The Website www.spedingo.com (the “Website”) is managed by Eurocubia S.r.l., a limited liability company with registered office in viale Lunigiana 35-37, 20125, Milan (MI) - VAT, Fiscal Code and registration number with the Rimini Companies Register 07977960967 - REA RN - 332034 - Share Capital € 10,000.00 fully paid in (the “Company”).
This section defines the terms and conditions (hereinafter the “Terms”) that govern the use of the Website by its users. Part A (“General Conditions”) is applicable to all users of the Website, while Part B (“Additinoal Contitions”) is applicable only to Registered users.
You are asked to read these Terms carefully before using the Website, as by using the Website you accept expressly and without any reservation these Terms. Please discontinue and avoid using this Website if you do not intend to submit or agree with them.
Some provisions contained in the Terms could be integrated and / or specified by specific notices within particular pages of the Website. These notices are to be considered an integral part of these Terms.
We reserve the right to change these Terms at any time. You are bound by these changes and must therefore periodically visit this section to have knowledge of any update or change. In case of amendment of the Terms, we will notify you via a special popup that will appear on the Website for the following 15 days from the relevant change.
“Agreement” means the preliminary agreement under which a Carrier and a Sender give their consent to the stipulation of a subsequent final transport agreement;
“Membership” means the condition of being a Registered user;
“Deposit” means the deposit (“caparra penitenziale”) paid by the Sender as remuneration for the right of withdrawal from an Agreement;
“Commission” means the commission due to us by the Carrier based on art. 12.1;
“Sender” means a Registered person who has done so in order to publish a request on the Website and have the possibility to receive transport Quotes;
“Registered” indicates a person who has made a Registration;
“Registration” indicates the activity of creating an account on the Website;
“Carrier” means a Registered transport service provider that has done so in order to reply to the Senders' requests and send transport Quotes;
The Website allows Senders to publish free transport requests (“Requests”) and Carriers to send free quotes in response to such requests (“Quotes”) with the intent of concluding an Agreement.
The Company, its directors, employees and collaborators (hereinafter “we” do not promote, solicit nor take part in the definition and / or conclusion of the aforementioned Agreements, do not carry out customer research activities on behalf of the Carriers nor look for suppliers on behalf of the senders and do not actively participate in the provision of the (transport) service, the only service of the Company being that of making the Website itself available for the users.
3.1. It is not permitted to use the Website for activities contrary to Italian law and the Terms set forth herein.
3.2. The law or other regulations expressly referred to or applicable to the use of this Website are mandatory and therefore must be known, respected and applied by you.
3.3. Any information or material published or provided through the Website by users - both at the time of Registration and subsequently - must be truthful, accurate, up-to-date, legitimate and non-fraudulent. We are not required to verify the contents of any information or material. Therefore, we decline any responsibility with respect to it.
3.4. It is absolutely forbidden to use the Website to publish information or material in respect to which the user does not have relevant licenses or authorizations for their publication (if required by the law), which is obscene, offensive, pornographic, defamatory, vulgar and which may have any criminal, civil or administrative relevance. We will provide full support to the competent authorities in order to punish any perpetrators of such wrongdoings.
3.5. Without prejudice to the fact that we are completely extraneous to the Agreements concluded between Senders and Carriers, we inform you, for your convenience only, that the transport of some goods (eg dangerous, flammable, explosive, corrosive, polluting, etc.) can be regulated by special and specific regulations. It is therefore the responsibility of the senders and carriers to verify in advance any specific legislation in order to avoid subsequent sanctions and controls by the competent authorities. We expressly declare that we do not assume any responsibility for the non-fulfillment or inexact fulfillment by you of the specific and specific regulations regulating the transport industry or anything else connected to it.
4.1.1. Despite our commitment to include accurate and up-to-date information on the Website, we do not offer any guarantee or declaration as to the accuracy of the information contained therein; therefore, we assume no responsibility for any errors or omissions in the contents of the Website.
4.1.2. The use and exploration of the contents of the Website are also at your own risk; the Website nor any other party involved in the creation, production and supply of the Website, is responsible for any direct, indirect, incidental, consequential or punitive damages that may arise from accessing the Website or making use of it.
4.1.3. Any content on the Website is offered "AS IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF OTHER RIGHTS.
4.1.4. We assume no responsibility and we will not be considered liable for any damages or viruses that may infect your computer or other property due to access to the Website, its use, its exploration or the download of relevant materials.
4.1.5. All requests, replies to requests and transport Quotes published on the Website are inserted directly by users. We are not required to verify the contents of these publications. Therefore, we decline any responsibility to this respect.
4.1.6. Despite our commitment to guarantee the availability of the Website 24 hours a day, we decline any responsibility in the event of temporary unavailability of the Website.
4.2.1. The Website may have hypertext links to websites owned by third parties. Links are provided solely for your convenience and do not represent a solicitation on our part to use or view these websites. These websites are not under our control and we assume no responsibility or guarantee in relation to their content. The use of pages that are not part of the Website or other websites is at your own risk.
4.2.2. We reject any guarantee, expressed or implied, on the accuracy, legality, reliability or validity of the contents of other websites and we decline any responsibility for losses, injuries, claims, obligations or damages of any nature deriving from such websites or contents of third parties who have been accessed, directly or indirectly, through the links on this Website.
4.2.3. For users’ convenience, the Website makes available a tool to calculate the distance between the place where the goods are located and the one in which they are to be delivered, as well as the relative road indications also through the connection to third-party websites. This tool can only be used to find guidance and geographical information. We do not guarantee in any way the accuracy and accuracy of the information that can be obtained through the use of the aforementioned tool. Therefore, we do not assume any responsibility in case of loss, damage or delay due to the use of this tool.
4.3.1. Within the limits provided by the relevant national law, we decline any liability for any loss (including, but not limited to: liability for loss of business, loss of profits or contracts, loss of chance, loss of data, loss of reputation, loss of hours of work), patrimonial or not , direct or indirect, as well as for any damage that might be caused to third parties or as a natural consequence, in relation to the services offered by the Website, the impossibility of its use and any material published here.
4.4.1. We will not be held responsible for any of the content published on the Website or connected to the service offered, which appears to be false or inaccurate, when this is caused by users. We decline any responsibility for the conduct of the users via the Website.
4.4.2. We decline any responsibility for any technical malfunction of the network / telephone line, of the online computer systems, of servers and providers, of personal hardware and software, of failure to deliver emails or slowdowns in data traffic on the internet or on the Website or a combination of them. It also includes any damage or injury to visitors or their computers in relation to their use of the service or as a result of having downloaded material related to this Website. The visitor / user of the Website is solely and exclusively responsible with respect to the above.
4.4.3. In no cases, we and the Website can be held responsible for the loss or damage of data deriving from having used the service or by having visited the content of the Website.
By accepting these General Conditions, you undertake to indemnify and hold us and the Website harmless from any claim or request, including legal fees, made by third parties and caused or resulting from the violation of these Terms or from the violation of any law or right of any third party.
These terms and conditions are to be considered additional to the General Conditions.
6.1. Registration is permitted only to persons who have the authority to stipulate legally binding contracts in accordance with Italian law. In the case of Registration in the name of a legal person, you hereby declare that you possess all the required authorizations to enter into this contract.
6.2. Registration on the Website is intended solely for your personal use. The Registered User does not have the right to authorize any other third party to use his Membership on this Website.
6.3. Registration as a Carrier is allowed only to professional companies active in the supply of third-party haulage services, shipping, moving or ancillary and similar activities, including vehicle breakdown and forwarding in the shipping sector.
During registration, carriers are required to indicate a series of company information (company name, address, VAT number, tax code) as well as, in the case of Italian haulage companies, their own code to register in the freight transport register for third parties (“Albo dell’Autotrasporto merci in conto terzi”).
SFollowing registration, the aforementioned Carriers are required to send us suitable documentation proving the declarations made during the registration phase or one or more of the following documents: company registration or equivalent document for foreign companies, identity document of the company's legal representative, copy of registration on the Transportation Register for third parties (only for Italian haulage companies). The Carriers that will have provided us with this documentation will be reported on the Website as a “verified company”.
It is understood that we assume no responsibility for the truthfulness, accuracy or appropriateness of this information, that the Carrier is required to promptly notify us of any change in relation to the information provided and remains solely responsible for the statements made and that the Sender will always be required to verify - after booking a transport on the Website - the identity of the person who will physically present himself / herself to collect the goods and / or who will ask the Sender to pay any amount of money.
6.4. If the Member decides to cancel his / her Membership, he / she must make a specific request using the contacts on the Website or at the bottom of these Terms.
8.1. We do not carry out any type of activity attributable to transport, shipping, brokerage or brokerage services in the transport industry. The Website acts as a virtual place where senders and carriers can exchange information, enter into negotiations and conclude agreements independently.
8.2. We have no role and we assume no responsibility for the definition and conclusion of the aforementioned Agreements, nor do we intervene to verify, by way of example, (i) the truthfulness, legality, accuracy and any other aspect concerning the contents of Requests and Quotes, (ii) the capacity, authorization or validity of the authorizations declared by the Senders and (iii) the capacity, authorization, validity of the declared authorizations or the effective competence of the Carriers.
8.3. The Agreements concluded through the Website do not constitute transport contracts, but allow Senders and Carriers to identify the essential contents of the future transport agreement that the parties undertake to conclude directly and outside this Website.
8.4. We do not take part in the conclusion of subsequent transport agreements, nor are we able to exercise control over their actual conclusion, the content, quality, safety, quantity, price or other aspects of such contracts. It is always the responsibility of the Carrier and the Sender to negotiate the terms of these contracts, defining - based on mutual needs and what is required by law - the actual feasibility, the form, the object, the relevant obligations and any other aspect.
9.1. Senders can publish a free of charge Request describing their transport needs on the Website.
9.2. Carriers will be able to view the published Requests and send free quotes on the Website with reference to any Request. We do not guarantee to Senders a minimum number of quotes, as the choice of sending is completely at the discretion of the Carriers.
9.3. Carriers may cancel a Quote at any time until it has been accepted by the Sender. A Quote is considered accepted when the Sender makes the payment of the Deposit and both (Carrier and Sender) receive a confirmation email from the Website.
9.4. The proposal of a Quote by the Carrier and the subsequent acceptance by the Sender determine, in fact, the conclusion of an Agreement.
9.5. Both the Carrier and the Sender have the right to withdraw from an Agreement. The compensation for such right of withdrawal is represented by the Deposit paid by the Sender at the time of acceptance of the Quote.
9.6. If Sender and Carrier reach the conclusion of the subsequent transport agreement, only this contract will regulate relationship between such parties.
10.1. The Sender that accepts a Quote is required to pay, via the Website, a Deposit. For our part, we will proceed to collect the Deposit in the name and on behalf of the Carrier.
10.2. Deposits paid through the Website are not available to us. Any requests for reimbursement must therefore be presented - and, if the case, accepted and met - directly to the Carrie.
11.1. At the time of Registration the Carriers give us the power to collect the Downpayments from the Senders, which will flow into an account assigned to the Carrier ("Account"). The amounts in the Account will not be available to us; it will therefore be the Carrier's right and responsibility to order any withdrawals / refunds of these sums and it will always be the Carrier's responsibility to define for which such withdrawals / refunds will take place.
11.2. Quotes sent to the Website may only relate to goods’ transport, shipment, removal and ancillary or similar activities. Carriers are not allowed to exploit the Membership as a means of buying or selling products or services other than the above.
11.3. Quotes sent by the Carriers must include EVERY cost that is predictably to be borne by the Sender, excluding VAT, for which the sender will find a separate indication according to the regulations in force concerning international transport of goods. The Carrier is not authorized to subsequently add the Commission to the price of the Quote.
11.4. The Carrier is responsible for any tax compliance related to the relationship with the Sender, including, by way of example but not limited to, the collection and payment of any VAT associated with the Agreements, the transport contracts subsequently concluded with the Sender and the operations of withdrawal / repayment of amounts in your Account (including the fulfillment of any obligation to affix a revenue stamp of the amount of E. 2.00 in invoices or receipts for an amount greater than E. 77.47 from release to the Sender).
12.1. Use of the Website is completely free for senders. For our part, a commission is charged to the Carrier whose Quote has been accepted by the Sender (the “Commission”).
12.2. The Commission is calculated as a percentage of the amount of the Quote accepted according to the following scheme:
|Quote accepted (excl. VAT)||Commission (excl. VAT)|
|€ 0.00 - € 250.00||8.9% of the amount, with a minimum € 9.9|
|€ 250.00 - € 500.00||€ 22.25 plus l'8.5% on the excess € 250.00|
|€ 500.00 - € 1,000.00||€ 43.5 plus il 7.5% on the excess € 500.00|
|Over € 1,000.00||€ 80.00|
For the sake of clarity, the amount (in euros) of the Commission will always be viewable by the Carrier at the time of sending a Quote.
12.3. We reserve the right to modify or suspend the application of the commission at any time, including against individual Carriers.
12.4. The application of the Commission takes place independently of the subsequent conclusion of the transport contract and / or the execution of the transport service.
13.1. The Commissions will be invoiced to the Carrier in a cumulative manner at the end of each calendar month.
13.2. The Carrier may pay the monthly invoice by drawing on the amounts available in his Account and /or by bank transfer within a maximum period of 30 days from the invoice date.
13.3. We reserve the right, without any notice or communication from us, to suspend the Carrier's Subscription.
14.1. The Website makes available an evaluation mechanism (feedback) through which the Sender assigns a judgment to the transport service eventually received by the Carrier.
14.2. The evaluation judgment (feedback) is substantiated by indicating the degree of satisfaction perceived by choosing one of the following options: "positive", "neutral" or "negative", and publishing a brief comment on the quality of the service rendered by the Carrier. We give the possibility to the carriers to publish a counter-feedbac.
14.3. We will not intervene to censor feedback. It is obviously understood that the use of improper, defamatory, offensive expressions, not pertinent to the service received and any abusive use of the evaluation mechanism (feedback) may lead to the cancellation of the Membership, the removal of illegal content and contrary to the rules of the present Website, in addition to the complaint to the competent authorities. The assessment regarding the lawfulness of the contents of the feedback for the purposes of this article is the responsibility of the Management, on a discretionary basis, after obtaining appropriate information, documents and / or statements from the parties involved. The release of feedback from a transporter registered on the Website against another transporter registered on the Website is not permitted.
15.1. Senders and Carriers can open a dispute, in relation to an accepted Quote, through the appropriate function present in the control panel of their personal area of the Website.
Opening a dispute means informing the other party and the Website managers that the other party (Sender or Carrier) is not complying with one or more clauses contained in these Terms including, by way of example:
- Article 9.5 - the Carrier's right to withhold the deposit in the event of withdrawal from the Agreement by the Sender or, vice versa, the Sender's right to obtain a refund of the deposit paid through the Website in the event of withdrawal from the Agreement of the Carrier;
- Article 14.3 - abuse of the evaluation mechanism (feedback), for example through the publication on the Website of defamatory, offensive feedback, not relevant to the service received or untruthful.
15.2. In the event of a dispute arising from the Sender (or from the Carrier):
a) The Sender (or the Carrier) is required to indicate in detail the reasons underlying the opening of the dispute;
b) the Carrier (or the Sender) receives a notice via email containing the reasons for the dispute indicated by the other party;
c) Any feedback and counter-feedback published on the Website by the parties are temporarily suspended, pending the opinion of the Website managers on the facts;
d) The parties are required to provide testimonials, documents or other information to the Website managers to evaluate the incident and to express an opinion on the dispute. All information must be received within 3 working days from the time these are requested by the Website managers;
e) The Website managers issue an impartial judgment on the dispute, in favor of the Sender or in favor of the Carrier, within 3 working days from the collection of the information indicated in point c). The judgment issued may include, among other things:
- The obligation for the Carrier to reimburse the booking deposit paid through the Website by the Sender; in the event of non-fulfillment, the Carrier accepts that the Website carries out such reimbursement on its behalf, unless it requests its subsequent compensation to the Carrier;
- The obligation for the Sender and / or the Carrier to modify or eliminate the feedback given to the counterparty as it is considered contrary to these Terms; in the event of non-fulfillment, the Sender and the Carrier agree that the Website will make such changes / deletions on their behalf.
15.3 The opening of a dispute cannot relate to events unrelated to these Terms such as, for example, any failure by the Sender or the Carrier to make agreements directly between the parties outside the Website. In these cases, in fact, the managers of the Website would not have sufficient elements (nor would they in any case be held, given their role as mere managers of the Website) to express a judgment on the merits of acts or events that occurred in private locations between Sender and Carrier.
15.4 In case of problems with the carrier, the Sender must open the dispute within 30 days after the date of delivery. In the event of disputes regarding the feedback received, the Carrier must open the dispute within 30 of the date of publication of the feedback.
In the event of disputes that are not scheduled, the operators of the Spedingo Website can decide whether to proceed with the processing of the dispute.
16.1. We expressly communicate that in the event of detection of fraudulent activity in the use of the contents of this Website, we reserve the right to suspend - refuse - cancel the Registration / Membership to the Website.
16.2. We are not obliged, and there will be maximum autonomy in this regard, to communicate the reason for which the Registration / Membership has been suspended - canceled - refused.
16.3. In case of refusal, suspension or cancellation of the Registration / Membership, the user can write to us to request the reactivation. In our full discretion we will evaluate the user's communication and decide accordingly without being in any way obliged to provide an express answer or motivation in this regard. The sending of the communication by the user does not bind us in any way and we will be free to reply or not or to send or not the reason for refusal.
17.1. The services provided by this Website or through it are governed by Italian law.
17.2. The competent Court for consumers (private users) is that provided for by Legislative Decree 2005, that is the mandatory territorial jurisdiction of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
17.3. The competent court for legal persons is the Court of Milan.
Last update March 2019