Terms/Conditions
1.
WHO IS COVERED BY THESE TERMS AND CONDITIONS.
These General Terms and Conditions apply to you, the sender of the shipment of
items and anyone else who has an interest in the shipment. Also, these General
Terms and Conditions apply to Parcelscheaper.com, its subsidiary, affiliate or
associate which arranges the collection, delivery or handling of the shipment.
A deviation from these General Terms and Conditions is only valid if there is a
separate written agreement, signed by the sender and a fully authorised
representative of Parcelscheaper.com. Unless we have a separate written
agreement with you which says otherwise, we will choose the routing of your
shipment and the subcontractors we use.
2. ITEMS DO WE NOT ACCEPT.
We do not accept any items which are
prohibited by transport or postal conventions, the rules of any international
air transport or other association, or items which we believe may be unsafe to
handle or items which are illegal in the country of origin, destination or any
third country through which the items travel (hereinafter referred to as the
“Prohibited Items”). We may ask you to show us samples of the items you wish to
ship to make sure that they are not Prohibited Items. However, whether or not
we request you to show us samples of the items you wish to ship, it is your
full responsibility to ensure that no Prohibited Items are handed over to us.
If you do hand over any Prohibited Items, you agree to indemnify and hold us
fully harmless from any claims made against us and from any loss, liability or
damage we may incur and you also agree that we can deal with any Prohibited
Items in whatever way we think fit. We reserve the right to refuse to accept or
collect a shipment from you, at any time, if (a) you do not act in accordance with
this provision, these General Terms and Conditions in general and/or any
individual contract between you and us, (b) any court or arbitration tribunal
of competent jurisdiction or any competent governmental or regulatory authority
with jurisdiction over you and/or us determines that our provision of services
to you is contrary to existing laws, rules or regulations, or (c) any law, rule
or regulation which is passed or adopted makes it materially more expensive or
difficult for us to provide our services based on our reasonable judgement.
3. CUSTOMS, DUTIES, TAXES AND CHARGES.
3.1 It is your responsibility to inform us
about the contents of your shipment. You should also inform us if your shipment
contains items to which customs duties, taxes (including but not limited to
value added tax (“VAT”) / goods and services tax (“GST”) if applicable) and/or
other charges apply. You undertake and certify that all statements and
information you provide relating to the exportation of the shipment will be
true and correct. You acknowledge that in the event that you make untrue or
fraudulent statements about the shipment or any of its contents, you risk a
civil claim and/or criminal prosecution, the penalties of which include
forfeiture and sale of your shipment. You agree that you will be ultimately
responsible for any customs duties, taxes (including but not limited to VAT /
GST if applicable) and/or other charges which are or will become due on your
shipment.
3.2 Depending on the routing of your
shipment, customs duties, taxes (including but not limited to VAT / GST if
applicable) and/or other charges may apply. If we agree to assist you with, or
arrange for you, the clearing and entering of the shipment through customs you
hereby appoint us as your agent solely for that purpose. Should we subcontract
these customs clearance activities – for example to a specialised clearing
agency – you hereby grant us all rights and authorities on your behalf for the
purpose of designating a customs broker to perform customs clearances and
entries. To the extent that we assist you with, or arrange for you, the
clearing and entering of the shipment through customs, such assistance or
arrangement will be rendered at your sole risk.
3.3 Notwithstanding whether our services to
you start before or after the clearance of your shipment through customs and
notwithstanding whether we agree or do not agree to perform the customs
clearance activities (regarding customs duties, taxes (including but not
limited to VAT / GST if applicable), penalties, storage charges or other) on
your behalf, it is your responsibility to provide documentation at your own
expense regarding the shipment (e.g. detailed shipment information on quantity,
volume, value etc.) within 24 hours after a notification to you, if we and/or
any customs authority require(s) such documentation for the purpose of
confirming the import/export declaration and/or our customs clearance status.
If our services to you start after customs clearance of your shipment and the
subsequent delivery of that shipment to us and:
(i) you refuse to provide us with the requested (shipping) documentation,
(ii) your (shipping) documentation proves to be incorrect or incomplete for
whatever reason, or
(iii) issues arise from improper customs clearance regarding your shipment, we
reserve the right, at our sole discretion, to:
(a) refuse your shipment, or
(b) refuse our services to you until you have arranged the required remedial
actions and you have fully resolved the issue.
3.4 You acknowledge and accept that we are
not part of the commercial transaction between you as sender/exporter/importer
of the shipment and the end-receiver/consignee/importer of that shipment. We
can therefore not be regarded and we do not qualify as sender, exporter,
importer, end-receiver or consignee of your shipment from a commercial, fiscal
and legal perspective. By handling and delivering your shipment – with or
without assisting you with and arranging customs clearance activities for you –
we merely act as the facilitator and we provide you with a distribution address
for the purpose of handling, delivering and possibly the clearing through
customs of your shipment. You hereby warrant that you and/or any of your
suppliers will fill out and complete the relevant (shipping) documentation
regarding your shipment in accordance with this article and in accordance with
our instructions for the purpose of making the shipping documents compliant to
this article.
3.5 Any customs duties, taxes (including but
not limited to VAT / GST if applicable), penalties, storage charges or other
expenses we incur as a result of the actions of customs or other
fiscal/regulatory/governmental authorities or your failure to provide proper
documentation and/or to obtain the required license or permit regarding your
(items in the) shipment will be charged to you. Upon first request you will
provide a proper guarantee for any of the duties, taxes, penalties, storage or
any other expenses. You indemnify us from any claims or damages as a
consequence of any issue in relation to customs duties, taxes (including but
not limited to VAT / GST if applicable) and/or other charges.
3.6 We are not liable for any delays, losses
or damage caused by interference from customs officers or other
fiscal/regulatory/governmental authorities.
4. Value Added Tax / Goods and services tax.
Whether VAT / GST is due on the items you wish to ship and if so, which
percentage or amount is due, is completely your own responsibility to
determine. We do not provide advice regarding VAT / GST related issues on
shipments/items and we are not and do not pretend to be VAT / GST experts.
Because of the complicated nature of the regulations we suggest that you seek
professional advice regarding VAT / GST issues in general and more in particular
regarding your shipments. We do not accept any liability in relation to any VAT
/ GST due on the items that you (intend to) ship or in relation to any claims
by fiscal/regulatory/governmental authorities in that respect towards you or
any other party. Furthermore you hereby indemnify us from any claims and/or
damages including but not limited to claims and/or damages of
fiscal/regulatory/governmental authorities or others parties as a result of VAT
/ GST (related) matters on your items (to be) shipped.
5. OPENING ITEMS
In order to make sure that there are no Prohibited items (these are described
in clause 2) and/or items to which customs duties, taxes (including but not
limited to VAT / GST if applicable) and/or other charges apply and/or to
confirm the nature or value of declared items, we may need to open your
shipment. You understand that we have this right and will hold us harmless
against any claims we may receive or make good any loss or damage we incur.
6.
WHEN AND HOW MUCH YOU WILL HAVE TO PAY FOR THE SERVICES
Unless
we have made another agreement with you in writing, the price for delivery and
handling of the shipment is the rate shown on the website. Unless we have
agreed anything else with you in writing, you must pay us before your
collection takes place, if we have sent you an invoice for any payment, you
must pay us within 7 days of the date of that invoice.
7.
WHAT HAPPENS IF YOU DO NOT PAY OR YOU PAY US LATE
All services are pre paid, if you send an over sized parcel we will request payment of the different of the amount plus an admin fee of £2 per parcel, your item will not be delivered until final payment has been received. If you have a claim, the claim will be handled under clause 10.
In order to ensure that we are secured against non payment by you, you grant us
a security interest in and over any shipments you have given to us and which
are in our possession and authorise us to deal with those items in whatever way
we consider appropriate (including, but not limited to, selling, holding or
destroying the items) in order to recover some or all of the payment from you
and/or to reduce our own costs or disruption to our business.
8.
THE EXTENT OF OUR LIABILITY
We
often need to rely on several other parties to provide the service to you, some
or all of which limit or exclude their liability to us. We, therefore, do not
accept unlimited responsibility for anything that happens to your shipment. If
your shipment, or any of the items, is lost or damaged we will compensate you
only for direct losses which you suffer (i.e. the actual cost of the lost
item), which is stated during booking either in the description or the select
option. We do not accept and expressly disclaim any liability for special,
indirect, incidental or consequential losses or damages (including, but not
limited to, loss of opportunity, wasted costs or lost profits) or loss which is
caused by something over which we have no direct control. We do not accept any
liability if your shipment is delayed. If your shipment needs protection above
the limits in these conditions, we strongly advise you to take out your own
insurance.
9.
UNDELIVERED ITEMS
If
a shipment or any item is not delivered for reasons which can not be attributed
to us, you permit us to open the item and to try to return it to you at your
own cost. We will try to contact you to reach an agreement on how to deal with
such items but, in order to minimise our costs and disruption to our business,
you agree that we can deal with such undelivered items in any way we consider
appropriate (which may involve arranging for delivery, returning them to you or
arranging for collection by you or selling or destroying the items).
10.
HOW TO CLAIM IF YOUR SHIPMENT OR ANY ITEMS ARE LOST OR DAMAGED
If
you have a claim for loss or damage to a shipment or any items contained in a
shipment, you agree that you will:
Report
it in writing using the contact form on the “contact us” page and follow up
with a phone call to check the receipt of the message anddo so as soon as
possible and, at the very latest, within 2 working days from the date the
parcel was delivered.
If
you do not act in accordance with the above procedure, we will not accept
liability for any such lost or damaged items.
11.
POSTAL REGULATIONS
Under
certain postal regulations, it is possible for the postal administration in
many countries to levy a surcharge or even to return or refuse to deliver mail.
This may happen if, for example, you post mail using the services of a foreign
postal administration but you are resident in the country in which the mail is
to be delivered (this is called “ABA re-mail”) or if you post mail for delivery
in a third country, using the services of a postal administration which is not
the postal administration in your country of residence or the country of final
delivery (this is called “ABC re-mail”). If any situation occurs where any of
your shipments are subject to surcharging, non-delivery, return or even
destruction as a result of postal regulations, you will be fully responsible
for the consequences and will hold us completely harmless against all costs
arising from such action. You will also help us to challenge any such claims if
we ask you to do so.
12.
DATA PROTECTION
If,
in relation to the services, you provide us with personal data (i.e. data which
may be linked to files that can be traced back to individual persons) the
following terms will apply. If you provide us with personal data, you guarantee
that you have complied with all the applicable laws and regulations relating to
the protection of privacy and that said laws and regulations permit the
provision of this personal data to us and the processing of this data by us.
You will indemnify us against claims from third parties that arise as a result
of non-compliance with these laws and regulations. We will only perform the
tasks as instructed by you. We will not use the personal data for any other
purposes and we will maintain confidentiality in respect of the personal data
which we are instructed to process. We shall take adequate technical and
organisational measures to protect the personal data against loss or any form
of unauthorized processing. We shall be entitled to retain any sub-contractor
to perform part or all of the services on our behalf, provided that said
sub-contractors apply the same measures as mentioned in this clause.
13.
WHERE DISPUTES WILL BE DEALT WITH
We
have tried to make these General Terms and Conditions as clear and fair as
possible. However, in the event of any dispute between you and us in respect of
any service or shipment covered by these General Terms and Conditions, you
agree that: these General Terms and Conditions and our agreement will be
governed by and construed in accordance with English Law and in the event that
there is a dispute about these General Terms and Conditions and/or the
provision of our services, the dispute will be brought before the courts in England.
There is one exception to this rule. If you have not paid us and we need to
collect money from you, you agree that we will be allowed to take legal action
in any country where we believe we are able to collect the debt.
14.
WHERE SUBCONTRACTORS OR ANY OTHER THIRD PARTY ARE USED BY YOU
You
hereby explicitly acknowledge that we shall not be held liable for any damages
or costs as a result of mistakes, incorrect or incomplete instructions,
wrongful actions etc. of mailing houses, subcontractors, agents, suppliers or
any third party hired/contracted by you. Notwithstanding the foregoing, we
shall furthermore, only follow instructions and accept any formal
representation by any of these parties when such party can prove to have a
valid power of attorney from you to act and instruct on your behalf or when we
receive a written confirmation from you that such party is entitled to act on
your behalf and that we shall follow any reasonable instructions from such
party.
15. INDIVIDUAL COURIER TERMS
You agree to the terms in the description for the courier you select during the booking process.
16. CANCELLATIONS
If the courier has not been booked in for a collection, the service can be cancelled and a full refund issued, if the courier has been booked you may not cancel the service but it can be changed to a more suitable service with payment of the difference if applicable.