General Terms and Conditions of Services Provided by ICS

1. Definitions

Here are some definitions of terms mentioned in the General Contractual Conditions of ics-pro.es's services (hereinafter referred to as the General Conditions or General Contractual Conditions):

Transport Agency: Collaborative partners of ics-pro.es.

Remote Areas: Locations with a population of fewer than 10,000 registered inhabitants and those, regardless of population density, located more than 50 kilometers from the nearest Transport Agency's headquarters.

Help Portal/WB: Communication channel with ics-pro.es for service consultation, management, or complaints. Includes the Whatsapp Business (WB) customer service.

Recipient: Individual or legal entity receiving the Goods through a transport service contracted on ics-pro.es.

Shipment: One or more packages, picked up from a single origin and delivered to a single destination, on the same date and time, with the Transport Agency.

Shipping Label and Address Sheet: Documentation to be attached to the Goods.

Commercial Invoice or Pro-Forma/Clearance Authorization: Documentation to be attached to the Goods, only in the case of export/import outside the EU, as well as services to the Canary Islands, Ceuta, and Melilla.

Pickup Location: Refers to the address where the Goods must be picked up by the Transport Agency.

Delivery Location: Refers to the address where the Transport Agency must deliver the Goods.

Goods: Transported item.

Sender: Individual or legal entity handing over the Goods to the Transport Agency at the time of pickup for shipment.

Website: www.ics-pro.es.

User and Registered User: Individual or legal entity contracting with ics-pro.es for the pickup and delivery of goods, responsible for the payment of all associated service charges. Therefore, only the user can file claims and inquiries related to the contracted service. These must be made through chat, web form, or Whatsapp Business, using the email/mobile number used to manage the service on the website. The User/Ordering party is also a Registered User with access to their order area.

2. Pre-Contractual Information

These General Conditions expressly regulate the relationships arising between CS CARGO-IN, S.L., with CIF B16469249, with address at C. Bracal de l'Alfàs 13a 03110 Mutxamel Alicante (hereinafter, ics-pro.es) and the User who contracts the services offered through the Website.

These General Conditions have been prepared in accordance with the current regulations governing Information Society Services and Electronic Commerce, as well as General Contract Conditions, and General for the Defense of Consumers and Users and any applicable legal provisions.

The use and/or contracting of any services on the Website imply acceptance as a User, without any reservations, of each and every one of the General Conditions, the Website's Terms of Use, as well as the Specific Conditions that may be applicable.

Service contracts at the physical offices of ics-pro.es by the Client/User will refer to these General Terms and Conditions of Contracting, which will be binding as applicable to the business relationship.

ics-pro.es informs that the procedures for contracting the services provided are those described in these General Contractual Conditions, as well as any other specific ones indicated on the screen during navigation or communicated via WB or email. Thus, the User declares to know and accept such procedures as necessary to access the services offered on the Website.

Any modification and/or correction of the data provided by Users during navigation must be made according to the instructions on the Website.

3. Contracting Process

3.1 Service provided by ics-pro.es

ics-pro.es is a parcel shipping search engine that acts as an intermediary between Users and Transport Agencies. Through the Website, Users can check the prices offered by different Transport Agencies for shipments and contract the services online with the Transport Agency that best suits their needs.

3.2 Service Contracting

To send a shipment, the User must access the Website and enter the country and postal code for pickup and delivery, as well as the weight and dimensions of the package to be sent in the "SEND TO" section. The User must then check the prices offered by different Transport Agencies for the specified shipment and choose the rate they consider most suitable, proceeding to register as a Registered User.

The prices on the Website do not include various consumption taxes such as VAT or possible customs and import taxes. The VAT or other applicable taxes on the transport service will be specified when choosing the selected service; however, the final price of the shipment may include associated costs such as specific packaging, packing tapes, reinforcement of packaging, or similar, necessary for the shipment to be considered suitable for transport. In such cases, the customer will always be notified before proceeding with the shipment, of the final service price with these associated costs.

The User must complete the Personal Data and Shipment Content forms and accept these General Conditions and the Privacy Policy of the Website. The User must contact ics-pro.es at all times using the Help Portal/FAQS, email, or Whatsapp Business (WB) for any service-related queries, management, or doubts. ics-pro.es cannot identify the user if the request is sent from a different email or mobile account than the one detailed during registration.

The automatic shipping request system collects the data entered by the User. The User must then choose the pickup of the goods and provide the required pickup and delivery details.

If the User wishes to receive an invoice for the services provided, it will always be available in their registered user area in "pdf" format. In general, the invoice will appear immediately after making the payment in this registered customer area, and it may be modified or expanded, or an additional invoice issued, subsequently, at the request of ics-pro.es, for costs associated with services that occur during the contracted transport service, for packaging preparation, re-expedition, or application of customs clearance costs.

In the next step, the User must include the payment details for the contracted services.

It should be noted that pickup, depending on schedules and working days, for Users of their goods depending on location, is not guaranteed in all services, nor

3.3 Pickup of Goods

In case ics-pro.es has confirmed to the User that the requested services have been successfully contracted and, upon the chosen date and time slot or the one communicated by ics-pro.es for the pickup of the Goods, a courier from the selected Transport Agency will proceed to collect them.

In the event of an incident (non-performed pickup), the rescheduling of the new pickup must be managed directly with ics-pro.es, through the Whatsapp Business (WB) customer service.

If the Transport Agency's courier cannot collect the rescheduled Goods, for any reason attributable to the User and/or the Sender, ics-pro.es may terminate the contract and retain the contracted transport fee as compensation.

Shipments to and from Remote Areas, both nationally and internationally, may be subject to delays and service withdrawal. Users can find more information on this matter in clause 14 "Disclaimer of Liability."

The User must always request a receipt, pickup voucher, or waybill from the Transport Agency that collects the Goods. Claims not accompanied by the pickup receipt will not be accepted since there is no proof that the Transport Agency collected the Goods in that case.

In some services, the courier from the Transport Agency will carry a document that the sender must complete with the Pickup and Delivery Location details of the Shipment.

3.4 Delivery of Goods

The delivery will be made to the address indicated by the User in the request, with the option to choose between home delivery or convenience points during the service contracting.

If the Shipment could not be delivered to the Recipient, the Transport Agency may leave a notice for the Recipient to reschedule the delivery, and the Goods will be taken to their warehouses. However, since not all Transport Agencies leave a notice, the User must access the Website to track the Goods and inform the Recipient.

Depending on the service and/or Transport Agency used for the Shipment, in case the delivery cannot be completed, a second delivery attempt can be made at the destination address (at no additional cost to the User). It should be noted that, in some countries, if the Recipient is not at home, the carrier may leave the Goods at another address, such as a neighbor's residence or a convenience point, as examples.

The User must go to pick up the Goods at the location of the Transport Agency within the timeframe specified by the Transport Agency. Otherwise, the User would have to bear the costs of storage, return, or destruction of the Goods, once it has exceeded the timeframe set by the Transport Agency.

If the shipment is refused at the destination or, for any other reason, the company executing the transport cannot deliver the Shipment, ics-pro.es will communicate the circumstances preventing delivery to the User as soon as possible through shipment tracking, and when this is not technically possible, via email or Whatsapp Business. In this case, the User must respond in writing to ics-pro.es within a maximum of two (2) business days from receiving the communication, stating whether they want to recover the Shipment or if they prefer it to be sent to another destination. After the mentioned period of two (2) days without the User communicating their decision to ics-pro.es, the shipment will be processed according to what the applicable legal norm establishes based on the nature and type of the shipment. In any case, the User will be responsible for, in addition to paying the corresponding additional fee, covering the shipping, expenses, and costs incurred.

If the Goods are returned to the Sender or sent to another address at the User's request, the User will have to pay ics-pro.es the fees derived from that journey.

All delivery times displayed on ics-pro.es are indicative and based on information from the respective Transport Agency. It is advisable to review the conditions of the Transport Agency intended to be chosen before contracting the services offered on the Website, which are available on their respective websites.

The delivery of the Goods may be delayed at times due to reasons beyond the control of both ics-pro.es and the Transport Agency. All transit times are based on working hours/days from Monday to Friday. In case of a holiday, either at the origin, transit, or destination, this day does not count as transit time.

In parcel services and any others similar that involve the collection or delivery of shipments consisting of a small number of packages (maximum 5 packages, maximum weight per package 30 kgs.) that can be easily handled by one person without assistance other than the machines or tools carried on board the vehicle used, loading and unloading operations will be the responsibility of the Transport Agency.

Shipments requiring extraordinary or special means for loading and/or unloading will be accepted for transportation as long as the maximum dimensions and weights are not exceeded. At this point, the User accepts that the delivery may be made at street level or left available to the recipient at the transport company's warehouse nearest to the residence, for at least 2 business days. ics-pro.es will assist in locating vehicles and special means for these deliveries if the User so requires, but in any case, the User must authorize the Additional Charge; ics-pro.es will not mobilize any vehicle until the payment has been accepted. This section of the terms and conditions regarding extraordinary or special means for loading/unloading of goods will not apply to shipments to countries formerly part of the USSR.

ics-pro.es does not accept deliveries to a P.O. Box, in general, or to a private home mailbox.

4. Terms and Conditions of Transport Agencies

For the delivery and pickup of Shipments, the conditions of each Transport Agency will apply. These conditions can be consulted on their respective web pages or websites.

In case of discrepancies between what is published on this Website and on the websites of Transport Agencies regarding delivery and pickup, the service conditions of the Transport Agencies will always prevail, as the rates published on the Website are based on them, except for matters related to insurance coverage, where the conditions published on the ics-pro.es Website will always prevail.

No objections can be made by the User regarding ics-pro.es's collaboration with current or future Transport Agencies.

5. Obligations and Rights of ics-pro.es

ics-pro.es will be responsible for organizing the collection and delivery of the Goods through the Transport Agency chosen by the User at the time of placing the order. ics-pro.es does not come into direct contact with the Goods at this point.

In the case of collection, there is no direct contact by ics-pro.es with the package until it reaches the physical office location, where it is inspected, and the suitability of the packaging for transport is verified. The documentation of the shipment is checked, and the Shipment is arranged/managed through one of the Transport Agencies that collaborates with ics-pro.es and of which ics-pro.es is a client.

ics-pro.es may address all claims/queries that the User of the order wishes to submit, provided it is done through the email/mobile WhatsApp account detailed during the hiring process, in the "Step 2 Shipping Details – Your Details" and "Registered User Area."

Users will receive their response to the claim/query through the same means. For more information, refer to clause 11 "Claims Management."

The Transport Agency and/or ics-pro.es have the right to reject any Goods for specified reasons, such as, but not limited to, the absence of packaging, insufficient packaging, or if the Goods exceed the dimensions and weight provided when hiring the service, and if the nature of the Goods so requires, see List of Prohibited Items.

6. User Obligations

The User agrees to:

All Shipments must be properly packaged and adequately protected for transportation, respecting the Packaging Guide, considering its content, and ensuring that it does not cause damage or harm to the equipment or personnel transporting it.

The User is responsible for ensuring that the packaging is suitable for the transport of the Goods. Claims about Goods that do not comply with the Packaging Guide, both from the website and the chosen transport company, will not be accepted. All items must be carefully packaged. The item must be protected with sufficient material for proper transport. In addition, the User will be responsible for damages caused by their Goods to other Shipments during transit if it is a result of insufficient or inadequate packaging. Transport Agencies that provide the pickup service are not obligated to supply packaging or wrappers for the User's transport.

Items not delivered in a box or not properly packaged are excluded from the services offered by ics-pro.es and may be subject to delays, returns, and retention. In these cases, ics-pro.es will not refund any amount for shipping, and the User will have to bear the expenses incurred in transportation until the cancellation of the order, "Failed Pickup," or return of the Goods to the origin. However, the packaging will be reviewed, and an incident will be communicated to the customer to resolve the issue.

The sender must ensure that they deliver the Goods to the contracted courier (the one from the Transport Agency chosen at the time of placing the order); if the Sender of the Shipment does not match the User, the User is responsible for informing the Sender which company will pick up the goods. The lack of this communication does not imply any responsibility of ics-pro.es.

All Shipments must be properly labeled, and all Shipping Labels, Address Sheets, and Commercial Invoices (if needed) must be attached securely to avoid detachment, placed on the flat surface of the larger size of each package/good for visibility. Also, make sure that when sending multiple packages in one order, the Shipping Labels and Address Sheets are attached properly.

If the Sender uses their own labeling service, and it is not done properly, the courier from the Transport Agency may refuse to pick up the order. Neither ics-pro.es nor the Transport Agency will be responsible, under any circumstances, for any delays in delivery, non-delivery, or non-delivery resulting from poor or ambiguous labeling by the Sender. It should be noted that Goods without a Shipping Label and Address Sheet cannot be resent for free. If a Shipment has to be returned for this reason, there will be no right to a refund of the contracted transportation price, and the charges that correspond (see clause 9 "Additional Service Charges") will be passed on to the User.

All data provided by the User (even electronically) in relation to the request and contracting, labeling, transport, or billing of the Shipment must be accurate, complete, sufficient, and consistent with what is provided during contracting. Such data includes, but is not limited to, the weight and dimensions of the package, an accurate description of the package/item's content, and the following data of the Recipient: full name, complete address including postal code, telephone number (always from the destination country), and email address. It is not the courier's responsibility to check this information.

The User agrees to declare the content and its value correctly.

The User understands that declaring value without purchasing Additional Insurance Coverage does not entitle them to compensation for losses or damages, as the "value" field is merely informative for customs, statistics, etc.

In the event that the User has not provided all the necessary data, or the packaging is damaged, unsuitable for transport, or improperly packaged, the courier from the Transport Agency may refuse to pick it up, and any expenses that may arise will be attributed to the User.

The Goods must comply with all legal obligations and regulations regarding the transport of goods by road, sea, and air. Any administrative sanction that may arise from the breach of this point or if the Goods are considered illegal, either in the country of origin, transit, or destination, will be fully charged to the User.

The expenses that the User must assume include but are not limited to: charges for transportation, surcharges (including, but not limited to, emergency, operational, and fuel surcharges), storage costs, VAT, taxes, interests, fines, administrative costs, customs duties, insurance premiums, and any other cost attributable to the User by ics-pro.es in relation to transportation or required by regulatory bodies in relation to the Shipment, and any other amount accruing under these Terms and Conditions.

The User is responsible for tracking their shipment and contacting ics-pro.es through the Help Portal/Whatsapp Business (WB) in case of any delays, incidents, or lack of updated information.

The User agrees to collaborate with ics-pro.es and the Transport Agency in resolving incidents within the deadlines set in the operation of the contracted service, generally but not limited to, within two business days.

In case of return of goods, applicable surcharges will be imposed, and specifically, the conditions for the customs clearance of returnable international goods are established in section 8. "International Transport and Customs."

The User must provide the necessary documentation for the processing of claims (breakages, thefts, losses, accidents, etc.) within the deadlines specified in section 11 "Claims Management."

The User must submit all queries/claims through ics-pro.es-WB, which will subsequently handle the proceedings with the Transport Agency on behalf of the User. If the User contacts the Transport Agency directly, it may be more difficult to manage the incident later on. ics-pro.es is not responsible,

7. Prohibited and/or Damaged Items

Items from the Prohibited Items List cannot be shipped through any of the services of ics-pro.es.

The User declares during the contracting process that they are not sending this type of merchandise; otherwise, the website does not allow the completion of the contracting process.

It is also important to consider, in the case of exports, that the goods to be transported are accepted by the customs of the destination.

It is the User's responsibility to verify that the item is not included in the Prohibited Items lists.

Goods belonging to the Prohibited Items list may not be collected, or they may experience delays, be returned, or confiscated by customs authorities. In the event that the shipment of a Prohibited Item takes place without the knowledge of the Transport Agency and/or ics-pro.es, no refund will be made for the expenses of Prohibited Items Shipment, and no claims for delays in deliveries, pickups, or any other type will be accepted. If the Transport Agency collects any Merchandise belonging to the Prohibited Items list, the User may incur additional charges and the return of the Merchandise, with no possibility of claiming coverage, included or additional.

It is important to note that ics-pro.es has an automated computer system for processing Shipping requests, so the personnel of ics-pro.es cannot control what is being sent. It is the User's responsibility to read and comply with the conditions of the chosen Transport Agencies or to make an inquiry through the Help/FAQS-Whatsapp Business (WB) Portal 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 Transport Agency may also retain it for pickup by the User. If the merchandise cannot be retained for reasons of safety or health, the Transport Agency may decide to destroy it without prior notice.

8. International Transport and Customs

In transport services where ics-pro.es is required to pick up or deliver goods in countries outside of Spain, the responsibility of ics-pro.es will be governed by the provisions of the international agreements applicable at all times.

In cases where any type of documentation needs to be signed and attached to the shipment, the User will be informed during the contracting process or through the customer service/WB communication channel of the company. This documentation must accompany the goods; otherwise, the shipment may be delayed, or the Transport Agency may charge a fee that ics-pro.es would have to pass on to the User.

For shipments requiring delivery outside the European Union, the user accepts that they will exclusively be definitive exports; the service does not include temporary exports (returns, transfers, return of company goods, etc.).

It will be necessary to attach a Commercial Invoice or Pro-Forma (if the goods have no commercial value) in Spanish and English. In it, the User must provide an accurate description of the item to be exported, as well as state the reason for the export. If customs authorities find that the description does not correspond to the item sent or the one specified for export is not truthful (for example: declaring it as a gift when it is actually a purchase), a surcharge may be applied, or the shipment may be returned, confiscated, or destroyed. The User must ensure that the invoice details are correctly stated.

If the amount declared by the User as the value of the content is incorrect, ics-pro.es will not be responsible for any charges that may apply or arise.

The User is responsible for finding out if there are taxes, charges, or customs duties once the shipment reaches the destination country. The best way to find out is by consulting the embassy or consulate of the destination country. ics-pro.es may provide guidance in the Frequently Asked Questions (FAQS)/Whatsapp Business (WB) section in this regard, only as guidance. ics-pro.es has neither the authority nor the power to accurately indicate the requirements and applicable fees. The recipient of the shipment must bear all customs taxes and fees imposed by the customs authority of the destination country. If not, when ics-pro.es becomes aware of such unpaid charges, it will charge the User for all customs taxes, fees, or other charges not 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 impose a surcharge for the destruction/abandonment of goods if these taxes are not paid. The User will also be responsible for this charge.

The following specific rules will apply to returned shipments regarding the import/export treatment of goods:

All procedures related to the customs clearance of international returnable goods are carried out in accordance with the European Customs Code. The import declaration service (IPO return) is not a standard procedure and is not included in the shipping fee. The cost of shipping the international returnable shipment to the initial departure location depends on the weight and dimensions of the international shipment and will be paid by the Sender.

In the event that the goods leave the European Union-EU, their return will be treated as an import to the logistics center, and the German Customs will handle it as an import from a non-EU country. Consequently, the goods will be subject to customs clearance and payment of customs duties by the User. This is the specific procedure for shipments destined for countries that were formerly part of the USSR;

After receiving the international return shipment, we will be notified that the returns have been received, and a complete list of packages will be sent to us.

From the moment of the notification of the receipt of returns at the RusPost GmbH warehouse, the Customer is obliged to pick up the complete lot of returns within 21 natural days or announce their decision on the further processing of the returnable international shipment and provide all necessary data and documents.

If no response is provided, and after the expiration of the assigned period, the returnable international shipments are automatically exported to the Russian Federation with the comment "for utilization."

Possible options for processing returnable IPOs:
1. International returnable goods are transferred to the Customer in the customs transit regime T1. A mandatory condition is a guarantee signed and certified with the corporate seal of the Customer on the timely closure of the customs transit procedure, indicating the license number of the accredited recipient (Authorized recipient number/Bewilligung Nummer ZE).
1.2 The transport of the returnable international shipment in customs transit mode T1 from the RusPost GmbH warehouse to the destination is carried out by the sender of the international shipment. Transit is opened, and the cargo is moved to the customs warehouse. The cost of opening T1 is 75 to 100 euros, borne by the Sender of the IPO (import declaration).
2. Returnable international shipments intended to be sent to the Russian Federation are re-exported in one of the following ways:
2.1 Periodic re-export (recipient data can be left the same or changed, but investment and value data cannot be changed).
2.2. Re-export marked as "disposal." In this case, if the recipient does not receive the international shipment, the package will be disposed of in the Russian Federation. Mandatory condition: The customer must send us written confirmation to mark "disposal" on the form.
2.3 Customs clearance of imports (customs clearance) is carried out only by prior agreement of a legal entity. Mandatory condition: The sender completes and signs a single or long-term notarized power of attorney for customs clearance.

For proper customs declaration, the following documents and data are required:

Legal entities:
- EORI No. – customs number of the company
- Exact address and name of the company.
- Customer's Comfort Code
- Invoice
- An accurate description of the goods specified in the declaration.

Prices:
Customs declaration including 3 items – 45.00 €
Customs declaration of 4 to 7 items - 65.00 €
From 7 positions – each subsequent position – 10.00 €
Customs costs can range between 6 and 19% of the declared value on the invoice. RusPost GmbH charges 2.5% of the paid duties. Customs duties or costs are assessed by the customs authority, based on duties/costs depending on different groups of product code.

9. Additional Charges to the Service

The User agrees that ics-pro.es is authorized to automatically charge and collect surcharges using the same payment method used by the User at the time of contracting the service.

If it is not possible to make the payment with the original payment method, ics-pro.es will use all possible measures, including legal avenues, to collect the outstanding charges from the User.

9.1 Discrepancy Weight/Declared Volume/Inconsistent Packaging

When entering the weight and dimensions of the Shipment, the User pays in advance the amount corresponding to the weight and measurements of the contracted service. It is mandatory to enter the exact weight and dimensions of each package. All packages/goods are scanned multiple times by the Transport Agency. If the Shipment has a weight or volume greater than declared at the time of shipment management and execution, it could be retained, experience delays in pickup, transit, or delivery, or be returned to the origin.

However, upon receiving the goods at the offices of ics-pro.es, collected from the User's home, the actual measurements and weight are verified, and the packaging is checked for suitability for shipment. Associated costs such as specific packaging, packaging tapes, reinforcement of packaging, or similar necessary for a package to be considered suitable for transportation will always be communicated to the customer before proceeding with the shipment, including the final price of the service with these associated costs. The User will receive communication via email/WB about this charge before it is applied as proof of agreement.

These types of charges will be applied based on the public rate that ics-pro.es has at any given time, informed to the client/user.

9.2 Failed Pickup

If the Goods are not ready for pickup at the agreed location and time, a surcharge will be charged for "Failed Pickup." This surcharge has a minimum cost of €2.00 and a maximum of €15.00 plus VAT, depending on the contracted Transport Agency. Additional Charges may arise in the event of failed pickups or delays in pickup due to reasons attributable to the User or the Recipient that were not covered/included in the contracted service.

9.3 Address Changes

Any modification to the pickup or delivery address is considered an address change. This charge may occur even in the absence of data in the documented address. This surcharge has a minimum cost of €2.00 and a maximum of €15.00 plus VAT, from the Transport Agency.

In the event that delivery must be made to a different postal code, even within the same locality, it would be a re-expedition and not an address change. The cost in this case can be the same as the original shipment or a new cost that will be estimated and communicated to the customer.

9.4 Additional Deliveries

If the Transport Agency has exhausted the planned delivery attempts by service type and according to its operational conditions (in most cases, a first attempt and one more free attempt are made), any additional delivery attempt incurs a charge ranging from a minimum of €2.00 to a maximum of €15.00 + VAT, depending on the delivery management and the chosen Transport Agency.

10. Payment Methods

The accepted payment methods on the Website are:

Credit or debit card: Visa, MasterCard, PayPal account, and Bizum.

11. Claims Management

11.1 Maximum Liability of ics-pro.es

The maximum liability of ics-pro.es and the different Transport Agencies involved in the provided services will be governed by the provisions of national and international legislation applicable to the freight transport intermediation services offered by ics-pro.es.

Currently, this legislation includes:
(i) National land transport: Law 15/2009 and its development regulations.
(ii) International land transport: Convention on the Contract for the International Carriage of Goods by Road (CMR), made in Geneva on May 19, 1956.
(iii) National railway transport: Law 15/2009 and its development regulations.
(iv) International railway transport: International Convention concerning International Carriage by Rail, made in Geneva on May 9, 1980.
(v) National air transport: Air Navigation Act of 1960 and Commercial Code.
(vi) International air transport: International Convention for the Unification of Certain Rules for International Carriage by Air, made in Montreal on May 28, 1999.
(vii) National maritime transport: Law of December 22, 1949.
(viii) International maritime transport: International Convention for the Unification of Certain Rules relating to Bills of Lading, of August 25, 1924.

Law 43/2010 of December 30, on the universal postal service, the rights of users, and the postal market.

11.2 Procedure and Deadlines for Claims for Damages or Losses

ICS CARGO-IN, S.L. will not be able to identify the user if they submit the claim from an email or WhatsApp mobile number different from the one detailed during the contracting process, in "Step 2 Shipment Details - Your Details." However, the User can grant access to the claim to third parties as long as a sworn statement authorizing the authorization is provided.

In the event of having to file a claim, the User must always do so through the Help Portal/Whatsapp Business (WB), where they must request and complete a written claim form. ics-pro.es can assist/advice in completing all the procedures.

All claims for losses, hidden or non-apparent damages to the Goods must be initiated within the deadlines outlined below, which will be calculated from the day following its delivery to the Destination:

Transport Type	Timeframe
National Land Transport	7 days
International Land Transport	7 days
National Air Transport	10 days
International Air Transport	14 days
National Maritime Transport	24 hours
International Maritime Transport	3 days

In the event of loss or damage to the Goods being apparent, the Recipient must declare their reservation at the time of delivery, noting their reservations on the delivery note, waybill, or the carrier's PDA (Tablet). The Recipient must note on the delivery note that it was received with "Damages" (specifically for the destination country-Russia, it is called DOC F51). If the delivery receipt shows as delivered without any disagreement observations, the damage claim cannot be satisfactorily addressed.

In any case, if the User decides to file a claim, they must ensure that the Recipient keeps the Goods and their packaging available for inspection unless ics-pro.es provides written instructions to the contrary. The Goods must be available for inspection in the condition in which they were delivered and at the delivery address. If the item has been tampered with, repaired, or if the packaging has not been retained, the claim will be rejected.

In the case of total loss, the claim will only begin to be processed once the Transport Agency has conducted an intensive search in its warehouses and has classified the Goods as "lost." This search and loss declaration process by the carrier usually lasts up to a maximum of ninety (90) days from the scheduled delivery date. The User agrees to collaborate in locating efforts by providing as much information as required.

After the active search for the shipment is completed, it would transition to a passive search. If the shipment is located later, the User will be informed, and delivery instructions will be requested.

To process any claims file, the User must contact through the Help Portal/Whatsapp Business (WB) and always from the email or mobile number entered as the User of the order.

Once ics-pro.es receives the claim, they will request documentation substantiating the damage or loss:

Complete the claims form. Requested through WB-customer service.
Collection waybill from the Transport Agency signed by the courier (unless in exceptional cases).
Commercial invoice (purchase/sale) of the transported goods, or purchase receipt. This should always reflect matching data between sender and recipient. If the payer is not the sender of the goods, a written statement relating to the relationship between the three parties must be submitted.
In the case of breakage, also, images of the goods and packaging upon receipt:
- Photo of the damaged goods in its entirety: the photo must show the damage in its entirety and not just a detail. If the damage is not perceptible in a general shot, it will be necessary to add another image of the item showing it. In case of more than one damaged item, take a photo grouping all items in a single image.
- Photo of the outer packaging, including the transport company's label: the photo must show that the shipment was made with the transport company and that the claim corresponds to the contracted shipment. The photo should be taken at a distance where the shipment label is visible.
- Photo of the goods with inner packaging: the photo must show that the packaging used has protected the content during transport. Image of the damaged goods placed inside the packaging, as it arrived at the recipient originally.
Delivery note with comments from the recipient in case of damage.
Repair estimate for damages, if applicable (only in case of breakages).

In the absence of any of the documents mentioned above, the file will be incomplete, and therefore the claim cannot be processed.

Regarding claims, the following points should be considered:

Confirmations of payment or collection through platforms such as PayPal, and other similar payment platforms, as well as web publications of buying and selling items, will never be considered as an invoice or evidence of the value of the goods.
In case 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 responsibility from that moment on towards the insurance company and the various consumer arbitration boards, so any attempt at fraud or falsification of documents will be the total and exclusive responsibility of the User for all legal and administrative purposes.

Please note that ics-pro.es may need a maximum of 7 business days to review the details of the claim before contacting the User and providing a written response.

Once the claim is in progress, the deadlines for submitting documentation will be as follows:

Losses: 2 months from the date of collection of the goods

Content shortages: Images 2 months from the date of delivery of the goods.

Damage: Images 2 months from the date of delivery of the goods.

The resolution period for a claim for loss or damage is 90 days. The period will start when the file is complete and transferred to the Insurance Company.

A settlement letter will be issued in case of compensation for goods and reimbursement of shipping costs, requesting the User's banking details.

Compensations for goods are not subject to VAT, in accordance with the provisions of Law 37/1992 on VAT art. 78.31º. The payment will be made by bank transfer.

The reimbursement of shipping costs will be inclusive of VAT. The payment will be made through the same payment method used during the service subscription.

If the goods are recovered after the settlement has been paid to the User, the User agrees to refund the corresponding amount for compensation for goods to the company designated by ics-pro.es, and through a bank transfer to the bank account specified by the latter.

Claims for the delivery of Goods will not be accepted if the User requests the stoppage or return of the goods after they have been delivered to the Transport Agency, as it cannot be guaranteed that the Goods will be returned to their origin once they have started their transit. However, ics-pro.es will do its best to cancel the delivery if the User requests it.

11.3 Coverages

The insurance coverage is applicable exclusively in the case of loss, evident damages reflected in the delivery note, and non-apparent damages, provided that these are determined to have been caused during the transport of the goods after the inspection.

11.3.1 Coverage: Goods Insurance (Losses/Damages)

All services include the coverage expressed in the section regarding ics-pro.es's Maximum Liability, except those whose content (total or partial) is included in the Prohibited and/or Restricted or Excluded Items from compensation section, which travel under the User's conformity at their own risk. In all cases, to file a claim, it is essential for the user to adhere to section 11.2 Method and Deadlines for Claims for Damages or Losses.

If the User wants additional coverage (insured risk) on the total value of the Goods, up to a maximum stipulated by each Transport Agency, they must specify it in the hiring process and/or communicate it to WB customer service for approval and additional payment.

When contracting additional coverage, it refers to the Shipment for which it was contracted, regardless of the number of packages included in that Shipment. In the event of a claim, this will be the maximum coverage generally claimable under documentary justification of the value, applying the following rule in accordance with Law 50/1980, of October 8, on Insurance Contracts and its development regulations.

Examples: (In general, it may not be applicable to shipments to countries with similar legal regimes, e.g., former USSR countries)

Lost Goods - Insured Amount: €250 Loss Value: €341.14 Actual Amount of Goods: €341.14 Percentage to Apply to Insured Value: 73.28% Amount to be Compensated: €183.21

Damaged Goods - Insured Amount: €300 Amount of Damages: €250 Actual Amount of Goods: €600 Amount to be Compensated: €125 (Insured Amount x Amount of Damages/Actual Amount of Goods)

The User is responsible for indicating the insured amount, which must be evidenced with invoices for the goods, in case of a claim.

The insurance company may apply underinsurance if the claimant has not contracted the real value of the goods as the insured value.

The additional coverage excludes damages and/or losses on used goods, understood as any goods with an invoice date more than 60 days from the date of collection of the shipment.

In cases where the customer contracts coverage for shipments of more than one package, it must be taken into account that the insurer will calculate the average value per package. This means that in the case of a shipment 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 goods are not on the Prohibited or Restricted Items List or without compensation, nor are they damages caused by insufficient packaging, in which case, the User accepts at the time of hiring, that they travel without any insurance coverage.

Insurance coverage requires, in all cases of evident damages, that there be a note of them on the delivery note/PDA. In case the recipient does not consider them at the time of reception, the User exempts the carrier and ics-pro.es from responsibility. In case of hidden damage that the customer claims within 7 days from the day of delivery, and provides as much information as required by the Customer Service Department within the deadlines set by the carrier in its operations.

The coverage will only be effective if the User is up to date with payment for all services or additional charges to them. In case there are pending amounts to be settled at the time of the claim, ics-pro.es will respond exclusively within the limits marked according to the transit.

11.3.2 Items without insurance coverage

The following items, without their transport being strictly prohibited, are not covered by any insurance, neither the coverages established in national or international legislations related to transportation, nor by our free insurance included in the shipping price. All shipments containing products listed on: List of items without insurance coverage or compensation will be excluded from coverage. [Link to restrictions](https://www.ics-pro.es/es/restrictions)

11.4 Packaging used

The User is responsible for ensuring that the packaging is suitable for the transport of the Goods. Claims for Goods that do not comply with the Packaging Recommendations will not be accepted. This explanatory information will appear on the website.

12. Order Cancellation

ics-pro.es will not provide any refunds for service cancellations, except in cases expressed in our Cancellation Policy.

In the event that the User decides to cancel the order after paying for the service, they must contact ics-pro.es and communicate it in writing through the Help Portal/WB, from the same email address or mobile used at the time of contracting, within 15 days from the day of the shipment contract.

ICS CARGO-IN, S.L. may cancel at any time and without prior notice any service contracted by Users listed in the published list of sanctions by the European Commission "Denied Party" [Link to the list](http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm)

In all cases, the Customer Service Department will inform the User of the order cancellation.

If the cancellation of the Shipment occurs before the Transport Agency has started moving to collect the Goods, the User will be entitled to receive a voucher of the same value as the shipment/or the amount charged will be refunded through the same chosen payment system.

In the event that the request for cancellation of the Shipment occurs after the Transport Agency has collected the Goods from the Pickup Location but before the effective delivery of the Goods to the Destination, ics-pro.es cannot guarantee the stoppage and return of the shipment in any case. The User will not have the right to a refund of the contracted transport price and will have to pay in advance (in case of return) to ics-pro.es the shipping costs corresponding to the transfer of the Goods returned to the Pickup Location or to the address indicated by the Registered User.

In no case can the User cancel the Shipment after the delivery of the Goods at the Destination.

13. Right of Withdrawal

Users may exercise the right of withdrawal provided for in articles 102 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users.

14. Disclaimer

Delays in the service may occur due to the following reasons:

War, civil war, invasion, act of a foreign enemy, hostilities (whether declared or not), rebellion, revolution, insurrection, or usurpation of power, looting, plundering.
Ionizing radiation or contamination by radioactivity.
Radiative, toxic, explosive, dangerous, or other properties of any explosive nuclear component, and/or pressure waves caused by aircraft and other aerial devices traveling at supersonic or supersonic speeds.
Strikes, protests, celebrations of events of a Provincial, Regional, or National nature in the pickup, transit, or delivery area.
Natural disasters and adverse weather conditions that prevent the proper circulation of vehicles entrusted with transporting the goods.
Absence, insufficiency, or incorrect packaging of the goods.
Lack of information for the delivery or pickup.
Shipments to and from Remote Areas, both nationally and internationally.
Shipments contracted with a weight or dimensions lower than reality.
Delays in services caused by any of the detailed points cannot be subject to claims, compensation, or refund of the amount.

15. Restriction of Access to Services

ics-pro.es may, at any time and without prior notice, restrict the User's access to ics-pro.es and/or refuse to correspond with the User when:

The User or recipient is listed on the Denied Party sanctions list published by the European Commission. ([Link to the list](http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm))
There is a regulatory or legal change that limits ics-pro.es's ability to provide access to ics-pro.es.
There is an event beyond ics-pro.es's control that prevents providing access to ics-pro.es (for example, but not limited to, technical difficulties, capacity problems, and communication problems).
The User is abusing ics-pro.es, or their actions are contrary to the General Conditions stated here.
The User is violating any of the rules established in the Terms of Use of the Website and/or the Specific Conditions that may be included.

16. Supplementary Legal Framework

For all matters not covered in these General Conditions, the provisions of national and international legislation applicable to the intermediary and freight transport services offered by ics-pro.es shall apply.

17. Applicable Law

This contract shall be governed by Spanish law, which shall apply to matters not provided for in this contract regarding interpretation, validity, and execution.

The parties submit to the Courts and Tribunals that are competent according to Spanish law, and to the competent consumer administrative authorities, to resolve any disputes that may arise in the application of these conditions for the provision of services by ICS CARGO-IN, S.L..

18. Severability of Clauses

If any clause of these General Conditions could be deemed inapplicable under the law, the enforceability of any other part or clause of these General Conditions shall not be affected.