PARCEL2GO.COM
TERMS AND CONDITIONS
Please read these Terms and Conditions with care
and particularly clauses 3.2, 6, and 8, which set out the extent of our liability
under these terms and conditions and provide for an indemnity by you in certain
circumstances.
Please note that certain items are prohibited from our
Services. Check your item against the prohibited item list here:
http://www.parcel2go.com/shipping-items.aspx#prohib.
Certain other items are carried without compensation
cover for damage and are at your risk (i.e. we will not accept any liability
for damage to these items caused through the use of our Service). Check your item
against the item list not covered for compensation here:
http://www.parcel2go.com/shipping-items.aspx#unins.
Certain other items require more detail from you before
they can be sent using our Service. Check your item against the more information
required list here: http://www.parcel2go.com/shipping-items.aspx#moreinf.
Standard Terms of Contract
1.Definitions
In these Terms and Conditions where the following terms
are used, they shall have the following meanings:
(a)“Consignment” means any item(s)
of any sort which are, may be, or are intended to be, received by us from any one
sender at an address for us to carry and deliver to any recipient at any other address.
(b)“Damaged Consignment”
means a Consignment that is no longer in the condition in which it was received by us.
(c)“The Collection Point”
means the address at which a Consignment is received or collected by us.
(d)“Purchased”
means when you accept the Service Order.
(e)“The Delivery Point” means the
address to which any Consignment is delivered by us.
(f)“The Excepted Risks” means:
(i)war, invasion, act of foreign enemy, hostilities
(whether war be declared or not), civil war, rebellion, revolution, insurrection
or military or usurped power, or loot, sack or pillage in connection, and/or
(ii)ionising radiations or contamination by radioactivity
from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel,
and/or
(iii)radioactive, toxic, explosive or other hazardous
properties of any explosive nuclear assembly or nuclear component of the same, and/or
(iv)pressure waves caused by aircraft and other aerial
devices travelling at the speed of sound or faster, and/or
(v)the absence, failure or inadequacy of the packing
or packaging used for a Consignment.
(g)“The Service Order” means the
summary of the order displayed at step [xxx] of the ordering process which
is confirmed to you in the confirmation e-mail that is sent once acceptance of the
order has occurred.
(h)“This Agreement” means
these terms and conditions, together with the Service Order.
(i)“Us, We or Our”
means Parcel2go.com Limited, together with its directors, employees any
agents subcontractors or couriers acting on its behalf.
(j)“You” means the customer who is
contracted with us as set out in the Service Order.
(k)“Service” means the service and
carriage of a Consignment by us in accordance with the particulars set out in the
Service Order.
2.Our Obligations
2.1 We will carry out the Service(s) for you whilst
this Agreement is in force, in return for the payment by you to us of the price
set out in the Service Order and in accordance with the terms of this Agreement.
2.2 We shall have the right to make any changes to the
Service(s) which are necessary to comply with any applicable law or safety requirement
or which do not materially affect the nature or quality of the Service(s) and we
shall notify you of any such changes.
2.3 We warrant that the Service(s) will be provided
using reasonable care and skill.
3.Loading and Unloading
3.1 If collection or delivery of a Consignment takes
place at your premises, we shall not be under any obligation to provide any equipment
or labour which, apart from the driver collecting the Consignment, may be required
for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring
any special equipment for loading and unloading shall be accepted by us for transportation
only on the understanding and condition that such special equipment will be made
available at the Collection Point and the Delivery Point as required.Where such
equipment is not available and if we agree to load or unload the Consignment (or
part of the Consignment) we shall be under no liability or obligation of any kind
to you for any damage caused (however it may be caused) during the loading or unloading
of the Consignment.This includes any damage caused whether or not by our negligence
and you shall agree to indemnify and hold us harmless against any claim or demand
from any person arising out of our agreeing to load or unload the Consignment in
these circumstances.
4.Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment
during normal working hours. If we cannot obtain a
delivery receipt at the Delivery Point you agree that we shall be authorised to
attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative
address close to the Delivery Point and (if successful) we agree that we will leave
at the Delivery Point details of the address to which we have delivered the Consignment.
If we are unable to deliver, either to the Delivery Point or a nearby address, we
shall return the Consignment to our premises and leave a request for the recipient
of the Consignment to contact us to make alternative delivery arrangements to the
Delivery Point.If the recipient does not contact us to arrange the alternative delivery
within 7 days we will return the Consignment to you at your cost (such cost
to be discharged before delivery to you).
4.2 If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7.
5. Sub-Contractors
5.1 You agree that we may use another carrier in order
to support our provision of the services to you (this will be at our own expense)
and you agree that both we and this other carrier shall be entitled to the protection
of all of the terms of this Agreement which exclude or limit liability for any losses
or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE
AND THE LIMITS OF OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within
these terms and conditions shall be deemed to affect your rights under the Unfair
Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as
a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest
extent legally possible and you are further referred to additional terms relating
to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude
our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s)
in a professional manner with the appropriate level of skill and care.However, damage
to a Consignment may still occur as a consequence of our handling of it and in such
circumstances, our liability shall be limited as set out in these it terms and conditions.
The reasoning behind this limitation of our liability is as follows:
(a) The value of a Consignment and the amount of potential
loss to you that could arise if a Consignment is damaged or lost is not something
which we can easily ascertain but is something which is better known to you.In many
cases it cannot be known to us at all and can only be known to you;
(b) The potential amount of loss that might be caused
or alleged to be caused to you is likely to be disproportionate to the sum that
we could reasonably be expected to charge you for providing the Service(s) under
this Agreement;
(c) It is not possible for us to obtain cover which
would give unlimited compensation for our full potential liability to all of our
customers and, even if it were, such cover would be much cheaper if taken out by
you (rather than us taking out such cover and passing the cost on to you) and on
that basis, it is more appropriate for you to take out such cover;
(d) We wish to keep the costs of providing the Service(s)
to you as low as possible;
(e) In light of the above we wish to limit our liability
for any damage caused to you to levels which we consider proportionate to our low
charges for providing the Services. These amounts are set out in clause 6.5;
(f) In these Terms and Conditions, damage to
you means any damage suffered by you (including any loss of, or damage to, a Consignment
and any other loss, whether or not known to you or us or in either of our contemplation
at the time of entering into this Agreement), however it arises but only so long
as it is caused by our negligence, breach of duty or other wrongful act or omission
(which includes any deliberately wrongful act or omission) and any breach of any
the terms of this Agreement, or any terms implied by statute (where applicable);
(g) We investigate all claims received by us in a fair
and speedy manner, but such investigations are more accurate and are easier to perform
soon after the loss or damage is alleged to have incurred and on that basis, the
timescales set out in this Agreement are necessary to ensure that such investigations
can be performed fairly.
The Extent of our Liability
6.4 We shall only be liable for damage or loss caused
to you if it is caused by our negligence, breach of duty or other wrongful act or
omission, and only subject to the limitations set out within this clause 6 and clause
7;
6.5 We shall not be liable to you under any circumstances
for any direct or indirect loss (including, but not limited to loss of profits,
or loss of goodwill) or for any other special or indirect losses, costs, damages,
or claims which do not arise naturally as a result of our negligence, breach of
duty, or other wrongful act or omission.
6.6 We shall not be liable to you under any circumstances
where there are any material discrepancies (meaning more than 10% difference) between
the declared dimensions and weights and the actual dimensions and weights.
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall
(subject always to clause 7) only be liable to you up to the following amounts in
the following circumstances:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of £50 (£20 for Hermes, City Link Standard, Collect+ and Yodel48 services). If however
this maximum figure is greater than the actual value of the Consignment then we
shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.7(a)
above shall be pro rated down to represent the proportion that the actual value
of that part of the Consignment bears to the actual value of the whole Consignment
(so, by way of an illustrative example, if the whole Consignment was worth £50 (£20 for Hermes, City Link Standard, Collect+ and Yodel48 services),
and we lost or damaged one quarter of it, we would only be liable for 25% of the
figure worked out under clause 6.7(a) above, i.e. £12.50 for the £50 service and £5 for the £20 service);
(c) If we cause you loss or damage arising in
any other way, a maximum of £50 (£20 for Hermes, City Link Standard, Collect+ and Yodel48 services)
in respect of any Consignment.
If you consider that the potential loss to you caused
by the loss or damage of all (or part) of a Consignment would exceed the figures
set out above you must arrange separate cover or insurance to cover such
potential loss.If you do not do this then we shall not be liable to you for more
than the amounts set out above and you shall be responsible for the risks in any
amounts not covered through such cover or insurance (or lack of).
We will not be liable to repay you the value of the Consignment as at
the time it was purchased by you. Consignments by their nature are
subject to depreciation. You are advised to take out a “new for old”
insurance policy should you wish to be compensated in this way. Our
liability to you is limited to the amounts set out within this clause 6
and based on the actual value at the date of loss.
6.8 In order to ascertain the extent of our liability
above, we shall require proof of the value and weight of the entire Consignment
and any part or parts of it which make it up and you must ensure that, prior to
our collection of the Consignment, you have a record of these. For the avoidance
of any doubt, and without affecting clause 6.5, we shall only be liable for the
replacement value of the Consignment and not for any sums that would amount to profit
on the Consignment or applicable value added tax (or like tax) on such profit.
6.9 If a claim arises as a result of damage to the whole
or part of a Consignment and if we settle the claim for a sum equal to or greater
than the value of the Consignment, then we shall be entitled to claim ownership
of the Consignment and deal with it as we see fit.< For the avoidance of any doubt,
we shall be responsible for the cost of recovery of the Consignment.
6.10 If you wish to combine a number of discrete packages
you must do this within an outer box or packaging fully encompassing each discrete
package. If you do not do this and any individual discrete package(s) come apart
in transit resulting in one or more of them being lost, then once the remaining
parcel(s) are signed for by the recipient, you accept that you cannot make a claim
for loss or partial loss of that consignment.
Notification of Claims
6.11 We shall not be liable to you under any circumstances
for any loss or damage unless you notify us either by our live help
service (via our website) OR by written notice of the details of the
alleged claim to The Cube, Coe Street, Bolton, BL3 6BU within:
(a) 14 days of delivery of the Consignment
in the case of damage to all or part of a Consignment or loss of part of a Consignment;
(b) and in all other cases (including, but not limited
to, loss of the whole of a Consignment) within 28 days from when the Consignment
was collected or received by us.
Refunds
6.12 All requests for refunds must be submitted in writing to The Cube, Coe Street, Bolton, BL3 6BU and received by us within 28 days from the date the Service was Purchased.
Special Provisions
6.13 (a) We shall not, in any circumstances, be liable
to you for any damage caused arising directly or indirectly as a result of any of
the Excepted Risks.
(b) If at any time we are prevented or delayed from
starting, carrying out or completing any of the Services because of a strike, lock
out, labour dispute, weather conditions, traffic congestion, mechanical breakdown
or obstruction of any public or private road or highway or any other cause beyond
our control, you shall have no claim for damages against us for any loss that you
may suffer as a result PROVIDED that, where the delay is caused by the mechanical
breakdown of one of our vehicles, we shall use our best endeavours to provide a
replacement vehicle with the minimum delay practicable.
(c) We shall not in any circumstances be liable for
any late delivery or missed delivery or failure to deliver caused by or contributed
to by any deficient or ambiguous labelling of a Consignment and you agree to be
responsible for ensuring that such labelling is clear and unambiguous.
Your Default
6.14 If our performance of any of our obligations under
this Agreement is prevented or delayed by any act or omission by you or failure
by you to perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies)
have the right to suspend performance of the Service(s) until you remedy Your Default
and, and we shall have the right to rely on Your Default if Your Default prevents
or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that
you may suffer that arising directly or indirectly from our failure or delay to
perform any of our obligations; and
(c) you shall reimburse us on written demand for any
costs or losses sustained or incurred by us arising directly or indirectly from
Your Default.
7. International Carriage
7.1 If we are requested to collect from, or deliver
a Consignment to, a country outside of the United Kingdom our terms of liability
(subject to clause 7.2 below) shall be governed by the relevant provisions of the
Convention on the Contract for International Carriage of Goods by Road as set out
in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the
CMR Regulations”) and, in particular, articles 17 onwards and those provisions
shall be deemed to be incorporated into this Agreement and will apply in place of
any inconsistent terms within this Agreement. We can provide a copy of these provisions
if requested, but even if these are not requested you will be deemed to have read,
understood and agreed to them and their incorporation into this Agreement.
7.2 If the carriage of any Consignment occurs by air
travel and involves stopping in a country other than the country of departure then
the Montreal Convention as amended shall be generally applicable to such part of
the carriage as occurs by air and, in particular, our maximum liability in respect
of loss of or damage to any such Consignment during air travel shall be limited
to the amount set out in the Montreal Convention [namely £1,870 per ton of
the gross weight (i.e. including any and all packaging) of the Consignment].
7.3 We shall not be responsible for any local customs
charges, import taxes or duties or any similar charge(s) incurred through our carriage
and/or delivery of any Consignment and you must satisfy yourself as to whether any
of these charges will become due, and if so in what amounts, before completing an
order with us. If any such charges become due as a result of our carriage and/or
delivery of a Consignment on your behalf and are charged to us by any competent
authority you agree to reimburse us fully in respect of the same within 7 days of
our demand.
8. Your Indemnity
8.1 We shall assume, for the purposes of this Agreement,
that you are the sole owner of every item dispatched in the Consignment but if any
other person makes a claim against us for loss of or damage to any such items beyond
our liability to you then you agree that you shall indemnify us against any losses
or liabilities that we suffer through that claim (including all legal costs and
expenses) and you agree that we shall have no liability to you in these circumstances,
regardless of whether such claims exceed any limitations of liability set out in
this Agreement.
8.2 You agree to indemnify us against any losses or
liabilities that we may suffer through the loss of, or inability to deliver, a Consignment
caused by deficient or ambiguous labelling of such Consignment.
8.3 You agree to indemnify us against any losses or
liabilities that we may suffer through a breach by you of any of your obligations
set out in clause 10.
9. Payment
9.1 If you are a business customer with a business account
then:
(a) you shall make payment to us within 7 days of the
relevant invoice being issued to you, such invoice to be issued monthly [in arrears];
(b) without limiting any other right or remedy of ours,
if you (as a business customer only) fail to make any payment due to us by the due
date for payment, we shall have the right to charge interest on the overdue amount
at the rate of 8% per annum above the then current Bank of England’s base
lending rate accruing on a daily basis from the due date until the date of actual
payment of the overdue amount, whether before or after judgment, and compounding
quarterly;
(c) you shall pay all amounts due under this Agreement
in full without any deduction or withholding except as required by law and you shall
not be entitled to assert any credit, set-off or counterclaim against us in order
to justify withholding payment of any such amount in whole or in part.We may, without
liming our other rights or remedies, set off any amount owing to us by you against
any amount payable by us to you.
9.2 If you are not a business customer with a business
account you shall pay all charges applicable in respect of the Service(s) provided
by us in accordance with the payment terms set out in the Service Order.
9.3 Should the provision of any Service(s) mean that
we have to deliver a Consignment on a bank or other public holiday we shall be entitled
to make a reasonable extra charge for any additional costs incurred by us as a result.
9.4 All charges stated, whether by invoice or in the
Service Order, shall be exclusive of any applicable value added tax which shall
be added to the total sum payable to be repaid by you.
10. Prepay
10.1 At any time where we offer customers a system of
payment on account with bonus credit being applied to such accounts, we shall refer
to such system as “Prepay” and the additional provisions of this clause
10 shall apply.
10.2 Your current Prepay credit and any applicable bonus
credit shall be separately recorded and the total balance of these credits shall
be shown in your account through our website.
10.3 When you accept the Service Order our system will
check your Prepay credit and bonus credit balance. The price set out in the Service
Order shall be deducted from the balance. If such deduction would result in a negative
balance then you shall make up the difference in accordance with the provisions
of clause 9 (Payment).We may set a minimum pre pay limit from time to time on any
credit payments made to your pre pay account and these will be notified to you through
our website (currently £20).
10.4 Any payment made on account under the Prepay system
shall be deemed as a payment for services to be ordered from us.After the initial
refund period described below our liability to you will be to provide services to
the value of the account balance.Cash balances will not be returned except in cases
where you received a defective service and requested a refund of the unused Prepay
cash balance held on the account. Any such refund shall be provided subject always
to the provisions of clause 6 and you complying at all times with your obligations
under clause 11.
10.5 If you do not place any orders for a 6 month period
we will send an e-mail to the address in your Account Details to remind you of your
balance.This will be repeated at 12 months and 18 months. When a period of 24 months
has passed with no orders placed we will assume that your account is no longer active,
the Prepay balance will expire and you shall have no further claim to such balance
(including in order to pay for services).
10.6 If you change your mind after making a payment
on account you may request a refund by contacting our customer services using the
details on the contact page of our website within 28 days of the transaction.In
such cases the amount refunded will be the sum of the original payment less the
value of any services ordered on account.
10.7 Refunds can only be made to the credit card account
used to make the original purchase and we will charge a minimum of £5 or 5%
of the total refund (whichever is greater) towards our processing costs. Goodwill
payments credited to your account will not be available to be refunded to you.
11. Your Obligations
11.1 You agree to:
(a) ensure that the information you supply in the Order
Schedule is complete and accurate;
(b) co-operate with us in all matters relating to our
provision of the Service(s);
(c) provide us with access to your premises, office
accommodation and other facilities as reasonably required by us if any of these
are to be the Collection Point or Delivery Point;
(d) provide us with such information and materials as
we may reasonably require in order to supply the Service(s) and ensure that such
information is accurate in all material respects.
11.2 You agree that we shall not be required, and that
you shall not cause us, to carry anything if it would be illegal or unlawful for
us to do so (either in the UK< or any country to which a Consignment is to be delivered).
You agree that should you do this, you will indemnify us against any losses and/or
damage that we may suffer as a consequence.
11.3 We will not, without specific separate written
agreement, carry: livestock; liquids; perishable goods; glass; gasses; pyrotechnics;
arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive
materials. In addition we will not carry any items which are on our prohibited list
above.
11.4 We reserve the right to refuse to carry any parcels
which are neither the property of, nor sent on behalf of, you.
11.5 You understand that:
(a) All Consignments shall be accepted at the Delivery
Point and that the recipient shall give our driver an appropriate receipt and you
agree that this receipt shall be conclusive evidence of delivery of the Consignment
by us.This clause 11.5(a) shall not apply where such receipt is obtained as a result
of fraud, collusion or dishonesty on the part of our driver.
(b) If there is a strike by any employees of yours,
or the employees of any person receiving delivery, then you agree that our representative
shall not be asked to perform any additional duties or any duties of a strike-breaking
nature.
12. Miscellaneous
12.1 Unless specifically agreed otherwise, “working
days” do not include Saturdays, Sundays or public holidays.
12.2 We will not provide any refund or reduction of
charges if we receive less than the number of parcels for which you have contracted.
13. Nature of Agreement
13.1 This Agreement, the Order Schedule, the CMR Regulations
and the Montreal Convention (so far as they are applicable) shall constitute the
entire contract between us and you and the contract shall not incorporate, or be
deemed to incorporate any provisions of any other documents.In addition, this contract
and the documents referred to above shall supersede any previous contract, warranty
or representation made or given by us relating to the Service(s) set out in the
Order Schedule.
14. Variation
14.1 No variation, amendment or cancellation of the
terms of this Agreement (other than the Order Schedule) shall be binding upon us
unless and until it is confirmed in writing by a director of us and, for the avoidance
of any doubt, it is declared that no person other than a director has authority
to negotiate or enter into any commitment on behalf of us which would or might (but
for this clause) involve us in any legal liability whatsoever.
15. Termination
15.1 This Agreement may be terminated by either party
giving to the other one month’s written notice of its desire to terminate
this Agreement. This Agreement may also be terminated immediately if the other party
breaches any of its obligations under this Agreement or (in the case of an individual)
becomes bankrupt or (in the case of a company) goes into liquidation other than
for the purposes of reconstruction or amalgamation, or has an administrator or receiver
appointed over any of its or his property or income or make any deed or arrangements
with or for the benefit of his or its creditors.
15.2 On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding
unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment
has been delivered but for which no invoice has been submitted, we shall submit
an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been
paid for and which has been received but not yet delivered, then we shall deliver
such Consignment in accordance with the terms of this Agreement;
(c) in respect of a Consignment which has not been paid
for but which we have received but not delivered, we shall return the Consignment
to you.
(d) the accrued rights, remedies, obligations and liabilities
of the parties as at expiry or termination shall not be affected, including the
right to claim damages in respect of any breach of this Agreement which existed
at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect
after termination shall continue in full force and effect.
16. Applicable Law
16.1 This agreement and any dispute arising out of
or in connection with it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with the law
of England and Wales
16.2 You irrevocably agree, for our sole benefit that,
subject as provided below, the courts of England and Wales shall have exclusive
jurisdiction over any dispute or claim arising out of or in connection with this
agreement or its subject matter or formation (including non-contractual claims).
Nothing in this clause shall limit our right to take proceedings against you in
any other court of competent jurisdiction, nor shall the taking of proceedings in
any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions,
whether at the same time or not, to the extent permitted by the law of that other
jurisdiction