TERMS AND CONDITIONS
All orders placed on Highlandparcels.com are processed by Parcel2Go.com
Limited on behalf of Menzies Parcels Limited. The registered office
address of Parcel2go.com Limited is The Cube, Coe Street, Bolton BL3
6BU, United Kingdom.
Your contract for the fulfilment of your order is with Parcel2Go.com
Please read these Terms and Conditions very carefully and particularly
clauses 3.2, 6, 8, and 11 which set out the extent of our liability
under these Terms and Conditions and provide for an indemnity by you in
Please note that certain items are Prohibited Items and cannot be sent by
any of our Services. Please check your item against the Prohibited Item
. If you attempt to send any Prohibited Item using our Services we reserve
the right to deal with any Prohibited Items at our sole discretion without
being liable in any way to you or the recipient of the Consignment
containing the Prohibited Item(s). For the avoidance of doubt, this means
that if these items are carried, they are carried without compensation
cover for damage or loss, regardless of whether compensation cover is taken
out. We have the right to dispose of any Prohibited Items, in whole or in
part, as we decide and reserve the right to charge you for any reasonable
costs we incur in doing so.
Certain other items are carried without compensation cover for damage and
at your risk, regardless of whether compensation cover is
taken out. We do not accept any liability for damage to or made by these
items caused through the use of our Service ( the No Compensation Items). Please check your item against
the item list not covered for compensation here:
. For further details, you must read clause 6.11.
Certain other items require more detail from you before they can be sent
using our Service. Please check your item against the more information
required list here:
Standard Terms of Contract
In these Terms and Conditions, where the following terms are used, they
shall have the following meanings:
“Agreement” means these Terms and Conditions together with
the Service Order.
“Collection Point” means the address at which a
Consignment is received or collected by us.
“Consignment” means any item(s) which are, may be, or are
intended to be, received by us from any sender at an address for us to
carry and deliver to any recipient at any other address.
“Damaged Consignment” means a Consignment that is no
longer in the condition in which it was received by us, or which is or
becomes a health and safety risk.
“Delivery Point” means the address to which a Consignment
is delivered by us.
“Excepted Risks” means:
(i) war, invasion, act of foreign enemy, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection or
military or usurped power, or loot, sack or pillage in connection;
(ii) ionising radiations or contamination by radioactivity from any nuclear
fuel or from any nuclear waste from the combustion of nuclear fuel;
(iii) radioactive, toxic, explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component of the same;
(iv) pressure waves caused by aircraft and other aerial devices travelling
at the speed of sound or faster; and/or
(v) the absence, failure or inadequacy of the packing or packaging used for
“No Compensation Item” means a
Consignment that is carried without compensation cover for damage or loss
and at your risk.
“Out of Gauge” means a Consignment which
is outside of the weight and dimension ranges that we carry on a particular
“Prohibited Item” means any item which cannot be carried
on any Service.
“Purchase” means when you accept the Service Order.
“Returned to Sender” a Consignment may be returned to
sender (i.e. to us) if the recipient sends it back to us and:
(i) you do not accept receipt of that Consignment;
(iii) you do not pay any outstanding charges; and/or
(iii) if the Consignment is delivered and is Out of Gauge, for which you
nor the recipient pay the underpayment.
“Service” means the service and carriage of a Consignment
by us in accordance with the Service Order.
“Service Order” means the summary of the order, which is
displayed during the ordering process, which is confirmed to you in the
confirmation email that we send once we have accepted your order.
“Us, We or Our” means
Parcel2go.com Limited, together with its directors, employees any agents
subcontractors or couriers acting on its behalf.
“You” means the customer, who is contracted with us, as
set out in the Service Order.
2. Our Obligations
2.1 We will carry out the Service(s) for you whilst this Agreement is in
force, in return for the payment by you to us of the price set out in the
Service Order and in accordance with these Terms and Conditions.
2.2 We have the right to make any changes to the Service(s) which are
necessary to comply with any applicable law or safety requirement or which
do not materially affect the nature or quality of the Service(s) and we
shall notify you of any such changes.
2.3 We warrant that we will provide the Service(s) using reasonable care
2.4 If we do not provide the Service(s) with reasonable care and skill, you
may require us to repeat or fix the Service(s) or, if that is not possible
or not done in a reasonable time, obtain a reasonable reduction in the
price from us.
3. Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your
premises, we shall not be under any obligation to provide any equipment or
labour which, apart from the driver collecting the Consignment, may be
required for loading or unloading of a Consignment.
3.2 Any Consignment (or part of a Consignment) requiring any special
equipment for loading and unloading shall be accepted by us for
transportation only on the understanding and condition that such special
equipment will be made available at the Collection Point and the Delivery
Point as required. Where such equipment is not available and if we agree to
load or unload the Consignment (or part of the Consignment), we shall be
under no liability or obligation of any kind to you for any damage caused
(however it may be caused) during the loading or unloading of the
Consignment. This includes any damage caused whether or not by our
negligence and you shall agree to indemnify and hold us harmless against
any claim or demand from any person arising out of our agreeing to load or
unload the Consignment in these circumstances.
4. Collection and Deliveries
4.1 We will make one attempt to deliver a Consignment during normal working
hours. If we cannot obtain a delivery receipt at the Delivery Point, you
agree that we shall be authorised to attempt to:
(a) deliver the Consignment to, or obtain a delivery receipt from, an
alternative address close to the Delivery Point; or
(b) deliver the Consignment to a safe location at the Delivery Point,
and (if successful) we agree that we will leave at the Delivery Point
details of the address or safe location to which we have delivered the
4.2 If we are unable to deliver to the Delivery Point, a nearby address or
a safe location, we shall return the Consignment to our premises and leave
a request for the recipient of the Consignment to contact us to make
alternative delivery arrangements to the Delivery Point. If the recipient
does not contact us to arrange the alternative delivery within 7 days, we
will return the Consignment to you at your cost (such cost to be discharged
before delivery to you).
4.3 If we consider that the Consignment has become a Damaged Consignment
and cannot be delivered because it is or in our reasonable opinion is
likely to be unsafe, hazardous or harmful, we reserve the right to dispose
of the Damaged Consignment immediately.
You agree that we may use another carrier in order to support our provision
of the Services to you (this will be at our own expense) and you agree that
both we and such other carrier shall be entitled to the protection of all
of the terms of this Agreement which exclude or limit liability for any
losses or damage.
6. Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF
OUR LIABILITY WITHIN IT.
6.1 Where you deal with us as a consumer, nothing within these Terms and
Conditions shall be deemed to affect your rights under the Consumer Rights
Act 2015. For the avoidance of any doubt, when you deal with us as a
business, the Unfair Contract Terms Act 1977 is hereby excluded to the
fullest extent legally possible and you are further referred to additional
terms relating to business clients set out below.
6.2 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
6.3 As a responsible business, we will perform the Service(s) in a
professional manner with the appropriate level of skill and care. However,
loss of or damage to a Consignment may still occur as a consequence of our
handling of it and, in such circumstances, our liability shall be limited
as set out in these Terms and Conditions. The reasoning behind such
limitation of our liability is as follows:
(a) the value of a Consignment and the amount of potential loss to you that
could arise if a Consignment is damaged or lost is not something which we
can easily ascertain but is something which is better known to you. In many
cases, it cannot be known to us at all and can only be known to you;
(b) the potential amount of loss that might be caused or alleged to be
caused to you is likely to be disproportionate to the sum that we could
reasonably be expected to charge you for providing the Service(s) under
(c) it is not possible for us to obtain cover which would give unlimited
compensation for our full potential liability to all of our customers and,
even if it were, such cover would be much cheaper if taken out by you
(rather than us taking out such cover and passing the cost on to you) and,
on that basis, it is more reasonable for you to take out such cover from an
independent third party. Please note that you are also able to purchase
compensation cover from us for your Consignment during the ordering
(d) we wish to keep the costs of providing the Service(s) to you as low as
(e) in light of the above, we wish to limit our liability for any damage or
loss caused to you to a level which we consider reasonable to our low
charges for providing the Services;
(f) in these Terms and Conditions, damage to you means any damage suffered
by you (including any loss of, or damage to, a Consignment and any other
loss, whether or not known to you or us or in either of our contemplation
at the time of entering into this Agreement), however it arises but only so
long as it is caused by our negligence, breach of duty or other wrongful
act or omission (which includes any deliberately wrongful act or omission)
and any breach of any terms of this Agreement, or any terms which are
implied by statute (where applicable); and
(g) we investigate all claims received by us in a fair and speedy manner,
but such investigations are more accurate and are easier to perform soon
after the loss or damage is alleged to have incurred and, on that basis,
the timescales set out in this Agreement are necessary to ensure that such
investigations can be performed fairly.
The Extent of our Liability
6.4 We shall only be liable for damage or loss caused to you if it is
caused by our negligence, breach of duty or other wrongful act or omission,
and only subject to the limitations set out within this clause 6.
6.5 We shall not be liable to you under any circumstances for:
(a) any direct or indirect loss (including, but not limited to loss of
profits, or loss of goodwill); or
(b) any other special or indirect losses, costs, damages, or claims
which do not arise naturally as a result of our negligence, breach of duty,
or other wrongful act or omission.
6.6 We shall not be liable to you:
(a) under any circumstances where there are any material discrepancies
(meaning more than 10% difference) between the declared dimensions and/or
weights and the actual dimensions and/or weights;
(b) for the cost of repairing any damage caused by our negligence, breach
of duty, or other wrongful act or omission, unless it is agreed by us that
the repair work is to be carried out and that a repairer approved by us
undertakes this work; or
(c) in any circumstances in respect of the items on the Prohibited Items;
Special Provisions items; or for loss of or damage to the No Compensation
Items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability
6.7 If we are liable to you for any reason, we shall only be liable to
refund you up to the following amounts in the following circumstances,
subject to you purchasing any extra compensation for your Consignment from
(a) If we lose or damage all of a Consignment we will be liable for a
maximum of £50. If however this maximum figure is greater than the actual
value of the Consignment then we shall only be liable for the full value of
(b) If we lose or damage part of a Consignment, the amount of the sum
determined under clause 6.7(a) above shall be pro-rated down to represent
the proportion that the actual value of that part of the Consignment bears
to the actual value of the whole Consignment (so, by way of an illustrative
example, if the whole Consignment was worth £50 ,and we lost or damaged one
quarter of it, we would only be liable for 25% of the figure worked out
under clause 6.7(a) above, i.e. £12.50 for the £50 service);
(c) If we cause you loss or damage arising in any other way, a maximum of
£50 in respect of any Consignment.
6.8 Notwithstanding Clause 6.7 if the cost paid for the Services is greater
than the sum that would be payable under Clause 6.7 then refund payable to
you shall be the cost paid for the Services.
6.9 If you consider that the potential loss to you caused by the loss or
damage of all (or part) of a Consignment would exceed the figures set out
in Clauses 6.7 and 6.8 you must arrange separate cover or insurance to
cover such potential loss. For the avoidance of doubt, this includes any
additional insurance you may require in respect of any items listed on the
“Special Provisions” and “No Compensation Items” lists. The items on the
“Prohibited Items” list are prohibited and no level of insurance taken out
by you will change whether these items will be allowed. If you do not do
this then we shall not be liable to you for more than the amounts set out
above and you shall be responsible for the risks in any amounts not covered
through such cover or insurance (or lack of). Where the value of any
Consignment is above the value of the compensation set out in clause 6.7(a)
to (c), you are able to purchase extra compensation during our ordering
process from us. Where you do not purchase the extra compensation from us
during our ordering process, you confirm that you accept the risks of not
Where you purchase compensation cover for your Consignment from us, our
liability to you is limited to the lesser of: (i) the value of the
compensation cover taken out; or (ii) the actual value of the Consignment
at the date of loss or damage (as applicable).
Where you do not purchase compensation cover, you confirm that you
accept the risks of not doing so.
We offer two types of compensation cover for Consignments:
- Compensation for loss or damage
- Compensation for loss only
Please note that if you purchase compensation cover for loss only, you will
not be insured, and we shall not be liable, for any losses that you suffer
due to any damage caused to the Consignment other than for up to the cost
that you have paid for the Service(s) in circumstances where such damage is
caused by our negligence, breach of duty or other wrongful act or omission,
and subject to the limitations set out within this clause 6.
Irrespective of the type of compensation cover ((i) loss only; or (ii) loss
or damage) that you purchase, we will not be liable to repay you the market
value of the Consignment as at the time it was purchased by you.
Consignments by their nature are subject to depreciation.
You must take out a “new for old” compensation policy should you wish
to be compensated in this way.
6.10 In order to ascertain the extent of our liability above, we shall
require proof of the value and weight of the entire Consignment and any
constituent part or parts and you must ensure that, prior to our collection
of the Consignment, you have a record of these. For the avoidance of any
doubt, and without affecting clause 6.5, we shall only be liable for the
replacement value of the Consignment and not for any sums that would amount
to profit on the Consignment or applicable value added tax (or like tax) on
6.9 If a claim arises as a result of damage to the whole or part of a
Consignment and if we settle the claim for a sum equal to or greater than
the value of the Consignment (in circumstances where you have purchased
compensation cover for loss or damage), then we shall be entitled to claim
ownership of the Consignment and deal with it as we see fit. For the
avoidance of any doubt, we shall be responsible for the cost of recovery of
6.10 If you wish to combine a number of discrete packages within a
Consignment, you must do this within an outer box or packaging fully
encompassing each discrete package. If you do not do this and any
individual discrete package(s) come apart in transit resulting in one or
more of them being lost, then once the remaining parcel(s) are signed for
by the recipient, you accept that you cannot make a claim for loss or
partial loss of the Consignment.
No Compensation Items and Special Provisions Items
6.11 Certain items are carried without compensation cover for damage or
loss and at your own risk regardless of whether you have purchased
compensation cover. A list of these items can be found at:
We do not accept any liability for damage to or damage caused by any of the
items on these lists, whatsoever and howsoever damage is caused, whether in
contract, breach of statutory duty, tort (including negligence) or
For the avoidance of doubt, if you purchase compensation cover for the
items on the “Special Provisions Items” and/or “No Compensation Items”
lists, they will be carried with compensation cover only in the event they
are lost by us.
6.12 We shall not, in any circumstances, be liable to you for any damage
caused arising directly or indirectly as a result of any of the Excepted
6.13 If at any time we are prevented or delayed from starting, carrying out
or completing any of the Services because of a strike, lock out, labour
dispute, weather conditions, traffic congestion, mechanical breakdown or
obstruction of any public or private road or highway or any other cause
beyond our control, you shall have no claim for damages against us for any
loss that you may suffer as a result provided that, where the delay is
caused by the mechanical breakdown of one of our vehicles, we shall use all
commercially reasonable endeavours to provide a replacement vehicle with
the minimum delay practicable.
6.14 We shall not in any circumstances be liable for any late delivery or
missed delivery or failure to deliver caused by or contributed to by any
deficient or ambiguous labelling of a Consignment and you agree to be
responsible for ensuring that such labelling is clear and unambiguous.
6.15 If our performance of any of our obligations under this Agreement is
prevented or delayed by any act or omission by you or failure by you to
perform any relevant obligation (“Your Default”):
(a) we shall (without limiting our other rights or remedies) have the right
to suspend performance of the Service(s) until you remedy Your Default and,
and we shall have the right to rely on Your Default if Your Default
prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses that you may suffer that
arise directly or indirectly from our failure or delay to perform any of
our obligations; and
(c) you shall reimburse us on written demand for any costs or losses
sustained or incurred by us arising directly or indirectly from Your
7. Claims and Refunds
7.1 We shall not be liable to you under any circumstances for any loss or
damage unless you notify us either via our website or by written notice to
The Cube, Coe Street, Bolton BL3 6BU within:
(a) 14 days of delivery of the Consignment in the case of damage to all or
part of a Consignment or loss of part of a Consignment;
(b) and in all other cases (including, but not limited to, loss of the
whole of a Consignment) within 28 days from when the Consignment was
collected or received by us.
Making a Claim
7.2 The procedure for applying for a claim for loss, damage or part damage
(a “Claim”) is as follows:
(a) log into the “My Account” section on our Website;
(b) in the “Submit a New Claim” section, please click “Create Claim”;
(c) fill in the details as indicated; and
(d) click “Submit”.
7.3 Once your Claim has been submitted to us, we will review it before
deciding whether we are able to make an offer to settle your Claim.
7.4 You will be notified of our decision of whether we are able to settle
your Claim or what offer we are prepared to make (“ Our Offer”) in the “Your Claims” section on the “My
Orders” page of “My Account”.
Accepting Our Offer for your Claim
7.5 The procedure for accepting Our Offer is as follows:
(a) log into “My Account”;
(b) click “Accept Offer”;
(c) choose one of the 2 payment options; and
(d) insert the account details for the account you wish Our Offer to be
paid into. It is your responsibility to provide the correct account details
into the boxes provided. Please note that we will not be liable for any
incorrect details which are provided by you. For the avoidance of doubt, we
will not be obliged to make any further payments to you in the event that
you have provided incorrect account details. Furthermore, we are not
obliged to reverse any payments we may make to incorrect accounts as a
result of you providing incorrect details.
Requesting a Refund
7.6 The procedure for requesting a refund is as follows:
(i) on our website, go to the Our Live Help Desk section;
(ii) enter your Parcel2Go reference number;
(iii) if your claim is in connection with a Service failure, please provide
your parcel tracking number; and
(iv) alternatively, you can submit your request for a refund in writing to
7.7 Refunds may be given at our discretion and in accordance with the
Service definitions made available to you at the time of payment.
7.8 Should a refund be appropriate, it shall be made back to the payment
method originally used to book the transaction or into a prepay account
7.9 Refunds can only be processed to the contracted party who booked the
7.10 Refunds will not be offered for consequential loss.
7.11 Refunds must be requested within 28 days from the date the order was
7.12 We will not provide any refund or reduction of charges if we receive
less than the number of parcels for which you have contracted.
Consignments Returned to Sender
7.13 If a Consignment is Returned to Sender, we shall give you 14 days in
which to collect the Consignment, failing which we reserve the right to
dispose of it. We shall not be liable to you under any circumstances for
any loss caused by us exercising this right and you failing to collect the
Consignment in the timescales specified.
8. Your Indemnity
8.1 We shall assume, for the purposes of this Agreement, that you are the
sole owner of every item dispatched in the Consignment but, if any other
person makes a claim against us for loss of or damage to any such items
beyond our liability to you, then you agree that you shall indemnify us
against any losses or liabilities that we suffer through that claim
(including all legal costs and expenses) and you agree that we shall have
no liability to you in these circumstances, regardless of whether such
claims exceed any limitations of liability set out in this Agreement.
8.2 You agree to indemnify us against any losses or liabilities that we may
suffer through the loss of, or inability to deliver, a Consignment caused
by deficient or ambiguous labelling of such Consignment.
8.3 You agree to indemnify us against any losses or liabilities that we may
suffer through a breach by you of any of your obligations set out in clause
9.1 If you are a business customer with a business account then:
(a) you shall make payment to us within 7 days of the relevant invoice
being issued to you, such invoice to be issued monthly in arrears;
(b) without limiting any other right or remedy of ours, if you (as a
business customer only) fail to make any payment due to us by the due date
for payment, we shall have the right to charge interest on the overdue
amount at the rate of 8% per annum above the then current Bank of England’s
base lending rate accruing on a daily basis from the due date until the
date of actual payment of the overdue amount, whether before or after
judgment, and compounding quarterly; and
(c) you shall pay all amounts due under this Agreement in full without any
deduction or withholding except as required by law and you shall not be
entitled to assert any credit, set-off or counterclaim against us in order
to justify withholding payment of any such amount in whole or in part. We
may, without liming our other rights or remedies, set off any amount owing
to us by you against any amount payable by us to you.
9.2 If you are not a business customer with a business account, you shall
pay all charges applicable in respect of the Service(s) provided by us in
accordance with the payment terms set out in the Service Order.
9.3 We charge for our Service(s) based on the dimensions and weight of each
Consignment. We may check the dimensions and/or weight of each Consignment.
In the event we find that the dimensions and/or weight of a Consignment
have been under-declared by you when checked by us, you agree:
(a) that the dimensions and/or weight that we reasonably determine may be
used for the purpose of the calculation of our charges;
(b) we may charge any price difference to you in accordance with our
current rates and may also charge an administration fee for correcting such
underpayment/additional charge (together, “ Additional Charges”);
(c) if you are a business customer with a business account, to pay the
Additional Charges in accordance with clause 9.1;
(d) if you are not a business customer with a business account, to
authorise us to debit the Additional Charges directly from the debit/credit
card or PayPal account that you used to make the original payment. If the
Additional Charges (whether whole or part) cannot be paid by this means,
the balance is due within 7 days of a relevant invoice being issued to you;
(e) we may suspend performance of the Service(s) until the Additional
Charges are received by us. If we exercise this right, we shall not be
liable to you in any circumstances for any costs or losses arising directly
or indirectly that you may suffer as a result and clauses 6.13 and 7.12
9.4 Should the provision of any Service(s) mean that we have to deliver a
Consignment on a bank or other public holiday, we shall be entitled to make
a reasonable extra charge for any additional costs incurred by us as a
9.5 All charges stated, whether by invoice or in the Service Order, shall
be exclusive of any applicable value added tax, which shall be added to the
total sum payable to be repaid by you.
9.6 From time to time, we may provide you with a discount code to be used
with your order. You may only use a discount code once with one order.
9.7 In the event that you use the same discount code with more than one
order, we may, at our absolute discretion:
(a) cease trading with you and/or your business;
(b) remove your ability to place orders with us; and/or
(c) intercept your Consignment(s) and re-direct it to our depot in Bolton.
An administration charge of £15.00 per Consignment is applicable, should
you wish for the Consignment(s) to be re-shipped and/or collected.
10.1 At any time where we offer customers a system of payment on account
with bonus credit being applied to such accounts, we shall refer to such
system as “Prepay” and the additional provisions of this
clause 10 shall apply.
10.2 Your current Prepay credit and any applicable bonus credit shall be
separately recorded and the total balance of these credits shall be shown
in your account through our website.
10.3 When you accept the Service Order, our system will check your Prepay
credit and bonus credit balance. The price set out in the Service Order
shall be deducted from the balance. If such deduction would result in a
negative balance, then you shall pay the difference in accordance with the
provisions of clause 9 (Payment). We may set a minimum Prepay limit from
time to time on any credit payments made to your Prepay account and these
will be notified to you through our website (currently £20).
10.4 Any payment made on account under the Prepay system shall be deemed as
a payment for Services to be ordered from us. After the initial refund
period described below, our liability to you will be to provide Services to
the value of the account balance. Cash balances will not be returned except
in cases where you received a defective Service and requested a refund of
the unused Prepay cash balance held on the account. Any such refund shall
be provided subject always to the provisions of clause 6 and you complying
at all times with your obligations under clause 11.
10.5 If you do not place any orders for a 6 month period, we will send an
email to the address in your Account Details to remind you of your balance.
This will be repeated at 12 months and 18 months. When a period of 24
months has passed with no orders placed, we will assume that your account
is no longer active, the Prepay balance will expire and you shall have no
further claim to such balance (including in order to pay for Services).
10.6 If you change your mind after making a payment on account, you may
request a refund. The procedure for requesting a refund from your Prepay
balance or otherwise is set out in clause 7 above. In such cases, the
amount refunded will be the sum of the original payment less the value of
any Services ordered on account.
11. Your Obligations
11.1 You agree to:
(a) ensure that the information you supply in the Service Order is complete
(b) co-operate with us in all matters relating to our provision of the
(c) provide us with access to your premises, office accommodation and other
facilities as reasonably required by us if any of these are to be the
Collection Point or Delivery Point and be responsible for ensuring that the
premises are free of hazardous materials and do not pose a health and
safety risk to us; and
(d) provide us with such information and materials as we may reasonably
require in order to supply the Service(s) and ensure that such information
is accurate in all material respects.
11.2 You agree that we shall not be required, and that you shall not cause
us, to carry anything if it would be illegal or unlawful for us to do so
(either in the UK or any country to which a Consignment is to be
delivered). You agree that should you do this, you will indemnify us
against any losses and/or damage that we may suffer as a consequence.
11.3 We will not, without specific separate written agreement, carry:
livestock; liquids; perishable goods; gases; pyrotechnics; arms;
ammunition; corrosive; toxic; flammable; explosive; oxidising or
radioactive materials. In addition, we will not carry any items which are
on our Prohibited Item list.
11.4 We reserve the right to refuse to carry any parcels which are neither
the property of, nor sent on behalf of, you.
11.5 You understand that:
(a) all Consignments shall be accepted at the Delivery Point and that the
recipient shall give our driver an appropriate receipt and you agree that
this receipt shall be conclusive evidence of delivery of the Consignment by
us. This clause 11.5(a) shall not apply where such receipt is obtained as a
result of fraud, collusion or dishonesty on the part of our driver; and
(b) if there is a strike by any employees of yours, or the employees of any
person receiving delivery, then you agree that our representative shall not
be asked to perform any additional duties or any duties of a
12. Right to Cancel
12.1 Subject to clauses 12.2 to 12.5, if you are a consumer, you have a
statutory right to cancel the Service(s) within 14 days and receive a full
12.2 Once we have completed the Service(s), you have lost your statutory
right to cancel the Service(s) and receive a refund, even if the 14 day
period is still running.
12.3 If you cancel the Service(s) after we have started performing them,
you must pay us for the Service(s) provided up until the time that you tell
us you have changed your mind.
12.4 If you want to cancel the Service(s) in accordance with this clause
12, please let us know by doing one of the following:
(a) email us at [email protected]
Please provide your name, address, order details, phone number and email
(b) online by completing the form at
(c) by printing off the form at
and posting it to us at The Cube, Coe Street, Bolton, BL3 6BU.
12.5 If you cancel the Service(s) in accordance with this clause 12, you
will be responsible for collecting the Consignment from us or paying our
reasonable costs of returning it to you.
13. Nature of Agreement
This Agreement, the CMR Regulations and the Montreal Convention (so far as
they are applicable) shall constitute the entire contract between us and
you and the contract shall not incorporate, or be deemed to incorporate any
provisions of any other documents. In addition, this contract and the
documents referred to above shall supersede any previous contract, warranty
or representation made or given by us relating to the Service(s) set out in
the Service Order.
No variation, amendment or cancellation of this Agreement (other than the
Service Order) shall be binding upon us unless and until it is confirmed in
writing by a director of us and, for the avoidance of any doubt, it is
declared that no person other than a director has authority to negotiate or
enter into any commitment on behalf of us which would or might (but for
this clause) involve us in any legal liability whatsoever.
15.1 This Agreement may be terminated by either party giving to the other
no less than one month's written notice of its desire to terminate this
15.2 This Agreement may also be terminated immediately if the other party
breaches any of its obligations under this Agreement or (in the case of an
individual) becomes bankrupt or (in the case of a company) goes into
liquidation other than for the purposes of reconstruction or amalgamation,
or has an administrator or receiver appointed over any of its or his
property or income or make any deed or arrangements with or for the benefit
of his or its creditors.
15.3 On termination of this Agreement for any reason:
(a) you shall immediately pay to us all of our outstanding unpaid invoices
and interest and, in respect of Service(s) supplied where the Consignment
has been delivered but for which no invoice has been submitted, we shall
submit an invoice, which shall be payable by you immediately on receipt;
(b) in respect of a Consignment which has already been paid for and which
has been received but not yet delivered, then we shall deliver such
Consignment in accordance with these Terms and Conditions;
(c) in respect of a Consignment which has not been paid for but which we
have received but not delivered, we shall return the Consignment to you;
(d) the accrued rights, remedies, obligations and liabilities of the
parties as at expiry or termination shall not be affected, including the
right to claim damages in respect of any breach of this Agreement which
existed at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect after termination
or expiry shall continue in full force and effect.
16. Applicable Law
16.1 This Agreement and any dispute arising out of or in connection with it
or its subject matter or formation (including non-contractual disputes or
claims) shall be governed by and construed in accordance with the laws of
16.2 You irrevocably agree, for our sole benefit that, subject as provided
below, the courts of England shall have exclusive jurisdiction over any
dispute or claim arising out of or in connection with this Agreement or its
subject matter or formation (including non-contractual claims). Nothing in
this clause shall limit our right to take proceedings against you in any
other court of competent jurisdiction, nor shall the taking of proceedings
in any one or more jurisdictions prevent us from taking proceedings in any
other jurisdictions, whether at the same time or not, to the extent
permitted by the law of that other jurisdiction.