YODEL DIRECT - TERMS AND CONDITIONS (“Terms”)
These Terms apply to the carriage of parcels in the United Kingdom through Yodel Direct. Yodel Direct is a trading name of Yodel Delivery Network Limited whose registered office address is Atlantic Pavilion, Albert Dock, Liverpool, L3 4AE.
Please read these Terms very carefully and particularly clauses 3, 7, 9, and 10 which set out the extent of our liability under these Terms and provide for an indemnity by You in certain circumstances.
If You object to any of these Terms You should not use any of the products or services on the Website and leave the Website immediately.
You agree that You shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to do anything, which may compromise the security of the Website or attempt to gain access to secured areas or sensitive information. Misuse of this Website may incur civil and/or criminal liability.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from Your breach of these Terms.
Please note that Yodel Direct does not deal with International deliveries and We class certain items as Prohibited Item(s) and these cannot be sent using any of Our Services. Please check Your item against the Prohibited Item(s) list here: www.yodeldirect.co.uk/content/prohibited-items. We reserve the right to deal with any Prohibited Item(s) at Our sole discretion without being liable in any way to You or the Recipient of the Parcel containing the Prohibited Item(s). For clarity, this means that if these items are carried, they are carried without the benefit of Compensation for damage or loss, regardless of whether Additional Compensation is taken out and paid for. We have the right to dispose of any Prohibited Item(s), in whole or in part, as We decide and reserve the right to charge You for any reasonable costs We incur in doing so.
Certain other items require more detail from You before they can be sent using Our Service. Please check Your item against the more information required list here: www.yodeldirect.co.uk/content/prohibited-items.
Standard Terms of Contract
In these Terms, where the following words are used, they shall have the following meanings:
“Additional Compensation” means the additional compensation cover of £1000 that may be purchased by You for lost or damaged Parcels and shall include Our additional liability to You for those lost or damaged Parcels.
“Authorised Location” means a location within the Geographical Scope of Service listed on the Website and below where You/Sender can drop off a Parcel and a Recipient can collect a Parcel.
“Charges” means the prices for the supply of Services as stipulated on the Website.
“Collection Point” means the address at which a Parcel is received or collected by Us.
“Compensation” means the £50 compensation cover provided by Us to You for lost or damaged Parcels and Our liability to You for such lost or damaged parcels.
“Correctly Packaged” means a Parcel that is packaged in accordance with Our specifications as set out on the Website.
“Damaged Parcel” means a Parcel that is no longer in the condition in which it was received by Us, or which is or becomes a health and safety risk.
“Delivery Point” means the address to which a Parcel is delivered by Us.
“Excepted Risks” means an event outside Our control including but not limited to:
(i) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), strike, lock-outs or other industrial action by third parties, civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection;
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
(iii) radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same;
(iv) pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster;
(v) the absence, failure or inadequacy of the packing or packaging used for a Parcel; and/or
(vi) threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster.
“Geographical Scope of Service” means the following Collection Points and Delivery Points:
England, Wales and Scotland
England, Wales and Scotland
England, Wales and Scotland
But does not include Parcels sent from England, Wales and Scotland to Northern Ireland.
“Item” means any Item which is not a Prohibited Item and 'Items' shall be construed accordingly.
“Label” means a label that You have printed off from the Website, which includes details of the Recipient plus a barcode to identify the Parcel.
“Live Help Desk” means Our customer service department which can be contacted via the Website.
“No Protection Item” means a Parcel that is carried without Compensation for damage or loss and at Your risk.
“Order” means means Your request for Services;
“Out of Gauge” means a Parcel which is outside of the weight and dimension ranges that We carry on a particular Service. Parcels must not weigh more than 10 kilograms nor exceed dimensions of 50 centimetres x 50 centimetres x 60 centimetres.
“Parcel” means any item Itemthat are Correctly Packaged and has a Label attached and which is , may be, or are intended to be, received by Us from You, or on Your behalf, for Us to carry and deliver to any Recipient at the Delivery Point.
“Prohibited Item(s)” means any Item which cannot be carried on any Service.
“Proof of Delivery Service” means an optional service whereby We will obtain a signature from the Recipient or a representative of the Recipient.
“Purchase” means when You accept the Service Order.
Recipient” means the person to whom the Label on the Parcel is addressed.
“Relevant Collection Point” means the Authorised Location where You/Sender drops off the Parcel;
“Returned to Sender” a Parcel may be returned to sender (i.e. to Us) if the Recipient sends it back to Us and:
(i) You do not accept receipt of that Parcel;
(iii) You do not pay any outstanding charges; and/or
(iii) if the Parcel is delivered and is Out of Gauge, for which You nor the Recipient pay the underpayment;
but for the avoidance of doubt, Returned to Sender is not available for Parcels sent from Northern Ireland to England, Wales or Scotland.
Sender” means the person who drops off the Parcel to the Authorised Location.
“Service(s)” means the service and carriage of a Parcel by Us in accordance with the Service Order including any Compensation, Additional Compensation or Proof of Delivery Service.
“Service Order” means the summary of the Order, which is displayed during the ordering process, which is confirmed to You in the confirmation email that We send once We have accepted Your order.
“Us, We or Our” means Yodel Delivery Network Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf.
“Valid UK Mainland Delivery Address” means a delivery address which includes England, Wales, Scotland and Northern Ireland but for the avoidance of doubt excludes a PO Box address or addresses in the Channel Islands, the Isle of Man, the Isle of Wight, and the Isles of Scilly.
“You” means the customer, who is contracted with Us, as set out in the Service Order.
1.Our contract with You
- 1.5 In the event that You make a mistake in submitting information to , or You have any queries, concerns or complaints with regard to Our provision of the Services to You, then please contact Our Live Help Desk www.yodeldirect.co.uk/help-centre to chat to Our customer support team.
- 1.6 When You submit the Order to Us, We have not accepted Your Order for Services. Our acceptance of the Order will take place on Us providing You with a confirmation of Your Order by email. On providing You with the Service Order, We shall then become contractually bound to supply the Services to You and these Terms will become binding on both You and Us. Please see clause 2 with regards to the order process.
- 1.8 We shall assign a parcel reference number to Your Service Order which We shall inform You of when We send You the Service Order. Please quote the parcel reference number in all subsequent correspondence with Us relating to the Service Order.
- 2.1 You may place an Order by:
- completing the requisite information on the Website; and
- submitting Your credit or debit card details or PayPal account details for payment of the Charges.
- 2.2 We shall confirm Your Order by:
- sending You an email confirmation of the Service Order together with a parcel reference number; and
- providing You with a confirmation screen on the Website.
- 2.3 You must comply with the following obligations of the Service Order by:
- printing the Label which can be downloaded from the confirmation screen or from the confirmation email;
- ensuring that the Parcel is within the Geographical Scope of Service;
- ensuring that the Parcel is Correctly Packaged and addressed to a Valid UK Mainland Delivery Address;
- ensuring that the Parcel complies with the weight and dimensions specified on the Website and is not Out of Guage;
- attaching the Label securely to the Parcel;
- dropping the Parcel at the Relevant Collection Point; and
- obtaining a receipt for the Parcel at the Relevant Collection Point.
We are not able to supply You with the Services unless You have complied with the requirements of Clause 2.3 above.
- 2.4 You must complete the obligations in clause 2.3 within 30 days of receipt of email confirmation of the Service Order, as Labels shall expire after that date.
- 2.5 You may make a change to the Service Order within 28 days from receipt of email confirmation by contacting Our Live Help Desk, provided that We have not supplied the Services to You. Where this means a change in the Charges, or there is an additional cost in changing the Service Order, We will notify You of the amended Charges in writing.
- 3.1 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 Charges set out in the Service Order and in accordance with these Terms.
- 3.2 We 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.
- 3.3 We warrant that We will provide the Service(s) using reasonable care and skill.
- 3.4 If We do not provide the Service(s) with reasonable care and skill, You may require Us to repeat or fix the Service(s) or, if that is not possible or not done in a reasonable time, obtain a reasonable reduction in the Charges from Us.
- 3.5 We shall endeavour to meet the timeframes stipulated in the Service Order but any such timeframes shall only be estimates and time shall not be of the essence in the performance of Services.
- 3.6 We have absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of the Parcels.
4.Loading and Unloading
- 4.1 If collection or delivery of a Parcel 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 Parcel, may be required for loading or unloading of a Parcel.
- 4.2 Any Parcel (or part of a Parcel) 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 Parcel (or part of the Parcel), 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 Parcel. 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 Parcel in these circumstances.
5.Collection and Deliveries
- 5.1 We provide a standard delivery service of 72 hours on all Parcels.
- 5.2 Where You purchase a Service and request that the Parcel be delivered to an Authorised Location, You must arrange for the Recipient to collect the Parcel within 10 days of You being notified of the Parcel being available for collection. If the Parcel is not collected within 10 days, We reserve the right to either return the Parcel to You at Your cost (such cost to discharged before delivery to You) or where We are unable to do so dispose of the Parcel within 2 months of the date of the Service Order.
- 5.3 We will make one attempt to deliver a Parcel 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 Parcel to, or obtain a delivery receipt from, an alternative address close to the Delivery Point; or
- deliver the Parcel to a safe location at the Delivery Point, and (if successful) We agree that We will leave at the Delivery Point details of the address or safe location to which We have delivered the Parcel.
- 5.4 If We are unable to deliver to the Delivery Point, a nearby address or a safe location, We shall return the Parcel to Our premises and leave a request for the Recipient of the Parcel 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 Parcel to You at Your cost (such cost to be discharged before delivery to You).
- 5.5 If We consider that the Parcel has become a Damaged Parcel 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 Parcel immediately.
- 5.6 You acknowledge that We provide a service for the transport of goods with a specified timeframe for delivery, therefore You do not have a right to cancel the Service Order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (Regulation 28(1)(h). This does not affect Your rights under Clause 7.
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 such 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.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
- 7.1 Where You deal with Us as a consumer, nothing within these Terms shall be deemed to affect Your rights under the Consumer Rights Act 2015.
- 7.2 Nothing in this Agreement shall limit or exclude Our liability for:
- death or personal injury caused by Our negligence; or
- fraud or fraudulent misrepresentation.
- 7.3 As a responsible business, We will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, loss of or damage to a Parcel 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 Terms. The reasoning behind such limitation of Our liability is as follows:
- the value of a Parcel and the amount of potential loss to You that could arise if a Parcel 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;
- 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;
- it is not possible for Us to obtain protection which would give unlimited protection for Our full potential liability to all of Our customers and, therefore we suggest that You either take out protection from an independent third party or = purchase Additional Compensation from Us for Your Parcel during the ordering process;
- We wish to keep the costs of providing the Service(s) to You as low as possible;
- in light of the above, We wish to limit Our liability for any damage or loss caused to You to a level which We consider reasonable to Our low charges for providing the Services;
- in these Terms, damage to You means any damage suffered by You (including any loss of, or damage to, a Parcel 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 terms of this Agreement, or any terms which are implied by statute (where applicable); and
- 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
- 7.4 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 7 and clause 8.
- 7.5 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
- 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.
- 7.6 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/or weights and the actual dimensions and/or weights;
- for any damage caused by Our negligence, breach of duty, or other wrongful act or omission, which You have, or You have arranged to be, repaired, unless it is agreed by Us that the repair work is to be carried out and that a repairer approved by Us undertakes this work; or
- in any circumstances in respect of the items on the Prohibited Item(s); Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by Us.
The Limitation on the Amount of Our Liability
If We are liable to You for any reason, We shall (subject always to clause 7) only be liable to refund to You the cost paid for the Service(s), together with Our free Compensation of £50 unless You have purchased Additional Compensation for Your Parcel from Us.
For clarity, this includes any Compensation and Additional Compensation that You may require in respect of any items listed on the “Items Protected for Loss Only” and “No Protection Items” lists. No level of Additional Compensation that You purchase from Us will render allowable any item which is on the “Prohibited Item(s)” list and/or “No Protection Items” list.
Where We offer Compensation or You purchase Additional Compensation for Your Parcel from Us, Our liability to You is limited to the lesser of: (i) the value of the Compensation; (ii) the value of the Additional Compensation taken out; or (ii) the actual value of the Parcel at the date of loss or damage (as applicable). Where You do not purchase Additional Compensationyou confirm that You accept the risks of not doing so.
We offer two types of Additional Compensation for Parcels:
- Protection for loss or damage
- Protection for loss only
Please note that if You purchase Additional Compensation for loss only, You will not be protected, and We shall not be liable, for any losses that You suffer due to any damage caused to the Parcel other than for up to the cost that You have paid for the Service(s) in circumstances where such damage is caused by Our negligence, breach of duty or other wrongful act or omission, over and above the £50 Compensation offered and subject to the limitations set out within this clause 7 and clause 8.
Irrespective of the type of Additional Compensation ((i) loss only; or (ii) loss or damage) that You purchase, We will not be liable to repay You the market value of the Parcel as at the time it was purchased by You. Parcels by their nature are subject to depreciation. You must take out a “new for old” compensation policy with a third party provider should You wish to be compensated in this way.
- 7.7 In order to ascertain the extent of Our liability above, We shall require proof of the value and weight of the entire Parcel and any constituent part or parts and You must ensure that, prior to Our collection of the Parcel, You have a record of these. By way of example we will accept invoices and photographs of the items. For the avoidance of any doubt, and without affecting clause 7.5, We shall only be liable for the replacement value of the Parcel and not for any sums that would amount to profit on the Parcel or applicable value added tax (or like tax) on such profit.
- 7.8 If a claim arises as a result of damage to the whole or part of a Parcel and if We settle the claim for a sum equal to the value of the Parcel (in circumstances where You have purchased Additional Compensation for loss or damage), then We shall be entitled to claim ownership of the Parcel 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 Parcel.
- 7.9 If You wish to combine a number of discrete packages within a Parcel, 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 the Parcel.
- 7.10 Certain items are carried without Compensation for damage or loss and at Your own risk regardless of whether You have purchased Addional Compensation. A list of these items can be found at: www.yodeldirect.co.uk/content/prohibited-items.
- 7.11 We do not accept any liability for damage to or damage caused by any of the items on the Prohibited Item list, whatsoever and howsoever damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise.
For the avoidance of doubt, if You purchase Additional Compensation for an item on the “Prohibited Items” list, it will not be covered by the Additional Compensation purchased.
- 7.12 We reserve the right to reject a Parcel that contains a Prohibited Item.
- 7.13 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.
- 7.14 If an Excepted Risk takes place:
- We will contact You as soon as reasonably possible to notify You; and
- Our obligations under the Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Excepted Risk. Where the Excepted Risk affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Excepted Risk is over.
- 7.15 You may cancel the Service Order if an Excepted Risk takes place and You no longer wish Us to provide the Services.
- 7.16 We will only cancel the Service Order if the Excepted Risk continues for longer than 4 weeks.
- 7.17 Where You cancel the Service Order in accordance with clause 7.14 and We have started to supply the Services to You, then We shall arrange as soon as is reasonably practical to return the Parcel to You at Your cost (such cost to be discharged before Delivery to You).
- 7.18 Where We cancel the Service Order in accordance with clause 7.15 and We have started to supply the Services to You, We shall arrange as soon as is reasonably practical, to return the Parcel to You at Our cost.
- 7.19 If at any time We are prevented or delayed from starting, carrying out or completing any of the Services because of 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 all commercially reasonable endeavours to provide a replacement vehicle with the minimum delay practicable.
- 7.20 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 Parcel and You agree to be responsible for ensuring that such labelling is clear and unambiguous.
- 7.21 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”):
- 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;
- We shall not be liable for any costs or losses that You may suffer that arise directly or indirectly from Our failure or delay to perform any of Our obligations; and
- You shall reimburse Us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from Your Default.
We do not offer International Carriage through Yodel Direct.
9.Claims and Refunds
- 9.1 Except as provided for in clause 7 We shall not be liable to You under any circumstances for any loss or damage unless You notify Us either via Our Website;
- 14 days of delivery of the Parcel in the case of damage to all or part of a Parcel or loss of part of a Parcel;
- and in all other cases (including, but not limited to, loss of the whole of a Parcel) within 28 days from when the Parcel was collected or received by Us.
- 9.2 We shall not be liable for missing Parcels where:
- in accordance with Clause 5.2, We have delivered the Parcel to the Authorised Location; or
- in accordance with Clause 5.3, We have delivered the Parcel to the Relevant Delivery Point or have left the Parcel in a safe place or at alternative address close to the Relevant Delivery Point and have left details at the Relevant Delivery Point of where We have left the Parcel.
- 9.3 We will automatically refund You where You have paid for a pre-paid label and this is not used within 31 days of date of payment. The refund will be made to the bank account details given to Us when You purchased the pre-paid label.
Making a Claim
- 9.4 The procedure for applying for a claim for loss, damage or part damage (a “Claim”) is as follows:
- log into the “My Account” section on Our Website;
- in the “Submit a New Claim” section, please click “Create Claim”;
- fill in the details as indicated; and
- click “Submit”.
- 9.5 Once Your Claim has been submitted to Us, We will review it before deciding whether We are able to make an offer to settle Your Claim.
- 9.6 You will be notified of Our decision of whether We are able to settle Your Claim or what offer We are prepared to make (“Our Offer”) in the “Your Claims” section on the “My Orders” page of “My Account”.
Accepting Our Offer for Your Claim
- 9.7 The procedure for accepting Our Offer is as follows:
- log into “My Account”;
- click “Accept Offer”;
- choose one of the 2 payment options; and
- insert the account details for the account You wish Our Offer to be paid into. It is Your responsibility to provide the correct account details into the boxes provided. Please note that We will not be liable for any incorrect details which are provided by You. For the avoidance of doubt, We will not be obliged to make any further payments to You in the event that You have provided incorrect account details. Furthermore, We are not obliged to reverse any payments We may make to incorrect accounts as a result of You providing incorrect details.
Requesting a Refund
- 9.8 The procedure for requesting a refund is as follows:
- on Our Website, go to the Our Live Help Desk section;
- (enter Your Yodel Direct reference number;
- if Your claim is in connection with a Service failure, please provide Your parcel tracking number; and
- alternatively, You can submit Your request for a refund in writing to Us.
- 9.9 Refunds may be given at Our discretion and in accordance with the Service definitions made available to You at the time of payment.
- 9.1 Should a refund be appropriate, it shall be made back to the payment method originally used to book the transaction or into a prepay account with Us.
- 9.11 Refunds can only be processed to You, as detailed in the Service Order.
- 9.12 Refunds must be requested within 28 days from the date the Order was placed.
Parcels Returned to Sender
- 9.13 If a Parcel is Returned to Sender, We shall give You 14 days in which to collect the Parcel, failing which We reserve the right to dispose of it. We shall not be liable to You under any circumstances for any loss caused by Us exercising this right and You failing to collect the Parcel in the timescales specified.
- 10.1 We shall assume, for the purposes of this Agreement, that You are the sole owner of every item dispatched in the Parcel 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.
- 10.2 You agree to indemnify Us against any losses or liabilities that We may suffer through the loss of, or inability to deliver, a Parcel caused by deficient or ambiguous labelling of such Parcel.
- 10.3 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 13.
- 11.1 We charge for Our Service(s) based on the dimensions and weight of each Parcel. We may check the dimensions and/or weight of each Parcel. In the event We find that the dimensions and/or weight of a Parcel have been under-declared by You , You agree:
- that the dimensions and/or weight that We reasonably determine may be used for the purpose of the calculation of Our Charges;
- We may charge any price difference to You in accordance with Our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);
- authorise Us to debit the Correction Charges directly from the debit/credit card, Prepay or PayPal account that You used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant invoice being issued to You; and
- We may suspend performance of the Service(s) until the Correction Charges are received by Us. If We exercise this right, We shall not be liable to You in any circumstances for any costs or losses arising directly or indirectly that You may suffer as a result and clauses 7.20 and 7.21 shall apply.
- 11.2 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.
- 11.3 We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the rights to disposal of the Parcel), available to Us over any Parcel in Our possession against You. We have the right to enforce the above Lien notwithstanding the title of the Parcel.
- 12.1 At any time where We offer You a system of payment on account with or without bonus credit being applied to such accounts, We shall refer to such system as “Prepay” and the additional provisions of this clause 12 shall apply.
- 12.2 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.
- 12.3 When We accept your 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 pay the difference in accordance with the provisions of clause 11 (Charges). We may set a minimum Prepay limit from time to time on any credit payments made to Your Prepay account and these will be notified to You through Our website (currently £20).
- 12.4 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 9 and You complying at all times with Your obligations under clause 13.
- 12.5 If You do not place any orders for a 6 month period, We will send an email 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).
- 12.6 If You change Your mind after making a payment on account, You may request a refund. The procedure for requesting a refund from Your Prepay balance or otherwise is set out in clause 8 above. In such cases, the amount refunded will be the sum of the original payment less the value of any Services ordered on account.
- 13.1 You agree to:
- ensure that the information You supply in the Service Order is complete and accurate;
- co-operate with Us in all matters relating to Our provision of the Service(s);
- 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 and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to Us; and
- 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.
- 13.2 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 Parcel 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.
- 13.3 In addition, We will not carry any items which are on Our Prohibited Item(s) list.
- 13.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, You.
- 13.5 You understand that:
- all Parcels 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 Parcel by Us. This clause 13.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of Our driver; and
- 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.
14.Right to Cancel
- 14.1 Subject to clauses 14.1(a) to 14.1(b), as a consumer, You would usually have a statutory right to cancel the Service(s) within 14 days and receive a full refund. However, this does not apply where we have commenced or completed the Service(s) as follows:
- once We have completed the Service(s), You have lost Your statutory right to cancel the Service(s) and receive a refund, even if the 14 day period is still running; and
- if You cancel the Service(s) after We have started performing them, You must pay Us for the Service(s) provided up until the time that You tell Us You have changed Your mind.
- 14.2 If You want to cancel the Service(s) in accordance with this clause 14, please let Us know by doing one of the following:
- 14.3 If You cancel the Service(s) in accordance with this clause 14, You will be responsible for collecting the Parcel from Us or paying Our reasonable costs of returning it to You.
- 14.4 If You cancel the Service(s) after printing any postage/courier label that We may supply to You, You shall not use that label for any purpose other than secure disposal. In the event that the postage/courier label is used in respect of any Parcel, You agree to Us automatically deducting any sums owed for the delivery of Our Service(s) from You via Your payment method.
15.Nature of Agreement
This Agreement, 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 Service Order.
No variation, amendment or cancellation of this Agreement (other than the Service Order) 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.
- 17.1 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.
- 17.2 On termination of this Agreement for any reason:
- You shall immediately pay to Us all of Our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Parcel 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;
- in respect of a Parcel which has already been paid for and which has been received but not yet delivered, then We shall deliver such Parcel in accordance with these Terms;
- in respect of a Parcel which has not been paid for but which We have received but not delivered, We shall return the Parcel to You;
- 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
- clauses which expressly or by implication have effect after termination or expiry shall continue in full force and effect.
- 18.1 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 laws of England.
- 18.2 You irrevocably agree, for Our sole benefit that, subject as provided below, the courts of England 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.