TERMS & CONDITIONS OF USE OF DPD IRELAND SERVICES
Who we are
We are DPD Ireland, the trading name of Interlink Ireland Limited ("DPD"). Registered in Ireland No: 113012. Registered Office: Athlone Business Park, Dublin Road, Athlone, Co Westmeath, Ireland. Our VAT number is IE 480 7499W.
Please read these Terms and Conditions of Use and the attached Terms & Conditions of Carriage before you use this Website, use or register with Parcel Wizard and/or order any of our Services (as defined in the "What we can do for you" section).
When you place an order with us, we will send you an order confirmation email for your records. If you are a registered Parcel Wizard user you will also be able to access records of your Contract by reference to your order confirmation email and the terms that we email to you from time to time. If you are not a registered user you will be able to access your Contract by reference to your email confirmation and the terms that we attach to that email. If you have trouble accessing your Contract information please contact us by calling us in ROI on +353 (0) 90 64 80247 (this is a standard ROI telephone number – please check with your provider re. applicable call rates) or email us at email@example.com.
When you use this Website, use or register for Parcel Wizard and or place an order for our Services under a Contract, the latest version of these terms will apply to your Contract.
If we amend our terms, and you are one of our registered users, we will email you with updated terms when we make changes to them. If you are not a registered user, we will email you a copy of the latest terms when we confirm your order. These terms were last updated on 21st October 2016.
What we can do for you
Parcel Wizard Services
Parcel Wizard is a web portal from DPD through which you can register your contact information and preferences with regard to consignments which will be delivered or collected by DPD. Registering with and using Parcel Wizard is free of charge, however you can access and order our chargeable "Delivery Upgrade", "Pickup Point Services" and "My UK Virtual Address" from your Parcel Wizard account.
DPD allows registered Parcel Wizard users to change the delivery address of their parcels to a Pickup Point or from one Pickup Point to another, or from a Pickup Point to an alternative address.
My UK Virtual Address
Parcel Wizard users in the Republic of Ireland can choose to have their online purchases delivered to a DPD "UK Virtual Address" which is located in Northern Ireland and DPD will take them from the UK Virtual Address to the customer's preferred place of delivery in the Republic of Ireland.
Pickup Point Services
DPD is building a network of over 600 partners with locations all over Ireland (both the Republic of Ireland and Northern Ireland) to give you access to our "Pickup Point" network of "Parcelshops" where you can hand in parcels for return, or have parcels dropped off for you to pick up when suits you ("Pickup Point Services"). Pickup Point Services are offered to registered Parcel Wizard users and non-registered users.
DPD's services together are referred to as "the Services". Please see below for further information in relation to each Service. The Services and your Contract are provided in English only.
When you order goods from a third party Consignor you will enter an agreement for purchase and delivery with that Consignor. A Consignor may then engage us to deliver your goods but we are not a party to your agreement with the Consignor and we will have no direct responsibility to you in respect of that delivery. Equally, a Consignor may allow you to return your goods for free using our Services, in which case the Consignor is engaging us and remains responsible to you for delivery and/or return of your goods. The Consignor is our customer and any delivery or return information we receive will be processed by us according to the Consignor's instructions. Payment for the delivery or return of your goods will pass between us and the Consignor and you will not be required to pay us directly for our delivery services.
Where you select delivery to "Safe Place", you are responsible for ensuring that this location is a safe location in which to leave a parcel. To the extent permitted by law, DPD is not liable for the contents of a parcel in the event that it is delivered to a safe place and goes missing.
How our services work
Parcel Wizard Delivery Preferences
If you are a registered Parcel Wizard user, we will match the delivery details provided by the third party merchant or consignor, i.e. the person who is shipping the goods to you, (the "Consignor") with your Parcel Wizard user account and you will be able to use Parcel Wizard to communicate with us directly in respect of your delivery preferences and we will be able to keep you updated on the progress of your parcel. Your contract for purchase and delivery of the goods will remain with the Consignor, but we offer the Parcel Wizard account as a free "value-added" service to you.
As a Parcel Wizard registered user, you can order an upgrade to your delivery date and/or location using your online account. For example, if you want your parcel delivered to your local Pickup Point instead of the original address specified to the Consignor, you can let us know through the "Manage Delivery" service available through your Parcel Wizard account.
Please read carefully the Terms and Conditions of Carriage section of this document for more information on our responsibility and liability to you for chargeable delivery upgrades that you order.
My UK Virtual Address
Parcel Wizard registered users will have access to our "My UK Virtual Address" service which offers the registered Parcel Wizard user the facility to use a UK Virtual Address located in Northern Ireland to have purchases delivered to. DPD will collect your goods from the UK Virtual Address and deliver them to you or your nominated consignee within the Republic of Ireland.
If you buy goods from a UK Consignor and use the My UK Virtual Address, your contract for delivery of the goods will remain with the Consignor (as per the Standard Delivery section of these terms) until the goods are validly received and accepted by us at the My UK Virtual Address location.
From the point we receive your parcel at the UK Virtual Address, your contract for collection and delivery will be with us and the Terms and Conditions of Carriage, outlined below, will apply.
If you are using our My UK Virtual Address service to have your parcel delivered to a non-Pickup Point address, you will be asked to pre-pay the cost of delivery from the UK Virtual Address to the address you nominate in the Republic of Ireland. If you are having your parcel delivered to a Pickup Point, you can opt to pay in advance or pay at the Pickup Point once your item is ready for collection.
Both Parcel Wizard users and non-registered users can use our DPD.ie website to order our Pickup Point services to return goods from a Pickup Point or to have items delivered to a Pickup Point. If you are a Parcel Wizard registered user, you can access the Pickup Point returns service through the "My Returns" button in your Parcel Wizard account. As a registered user you will also be able to direct that your items are delivered to a Pickup Point, and/or avail of Delivery Upgrade services.
Pickup Point Returns: To order our return services, we will need you to complete the steps set out on the returns webpages of www.DPD.ie (or of your Parcel Wizard account), where we will require you to provide us with information in respect of the retailer you purchased from and the parcel details. Some retailers offer their customers free returns using DPD services. You will be able to find out if your retailer offers you free returns by selecting them from the drop down menu on our website. If your retailer has covered the cost of your returns, the contract for return will be between us and your retailer and we will not charge you for our services, which will be provided as Standard Delivery.
If your retailer does not offer free returns via DPD, you will be engaging us as your carrier. Please read carefully the Terms and Conditions of Carriage section of this document for more information on our responsibility and liability to you for deliveries or returns of your order.
Using the information you provide to us about the retailer, where the parcel is bound for and the size and weight of your parcel we will quote you a price for the return of your parcel.
Once you are happy with the price and with our Terms and Conditions of Use and the Terms & Conditions of Carriage, you can continue to print your returns label and fix this label to your parcel. You can pay for your return in advance on our website (or, if you are a Parcel Wizard member you can use your Parcel Wizard credit). At the Pickup Point, our Pickup Point partner will give you a receipt for your return and we will collect your parcel either later that day or next working day.
You will be able to track your parcel online via DPD.ie using the tracking number provided on the label you printed and will be able to see when your parcel is delivered to its destination.
If your retailer has set a time limit on when you are entitled to return goods, it is your responsibility to make sure you present your return parcel to us in good time and clearly labelled so that your parcel can reach your retailer within the time limit they have set. It is your responsibility to ensure that your packing and enclosures adhere to any and all specific returns requirements specified by the retailer. These may include correct completion of returns documentation and/or enclosure of receipts or original packaging.
Please read carefully the Terms and Conditions of Carriage section of this document for more information on our responsibility and liability to you for chargeable deliveries or returns you order.
Pickup Point Collection
Registered Parcel Wizard users can opt to have items delivered to Pickup Points as part of our value-add delivery preference option.
Restrictions and Availability
· Our Services are offered to customers in the Republic of Ireland and Northern Ireland only.
· Members must be over 18.
· Our Services are for use by consumers.
· We do not accept commercial/business users to this service.
Our Services are offered only where:
(i) DPD has been engaged as the carrier by your Consignor for a Standard Delivery; or
(ii) DPD is engaged by you subject to our Terms and Conditions of Carriage for Pickup Point returns, My UK Virtual Address and/or Delivery Upgrade.
This means that, even though you might want to use our Services, if your Consignor has engaged another carrier, or over-ridden your delivery or return preferences, we will not be able to provide our Services to you.
It also means that you can only specify that your parcels are delivered to Pickup Points if DPD have been engaged by you or your Consignor and DPD have confirmed that the parcel will be carried by us. If a parcel arrives to a Pickup Point without a DPD tracking reference, the Pickup Point will not accept the parcel for delivery.
Payment for our services
We offer a number of ways to pay for our services. You can go use your Parcel Wizard account to pay for:
· Parcel Wizard Top Up;
· My UK Virtual Address;
Our online visitors can pay for our services using PayPal and SagePay. Parcel Wizard Top-up allows you to top your online Parcel Wizard account with credit using SagePay. We will always be happy to refund you any Top-Up credit that you have not used and which you ask us to return to you. If you wish to have your Top-Up credit returned, please contact us by calling ROI +353 (0) 90 64 80247 or email us at firstname.lastname@example.org.
Once you have provided details of your order, we will give you the chance to review the key details of your order, including the price, before your press the "Buy Now" to proceed through to payment. Please check the details of your order carefully before proceeding to payment.
If you are pre-paying for our Services online, once your fee is paid, we will send an email as soon as possible to confirm receipt of payment. You can also pay for Pickup Point returns and My UK Address services to at the Pickup point.
To pay for Pickup Point returns in store, simply bring your pre-printed label to the Pickup Point together with your parcel. Our Pickup parcel shop partners will scan your label to assess the charge due. If your return has not been paid for in advance, or if there is a supplementary amount due, you can pay directly to our Pickup partner.
If your parcel is not of standard size and weight (see our Terms and Conditions of Carriage for more details), we will inform you in advance of the full cost of delivery, based on the information you provide us with. If your parcel is bigger or heavier than indicated, we will request payment prior to releasing your parcel for collection. Parcels for return must conform to the dimensions outlined at dpd.ie/pickup
If there are any errors in your order, please contact us as soon as possible so that we can endeavour to correct them by calling us on ROI +353 (0) 090 64 80247 (this is a standard ROI telephone number – please check with your provider re. applicable call rates) or email us at email@example.com.
LIMITATION OF OUR LIABILITY IN RELATION TO OUR WEBSITES, PARCEL WIZARD AND THE SERVICES
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Websites (as defined in the "Our Websites" section) or any content on it, whether express or implied.
Subject to "YOUR RIGHTS" below and the limitation of liability set out in our Terms & Conditions of Carriage, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
· use of, or inability to use the Websites, Parcel Wizard and the Services; or
· use of or reliance on any content displayed on the Websites and Parcel Wizard.
Notwithstanding any other provision of this Contract (and all other terms of this Contract shall be interpreted subject to the following):
- We are under a legal duty to supply Services that are in conformity with this Contract.
· We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Contract, 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, for example, it is obvious that it will happen or if, at the time the contract was made, both we and you knew it was a reasonably likely consequence of our breach of Contract
· We do not exclude or limit in any way our liability to you under this Contract 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; or for breach of your legal rights in relation to the Services under consumer protection law. These rights are subject to certain exceptions.
· We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
For detailed information as to your consumer rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 (for consumers in Northern Ireland) and call 0761 07 4000 or visit www.citizensinformation.ie (for consumers in the Republic of Ireland).
If you have any complaint about our Services you can contact us by calling us in ROI on +353 (0) 90 64 80247 or email us at firstname.lastname@example.org.
OUR WEBSITES: PARCELWIZARD.IE AND DPD.IE AND PARCEL WIZARD
We may update the Parcel Wizard site or portal or the DPD.ie site (our "Websites") from time to time. We do not guarantee that our Websites or Services will be uninterrupted or available at all times or at all.
The content of the Websites is for general information only. We try to keep information up to date but we make no representations, warranties or guarantees, whether express or implied that the content of our site is accurate, complete or up to date.
By supplying us with information via the Websites or otherwise, you authorise us to use that information for the purpose of delivering our Websites and our Services to you and personal information provided by you will be used by us in accordance with the Privacy and Cookies Statement available here. [Insert Link]
You must keep the information on your Parcel Wizard account accurate and up-to-date. You must provide us with comprehensive and clear information as our ability to provide Parcel Wizard and/or our Services depends on this. DPD will not be responsible for delays, losses or costs caused by incorrect or inaccurate information provided by you.
Please do not share your Parcel Wizard login details with anyone else. You will be responsible for any activity from your Parcel Wizard account and we will always assume that you are in sole control of the account.
If you give us information about any other people (for example the name and address of a neighbour who will accept your delivery) please ensure you have their consent before sharing their information.
We do not guarantee that our Websites will be secure or free from bugs or viruses. You are responsible for the security of your device, platforms and software used in accessing our Websites. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
Intellectual Property – Trade Marks and Site Content
"PARCELWIZARD" is an Irish registered trade mark of Interlink Ireland Limited. We are the owner or licensee of all intellectual property rights (including trade mark rights) in our site and in the material published on it. All such rights are reserved.
Where our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have not control over the contents of those other sites or resources.
You may link to our publicly available homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Termination of your Parcel Wizard account or a Contract shall not affect our rights and remedies that have accrued as at termination. Clauses which by their nature must necessarily survive termination and any clauses that are expressed to survive termination shall continue in full force and effect.
We may assign or otherwise transfer our rights and/or obligations under these terms to any third party from time to time.
Unless we otherwise agree in writing:
- no verbal, written or other addition, amendment, variation of your Contract shall be effective;
- your Contract constitutes the entire agreement between you and us and the terms of the Contract supersedes any other terms and conditions appearing elsewhere and takes precedence over and excludes any terms or conditions stipulated or incorporated or referred to by you, your agent or any third party.
If you have any questions or concerns call us on ROI +353 (0) 90 64 80247 or email us at email@example.com.
TERMS & CONDITIONS OF CARRIAGE
We accept your goods for carriage upon the terms and subject to the conditions set out below (“these conditions”), which form part of your Contract.
We would draw your particular attention to the limits and exclusions to our liability as set out in the "Undelivered or Unclaimed Items", “Delivery and Our Liability” and “Limitations of Liability” sections of these conditions.
In some online contracts a consumer has a right to cancel the contract within 14 days but due to the nature of our services, this does not apply and you will not be entitled to cancel a Contract.
In these conditions the following expressions shall have the following meanings:-
“Address” means the address or point of delivery notified by you to us, or any subsequent alternative address or point of delivery notified by you to us, and accepted at our discretion.
“Consignee” means the person or entity to which the Consignment is addressed;
“Consignment” means goods in bulk or contained in one parcel or package or in any number of separate parcels or packages, in all cases sent at one time in one load from one address to an Address under a Contract;
"Consignor" means "you", the person, firm or company that enters into a contract of carriage or a contract for other services with us.
"Contract" shall mean these conditions, the Terms and Conditions of Use, our Privacy and Cookie Statement and your order for carriage of goods;
“Dangerous Goods” has the meaning set out in Annex 1;
“Nominee” shall mean a person or entity nominated by the Consignee to notify us of the Address and preferred delivery time and, where applicable, to take delivery of the Consignment;
"Prohibited Goods" means the goods described at Annex 1;
“Transit” shall have the meaning set out in in the "Transit" section of these conditions.
"UK Virtual Address" means the address provided by us to registered Parcel Wizard users who wish to avail of the My UK Virtual Address service and to which relevant Consignments must be addressed in order to be received by us.
WE ARE NOT A COMMON CARRIER
We are not a common carrier and will only accept goods for carriage on these conditions. We reserve the right to decline to provide our services for any reason.
PARTIES AND SUB-CONTRACTING
Where you are not the owner of all of the goods in any particular Consignment, you warrant that you are for all purposes the lawful and duly authorised agent of the owner or owners of the Consignment and that you can accept these conditions for yourself and for and on behalf of any other person having any interest in the Consignment.
You agree that we may employ and engage the services of any other carrier for the purposes of fulfilling the Contract (including any of our own franchisees, agents and network members) and any such other carrier shall have the like power to subcontract on like terms.
We enter into the Contract for and on behalf of ourselves and our officers, servants, agents and sub-contractors all of whom shall be fully entitled to the benefits of the Contract and shall be under no liability whatsoever to you or anyone claiming through you in respect of a Consignment in addition to or separately from our liability under the Contract.
OUR CHARGES AND GENERAL LIEN
Our current standard charge for a single standard parcel delivery is:
For My UK Virtual Address service is €3.85 per parcel, inclusive of VAT.
This price is based on DPD's maximum consignment weight of 20kg and maximum box dimensions are 40cm x 40cm x 60cm.
If we receive an item of greater weight or outsized dimensions, you will be charged according to DPD standard tariff guide. Please contact firstname.lastname@example.org for details. We will notify you if your Consignment exceeds these maximum measurements and provide you with an estimate of any supplementary charges that will apply to our delivery services.
For Pickup Point Returns charges are as follows:
Small – up to 5kg €6.35
Medium – up to 12kg €9.99
Large – up to 20kg €10.99
Small – up to 5kg £5.40
Medium – up to 12kg £8.50
Large – up to 20kg £9.35
If any customs or other import duty is payable on the goods which are being transported by DPD for you, you shall be responsible for payment of such duties in full and you will compensate us for any liability or costs which we become subject to as a result of your failure to make such payment to the appropriate authorities.
If you are using the My UK Virtual Address service, when your Consignment arrives at our UK Virtual Address, we will contact you and notify yo
u of the amount due before we proceed to delivery.
All payments for our Services must be made before we deliver your Consignment if delivery is to an address other than Pickup Point. If delivery is to a Pickup Point, payment maybe made at the Pickup Point when your Consignment is collected.
You are responsible for paying our charges for use of any of our Services. We may also have rights against the Consignee or any other person, but these rights will not reduce your obligation to pay us for the use of our Services.
You may not defer or withhold payment of any money due or liabilities incurred to us by reason of having any claim or counterclaim or any alleged claim or counterclaim and you will not be entitled to set off any sum you may owe us, against any sum we may owe you.
We will have the right to hold the Consignment (under a first specific lien) if you owe us charges and we will be entitled to take the actions set out below.
We shall have a general lien against you or the owner or owners of any goods comprised in any Consignment for any monies and other liabilities whatsoever due from you or such owner or owners to us. This means that we have a right to hold onto the goods until such monies are paid.
We will notify you that we are holding the Consignment and request payment of any sums due. Such notice will be given in writing and will be sent by email or delivered by post to your last known address; it will state the amount due; and it will state our intention to dispose of the Consignment unless the amount due is pain in full by the expiry of the notice period. Any notice is deemed received, if by email, on the first working day after transmission and, if by post, on the second working day after posting to your last known address. If we have not received payment within
twenty-eight (28) days
of receipt of such request for payment of sums due from you, we will be entitled to sell any goods in the Consignment as your agent or as agent for the owner. We will be entitled to use the proceeds of such sale towards payment or satisfaction of all such monies or liabilities and all the expenses of any such sale and we shall be discharged from all liability whatsoever in respect of the Consignment. We will hold the remainder of the sale proceeds for you and will transfer such sums as directed by you.
If we fail to deliver a Consignment within the specified time period due to the exercise of our lien, or due to the weight and/or dimensions of your Consignment being outside of our acceptable measurements, you or any owner of the Consignment will not be entitled to a refund or any of our charges or credit against future orders.
VALUE ADDED TAX
Any price quoted for our services is inclusive of VAT.
The prices we charge for our services are based on:
- the maximum acceptable Consignment size and weight as set out in the "Our Charges and General Lien" section;
- the warranties and financial cover we require from you and which are given and accepted on your part;
- the cost to us of maintaining insurance cover against the liabilities that may arise in providing our services;
- the exclusions, limitations and restrictions that are placed on our liability under the Contract.
By entering into a Contract with us, you are acknowledging the above basis for our pricing.
PROHIBITED ITEMS AND RESTRICTIONS
We will not accept carriage of, and you agree not to use our services for delivery of:
- deliveries addressed to PO Box Nos.;
- Prohibited Goods (including Dangerous Goods) set out at Annex 1;
- goods from outside the EU;
- goods which have any charges payable on delivery to the My UK Virtual Address (e.g. cheque on delivery).
If we suffer any costs, losses, damages, expenses or other liability whatsoever because of any Prohibited Goods we have carried for you (whether you were aware of the Prohibited Goods in the Consignment or not), you agree to cover all such costs, losses, damages, expenses or other liabilities, save insofar as the same arise out of our negligence in which case such liability shall be determined in accordance with these conditions.
We may at any time at your sole risk and expense destroy or otherwise dispose of the whole or part of any Consignment containing Prohibited Goods if we consider it reasonable, necessary or advisable to do so.
PACKAGING, LABELLING, SIZE AND DANGEROUS GOODS
You will ensure that that each article comprised in the Consignment has been properly described to us and that the Consignment itself has been properly marked, addressed, and packaged so as to ensure, at all times, safe storage and transportation with ordinary care and handling by road.
If you are using the My UK Virtual Address service, Consignment should be addressed to the My UK Virtual Address and must include your Parcel Wizard ID. If for any reason, your Consignment does not contain your Parcel Wizard ID, or we have difficulty matching your Consignment with your Parcel Wizard ID, we may take the following actions in order to attempt to match the Consignment with your order:
i. Search the name and/or address of the Consignee against our Parcel Wizard customer database;
ii. Contact you or the Consignee and request further information;
iii. Photograph and share images of the Consignment with you or the Consignee;
iv. Contact the consignor and ask for more information;
v. Open the Consignment and inspect the contents for information.
If we fail to deliver a Consignment within the specified time period due to insufficient, missing or inadequate packaging, labelling or address information, you or any owner of the Consignment will not be entitled to withhold payment of any of our charges.
No individual item should exceed 20kg in weight. No individual item should exceed dimensions of 40cm x 40cm x 60cm. If an item exceeds these measurements, we may at our discretion, decline to deliver the Consignment or apply additional charges for delivery. In either event we will notify you and where additional charges are to be applied we will require advance payment of such charges.
You will be liable to us for all costs, damages or expenses suffered by us in respect of unreasonable, abnormal or unusual detention of our vehicles, containers and other things which arise as a result of the nature, state, or packaging of the Consignment or any part thereof.
Unless otherwise agreed in writing, the method and route of transit shall be at our absolute and sole discretion.
Transit commences when:
· For the My UK Virtual Address service, when the Consignment is scanned and received by us at the My UK Virtual Address UK Virtual Address.
· For the Pickup Point returns service, when the Consignment is scanned and received by us at the relevant Pick-up-Point where the Consignor has presented the Consignment.
- For the Delivery Upgrade service, when we confirm to you that we have been notified of and accepted your updated delivery information.
Transit shall (unless otherwise previously terminated) end when the Consignment is tendered at the Address, within the customary delivery hours in the district concerned or at such other times as may be agreed between you and us, or as between us and the Consignee, provided that:-
- if no safe and adequate access is available at the Address then Transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone, text message or email) of the arrival of the Consignment at our premises in the relevant district has been sent to the Consignee; and
- where for any other reason whatsoever a Consignment cannot be delivered or when a Consignment is held by us to await order or “to be kept till called for” or upon any like instructions and such instructions are not given or the Consignment is not called for then Transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone, text message or email) of such fact has been sent to the Consignee.
UNDELIVERED OR UNCLAIMED ITEMS
After termination of Transit, unless otherwise agreed in writing, we will hold the Consignment and will notify you (and/or the Consignee if different) that we are holding the Consignment. If your consignment has been sent to a Pickup Point, it will be held there for seven (7) days and then will be sent to our warehouse. If we have not received instructions and where applicable, payment, for delivery or collection of the Consignment within twenty-eight (28) days of our notification, the contents of the Consignment may be destroyed and we will have no liability to you in respect of the Consignment.
In the case of My UK Virtual Address orders, if, for any reason, your Consignment does not contain your Parcel Wizard ID, or we have difficulty matching your Consignment with your Parcel Wizard ID (please see section on Packaging, Labelling, Size and Dangerous Goods), we may hold the Consignment for twenty-eight (28) days. If we have not have not received instructions or successfully matched the Consignment to your Parcel Wizard ID before the expiry of this period, the contents of the Consignment may be destroyed and we will have no liability to you in respect of the Consignment.
COMPUTATION OF TIME
Where any period of seven (7) days or less provided by these conditions is computed, there shall be ignored any Sunday or bank, or public or other statutory holiday in the Republic of Ireland or Northern Ireland.
Delivery and OUR LIABILITY
Subject to circumstances set out in this section, which may cause undue delays to delivery, we will deliver each Consignment within seven (7) days of the date that Transit commences. In certain circumstances, longer transit times have been agreed with our partners. We will notify you of applicable transit times in these cases.
We shall not be liable for loss or damage to goods prior to Transit and you accept that we have no responsibility or liability for the condition of Consignments or any part of the goods comprising Consignments when they are delivered to the UK Virtual Address or to the Address. This restriction on our liability is subject to "YOUR RIGHTS" as set out in the Terms & Conditions of Use.
We will not knowingly accept any of the Prohibited Goods for carriage and further no liability will attach to us for same.
We shall not be liable for loss or damage to goods during Transit or delay to the extent that the same has been caused by, is due to, or has arisen from:-
- an act of God, force majeure or any other occurrences or cause beyond our control, including war, civil commotion, invasion, hostilities, riots and other occurrences;
- seizure, damage, confiscation, requisition or destruction under legal process or by or under the order of any governmental, local authority, or other public body;
- any act or omission of you or of the owner or owners of the goods comprised in a Consignment (or part thereof), and anything done by us at the express request or direction of you or them;
- any act or omission of the Consignee or Nominee and anything done by us at the express request or direction of them, or in trying to comply with their express request or direction;
- any inherent liability to wastage of consigned goods, either in bulk, weight or quality, any latent or inherent defects or natural deterioration of the goods;
- insufficient or improper packaging;
- insufficient or improper labelling or addressing instructions (including, where relevant, the absence of your Parcel Wizard ID) provided by you, the Consignee or their Nominee);
- industrial disputes, lock-outs and general or partial stoppages or restraints of labour of whatsoever nature;
- electrical, magnetic, injury, erasure, x-ray or other similar damage to electronic or photographic images or recording in any form; or
We will not be liable for any losses which arise indirectly or consequentially for the provision of these services, i.e. loses that arise from special circumstances and not from the ordinary course of things and/or which could not have been reasonably foreseen. We will not be liable for loss of profits or loss of market.
Nothing in these terms shall exclude or limit our liability for death or personal injury arising from our negligence.
All limitations on liability in these Terms & Conditions of Carriage are subject to your rights as a consumer as set out the "YOUR RIGHTS" in our Terms & Conditions of Use.
LIMITATION OF LIABILITY
Subject to these conditions, our liability to you for any loss or damage shall be limited to the following amounts:-
- The replacement value of any goods or merchandise comprising all or part of the Consignment which are stolen, lost or damaged; OR
- EUR €100 (one hundred euro) in respect of the whole Consignment,
whichever shall be the least, save that where applicable consumer protection law requires payment by us of a greater amount, our liability shall be limited to such greater amount.
Any claim made must be supported by such evidence of the value of the goods lost or damaged as we may require.
TIME LIMIT FOR CLAIMS
Other than where we are in breach of our duties to you under a Contract, we shall not be liable for any loss, damage or other liability in relation to damaged or undelivered goods unless:-
- you notify us by email to E:email@example.com or by mail to our head office, quoting your Parcel Wizard ID number or Consignment reference, of an impending claim within seven (7) days after termination of Transit (or in the case of a claim for non-delivery within seven days of the anticipated delivery date); and
- we receive a completed claim form at our head office from you within twenty one (21) days after termination of Transit (or in the case of a claim for non-delivery within twenty one days of the anticipated delivery date).
We shall not benefit from this time limit for claims if you provide evidence that:
- in all the circumstances it was not reasonably possible so for you to advise us of the claimed loss, damage or other liability within the specified time limits; and
- you advised us of the claimed loss, damage or liability at the first reasonable opportunity.
If at any time any one or more of the provisions of these conditions shall become or be declared invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
The headings in a Contract are for convenience only and shall have no effect on the interpretation thereof.
You may deactivate your Parcel Wizard account. If you deactivate your account any Consignments in Transit or undelivered or unclaimed items (as described at section entitled "UNDELIVERED OR UNCLAIMED ITEMS") will remain subject to the relevant Contract but you will not be able to avail of any further Parcel Wizard services including the UK Virtual Address and Delivery Upgrade, and our Contract will terminate.
Subject to any Northern Irish laws which apply to the Services (including mandatory consumer protection laws in Northern Ireland) which may apply to customers in Northern Ireland, these conditions and each and every order made pursuant to them shall be governed by Irish law and the Irish courts will have jurisdiction over any disputes arising from them.
Annex 1: Prohibited Goods
Dangerous Goods: include but are not limited to:
· goods of any kind that may cause harm or damage if leaked or spilled;
· goods included in the list of dangerous goods as set out in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (the “ADR”) and as defined by reference to restrictions in packing group I and II as per the ADR; and
· goods defined as dangerous, hazardous or harmful by reference to any other relevant legislation or regulations together with any amendments thereto (including the British Toll Tunnels, Dangerous Traffic List of Restrictions).
Examples of Dangerous Goods include:
· Explosive substances
· Flammable liquids
· Flammable solids
· Substances liable to spontaneous combustion
· Substances which in contact with water emit flammable gases
· Oxidising substances
· Organic peroxides
· Toxic substances
· Infectious substances
· Radioactive substances
· Corrosive substances
· Paint, oil
· Other miscellaneous dangerous substances such as substances which can be inhaled as a fine dust; substances forming dioxins, substances evolving flammable vapour, lithium batteries, life-saving appliances, environmentally hazardous substances, substances with elevated temperatures.
Restricted and Prohibited Goods:
Any items restricted by law or regulatory authorises including (but not limited to):
· Agricultural and food products
· Animals and animal products
· Offensive weapons
· Dual use items and technology – i.e. items that have a civil and military use
· Firearms and ammunition
· Military and paramilitary goods
· Goods that could be used for torture.
· Indecent or pornographic materials
· Counterfeit goods
· Currency, cash, coin, or imitation currency or coin
· Bank drafts
· Archaeological objects and cultural goods
· Recreational craft
· Rough diamonds
· Tobacco products
· Communications products – radio products, jammers, mobile phone repeaters
· Surveillance equipment
· Un-hallmarked metals
· Drugs and drug paraphernalia
· Human remains and body parts
· Stolen property