Legal

Terms & Conditions

These Terms & Conditions govern the services provided by Europacific d.o.o. ("Europacific", "we", the "Freight Forwarder") and the use of this website. All freight forwarding and logistics services we perform are subject to the General Terms and Conditions of Business of International Freight Forwarders of Slovenia (the "General Conditions"), which form an integral part of every freight forwarding contract concluded with us. The summary below reflects those General Conditions; the full text applies and prevails and is available on request.

1. Scope and Application

The General Conditions apply to all freight forwarding and logistics services and are an integral part of any freight forwarding or logistics contract, or any other contract whose subject includes the performance of such services. It is deemed that the parties have agreed to the use of these General Conditions where this is stated in the contract, in our offer or order form, in our acceptance of your order, or in any correspondence leading to the conclusion of the contract. Nothing in these conditions shall be interpreted as increasing the Freight Forwarder's liability beyond mandatory law.

2. Definitions

"Freight forwarding and logistics services" means any services related to organising and carrying out transport (single, combined or multimodal), collection, storage, packing, distribution and handling of freight, together with ancillary and advisory services, insurance handling, provision of documents, payment of costs, customs, inspection, tax and administrative procedures, and the organisation of the supply chain. "Customer" (or Principal) means the person placing the order or concluding the contract with us. "Carrier" means the person undertaking or performing the transport. "SDR" means Special Drawing Rights as defined by the International Monetary Fund. "FIATA" means the International Federation of Freight Forwarders Associations.

3. The Freight Forwarding Contract

By concluding a freight forwarding contract, Europacific agrees to conclude transport and/or other contracts required to carry out the transport, for and on behalf of the Customer (or in its own name and on the Customer's account), and to perform the other agreed services. The Customer agrees to fulfil its obligations under applicable law, the contract and these conditions, and to remunerate the Freight Forwarder and reimburse its expenses. The contract may be concluded by signature, by the Customer's acceptance of our offer, by our acceptance of the Customer's order, or by a conclusive act (such as us commencing the service or the Customer handing over the freight).

4. Offers and Orders

Our offer covers only the services expressly listed in it; where services are not listed, the offer relates only to those indispensable for the freight forwarding. Unless expressly stated to be binding, an offer is not binding; a binding offer is valid until the stated acceptance date or, failing that, for three working days. We may amend contractual elements relating to third-party conditions beyond our control (e.g. carrier, warehouse or insurer conditions, regulatory measures, price increases, exchange-rate differences, customs and tax rates) even after acceptance. Orders should be given in writing and must contain all information necessary for correct and timely execution. Our silence does not constitute acceptance of an order.

5. Obligations and Warnings of the Customer

The Customer warrants that it is the rightful owner of the freight or is duly authorised to dispose of it. The Customer must give complete and accurate information and must strictly and clearly warn us, in the order, of any special characteristics of the freight relevant to the service — including, but not limited to: goods of high value (equal to or exceeding SDR 2 per kg gross, or a package value of SDR 666.67 or more); dangerous, hazardous, perishable or temperature-sensitive goods; valuables, money and securities; food, alcohol and tobacco; live animals, plants and animal products; weapons and ammunition; goods exposed to increased risk of theft; and goods that may infringe third-party rights. All costs, damages and consequences arising from concealed, incomplete or false information, or from omitted warnings, shall be borne by the Customer.

6. Performance and Instructions

We strictly observe the Customer's instructions. Where instructions are missing, unclear, incomplete or contradictory and cannot be clarified in time, we shall act in the Customer's best interest, and the Customer shall reimburse any resulting costs. We may use standardised transport documents and modern information technology, and we are entitled to accept the usual contracts, conditions, usages and tariffs of carriers, ports, warehouses and other parties involved in performing the service.

7. Remuneration, Payment and Advances

Unless otherwise agreed in writing, our invoices fall due within eight days of the invoice date, and objections to an invoice must be raised within the same period. In case of late payment we are entitled to statutory default interest or, where none is set, 15% per annum. The undisputed part of an invoice must always be paid on time. We may request advance payment, payment of anticipated expenses, or an unconditional first-demand bank guarantee at any time; where we advance our own funds, we are entitled to a commission. Payments are made in the official currency of the Republic of Slovenia unless otherwise agreed, and exchange-rate differences are borne by the Customer.

8. Fixed-Price (Flat-Rate) Freight Forwarding

The parties may agree that we perform the service for a fixed charge, in which case the agreed payment includes our work, freight charges, customs, storage and similar costs required to execute the order. Such an agreement is never presumed and must be clear, express and unambiguous. Public levies, taxes, excise duties, insurance premiums, bank-guarantee costs, general average and extraordinary actions are charged separately in addition to the flat rate.

9. Liability of the Freight Forwarder

Europacific acts with due diligence and in the Customer's interest. We are responsible for the careful selection of carriers and other contractors (storage, transhipment, packing, insurance, etc.) but not for their performance, except where we act in our own name and on the Customer's account or as a multimodal transport operator. We are liable only for ordinary property damage (actual loss), and not for indirect or consequential loss, loss of profit, income, market or reputation, contractual penalties, or the cost of alternative services. We are not liable for damage arising from the nature or defects of the freight, faulty packing, the Customer's instructions or omissions, force majeure, weather, strikes, regulatory measures, war, robbery or theft, or acts performed in accordance with the law and these conditions.

10. Limits of Liability

Where our liability is established, it is limited by the applicable convention, national legislation or regulation governing the relevant type of transport, handling or service in which the loss, damage or delay occurred. Where no such rule applies or contains a limit, our liability for loss, damage or destruction of freight is limited to SDR 5 per kg of gross weight (SDR 2 per kg for multimodal transport), and in any case to a maximum of SDR 25,000 per incident (or several incidents with the same cause). Liability for delay, where a deadline has been accepted, is limited to twice the remuneration for the relevant service, subject to the same overall cap. Our cumulative liability shall never exceed the value of the damaged, destroyed or lost freight. We may assume higher liability only by an express written clause and against additional payment.

11. Notice of Claims and Inspection Deadlines

Unless loss or damage that is apparent on takeover is noted immediately, and non-apparent loss or damage is notified in writing within 7 days of takeover, the freight is deemed to have been delivered in good order. Claims for total loss must be submitted within 21 days after expiry of the delivery period defined in the General Conditions. Other faults (including delay) must be raised within 7 days of performance. The burden of proving timely notice lies with the Customer.

12. Lien and Retention

To secure payment of its claims under the freight forwarding contract (including claims from earlier contracts), Europacific has a lien on and the right to retain the freight in its custody, together with any COD amounts or proceeds received. If the Customer fails to pay, we may sell the freight out of court in accordance with applicable law once the claim falls due.

13. Insurance

We arrange cargo insurance only upon the Customer's express written order. Absent such an order, the freight is not insured. Where insurance is arranged, it is subject to the terms of the chosen insurer.

14. Storage

We organise or perform storage on the Customer's express order, or without it where required to carry out the service (e.g. groupage, customs formalities). Unless agreed otherwise, storage lasts three months and is tacitly renewed. We may choose the warehouse, keeper, location and manner of storage absent written instructions. Our liability for loss, damage or destruction during storage is limited as set out in the General Conditions (generally SDR 5 per kg, capped at SDR 5,000 per incident, or the actual value if lower).

15. Governing Law and Jurisdiction

Unless agreed otherwise in writing, Slovenian law applies to all disputes arising from or in connection with the freight forwarding contract, and the competent court at Europacific's registered seat has jurisdiction. Where these conditions are translated, the Slovenian text prevails as the original.

16. Website Terms of Use

This website presents general information about Europacific and its services. Content is provided for information purposes only and does not constitute a binding offer. We endeavour to keep information accurate and up to date but accept no liability for errors, omissions or the consequences of reliance on website content. All trademarks, logos, text and images are the property of Europacific or their respective owners and may not be reproduced without permission. External links are provided for convenience and we are not responsible for third-party websites. Contact form and shipment-tracking data are processed in accordance with our Privacy Policy.

17. Contact

For questions regarding these Terms & Conditions or to request the full text of the General Terms and Conditions of Business of International Freight Forwarders of Slovenia, please contact Europacific d.o.o. via the contact details published on this website.