OUR TERMS

  1. These terms

    1. What these terms cover. These are the terms and conditions on which we supply services.

    2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

You are an individual.

You are buying services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in orange and those specific to businesses only are in blue. All other provisions apply to both. 

  1. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  1. Information about us and how to contact us

    1. Who we are. We are Cycle Sent Ltd trading as SuperSent a company registered in England and Wales. Our company registration number is 09362707 and our registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX. Our registered VAT number is 269174667.

    2. How to contact us. You can contact us by telephoning our customer service team at 0207 846 0127 or by writing to us at info@supersent.com

    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

  2. Important Information about your packages and our services

    1. Our Services. In these terms references to services means the delivery services as offered on our website www.supersent.com. 

    2. Import and Export Requirements. You are responsible for compliance with all export and import requirements and by placing your order you are promising that you have obtained all appropriate licences and consents. You are also responsible for paying any important or export fees in addition to the service price. Such fees are payable directly to the relevant country authority or if payable by us for any reason you agree to refund such amount to us. You appoint us and our subcontractors as your agent for the purpose of clearing and entering the package through customs.

    3. Packaging Requirements. You are responsible for ensuring that the items are properly and securely packaged to prevent damage in transit and properly labelled with the recipient address.  Tips for packaging can be found at supersent.co.uk/packaging.

    4. Size and weight of your package.  You are responsible for ensuring that your package is in line with the dimensions and weights that you stated as part of the order process. If the package is larger or heavier than you stated then we may at our discretion refuse to collect your package and end this contract or charge you for the additional costs incurred as result in performing the services.  

    5. High value goods. If the goods you are sending have a value of over £1,000 each item should be individually and discretely packaged. 

    6. Opening your packages. We reserve the right to open and inspect any packages for the purpose of determining that the package is deliverable within these terms and conditions, is not unlawful or non-compliant with any applicable law and is as declared and is not Dangerous Goods.

    7. Inspection, Rejection and Destruction. We and our subcontractors reserve the right to inspect, reject or destroy packages in our reasonable discretion for reasons of security and safety and will not be liable for any losses which arise as a result of such inspection, rejection or destruction. We may charge you for any costs we incur as a result of such inspection, rejection or destruction. Such inspection may take place by way of x-ray and by placing your order you acknowledge this and waive any claim against us for any damage or delay caused by such inspection method. 

    8. What you cannot ship via this service: You cannot send and we will not accept any of the following for delivery: 

      1. Dangerous Goods – these are goods that are classified as dangerous goods under the UNECE from time to time or by the IATA Dangerous Goods Regulations, or goods which may cause a comparable hazard or goods which can cause direct physical damage or are capable of causing injury to people or their health or are physically dangerous to other goods;

      2. Hazardous or flammable goods;

      3. Firearms (including components or imitation firearms); bladed items; tobacco products; works of art; jewellery or watches; cash; stamps; prepaid phone cards and similar; bonds, treasury notes; securities; glass, porcelain, earthenware or other similar materials; documents which can be exchanged for cash, goods or services; specie or negotiable instruments; personally identifiable data (including prescriptions); personal effects; precious metals; bullion; antiques; furs or any other valuables; alcohol; liquids of any kind; televisions or monitors with screens larger than 37”, body parts or human remains; living or dead animals, fish or birds; living organisms of other kinds (including plants, trees or cut flowers); perishable food; pharmaceutical products and non-excepted batteries; explosives

      4. Any goods that are prohibited by any laws or regulations of any applicable country including the country of origin and country of delivery;

      5. Any goods on a relevant denied party or embargo list or are subject to import, export or transportation restrictions (including dual use goods which are goods, software, technology, documents and diagrams which are regulated by Council Regulation (EC) No 428/2009);

      6. Any goods which require a licence or permit to transport them 

    9. Where we deliver to and accept orders from. We operate a delivery service across the globe but there are some countries we do not accept orders from and cannot deliver to. The places where you can ship to are listed in the homepage booking form. This list may be subject to change.  When placing your order you are promising that you are not placing your order from any of the countries or sending packages to any of the countries that are not listed on our “Where can I ship?” page. You also acknowledge that there are certain addresses that we cannot deliver to including PO Box and BFPO numbers. 

    10. Ownership of the goods you are sending. By placing an order for Services you are confirming that either you are the owner of the goods that you are sending or you are the agent of the owner of the goods and have permission from the owner to do so. 

    11. Details of additional charges. Details of the rates of any additional charges which may apply under the terms and conditions can be found here.

  3. Purchase of packaging materials 

    1. Purchase of Packaging Materials. If you purchase packaging materials from us these will be sent to you by the date set out in our acceptance of your order. We make no promises as to the suitability of the packaging materials for your particular goods and it remains your responsibility to ensure that they are adequately packaged to keep the goods safe from loss damage or destruction. 

    2. Our promise regarding the Packaging Materials. We promise that the packaging materials will comply materially with their description but there may be variations with their colour or design.

    3. The application of these terms to your purchase of Packaging Materials.  If you purchase packing materials from us these terms apply and unless there is specific reference to packaging materials and where applicable, references to services should be read as “packaging materials” and the terms should be read as though the words “packaging materials” is substituted for the word “services”. 

  4. Our contract with you

    1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

    2. If we cannot accept your order. We can refuse to accept your order at our discretion. If we do not accept your order, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because what you are attempting to have delivered cannot be delivered.

    3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

  5. Your rights to make changes 

If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note that we cannot make any changes for same day collections. 

  1. Our rights to make changes

    1. Minor changes to the services. We may change the service:

      1. to reflect changes in relevant laws and regulatory requirements; and

      2. to implement minor technical adjustments and improvements, for example to address a security threat.

    2. More significant changes to the services and these terms. In addition, as we informed you in the description of the service on our website, we may make changes to these terms or the service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

  2. Providing the Services

    1. We outsource the services. We do not operate our own vehicle network. We sub-contract the collection and delivery of your package through carefully selected couriers. 

    2. Delivery costs. The costs of the service will be as displayed to you on our website and are payable in addition to any other sums set out in these terms. We reserve the right to suspend supply of the services until we have been paid in full. 

    3. When we will provide the service. We will arrange for collection of the package on the date agreed with you during the order process. The estimated completion date for the delivery of the package is as told to you during the order process. 

    4. Delays caused by regulatory requirements. Depending on where you are delivering to and what you are sending we or our subcontractors may impose additional restrictions or require additional information from you. If this is the case we will let you know. Delivery times may be delayed as a result of this. Additionally regulatory and custom clearances may be required which may also delay delivery times. 

    5. If you are not at home when the package is collected. If no one is available at your address for us to collect the package, we will leave you a note informing you of how to rearrange collection. We reserve the right to charge a rearranged collection fee of £10 per recollection attempt.

    6. If the parcel is not properly packaged. If when collection is due to take place the parcel is not correctly packaged in line with our guidance which can be found here then our courier may refuse to take collection and we will not be liable for any costs you incur as a result of the failed collection. Without prejudice to our other rights under this contract, we reserve the right to charge a rearranged collection fee of £10 per recollection attempt.

    7. If we cannot re-arrange collection. If, despite our reasonable efforts, we are unable to contact you or re-arrange collection we may end the contract and clause 11.2 will apply
       

    8. Delivery. Unless you notify us in writing otherwise, we will be entitled to arrange delivery of the package to a neighbouring address of the delivery address, a concierge at the delivery address building or a designated pick up location. If we are unable to deliver the parcel as arranged or a safe place nominated by you or if, after a failed delivery to the delivery address, the recipient does not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.

    9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, the nature of the item(s) being delivered, your name and address, the recipient’s name and address, and the value of the item(s) being delivered, information require for customs clearance. If so, this will have been stated as part of the order process. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late or not at all if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

    10. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to comply with relevant laws and regulatory requirements. 

  3. Your rights to end the contract

    1. You can always end your contract with us.  Your rights when you end the contract will depend on when you decide to end the contract and whether you are a consumer or business customer.

      1. If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the packaging materials repaired or replaced or the delivery service re-performed or to get some or all of your money back), see clause 13 if you are a consumer and clause 14 if you are a business;

      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

      3. If you are a consumer and have just changed your mind about the service, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions. For example if you cancel a same day collection you will not be entitled to a refund as couriers will already have been dispatched and costs incurred in relation to this. 

    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

      1. we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 7.2);

      2. we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

      3. there is a risk that supply of the service may be significantly delayed because of events outside our control;

      4. we have suspended supply of the service for technical or legal reasons, or notify you we are going to suspend them for technical or legal reasons, in each case for a period of more than 28 days; or

      5. you have a legal right to end the contract because of something we have done wrong.

    3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services or goods bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

    4. When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running.

    5. How long do consumers have to change their minds? If you are a consumer you have 24 hours before the collection date of your package. However, once we have collected the package you cannot change your mind, even if the cancellation period is still running. In relation to packaging materials you have 14 days after the date you received the packaging materials to change your mind unless we deliver them in instalments to you, in which case you have 14 days from the date of delivery of the last instalment. 

    6. Changing your mind about packaging materials. If you change your mind about packaging materials then you have to return them to us in the same condition as you received them within 14 days of the date that you told us you wanted to end the contract and you are responsible for the costs of returning them. We will only cover the cost of returning the packaging materials if they are faulty or misdescribed. If you are entitled to a refund under these terms for the packaging materials we will refund you the price of the packaging materials and any delivery costs we charged you by the method you used for payment, however we may make deductions for any reduction in value of the packaging materials caused by you handling them in a way which would not be permitted in a shop. Such refund will be made within 14 days from the date that we receive the packaging materials back. 

  4. How to end the contract with us (including if you are a consumer who has changed their mind)

    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

      1. Phone or email. Call customer services on 0207 846 0127 or email us at info@supersent.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

      2. Online. Complete the Contact Us form on our website.

    2. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the service, by the method you used for payment. However, we may make deductions from the price, as described below.

    3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. We may also deduct an amount for any direct non-refundable costs that we incur in booking your service with one of our couriers and then cancelling as a result of your termination of contract. 

    4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

  1. Our rights to end the contract

    1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:

      1. you do not make any payment to us when it is due;

      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service;

      3. you do not, within a reasonable time, allow us to collect the package from you for delivery; or

      4. you attempt to send a prohibited item; or 

      5. you are in breach of any of your obligations under this contract. 

    2. We may end the contract if we are affected by circumstances outside of our control. We may end the contract by notifying you in writing without liability for non-performance if our performance of the services is prevented or delayed by any of the reasons listed in this clause. If we end the contract in such circumstances we will refund any sums you have paid in advance for the service less any charges for part performance of the services we incur. In relation to termination in accordance with clause 8.7 we will not be able to provide a refund. 

      1. Seizure of your goods/package under any legal process (including any customs authority);

      2. Consequences of (whether declared or not) war, invasion, acts of enemy hostilities, civil war, insurrection, uprising, revolution, rebellion, military or usurped power or confiscation, martial law or mutiny;

      3. Nationalisation, confiscation, requisition or destruction or damage to property;

      4. Riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour;

      5. Epidemic or pandemic or compliance with any laws or regulations implemented to deal with any epidemic or pandemic;

      6. Extreme weather conditions;

      7. Fire, flood, storm;

      8. Accident or breakdown of vehicles, plant or machinery; 

      9. Default of suppliers or sub-contractors

      10. Contamination from hazardous materials including but not limited to ionising radiations or radioactivity, toxic, explosive, chemical, biological, biochemical or electromagnetic materials;

      11. Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; 

      12. The imposition of any new administrative processes or other trade barriers arising as a consequence of the United Kingdom’s departure from the European Union; or 

      13. Acts of God. 

    3. What happens to your package if we end the contract or cannot deliver. If we end your contract we may do any of the following with your package:

      1. you acknowledge that there may be some circumstances when your goods or package cannot be returned to you. This may be because of the reasons listed in clause 11.2 where they have been seized, damaged or destroyed in which case we shall not have liability for the loss. 

      2. if we cannot deliver your package and we are unable to contact you to arrange its return to you following reasonable attempts to do so within 30 days of the estimated delivery date we will be entitled to dispose of the package at our sole discretion without further liability to you. You however, would be liable for any storage fees; 

      3. if your package poses a safety or security threat deal with it in accordance with clause 3.6 or hand it over to the appropriate authorities; 

      4. if your package is in the possession of us or our subcontractors we may return the package to you;

      5. refuse to collect your package;

    4. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you an amount as compensation for the net costs (which may include but are not limited to any costs incurred in part performance of the services, any fines, claims against us from third parties in relation to our contract with you or the package you send, penalties, duties/taxes, charges or reasonable legal or professional costs, we will or do incur as a result of your breaking the contract and you promise to pay these costs on a £ for £ basis that they are incurred by us. 

  1. If there is a problem with the Service

How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at 0207846 0127 or by writing to us at info@supersent.com. You need to inform us about any problems within 24 hours of the date that the package was collected from you, 24 hours from the date of your order or 24 hours from the date of delivery whichever is later. In order for us to be able to deal with any query about damage you will need to send us photographs of the state of the package prior to its collection and following its delivery, together with reasonable evidence of the value of the content of the package within 5 days of the date we request such evidence. If it is not reasonably possible to raise a concern with us within the time scales set out above you must in any event tell us within one year less a day from the date that you placed the order. 

  1. Your rights in respect of defective Services or packaging materials if you are a consumer

    1. If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

    2. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

If your product is goods i.e. packaging materials, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. 

  1. Your rights in respect of defective Services or packaging materials if you are a business

    1. If you are a business customer we warrant that the services will be carried out with reasonable skill and care.

    2. If you are a business customer we warrant that on delivery any packaging materials that we supply shall:

      1. conform in all material respects with their description and any relevant specification;

      2. be free from material defects in design, material and workmanship;

      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

      4. be fit for any purpose held out by us.

    3. Subject to Clause 14.4, if:

      1. you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 14.2;

      2. we are given a reasonable opportunity of examining such product; and

      3. you return such product to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

    4. We will not be liable for a product's failure to comply with the warranty in Clause 14.2 if:
      1. you make any further use of such product after giving a notice in accordance with Clause 13.2(a);

      2. the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

      3. you alter or repair the product without our written consent; or

      4. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

    5. Except as provided in this Clause 14, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in Clause 14.2.

    6. Except as provided in this clause 14, we shall have no liability to you in respect of a service's failure to comply with the warranty set out in clause 14.1.

    7. These terms shall apply to any replacement services or packaging materials supplied by us.

  1. Price and payment

    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the service you order.

    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.

    4. When you must pay and how you must pay. The payment cards we accept will be set out on the payment page on our website. These may change from time to time. You must pay for the service when you order them online. In any circumstances where you owe us additional money to that which was charged when you placed your order, including but not limited to for example re-delivery charges, duties and taxes, our costs because you have not complied with these terms we will raise an invoice which will be payable within 14 days of the date of the invoice.

    5. Our right of lien over your goods. Whilst you owe us any money we have a lien on all goods that are in our possession or control or the possession or control of our subcontractors. 

    6. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off

 

  1. insurance cover and what you need to do

    1. You should take photographs of your package before it is collected. If there is a problem or any damage is caused during delivery this will assist in dealing with any problems you raise with is. 

    2. You must ensure that when you place your order for services you accurately confirm the value of the items you are shipping. You should also retain proof of value of the items being shipped. 

    3. Any payment made to you in respect of the value stated in your order for lost or damaged goods/package where it is our fault and we accept responsibility will be in full and final settlement of your claim. 

  2. Our responsibility for loss or damage suffered by you generally

    1. In addition to the specific provisions in clauses 18 and 19 we will not be responsible for loss or damage of your package or the goods contained within it caused by:

      1. any breach of these terms by you;

      2. you or your recipient not taking or accepting delivery within a reasonable time; 

      3. any goods of a type that are listed in clause 3.7;

      4. any inherent liability to wastage in bulk or weight including as a result of ordinary leakage or evaporation, latent defect or inherent defect or natural deterioration of the goods, wear or tear, depreciation, the effect of any cleaning, dying or restoration process or damage caused by moths or vermin;

      5. delay as a result of circumstances outside of our control including but not limited to those circumstances listed in clause 11.2;

      6. delay as a result of any applicable laws or regulations being enforced including but not limited to those relating to customs and duties; 

      7. seizure under any legal processes or any other acts or omissions of customs or other governmental or regulatory authorities or compliance with the instructions of customs or other governmental or regulatory authorities;

      8. any circumstances that are outside of our control including but not limited to those circumstances listed in clause 11.2;

      9. your fraud or any fraud committed by the owner of the goods.  

  3. Our responsibility for loss or damage suffered by you if you are a consumer  - please also read clause 16

    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    2. How much would we be liable for? Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of the value you stated in the order process for the items you are shipping and the total sum paid by you for services under such contract.
       

    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.  

    4. We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 19.

  4. Our responsibility for loss or damage suffered by you if you are a business – please also read clause 16

    1. Nothing in these terms shall limit or exclude our liability for:

      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

      2. fraud or fraudulent misrepresentation; or

      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

    2. Except to the extent expressly stated in clause 14.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

    3. Subject to clause 19.1:

      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of the value you stated in the order process for the items you are shipping and the total sum paid by you for services under such contract.  

  5. How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

  1. Other important terms
  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation in particular we subcontract the collection and delivery service to selected couriers.

  2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

  3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

  6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

  7. Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, we will confirming in writing to you at the end of our complaints process the name and details of a certified ADR provider and confirmation as to whether we are prepared to engage with ADR.  

  8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

SCHEDULE
Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate