect or ambiguous labeling or other labeling errors on the Sender's part.

Please note that goods without a shipping label and address sheet cannot be redirected free of charge.

If a shipment must be returned for this reason, no refund of the ordered shipping cost will be granted, and the User will be charged the appropriate fees (see Section 9 "Additional Service Fees").

All information provided by the User (including electronically) in connection with the request and conclusion of the contract, labeling, transportation, or invoicing for the shipment must be accurate, complete, sufficient, and match the information provided at the time of conclusion of the contract.

This information includes, but is not limited to, the weight and dimensions of the package, an accurate description of the package contents, and the following information about the Recipient: full name, full address including postal code, telephone number (always including the destination country), and email address. All inventory data and recipient and sender information must be completed strictly in English. IMPORTANT: The courier, representative of the Transport Agency, does not verify this information.

The User undertakes to accurately indicate the contents and their value.

The User understands that declaring value without additional insurance coverage does not entitle the User to compensation for losses or damages, as this "value" field is for informational purposes only, such as customs, statistics, and other purposes.

If the User fails to provide all necessary information, or if the packaging is damaged, unsuitable for transportation, or improperly packaged, the Transport Agency courier may refuse to pick up the item, and all possible costs will be charged to the User.

The goods must comply with all legal and regulatory obligations for the transportation of goods by road, sea, and air. Any administrative fines that may arise due to violation of this provision, or if the goods are deemed illegal, will be fully borne by the User.

The User shall bear the following expenses: transportation costs, surcharges (including, but not limited to, emergency, operational, and fuel surcharges), storage costs, VAT, taxes, interest, penalties, administrative costs, customs duties, insurance premiums, and any other expenses that may be transferred to the User by https://ics-pro.com/ in connection with transportation or required by regulatory authorities in connection with the Shipment, and any other amount arising under these Terms and Conditions.

The User is responsible for tracking their package and contacting https://ics-pro.com/ via the Help Portal/Whatsapp Business (WB) to resolve any issues. Delays, problems, or lack of up-to-date information. Furthermore, the user agrees to cooperate in resolving incidents within the specified timeframe, typically within two business days. In the event of returned goods, appropriate additional fees will apply, as detailed in Section 8 "International Shipping and Customs."

The user is obligated to provide the necessary documents for the consideration of insurance claims (breakdowns, thefts, losses, etc.) within the specified timeframe, as specified in Section 11 "Claims Resolution."

All user inquiries and complaints must be submitted through https://ics-pro.com/ -WB, after which the Transport Agency will be contacted on the user's behalf. Direct contact between the user and the Transport Agency may lead to difficulties in incident management.

https://ics-pro.com/ is not responsible for the user's actions before the Transport Agency.

The User agrees that failure to comply with the terms of this section, as well as other obligations set forth in these General Terms and Conditions and the terms of the selected Transport Agency, will release https://ics-pro.com/ and the Transport Agency from liability for any expenses, costs, losses, or damages. Furthermore, in this case, the User assumes additional liability for any losses, costs, or damages caused by failure to comply with the terms of this section, both to https://ics-pro.com/ and the Transport Agency.

7. Prohibited Items and/or Items Not Compensated for Loss or Damage

Items listed on the Prohibited Items List cannot be shipped via https://ics-pro.com/.

By entering into an agreement, the User declares that they will not ship such items, as otherwise the contract will not be concluded. It is the User's responsibility to verify that the item is not included on the Prohibited Items List, as failure to do so may result in problems such as refusal to pick up, delays, returns, or confiscation by customs authorities.

If Prohibited Items are shipped without notifying the Carrier Agency and/or https://ics-pro.com/, no refund will be issued for shipping costs, and complaints regarding delays in delivery or pickup, or for any other reason, will not be accepted.

If the Carrier Agency picks up items included on the Prohibited Items List, the User may incur additional costs and the return of the item, without the possibility of making an insurance claim. It's important to note that https://ics-pro.com/ uses an automated system to submit delivery requests, and https://ics-pro.com/ staff cannot control the contents of the items being shipped. It is the user's responsibility to familiarize themselves with and follow the terms and conditions of the selected shipping company or contact them through the Help Portal/FAQS-Whatsapp Business (WB) to ensure your item is accepted.

If an item is damaged beyond the point of transport, the shipping company may hold it for pickup. If the item cannot be held for safety or hygiene reasons, the company may decide to destroy it without prior notice.

8. International Shipping and Customs

For shipping services where https://ics-pro.com/ must deliver or receive goods in countries outside of Spain, https://ics-pro.com/'s liability will be governed by the provisions of the international agreements applicable at that time.

If any documentation is required for shipping, the user will be notified during the ordering process or through the company's customer service/WB channel. Failure to include this documentation with the product may result in a shipping delay or possible additional charges from the shipping company, which https://ics-pro.com/ will be required to cover at the user's expense.

For shipments requiring delivery outside the European Union, the user agrees that these can only be definitive exports, as the service does not include temporary export operations (returns, redirections, etc.).

For shipments requiring delivery outside the European Union, a commercial invoice or proforma invoice (if the goods have no commercial value) in English must be attached. The user must provide an accurate description of the goods they intend to export, as well as the reason for export (e.g., "gift").

If customs authorities discover that the description does not match the goods being shipped, or the information provided for export is false (e.g., claiming it was a gift when it was actually a commercial shipment), an additional fee may be imposed, or the shipment may be returned, confiscated, or destroyed. The user must ensure that the information is entered correctly.

If the amount the user indicated as the value of the contents turns out to be incorrect, https://ics-pro.com/ is not responsible for any additional fees or costs.

The user is responsible for determining the presence of taxes, duties, or customs duties in the destination country.

The best way to find out is to visit the official resources of the destination country, such as the embassy or consulate of the destination country.

https://ics-pro.com/ may provide advice in the FAQ section or on WhatsApp Business (WB), but this is for guidance only.

https://ics-pro.com/ has neither the authority nor the right to specify exact requirements or additional requirements for the payment of customs duties and/or taxes.

The recipient of the shipment must pay all customs taxes and duties levied by the customs authority of the destination country. Otherwise, when ICS CARGO IN learns of unpaid duties, the company will invoice the user for all customs taxes, duties, or other charges not paid by the recipient.

The sender is responsible for all these fees and taxes if the recipient refuses to pay them.

Many countries may charge an additional fee for the destruction/abandonment of an international postal item (IPI) if these taxes have not been paid. The user is also responsible for this fee.

The following specific rules regarding import/export processing apply to returned shipments:

All procedures related to customs clearance of returned IPIs are carried out in accordance with the European Customs Code. The import declaration service (for returned IPIs) is not a standard procedure and is not included in the shipping rate. The cost of shipping the IPI back to its original destination, depending on the weight and dimensions of the IPI, is borne by the sender.

Your shipment has left the EU and is returned as an import. For German customs, this is an import arriving from a non-EU country. Accordingly, the shipment is subject to customs clearance and payment of customs duties.

Upon receipt of the returned IPO, we will be notified that the returns have been received and a full list of the parcels will be sent. From the moment of notification of the receipt of returns at the our partner warehouse, the Customer is obligated to collect the entire batch of returns within 21 calendar days, or announce its decision on further processing of the returned IPC and provide all necessary data and documents.

If no response is provided and the allotted time has passed, the returned IPC will be re-exported to the Russian Federation automatically.

Possible processing options for returned IPC:

Returned IPC are transferred to the Customer under the T1 transit customs regime. A mandatory condition is a signed and certified by the Customer seal guaranteeing the timely closure of the transit customs procedure, along with the provision of the accredited consignee license number (Authorized Consignee Number/Bewilligungsnummer ZE).
Returned IPC are transported under the T1 transit customs regime from the our partner warehouse to the destination by the sender of the IPC. Transit is then opened, and the cargo is transferred to the customs warehouse. The cost of opening a T1 is from 75 to 100 euros and is paid by the sender of the international postal item.
Returned international postal items intended for re-shipment to the Russian Federation are re-exported using one of the following methods:
- Regular re-export (recipient details can remain the same or be changed, but the contents and cost cannot be changed).
- Re-export marked "disposal." In this case, if the international postal item is not received by the recipient, it will be disposed of in the Russian Federation. Mandatory condition: The Customer sends us written confirmation for the use of the "disposal" mark.
- Customs clearance of imports (customs clearance) is carried out only by prior arrangement for legal entities. Mandatory condition: The sender completes and signs a one-time or long-term Power of Attorney for customs clearance.

The following documents and information are required for proper customs declaration:

Legal entities: - EORI No. – company customs number - Exact address and company name - Customs commodity code - Invoice - Accurate description of the goods declared

Prices: Customs declaration including 3 items – €45.00 Customs declaration of 4 to 7 items – €65.00 Customs declaration of 7 or more items – €10.00 for each additional item

Customs duties may range from 6 to 19% of the declared value on the invoice. Our partner collects 2.5% of the paid duties. Customs duties are assessed by the customs authority according to the duties for commodity code groups.

9. Additional Service Fees

The User agrees that https://ics-pro.com/ reserves the right to automatically charge additional fees to the same payment method used when ordering the service.

If payment using the original payment method fails, https://ics-pro.com/ will take all possible measures, including legal action, to collect any outstanding fees from the User.

9.1 Weight/Volume/Indicated/Damaged Packaging Discrepancies

When entering the weight and dimensions of the shipment, the User pre-pays the amount corresponding to the weight and dimensions of the service ordered. The exact weight and dimensions of each package must be specified. All packages/items undergo several stages of scanning by transport agencies.

If the weight or volume of the shipment exceeds those declared during its ordering, this may result in delays during pickup, transit, or delivery, or even the return of the shipment to its origin. However, upon receipt of the goods at https://ics-pro.com/ offices, which were picked up from the user's home, the actual dimensions and weight are checked, and the packaging is verified to be suitable for transportation. Any additional costs, such as special wrapping, packing tape, reinforcement, or similar items required to qualify the shipment for transportation, will always be agreed upon with the client in advance. Before shipping, a final quote for the service, including these additional costs, will be provided, and the client will be charged via the same payment method used to place the order. The user will be notified via email/WB of this fee before it is debited as confirmation of their acceptance.

Such fees will be charged based on the rates set by https://ics-pro.com/ at the time the information is provided to the client/user.

9.2 Failed Collection

If the item is not ready for collection at the specified location and time, an additional "Failed Collection" fee will be charged. This fee is a minimum of €2.00 and a maximum of €15.00 plus VAT, depending on the selected Transport Agency. Additional fees may also apply for failed collections or delays due to reasons for which the User or Recipient is responsible and which are not included in the service provided.

9.3 Address Changes

A change of address is considered any change to the pickup or delivery address. This fee may be charged even if any important address information is missing from the previously provided address. This fee is a minimum of €2.00 and a maximum of €15.00 plus VAT, depending on the Transport Agency.

If delivery is to be made to a different postal code, even within the same locality, this will be a redirection, not a change of address. Therefore, the cost in this case may be the same as the original shipment, or a new cost will be assessed and communicated to the customer.

9.4 Additional Delivery Attempts

If the Transport Agency has exhausted the delivery attempts allowed by their service type (in most cases, one free delivery attempt is provided), each additional delivery attempt will incur an additional fee, which may vary from a minimum of €2.00 to a maximum of €15.00 + VAT, depending on the delivery process and the selected Transport Agency.

10. Payment Methods

ICS CARGO IN S.L. accepts the following payment methods on the website: credit or debit cards (Visa, MasterCard), PayPal account, and Bizum.

11. Claims Settlement

The maximum liability of https://ics-pro.com/ and the various Transport Agencies that collaborate with ICS CARGO IN and participate in the provision of services will be governed by the relevant national and international legislation for the freight brokerage services provided by https://ics-pro.com/.

The following legislation currently applies:

(i) National Transport: Law 15/2009 and related regulations.
(ii) International Road Transport: Convention on the International Contractual Carriage of Goods by Road (CMR), signed in Geneva on 19 May 1956.
(iii) National Rail Transport: Law 15/2009 and related regulations.
(iv) International Rail Transport: International Convention on the Transport of Goods by Rail, signed in Geneva on 9 May 1980.
(v) National air transport: Air Navigation Act 1960 and the Commerce Code.
(vi) International air transport: International Convention for the Unification of Certain Rules relating to Air Transport, signed at Montreal on 28 May 1999.
(vii) National maritime transport: Act of 22 December 1949.
(viii) International Maritime Transport: International Convention for the Unification of Certain Rules Relating to Bills of Lading of 25 August 1924.
(ix) Law 43/2010, of 30 December, on the Universal Postal Service, User Rights, and the Postal Market.

11.1 Type and Time Limits for Filing Claims for Damage or Loss

ICS CARGO IN S.L. will not be able to identify the User if they submit a complaint from a different email address or WhatsApp mobile number than the one specified during the conclusion of the contract, under "Step 2 - Shipping Details - Your Details." However, the User may grant access to the complaint to third parties, provided they provide a certified power of attorney.

If a complaint needs to be filed, the User must always do so through the Help Portal/WhatsApp Business (WB), where they must request and complete a written complaint form. https://ics-pro.com/ can assist/advise on all procedures. All claims for loss, hidden damage or non-apparent damage to goods must be submitted within the specified time limits, which will be calculated from the day following delivery to the destination:

Type of transport	Timeframe
Domestic road transport	7 days
International road transport	7 days
Domestic air delivery	10 days
International air delivery	14 days
Domestic sea transport	24 hours
International sea transport	3 days

If the loss or damage to the goods is obvious, the Recipient must report their concerns immediately upon delivery, noting them on the delivery note, bill of lading, or carrier's PDA (tablet).

The Recipient must note on the delivery note that they received the goods "Damaged" (in Russia, this is called Report Form 51). If the delivery document indicates that the goods were received without any problems, claims regarding damage will not be considered satisfactorily.

In the event of a complaint, it is important that the User ensures that the Recipient retains the goods and their packaging for inspection, unless https://ics-pro.com/ provides written instructions to the contrary.

The item must be available for inspection in its delivery condition and at the delivery address. Any manipulation, opening, or unsealed packaging will result in the complaint being rejected.

In the event of a total loss, the complaint review process begins after the relevant documents have been completed to initiate the search, which typically takes up to 90 days from the date of expected delivery by the Carrier Agency's Post Office.

The User agrees to cooperate by providing information during the search. If the item is found later, the User will be notified and delivery instructions will be requested.

To process complaints, the User must contact us through the Help Portal/Whatsapp Business (WB) using the same email address or mobile phone number associated with the order.

If a complaint is filed, https://ics-pro.com/ will request the following documents to confirm the loss or damage:

A completed insurance claim form, available through the WB customer support service.
A certified courier delivery note from the Carrier Agency (unless exceptional circumstances exist).
The bill of lading (purchase/sales) for the transported goods or the purchase receipt, with matching sender and recipient details.
In case of damage, images of the goods and packaging upon receipt:
- Photo of the damaged goods as a whole.
- Photo of the outer packaging with the shipping company's label.
- Photo of the goods inside the packaging.
The delivery note with the recipient's feedback in case of damage.
An estimate for repairs, if applicable (only in case of breakage).

The absence of any of these documents will render the case incomplete, and the complaint will not be processed. Please note that payment confirmations through platforms such as PayPal will not be considered invoices or documentation of the value of the goods.

If the damaged goods cannot be repaired, the User must prove this by providing a document prepared by a technician. The User filing the complaint is henceforth liable to the insurance company and various consumer arbitration courts. Therefore, any attempt at fraud or forgery of documents is the sole and exclusive responsibility of the User in all legal and administrative matters.

Please note that https://ics-pro.com/ may require up to 7 business days to review the details of the complaint before contacting the User and providing a written response.

Once a complaint is under review, the deadlines for submitting documents are as follows:

Losses: 2 months from the date of collection.
Defective contents: 2 months from the date of delivery.
Damage: 2 months from the date of delivery.

The time limit for resolving a loss or damage complaint is 90 days. This period begins when the case is fully completed and submitted to the insurer.

In the event of a refund for the goods and a reimbursement of shipping costs, a regulation letter will be sent requesting the User's bank details.

Compensation for goods is not subject to VAT in accordance with Law 37/1992 on VAT, Article 78.31º. Payment is made by topping up the balance in your personal account.

Reimbursement of shipping costs is inclusive of VAT. Payment is made using the same method as when concluding the service contract.

If the item is recovered after payment has been made to the user, the user undertakes to return the corresponding amount as compensation to the company specified by https://ics-pro.com/ via bank transfer to the account specified by the company.

Claims regarding delivery will not be accepted if the user requests a hold or return of the item after it has been handed over to the transport company, as a return cannot be guaranteed once transit has commenced. However, https://ics-pro.com/ will make every effort to cancel the delivery at the user's request.

11.2 Coverage

Insurance coverage applies exclusively to loss, obvious damage reflected in the acceptance certificate, and hidden damage, provided that an expert examination establishes that such damage was caused during the transportation of the goods.

11.2.1 Coverage: Cargo Insurance (Loss/Damage)

All services include the coverage described in the "Maximum Liability" section of https://ics-pro.com/, with the exception of those whose contents (in whole or in part) are listed in the "Goods Prohibited for Shipment and/or Goods Not Eligible for Loss or Damage" or "Exclusions from Reimbursement" sections. These services are shipped at the User's discretion, at their own risk and expense. In all cases, the User must follow Section 11.2 "Method and Time Limits for Filing Claims for Damage or Loss" to file a complaint.

If the User desires additional insurance (risk insurance) for the full value of the shipment, up to the maximum amount set by each shipping agency, they must specify this when placing the order and/or notify customer service via WB for approval and additional payment.

When additional insurance is purchased, it applies to the shipment for which it was purchased, regardless of the number of packages in that shipment. In the event of an insured event, this will be the maximum insurance coverage generally accepted, subject to documented value. The following rule applies, in accordance with Law 50/1980 of October 8, on insurance, and its amendments. Examples: (In general, this may not apply to shipments to countries with similar legal regimes, such as countries that were formerly part of the USSR)

Lost shipment: Insured amount: €250 – Value of loss: €341.14 – Actual value of shipment: €341.14 – Percentage of insured amount: 73.28% – Compensation amount: €183.21
Damaged shipment: Insured amount: €300 – Damage amount: €250 – Actual value of shipment: €600 – Compensation amount: €125 (Insured amount x damage amount / Actual value of shipment)

The user is responsible for specifying the insurance amount, which must be supported by invoices for the shipment in the event of a claim. The insurance company may apply an additional penalty if the required insurance does not correspond to the actual value of the shipment.

Additional insurance excludes compensation for damage and/or loss of goods considered used, which means any goods with an invoice date more than 60 days after the shipment's pickup date.

In cases where the customer contracts for insurance for shipments consisting of multiple packages, please note that the insurance company will calculate the average value for each package. Therefore, if a shipment consisting of two packages is insured for €1,000.00, the customer will choose a maximum compensation of €500 for each package.

Insurance coverage will be valid for all contracts concluded, provided that the transported goods are not on the List of Prohibited or Restricted Goods and are not damage caused by insufficient packaging. In such cases, the User decides at the time of contract conclusion that the goods will be shipped without any insurance coverage. Each instance of damage requiring insurance must be recorded on the delivery and acceptance certificate or on the PDA. If the recipient fails to record the damage upon receipt, the User releases the carrier and https://ics-pro.com/ from liability. In the event of hidden damage, if the customer files a complaint within 7 days of the delivery date and provides all necessary information to the Customer Service Department within the carrier's established deadlines, it will be considered for insurance.

Insurance is only valid if the User pays all services and additional fees on time. If there are outstanding amounts at the time of filing a claim, https://ics-pro.com/ will only be liable within the established transit limits.

11.2.2 Items Not Covered

Some items, although not prohibited from shipping, are not covered by insurance and are not covered by national or international shipping laws or free insurance included in the shipping cost. All shipments containing products listed in the list of items not covered by insurance or compensation are excluded from coverage.

11.3 Packaging

The User is responsible for providing appropriate packaging for the shipment. Claims for shipments that do not comply with the Packaging Recommendations will not be accepted. This information is available on the website.

12. Order Cancellations

https://ics-pro.com/ does not provide refunds for cancellations, except as specified in our Cancellation Policy. If the User decides to cancel an order after paying for the service, they must contact https://ics-pro.com/ and notify in writing via the Help Portal/WB, using the same email address or mobile phone number used to conclude the contract, within 15 days of the conclusion of the shipping contract.

ICS CARGO IN reserves the right to cancel any service ordered by Users at any time and without prior notice if they are listed on the European Commission's published "Denied Party" sanctions list (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm).

In any case, the Customer Service Department will notify the User of the order cancellation.

If a Delivery cancellation occurs before the courier begins collecting the Shipment, the User has the right to receive a coupon for the same amount as the shipping cost or a refund using the same payment method, if payment has already been made.

If a Delivery cancellation request is received after the courier has collected the Shipment from the pickup location but before the Shipment has actually arrived at its destination, https://ics-pro.com/ cannot guarantee the shipment will be stopped and returned. The User is not entitled to a refund of the concluded transportation contract and must prepay (in the event of a return) https://ics-pro.com/ for the cost of shipping the Shipment returned to the pickup location or to the address specified by the Registered User.

The User cannot cancel a Delivery after the Shipment has arrived at its destination.

13. Right of Withdrawal

Users may exercise the right of withdrawal provided for in Articles 102 et seq. of the General Consumer Protection Act.

14. Exemption from Liability

Delays in service may occur due to the following reasons:

War, civil war, invasion, act of a hostile foreign enemy, hostile acts (whether declared war or not), rebellion, revolution, insurrection, or seizure of power, plunder, or robbery.
Ionizing radiation or radioactive contamination.
Radioactive, toxic, explosive, hazardous, or any other components of a nuclear explosion and/or shock waves caused by aircraft and other flying vehicles traveling at supersonic speeds.
Strikes, rallies, provincial, regional, or national events in the pickup, transit, or delivery area.
Natural disasters and adverse weather conditions impeding the proper movement of vehicles responsible for the transportation of goods.
Missing, short, or improperly packaged goods.
Insufficient information to complete delivery or pickup.
Shipments to and from remote areas, both national and international.
Shipments with incorrect weight or dimensions.

Service delays caused by any of the above factors are not subject to complaint, compensation, or refund.

15. Restriction of Access to Services

https://ics-pro.com/ may restrict the User's access or refuse correspondence at any time and without prior notice if:

The User or recipient is on the Denied Party sanctions list published by the European Commission.
There is a change in legislation that limits the ability of https://ics-pro.com/ to provide access to https://ics-pro.com/;
An event beyond the control of https://ics-pro.com/ occurs that prevents access to https://ics-pro.com/ (e.g., technical difficulties or information exchange problems);
The User abuses https://ics-pro.com/ or their actions are contrary to the General Terms and Conditions set forth herein;
The User violates any of the rules set forth in the Website Terms of Use and/or the Special Terms and Conditions, if any.

16. Additional Legal Governance

For all purposes not provided for in these General Terms and Conditions, the provisions of national and international legislation governing the brokerage and freight forwarding services provided by https://ics-pro.com/ will apply.

17. Applicable Law

This agreement will be governed by Spanish law, which will apply to all matters not specified herein regarding interpretation, validity, and performance. The parties submit to the courts and tribunals competent under Spanish law, as well as the relevant consumer protection administrative authorities, to resolve any possible disputes that may arise from the application of these terms and conditions of ICS CARGO IN S.L.'s services.

18. Severability

If any article of these General Terms and Conditions is found to be unenforceable by law, the enforceability of any other part or article of these General Terms and Conditions will not be affected.