General Terms of Service
1. Subject
These general conditions define the manner in which transport services are carried out by ISTO É EXPRESSO, SERVIÇOS DE ESTAFETA, LDA, hereinafter referred to as VIADIRETA.
VIADIRETA undertakes to dispatch parcels to the destination agreed with the shipper and/or consignee from the moment of collection, following the route, procedures and transport methods it deems most appropriate for the proper provision of the service. All goods must be verified and recorded in the relevant documentation at the time of collection.
Delivery of goods shall take place at the consignee's door, without stowing. In cases where the dimensions or weight of goods prevent delivery by a single person, the Customer must provide appropriate mechanical means for unloading, or bear the cost of the number of persons required, and may request such mechanical means from VIADIRETA in accordance with the price list in force at the time of contracting.
VIADIRETA may carry out transport directly, through its own staff and resources, through companies it indirectly controls, or through various companies or persons to whom it subcontracts, in whole or in part, the transport. In all cases, these general conditions shall apply.
The issuance of the dispatch order by the shipper implies unreserved acceptance of these conditions.
These general transport conditions govern the contractual relationship established between VIADIRETA and the shipper, subject to the possible application of international conventions or any other legal provision.
2. Transport Restrictions
All goods that by their nature or mode of packaging may constitute a danger to the environment or health, or damage other transported parcels, are prohibited.
VIADIRETA may not transport dangerous and/or valuable products listed by ICAO and IATA, under ADR regulations, RPE regulations, or any other national or international regulation. The shipper undertakes to inform VIADIRETA of any non-visible characteristics of the parcel where these may have an impact on the conduct of the transport.
Where the shipper entrusts VIADIRETA with items covered by the above exclusions without disclosing this fact, the shipper shall bear sole and exclusive responsibility for any damage that the transport of such items may cause to VIADIRETA or any third party.
In the event of an incident, the shipper authorises VIADIRETA to dispose of the parcel in whatever manner it deems appropriate, including abandoning its transport.
3. Shipper's Obligations
Contents
It is the shipper's responsibility to provide VIADIRETA with all legal documentation required by the legislation applicable to the circulation of goods in Portugal. Such documentation must be affixed to the outside of the packages. VIADIRETA reserves the right to suspend transport from the point at which it detects the absence of the required documentation.
VIADIRETA will immediately contact its Customer to communicate the occurrence. The Customer shall be responsible for any period during which the shipment is halted, as well as for any contraventions or fines imposed as a result of such omission.
The shipper is responsible for the information on the consignment note and, in particular, for all mandatory details, including their complete data and the consignee's details.
A PO box address alone is not sufficient; the shipper must provide the full address to allow delivery under normal conditions in accordance with these general transport conditions.
Since VIADIRETA is unaware of the contents and value of the parcel, the shipper hereby accepts responsibility for ensuring that the parcel complies with all applicable legal or regulatory provisions for any type of transport.
VIADIRETA will only collect the packages specified in the Customer's request. Any change to collection/delivery must be communicated to VIADIRETA in sufficient time for the collection to take effect.
Packaging
Parcels are packed by the shipper in a closed/sealed, sturdy package appropriate for the contents and transport requirements, so as to protect them from normal transport risks, including loading, unloading and transhipment. VIADIRETA reserves the right to suspend transport from the point at which it detects that the packaging/packing of the shipment is inadequate.
Otherwise, the parcel will travel at the shipper's own expense and risk, and VIADIRETA shall bear no liability for any incident involving it.
The shipper is liable for all damage caused to third-party parcels or VIADIRETA's equipment due to defects in the goods or packaging dispatched by the shipper.
Consignment Notes
All services are accompanied by a data record created on VIADIRETA's website.
All deliveries will be accompanied by the Consignment Note or substitute document, placed on the parcel by the customer, stating the date, name and telephone contact of the consignee.
All operations will be supported by a Customer manager who forms part of a team duly instructed for the set of operations defined between the parties, and who can provide information on the progress of operations at any time.
All returns will be classified, stating, at least briefly, the reason for return, in digital format, and accompanied by a listing covering the entire operation, which will accompany the goods to be returned.
The following instrumental documents establish the existence of a goods transport contract: the consignment note or listing completed by the shipper, or the data file sent electronically by the shipper, as well as the customer account opening or data update form, or price table amendment form.
Use of our services implies knowledge and acceptance of Customs Formalities. The shipper is responsible for the correct submission of all documents required to complete customs formalities in accordance with the legislation applicable in the country of origin and country of destination of their parcels. In particular, the shipper must provide VIADIRETA with invoices and other documents necessary for customs clearance. The shipper assumes full responsibility for the conformity of these documents.
The shipper is also responsible for the payment of any charges incurred at the consignee's end in the event of non-compliance by the consignee.
In light of the foregoing, the shipper accepts that VIADIRETA shall not be held liable for facts or omissions attributable to the shipper or the customs service (for example, due to a lack of information regarding required documents or prohibited products in the destination country).
Weight
VIADIRETA reserves the right to correct any discrepancy in weight or volume identified during the execution of the goods transport contract.
Where corrections arise from errors or omissions, the shipper hereby authorises VIADIRETA to regularise the invoiced amounts in line with any changes made to the service actually provided.
Right of Recourse
For failure to comply with the formalities imposed by Decree-Law 147/2003 of 11 July, which regulates the regime for goods in circulation, relating to the parcel and accompanying documents, the shipper is solely responsible for all fines, penalties and administrative offences applied to VIADIRETA, and any resulting losses.
In respect of any indemnities that VIADIRETA is required to pay to third parties due to defects in the shipper's packaging or goods, VIADIRETA has a right of recourse against the shipper.
4. Right of Inspection
The shipper expressly acknowledges that VIADIRETA or any other governmental authority, including customs authorities, has the right to open and inspect entrusted parcels at any time, without such exercise of the said right affecting the shipper's sole responsibility for the authenticity of their declarations.
5. Delivery
Proof of delivery shall be obtained by the consignee's signature on the relevant delivery sheet and/or on a PDA (personal digital assistant) presented by the VIADIRETA delivery person.
Where the consignee is a legal person, proof of delivery shall be obtained by the signature of a duly authorised employee at the address shown on the consignment note.
In cases where, for reasons beyond VIADIRETA's control, goods cannot be delivered to the consignee and must be stored for more than five working days, VIADIRETA reserves the right to charge a storage fee of €0.70/kg/working day.
After 1 (one) year during which undelivered parcels and goods stored at VIADIRETA's premises have not been duly claimed or collected by the shipper or consignee, ownership of such items passes to VIADIRETA, which may dispose of them as it sees fit, with the right to be reimbursed for storage costs incurred.
6. Liability
Without prejudice to the provisions below and save as required by mandatory legal provisions, and also without prejudice to compliance with the claims procedure set out in clause 7 of these conditions, VIADIRETA shall only be liable for partial loss or damage to transported goods where the consignee has, at the time of delivery by VIADIRETA, made a record noting any anomalies in the packages.
Domestic Transport
VIADIRETA is liable for total or partial loss of goods or damage occurring between the time of collection and delivery. VIADIRETA is responsible, as if committed by itself, for the acts and omissions of its employees, representatives or subcontractors.
The rate applied by VIADIRETA includes the price of CMR insurance, as legally required, covering losses and damage relating to the transport of the parcel up to a maximum value of €10/kg per shipment, in accordance with Decree-Law 239/2003 of October. The maximum coverage value is €300 (three hundred euros) per parcel. This per-kg indemnity limit only applies where the commercial value of the goods exceeds it.
Additionally, the customer may arrange supplementary insurance at additional cost for higher coverage. The customer is not obliged to take out additional insurance with VIADIRETA.
VIADIRETA's liability is triggered by the value of the goods at the date they were entrusted to it, the cost of repair, or the direct costs of reconstituting documents.
Compensation for delay in delivery may not exceed the transport price and is only due where the interested party demonstrates actual loss resulting therefrom. For the purposes of delay in delivery, the transport service commences at the time of collection, not at the time the collection is requested from VIADIRETA.
VIADIRETA's liability is excluded where loss, damage or delay is due to the nature or inherent defect of the goods, fault of the shipper or consignee, or a fortuitous event or force majeure.
VIADIRETA's liability is also excluded where loss or damage results from risks inherent in any of the following:
- Absence or defective packaging of goods that by their nature are subject to loss or damage when not properly packaged;
- Handling, loading, stowing or unloading of goods by the shipper or consignee, or by persons acting on their behalf;
- Insufficiency or imperfection of marks or symbols on the packages.
Delay
VIADIRETA undertakes to make every effort to provide the service within the stipulated timeframe.
In the event of delay in delivery in domestic or international transport, subject to applicable legal or regulatory provisions, VIADIRETA's liability is limited to the transport price.
VIADIRETA assumes no liability for delays in shipments whose packages are not unambiguously labelled with: the shipper's full name and address, the consignee's full name and address, and the number of packages in the consignment; nor for delays due to inability to deliver to the consignee, accident, heavy traffic, adverse weather conditions, road or bridge closures, etc., or other circumstances beyond VIADIRETA's responsibility.
Non-Compensable Loss
VIADIRETA cannot be held liable for intangible or indirect losses, whatever the cause.
7. Claims
At the time of delivery, any damage or spoliation must be the subject of precise, complete, dated and signed reservations by the consignee on the delivery sheet. However, VIADIRETA's employees may provide any information they consider relevant to explain the damage or spoliation.
If the consignee receives the goods without making the reservations referred to herein, the goods are presumed to have been in good condition and the consignee loses the right to raise such reservations.
Detailed reservations placed by the consignee on the delivery sheet at the time of delivery must be referred to in any claim for damage or partial loss. Otherwise, the claimant must provide evidence that the damage occurred during transport.
Outside the cases mentioned above, any claim must be set out in writing and sent to VIADIRETA within 30 (thirty) days from the actual or expected delivery date.
The claim must be substantiated and accompanied by supporting evidence of the damage caused (consignment note, purchase invoice, etc.).
The claim will be accepted and examined on condition that the transport price has been paid.
8. Cash on Delivery (COD)
Failure to settle the amounts due as cash on delivery, payable by the consignee, prevents delivery of the goods to the consignee; the goods may be returned or a second delivery attempt made.
The shipper has 30 (thirty) days from the date of dispatch to submit claims regarding the cash on delivery amount agreed with VIADIRETA.
Payment Method: Cheque
At the time of delivery, the consignee shall issue a cheque payable to the shipper for the relevant COD amount, as indicated by the shipper in the appropriate field of the Consignment Note and on the packages of the consignment to which the COD relates.
It is not VIADIRETA's responsibility to verify the conformity of the cheque received; accordingly, VIADIRETA cannot be held liable for any errors or defects in cheques issued by consignees to pay the COD amount, including dates shown on cheques, international cheques not accepted in Portugal, forged cheques, errors in the identification of the issuer, required signatures, alterations, subsequent cancellation by the issuer, endorsements, and/or insufficient funds.
The shipper accepts that the COD may be paid by multiple cheques and/or by a single cheque covering several COD shipments.
Upon receipt of the cheques, the shipper has 48 hours to raise any claims regarding the amounts shown in the Cheque Return Schedule.
In the event of loss or misplacement of a cheque by VIADIRETA, VIADIRETA will immediately request the payment instrument issuer to cancel the issued cheque and issue a new cheque for the same amount, with VIADIRETA bearing any resulting bank cancellation costs. VIADIRETA shall under no circumstances be liable for the value of the cheque.
Payment Method: Cash
VIADIRETA makes a bank transfer to the IBAN provided by the shipper in accordance with the particular conditions established between the parties.
If the IBAN is changed, it is the customer's responsibility to inform VIADIRETA of the change. If bank charges arise because the IBAN is no longer valid, VIADIRETA reserves the right to invoice such costs to the shipper.
Upon receipt of the amount in the bank account, the shipper has 48 hours to raise any claims regarding the amounts transferred.
Signed Consignment Notes
In the event of failure to return a signed consignment note, VIADIRETA's liability is limited to the cost of the relevant transport service.
9. Service Price
Weight
The weight to be invoiced shall be solely and exclusively that shown on the calibrated electronic scales located at VIADIRETA's premises.
VIADIRETA reserves the right to apply volumetric weight, which reflects a weight/volume ratio appropriate to the contracted service (road and/or air transport), and may be applied whenever the volumetric weight exceeds the actual weight of the parcel.
Fuel Surcharge
The transport price is subject to a monthly variable fuel surcharge. VAT will also be added where applicable.
Invoicing
Prices do not include duties, fees, levies and taxes arising from the application of all applicable regulations, including fiscal, customs and airport regulations.
Payment
Payment must be made in accordance with the payment terms agreed and set out in the relevant invoices/debit notes, and only upon acceptance of the parcel. No discount shall apply for early payment. Any delay or failure to pay shall, by operation of law and without prior formal notice, result in the immediate enforceability of amounts due, together with default interest at the applicable legal rate, without prejudice to any damages or other charges that VIADIRETA reserves the right to claim. All outstanding amounts shall accrue default interest from the date on which the payment deadline expires until actual and full payment.
Claims
Without prejudice to the provisions of section 7, any claim regarding the contents of an invoice must be submitted within a maximum period of 30 days from the invoice date, failing which it will not be accepted by VIADIRETA.
10. Right of Retention
VIADIRETA has a right of retention over goods and, in the case of cash on delivery (COD), over the amounts received, as security for the payment of outstanding debts it holds in respect of goods transport services provided.
11. Limitation Period and Good Faith
The right to compensation for damages arising from VIADIRETA's liability is subject to a limitation period of 1 (one) year. This period runs from the date of delivery of the goods to the consignee or their return to the shipper, or, in the case of total loss, from the thirtieth day after VIADIRETA's acceptance of the goods.
Both parties undertake to observe these general transport conditions, respecting the general principle of commercial good faith and contractual cooperation.
12. Payment Terms
Unless expressly agreed otherwise, VIADIRETA issues its invoices monthly for all services ordered.
The customer undertakes to settle invoices for goods transport services carried out by VIADIRETA within the maximum commercially agreed payment period from the invoice date. Failure to comply with this condition shall constitute grounds for unilateral termination with just cause of this agreement, without prior notice.
In addition to the measures set out in the preceding paragraph, VIADIRETA reserves the right to exercise retention over transported goods as security for the payment of outstanding debts in respect of transport services provided (see Decree-Law No. 239/2003 of 4 October as amended by Decree-Law No. 145/2008 of 28 July).
In respect of overdue invoices, VIADIRETA reserves the right to charge default interest at the maximum applicable legal rate for the relevant period, from the date of default until full and effective payment.
Contract Validity Period
Rate agreements entered into with VIADIRETA have a validity period of 1 year, which shall be renewed for equal and successive periods unless terminated with 60 days' prior written notice by either party.
VIADIRETA may at any time terminate the agreement or propose its amendment if the underlying assumptions for its preparation are altered or are not met.
13. Privacy Policy
VIADIRETA ensures the processing of personal data in compliance with the rules established by Regulation (EU) 2016/679 of 27 April 2016.
The collection and processing of personal data provided to VIADIRETA, as well as the exercise of data subjects' rights in relation to such data, are governed by this Privacy Policy, by internal regulations and other instruments used by VIADIRETA, to the extent applicable to data subjects.
Please consult our Privacy Policy for further information.
14. Applicable Law and Jurisdiction
For matters not covered or gaps in the general conditions set out in this document, the law of VIADIRETA's domicile shall apply, meaning Portuguese law and/or international conventions to which the Portuguese State is a party.
Any dispute relating to the interpretation, performance or termination of this contract shall be settled by the Judicial Court of Loures, within the jurisdiction of the Comarca de Lisboa Norte.