1. INTRODUCTION
1.1. Thank you for placing your order with Parce2India By placing your order, you are agreeing to enter into a Contract with us where we will collect and deliver a shipment (consisting of one or more parcels) on your behalf. This means you will have responsibilities to us, and we will have responsibilities to you. These are set out in these terms and conditions.
1.2. The Contract will consist of your order (including collection and delivery address details, selected service option, preferred delivery mode, but excluding any additional comments or notes), these terms and conditions (the “Conditions”), and any documents that these terms and conditions might reference. These documents may be found at our website.www.parcel2india.com
1.3. The Contract contains words that will have special meaning in this Contract and in these Conditions. These words can be identified by a capitalised first letter, and their meanings are set out in a section at the end of these Conditions unless the meanings are explained elsewhere (for example, clause 1.5 below)
1.4. The Contract will be between you and us. It will not be for the benefit of anyone else (a “Third Party”). You agree and acknowledge that no one else but you and us can enforce the terms of the Contract.
1.5. For the purposes of the Contract:
“We” (also Us, or Our) – means Parcel2india( Allinall Logistics Solution UK Ltd). We are a limited company registered under English Law under company number 11687114, and our registered office address is at 97, St. Johns Road, Slough, Berkshire SL2 5ez; and
“You” – means the person whose details You have provided in your Send Account, during your set up as a Guest user, or otherwise provided by You to our Authorised Agent.
1.6. It is important that you fully understand your responsibilities to us before committing to purchasing your order with us. By placing your order, you are confirming that you fully understand and accept the terms of our Contract, your responsibilities to us, and agree that any issues that might arise will be governed by the terms of our Contract. If there is anything you do not understand, you should not commit to your purchase and you should seek independent legal advice. This does not affect your rights as a consumer.
2. ACCESSING OUR SERVICES
2.1. You may only access our Services in one of three ways: a) Send account; b) Guest User; c) through an Authorised Agent. Regardless of whichever way you choose to place an order with us, you understand, agree and accept that the information you provide is true and accurate.
2.2. Accessing via an Account (Sign an Account or as Guest User)
2.2.2. If You are not or are not intending to be a regular user of our Services, you may purchase your Services as a Guest User by using the guest checkout option. However, you acknowledge that You will not have access to the ‘My Account’ area as this is only available for Send Account holders. This area contains, amongst other things, order history, Pre-Pay, Smart Send, other details, and address book.
2.2.3. You can create a Send Account by:
2.2.3.1. registering your details with Us by completing the relevant fields when creating a Send Account on the Website; or
2.2.3.2. using your Google, Facebook, or Amazon credentials.
2.2.4. You must only create and hold one Send Account at any time. As Send is an automated system, completion of the Account set up process does not prevent Us from reviewing your Account at any time and where We deem it appropriate, suspending or terminating your Send Account in accordance with this Contract.
2.2.5. If You forget your password, you can request Us to reset your password via email. We will email you a link to reset your password.
2.2.6. You may edit certain details on your Account, including phone numbers and addresses but you cannot edit the email address You used to set up your Send Account. If you wish to use a new email address, you need to delete your Send Account and set up a new account.
2.2.8. It is Your responsibility to ensure that you fully understand what you can and cannot send using our Services BEFORE you send a Shipment. You acknowledge and accept that the fact that a Shipment was collected or delivered does not constitute Our acceptance of the Shipment. This is because Send is a fully automated system and neither We nor our service partners will be aware of the contents of a Shipment. If you send a Shipment containing items that are not allowed in Our network, we will not be liable to You or anyone else if such Shipment, is lost, damaged, or delayed.
2.3. Payment
2.3.1. We will not process your order until it has been paid for.
2.3.2. All payments will be managed and processed by Braintree, via Parcel2Go.Com Limited. This allows Us to provide the payment options below subject to availability. There is an option for you to either retain, or delete, part of Your credit or debit card details. For clarity, this is managed and processed by Braintree, via Parcel2Go.Com Limited. Neither We or Parcel2Go.com Limited retain or store any payment or card information.
Account holders and Guest Users
2.3.2.1. Electronic Payment
You may pay by Credit/Debit Card and also subject to availability, PayPal, Google Pay, Apple Pay, Amazon Pay.
2.4. Charges
2.4.1. The Charges applicable to your Order are calculated taking the following into account:
2.4.1.1. Your selected Service Option, Liability Option, and Extras;
2.4.1.2. the Charges are inclusive of VAT (unless otherwise stated) which if chargeable, will be payable by You;
2.4.1.3. the Charges will be based on the greater of a) the declared weight, b) actual weight, or c) volumetric weight of your Shipment;
2.4.1.4. any surcharges which may be applicable (for example, if the Shipment is actually heavier and or larger than the Service Option you have chosen allows, and it is necessary to levy a surcharge equivalent to the difference between the Service Option that the Shipment ought to be used and the Service Option actually chosen by you.);
2.4.1.5. any additional Charges that may be applicable because your Shipment actually does not fit into any of the Service Option or because there are additional charges applicable due to the Service Option selected by You. For example, if your Shipment is heavier and/or larger than Our largest Service Option, We may charge additional amounts which reflect the extent to which your Shipment exceeds Our largest Service Option; and
2.4.1.6. Any reasonable additional charge to cover Our administrative costs in having to calculate surcharges due to the incorrect Service Option being chosen by you.
2.4.2. YOU ACKNOWLEDGE AND ACCEPT THAT THE CHARGES INCLUDE A SINGLE ATTEMPT AND ONE ATTEMPT AT REDELIVERY ONLY. You will be charged additional Charges if you require Us to either make further redelivery attempts or return the Shipment to You. You may also choose to collect the Shipment from Us at no Charge. We will, where reasonably possible, give you prior notice of the applicable Charge for return or redelivery so You can decide what you want Us to do with the Shipment or choose to collect the Shipment yourself.
2.5. Voucher Codes
2.5.1. We may, from time to time, issue Voucher Codes in order to allow Our loyal customers to benefit from a lower price when they apply them to their orders. All of Our Vouchers are subject to the rules set out below and any specific rules set out in the email accompanying the Voucher Code itself if applicable:
2.5.1.1. Voucher Codes have no real cash value. Any reference to a sum or a percentage relates only to the sum or percentage We will discount from the order you are redeeming the Voucher Code;
2.5.1.2. Voucher Codes can only be redeemed when placing an order with Us for Our Send Services;
2.5.1.3. Voucher Codes cannot be partly redeemed. If for example, you use a £10.00 Voucher Code against a £5.00 transaction, you will be deemed to have redeemed the whole Voucher. As the Voucher Code has no cash value, you are not entitled to cash the remainder value of the Voucher Code, nor a new Voucher Code of a value equivalent to the remainder;
2.5.1.4. All Voucher Codes must be used within 3 months of issue unless the Voucher Code expressly states otherwise; and
2.5.1.5. All Voucher Codes are discretionary. They are freely issued by Us and may be freely withdrawn by Us. We reserve the right to withdraw Voucher Codes at any time and without warning or notification. For the avoidance of doubt, We may also withdraw or refuse to issue any Voucher Codes issued to you where We have reasonable grounds to suspect that you are abusing the purpose of the Code.
2.5.2. If you do decide to redeem a Voucher Code against an order, it is your responsibility to make sure that the Voucher Code is valid before you redeem it.
2.5.3. For Our platinum, gold and silver customers, We offer a rewards program. If You send a certain number of Shipments through our network, You may be given a voucher code (or an amount added back to your PrePay Account in accordance with clause 2.14 which You can use on your next order with Us. For more details, please refer to the Website. Click here to see how you can become a platinum, gold or silver customer.
2.6. Closing your Account
2.6.1. We reserve the right to and may suspend or close your Send Account where:
2.6.1.1. you have failed to comply with your responsibilities under the Contract or these Conditions; or
2.6.1.2. you have used information that is in any way inaccurate or untrue.
3. YOUR RESPONSIBILITIES
3.1. Set out below are your responsibilities to Us under the Contract. It is very important that you take your responsibilities seriously and comply with them. If you fail to comply with your responsibilities, there will be consequences as set out at clause 3.5.
Your details
3.2. You are confirming by entering the Contract that:
3.2.1. all of the details on your Account Signup Form are completely true and accurate;
3.2.2. you are at least 17 years old and if you are accessing Our Service Options through a Account, that you are the person named in the Account;
3.2.3. you are the owner of the Shipment and its contents, or you have the owner’s permission to enter into this Contract and deal with the Shipment;
3.2.4. that you have read and fully understood the terms of the Contract, including these Conditions; and
3.2.5. you are aware of the Value of your Shipment and are happy that the Value of the Shipment is within the Liability Option you have selected. IT IS CRITICAL THAT YOU CHOOSE THE LIABILITY OPTION THAT COVERS THE VALUE OF YOUR SHIPMENT BEFORE YOU COMMIT TO PURCHASING YOUR ORDER. IF YOU DO NOT CHOOSE THE APPROPRIATE LIABILITY OPTION, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RISK THAT YOU MIGHT NOT GET THE VALUE OF YOUR SHIPMENT BACK.
Your Shipment
3.3. By purchasing your order, you are confirming to Us that:
3.3.1. any information you give to Us relating to your Shipment such as (but not limited to): a) the recipient’s details; b) the Collection address, c) the Delivery address, d) description of the contents of your Shipment, e) dimensions and weight of your Shipment, d) the Value of your Shipment and e) information required for Customs purposes (if you are sending the Shipment overseas), is true and correct;
3.3.2. the proper Delivery Address Labels have been affixed securely and properly on the Shipment in a place where it can easily be machine read.
3.3.3. your Shipment and its contents do not break any Laws;
3.3.4. your Shipment fully complies with the Service Option you have selected and the terms of this Contract. This includes making sure that your Shipment fits within the dimension and weight restrictions of the selected service. If your Shipment is larger and/or heavier than Our largest Service Option, you must contact Us and We may give you a quote for your Shipment. Your Shipment cannot under any circumstances exceed 15kg for a ServicePoint or 30kg for a Depot. If you intend for the Shipment to be collected from or delivered to an Out of Home Location, you must ensure that the Shipment complies with dimension restrictions and must not weigh more than 30kg;
3.3.5. your Shipment and its contents are safe for Us to handle and is properly packaged to protect it against drops, falls, and shunts. This is because We operate an automated system and collision with other parcels can happen. Poorly packaged Shipments can easily be damaged in an automated system. Even if you use Us to collect a Shipment on your behalf to deliver to you, it is your responsibility to make sure that in your contract with the sender that your Shipment is properly packaged and conforms with all of your responsibilities you have agreed to in this clause 3; and
3.3.6. your Shipment does not contain any of the following:
3.3.6.1. Breakable Goods;
3.3.6.2. Valuable Goods;
3.3.6.3. Prohibited Goods;
3.3.6.4. Dangerous Goods;
3.3.6.5. Perishable Goods;
.3.6.6. Restricted Goods; or
3.3.6.7. Any item or items worth more than the highest amount stated in clause 7 as applicable, or which otherwise exceeds the maximum value of any purchased liability limit (where applicable).
The consequences of failing to comply with clauses 3.2 and 3.3
3.4. You understand and accept that Our services are not designed to transport Shipments containing any of the above items and in the case of Prohibited Goods, it is illegal for Us to carry them. You must not send any Shipments containing items of the nature above.
3.5. You acknowledge and accept that if your Shipment contains any goods that are contained or are similar to those set out in clauses 3.3.6.1 to 3.3.6.7, You will be in breach of this Contract and these Conditions, and Your Shipment will be carried on a non-compensation basis, meaning we will not be liable to you for any loss, damage or delay to your Shipment. In addition, we reserve the right not to refund any Extended Cover on the basis that such Goods are not eligible to be covered, and we may reject such Shipments without any liability to You.
3.6. If at any time after We have collected the Shipment from you it is discovered that you have failed to fulfil your responsibilities to us, then you accept that:
3.6.1. Our carrying of that Shipment will be completely at your risk and We (including Our Authorised Agents) will not be responsible for any loss of or damage or delay to that Shipment;
3.6.2. you will be responsible for paying to Us any and all costs We may incur as a result of your failure to comply with your responsibilities. These may include but not limited to: clean-up costs, additional charges levied on Us by Our agents, or Our partners, and customs charges (if you are sending overseas); and
3.6.3. where your Shipment is found to exceed the weight and dimensions restrictions of the Service Option you have chosen, you agree that the Shipment should be carried and charged in accordance with the correct Service Option. We can hold your Shipment until you (or if the Shipment has already been delivered, You are still required to):
3.6.3.1. pay the difference between the Service Option you chose, and the Service Option that your Shipment actually complies with; or
3.6.3.2. if a Service Option is not available because you have chosen the largest Service Option and your Shipment still exceeds the weight and size directions of that Service Option, you agree to pay Our additional charges which We will calculate for you if you choose this option; or
3.6.3.3. collect Your Shipment yourself from the depot it has been held at, which could be any one of Our depots depending on when your Shipment was found to have not complied with the Service Option you chose;
if you do nothing, We will hold your Shipment for 6 weeks and We will write to you to give you a last chance to choose an option. If you fail to choose an option and inform us prior to the expiry of the 6-week period, then you accept that you have simply abandoned your Shipment and We will dispose of it in whatever manner We think is appropriate, including selling it to cover Our costs.
4. Our Service
4.1. By purchasing your order, We will collect your Shipment from the Collection Address and We will deliver it to the Delivery Address according to the Service Option you have chosen and these Conditions.
Independent third-party service providers
4.2. We use third parties who are independent of Us to carry out collections and deliveries such as independent subcontractor drivers, who are businesses in their own right. In addition, We may use larger companies in the collection and delivery of your Shipment where this is reasonably necessary, such as if your Shipment needs to be transported over water, by air, or by railway. Independent third parties are responsible for their own actions and if anything goes wrong with your order that was caused by a third-party service provider, We will help you identify the independent third party responsible.
Restrictions
4.3. We do not carry Shipments containing items listed in clause 3.3.6. This is why it is your responsibility to make sure that your Shipment does not contain such goods or items.
4.4. We do not want to carry Shipments containing items that are inadequately packaged. As you know what the item is, you are in a better position than Us to adequately package the item (see Clause 3.3.5).
4.5. We do not want to carry Shipments that do not fit into Our Service Options. This is why it is your responsibility to make sure that your Shipment fits into the Service Option you have chosen.
4.6. Irrespective of whether you use the Send Service domestically or internationally, you acknowledge that We do not deliver to individual PO Boxes (whether Royal Mail, British Forces Post Office, non-manned addresses (if international), or otherwise). It is your responsibility to ensure that the Delivery Address is not a PO Box (or equivalent).
4.7. Any advice (for example an estimated time of delivery via text or email) We might send to you or your recipient is indicative only and does not represent a firm commitment to deliver within the indicated period. We will use Our reasonable efforts to deliver within the period but the advice is solely intended to be helpful and the actual time could be dependent on many factors, such as traffic.
4.8. We do not notify you of the delivery progress of your Shipment (only delivery confirmation subject to you providing Us with an email address). You acknowledge that it is your responsibility to log onto the Website to check on the status of the Shipment yourself.
Collection
4.9. It is your responsibility to make sure that you have properly packaged and labelled your Shipment and that it is safe to be collected by Us (see clause 3.3.5).
4.10. If you request Us to collect your parcel, the maximum weight of the parcel cannot exceed 30 kilograms. There may be dimension restrictions that apply but please refer to the Website for more details.
4.11. We cannot check every single Shipment at the point of collection due to time constraints. The fact that We have collected your Shipment does not mean that you have complied with your responsibilities under Our Contract or these Conditions nor prevent you from the consequences of any failure on your part to comply with your responsibilities.
4.12. If You do not want Us to collect your parcel, You can drop your parcel off to one of Our depots or to an Out of Home Location. Please note, if you drop your parcel to an Out of Home Location, the maximum weight of the parcel cannot exceed 15kg for a ServicePoint or 30kg for a Depot. There may also be dimension restrictions that apply but please refer to the Website for more details.
Transit
You agree that it is up to Us to decide the route through which your Shipment will be delivered.
4.13. For the purposes of this Contract, transit will begin when We collect your Shipment and will end in one of the following ways:
4.13.1. We have delivered the Shipment to the Delivery Address; or
4.13.2. We have, in accordance with your instructions, left the Shipment at the Delivery Address because no-one was present to take delivery; or
4.13.3. provided We have the contact details to do so, 5 days after the date We have told you of the non-delivery of your Shipment and asking for your further instructions, at which point, the Shipment and what happens to it afterwards will not be Our responsibility.
Delivery
We will deliver Your Shipment to the Delivery Address subject to the following:
4.13.4. where the Delivery Address has a central delivery area for post and parcels (such as, for example, a block of apartments/flats, or a workplace), We may deliver to that central area;
4.13.5. We will (if We feel it is reasonable to do so) leave your Shipment at the Delivery Address; alternatively, We may deliver your Shipment to a nearby address (i.e. a neighbouring address or Out of Home Location). Please note, if you have purchased through our Authorised Agent or have chosen a signature mandatory service, a signature or photograph will be obtained at the point of delivery and this clause will not apply unless it is not possible to obtain a signature or photograph (e.g. because no-one was present to receive the Shipment), in which case We may deliver the Shipment to a nearby Out of Home Location or otherwise hold the Shipment pending instruction from You or the recipient;
4.13.6. We are not obliged to deliver to the person named as the recipient in the contract. Delivery is completed when We arrive at the Delivery Address or a nearby address (if this applies);
4.13.7. We are not responsible if a person at the Delivery Address misrepresents to Us that they are authorised to accept delivery of your Shipment, or where there is no reasonable ground to suspect that such person has no authorisation to accept delivery. This is because We cannot be expected to know whether a person has authority or not; and
4.14. You agree that Our records will be definitive evidence of delivery of your Shipment. Where you have chosen a signature mandatory service, We will use Our reasonable efforts to provide you either with a copy of the signature of the person who took delivery of your Shipment or photograph at the point of delivery which will be treated as supplementary evidence to Our records.
International Shipments – additional terms
This section only applies if your Shipment is to be delivered to an international destination covered by the Send Service.
4.15. These Conditions still apply to your Shipment, together with the additional clauses in this section.
4.16. You accept that in addition to the Contract and these Conditions:
4.16.1. Your Shipment will be subject to security screening, which could include (without limitation) x-ray scanning, manual opening and inspection, customs searches, etc.
4.16.2. The Convention on the Contract for the International Carriage of Goods by Road, the Convention for the Unification of Certain Rules Relating to the International Carriage by Air, and the Warsaw Convention may apply to your Shipment. IF ANY SUCH CONVENTIONS APPLY, THE RELEVANT CONVENTION WILL APPLY WHERE THERE IS A CONFLICT BETWEEN THE TERMS IN THE CONVENTION AND THESE CONDITIONS. OUR LIABILITY FOR LOSS AND DAMAGE WILL BE GOVERNED BY THE RELEVANT CONVENTION.
4.16.3. Where you are exporting items contained in your Shipment, you must, before We attempt to deliver your Shipment, supply correct and complete carriage documentation to enable your Shipment to pass through Customs. We will not be responsible for any delays or detention of your Shipment by customs as a result of your failure to comply with your legal responsibilities.
4.16.4. You agree that if We suffer any monetary loss (such as fines, costs, losses, claims from HMRC or other customs agencies), you will reimburse Us in full for Our monetary loss.
4.16.5. If, at any time in the delivery process, We discover that your Shipment is unsuitable, or you have failed to comply with any or all of your responsibilities, We reserve the right to:
4.16.5.1. hold the Shipment pending corrective action by you to render the Shipment suitable for international transportation; or
4.16.5.2. return the Shipment to you at your cost, risk and expense, which may include a reasonable administration charge to cover Our expense arising from having to deal with the additional work arising from either your failure to comply with your responsibilities, the unsuitability of the Shipment for international transport, or any failure by the recipient to accept delivery of the Shipment. THESE CHARGES COULD BE IN EXCESS OF WHAT YOU INITIALLY PAID SO IT IS CRITICALLY IMPORTANT THAT YOU MAKE SURE YOU COMPLY WITH THE REQUIREMENTS IN THE CONTRACT, THESE CONDITIONS AND THE SERVICE OPTION TO AVOID BEING LIABLE FOR THEM.
4.17. Due to the United Kingdom leaving the European Union, you acknowledge and accept that there may be additional customs regulations that You may need to comply with in relation to Your Shipment. All relevant fields that require to be completed will be in the booking process and it is your responsibility to complete all such fields.
4.18. You acknowledge and agree that all Shipments which are to be delivered to any international destination may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect community code for your Shipment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Shipment which is to be delivered overseas, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
Warning – please read carefully
use third party agents to deliver to both domestic and international destinations and if they cannot complete delivery, they will return the Shipment and levy a surcharge. If We, or Our third party cannot deliver because of something you did, did not do, forgot to do, or otherwise the recipient did not accept delivery for whatever reason, then you agree that you should be responsible for the surcharge levied by the third party if you want to recover your Shipment. Please note that the surcharge relating to the return of your Shipment is likely to be more than what you initially paid. It is critically important that you ensure that delivery can be completed.
4.19. If You do not want to pay the surcharge or are otherwise not concerned about recovering Your Shipment, We may treat your Shipment as an unclaimed Shipment and sell your Shipment and apply the proceeds against any surcharge. We will return any excess to you.
5. WHAT HAPPENS IF YOUR SHIPMENT IS DAMAGED OR LOST
5.1. Try as We may, it is unfortunately impossible to deliver 100% of Shipments perfectly 100% of the time. Accordingly, there may be some occasions where your Shipment may be damaged or lost from the point We have collected it until the point that transit ends. This section deals with what happens if your Shipment is damaged or lost.
5.2. We are only responsible for the loss or damage to your Shipment where:
5.2.1. the loss or damage resulted from something We did, or ought reasonably to have done; and
5.2.2. arises between the point We collect your Shipment (or it is dropped off with Our Authorised Agent) and the point We deliver your Shipment.
For the avoidance of doubt, you agree that delivery is completed where We either:
5.2.3. obtain a signature from a person, or a photograph at the point of delivery at the Delivery Address (or nearby address where applicable); or
5.2.4. elect, in accordance with clause 5.3, to leave the Shipment at the Delivery Address (or nearby address where applicable).
5.3. Where you have not chosen a signature option, We may leave the Shipment at the delivery address (in a location at our sole discretion unless otherwise agreed) and you further agree that delivery of the Shipment shall be complete. Consequently, We will not liable to you for any loss or damage to the Shipment which arises subsequent to delivery.
5.4. Whether your Shipment is lost or damaged, you must report it to Us as soon as possible. For damaged Shipments, you must report the damage and register your claim with us within 14 calendar days of the date of the delivery (and for lost Shipments, within 28 calendar days of the due date of delivery), which will be Day 1 to aid in calculating the calendar day period. To open a loss or damage case, please visit the Help Centre and follow the links from there. To open a loss or damage case, please visit the Help Centre and follow the links from there.
5.5. If we request additional information, you must send it to us within 21 days of the request. We may ask to inspect the packaging and the item (where it has been damaged). You agree that we shall be entitled to reject your claim if you unreasonably deny Us the opportunity to inspect the packaging, so it is imperative not to dispose of the packaging until We agree in writing it is safe to do so. We may also ask to see evidence of the Value of the Item in order to help Us investigate your claim. If you unreasonably refuse to provide evidence of Value upon request, you agree that we may reject your claim. If Your item is a second hand item or You do not have the original invoice to establish the Value, We will look at the exact same item in the marketplace, and if we cannot find the exact same item, We will look at similar items, and compare the Value of 3 similar items and pay You the average cost of those 3 items if it is established that We are at fault in accordance with clause 5.8.
5.6. In relation to international deliveries, We may also require that you obtain a declaration from the recipient confirming that your Shipment was damaged or lost, and in case of damage, photographic evidence of the damage in lieu of inspecting the Shipment for ourselves.
5.7. You agree that failure to either report the loss or damage to your Shipment or return the form to Us within the timescales provided in the clauses above will be deemed as a waiver of your entitlement to compensation. This is because in cases of loss or damage, We need to get information as quickly as possible to help Us investigate. The longer you leave it the more impossible it becomes to investigate the loss or damage. Where you contract with Us as a Consumer, nothing in clauses 5.1 to 5.6 is intended to affect your statutory rights.
5.8. Where you have reported the loss or damage to Us in time, and you have also responded to our request for additional information within the requested period, We will investigate the matter and then contact you to say either:
5.8.1. We have investigated the loss/damage and have concluded that it is not Our fault; or
5.8.2. We have investigated the loss/damage, concluded that it is Our fault. We will specify a sum to settle the matter. If the items contained with the Shipment are damaged and We pay You a sum to settle the matter, You agree to provide us with the damaged item within a reasonable period of time and that damaged item will then become Ours. If You do not provide the item to Us and give up ownership of it, We will not pay the full amount to You.
5.9. Where We have written to you to admit fault, the payment We will specify to settle your claim is based on the Liability Option you selected. FOR THIS REASON, IT IS CRITICALLY IMPORTANT THAT YOU SELECT THE MOST APPROPRIATE LIABILITY OPTION BEFORE COMMITTING TO PURCHASE YOUR ORDER BECAUSE IF YOU DON’T, YOU COULD FIND THAT THE LIABILITY OPTION PAYMENT DOES NOT COVER THE VALUE OF YOUR SHIPMENT. If we decide to pay your claim, We will not refund you the cost of the extended liability cover, but We will provide you with a full or partial refund in relation to the cost of carriage.
5.10. If you do not agree with Our decision you may write to Us with your reasons. Where there are valid reasons for disagreeing with us, We will reconsider Our decision. However, you accept that after reconsideration, We may either amend Our original decision, or stand by it.
6. WHAT HAPPENS IF WE COLLECT OR DELIVER YOUR SHIPMENT LATE
6.1. All timescales in the Service Options are illustrative and do not represent a commitment by Us to collect or deliver your Shipment by a particular time or date. We will use our reasonable efforts to collect or deliver your Shipment within the illustrative timescale (which means We could collect or deliver earlier or later than indicated), but Our failure to deliver the Shipment by the end of the illustrative time or date does not mean We have breached the Contract. Instead, We will discount your Charges in relation to Our
Late Delivery Scale, or if you prefer, upgrade the Service Option to the fastest available to deliver the Shipment as soon as possible. For the avoidance of doubt, the
Late Delivery Scale means the scale published (and amended from time to time) by Us on the Website setting out how the Charges will be refunded in the event of delay in the delivery of a Shipment.
6.2. You may cancel an Order at any time before We collect your Shipment. Once your Shipment is collected, we will use our reasonable endeavours to attempt to halt the transport of the Shipment should You wish to Cancel, but we cannot guarantee that We will be able to do so due to the nature of Our Services.
7. LIABILITY
7.1. YOU ARE STRONGLY ENCOURAGED TO CONSIDER THE EXTENDED LIABILITY OPTIONS SET OUT BELOW IN THIS CLAUSE 7 IF THE VALUE OF YOUR SHIPMENT EXCEEDS THE LIMIT SET OUT IN CLAUSE 7.
Liability Options
7.2. Liability options may be changed by Us from time to time. You must check the Liability Options before you commit to purchase your order.
7.3. The default Liability Option is £50.00 on a single domestic or international Shipment. This is because the vast majority of Shipments are of low value and £50.00 is a reasonable limit of liability. This means that if We are at fault, We will pay to you the Value of your Shipment up to a limit of £50.00 on a single domestic or international Shipment.
7.4. If you feel that the default Liability Option is not sufficient to cover the Value of your Consignment, you may, for a charge, purchase an extended Liability Option.
7.5. The extended Liability Options are based on the Value of your parcel up to a maximum of £1000, depending on the Send Service you select.
7.6. It costs 5 pence to cover one pound’s worth of extended liability cover. For example, if the Value of Your parcel is £100, it would cost You £2.50 to purchase extended liability cover to cover the remaining £50 contents worth of your parcel as £50 is included as standard on all orders. It is Your responsibility to declare the true Value of your Shipment. If for example, the value of your Shipment is £100 but you only declared the Value to be £50.00 and selected extended liability cover, such cover would be calculated in accordance with your declared Value and we will only pay you the Value of the Shipment up to £50.00.
7.7. The Website will automatically provide you with the correct charge for extended liability cover when you add the total value of your parcel in the booking process. It is then Your responsibility to ensure You want to purchase this extended liability cover. If you do not, then you will have agreed to the standard liability cover of £50 that comes included with each parcel. If the parcel becomes lost or damaged and it is established that it is Our fault, then your sole remedy will be to receive up to the standard liability cover, unless you purchase extended liability cover.
7.8. You agree and acknowledge that We will not pay You more than the value of the default Liability Option or where you have purchased an extended Liability Option, the liability limit of the selected band (as set out in clause 7.6 or 7.7 as applicable) for any Shipment. Under no circumstances will Our liability to you for loss or damage to a Shipment exceed £1000 for domestic and DHL Worldwide Air and Road Economy Services.
7.9. IT IS YOUR RESPONSIBILITY NOT TO SEND ANY ITEM USING THE SEND SERVICE THAT IS WORTH MORE THAN THE MAXIMUM LIMIT OF LIABILITY AND TO CHOOSE THE CORRECT LIABILITY OPTION BAND TO COVER THE VALUE OF YOUR SHIPMENT OR YOU WILL BE DEEMED TO PREFER AVOID PAYING THE CHARGE AND HAVE ACCEPTED THE RISK THAT YOU MAY NOT RECEIVE THE VALUE OF YOUR SHIPMENT.
7.10. Choosing a Liability Option (whether you have paid for one or not) does not mean that We will become liable if you do not comply with your responsibilities under the Contract and these Conditions (see clause 3). For example, if your Shipment contains any items which We have warned you in this Contract are prohibited, will be carried on a non-compensation basis, or not covered under any circumstances. We will not refund any charge you may have paid for the Liability Option and we will not be liable to you for anything else.
.11. Neither Us nor our Authorised Agents will be liable to you for any economic loss (which includes loss of profits, loss of business, loss of use, loss of revenue, loss of market, goodwill or other like losses) irrespective of whether the losses are direct or indirect. Neither Us nor our Authorised Agents will be liable to you for any losses that We could not reasonably be expected to know about at the time that the contract was made. However, We will be liable for any direct loss for the shipment value only that You incur to the extent that it results from Our breach in accordance with the limits of liability in line with the Liability Option you have chosen.
7.12. Nothing in this clause limits Our liability to you in respect of personal injury, death, fraud (including fraudulent misrepresentation) resulting from Our negligence, or any liability which at law cannot be limited or excluded.
7.13. Neither of us are liable to the other in the event of any loss of, or damage or delay to Shipments arising from events which arise from or are connected to causes beyond our reasonable control including without limitation: Acts of God; delay or cancellation of shipments, ferries, flights, railway or other transport; failure of a recipient to accept delivery of a Shipment; delays in or refusal of securing customs clearance; acts of government or other authorities; war; riot; civil commotion; malicious damage to property; blockades; strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party); compliance with any law or governmental order, rule, regulation or direction, seizure under legal process; national emergencies; fire, flood, tempest, storm or other weather conditions making performance of our obligations impracticable; accident; breakdown of plant or machinery; default of suppliers (including, without limitation, fuel) or sub-contractors.
7.14. WHERE YOU CONTRACT AS A CONSUMER, NOTHING IN THIS CLAUSE 7 (LIABILITY) IS INTENDED TO AFFECT YOUR STATUTORY RIGHTS.
8. UNCLAIMED SHIPMENTS
8.1. You acknowledge that We are not able to keep Unclaimed Shipments for an indefinite amount of time because We simply do not have the storage facilities.
8.2. For Unclaimed Shipments where it is possible to identify the owner, We will write to the owner to say that We have the Unclaimed Shipment and give the opportunity to collect the Unclaimed Shipment or arrange for it to be delivered within the time stated in the written communication.
8.3. Where Unclaimed Shipments remain uncollected after the sender or recipient has been written to, or where it is not reasonably possible to identify the sender or the recipient, You agree that We are able to sell or dispose of Unclaimed Shipments at Our sole discretion at any time after they have spent six weeks or more in Our retained property store facility.
8.4. If, subsequently, it is discovered by Us that you were the owner of an Unclaimed Shipment, We will return to you the proceeds of sale if We sold the Unclaimed Shipment but We will be entitled to deduct from those proceeds Our reasonable expenses and the return of such proceeds will discharge all responsibility We may have to you in relation to the Unclaimed Shipment.
9. ENDING THE CONTRACT
9.1. You can, subject to your rights as a consumer where applicable, cancel your order at any time before We arrive to collect your Shipment (either from You, the recipient, or from Our Authorised Agent). Once your Shipment has been collected, the Contract will end when:
9.1.1. your Shipment has been delivered; or
9.1.2. transit has ended; or
9.1.3. We have terminated the Contract.
9.2. You may cancel your order after We have collected your Shipment and We will try to reasonably accommodate your request, but you understand and accept that: a) We cannot guarantee that We can stop the process once it has started, and b) you will be responsible for Our costs up to the point the Contract was terminated and Our costs in returning your Shipment to you, which will also include surcharges levied by third parties for the return of your Shipment.
9.3. We may terminate the Contract if:
9.3.1. you fail to comply with any of your responsibilities set out in clause 3;
9.3.2. We reasonably consider that your Shipment is unsuitable for the Send Service; and
9.3.3. a third party has refused to carry your Shipment.
9.4. Irrespective of whether the Contract has been ended or the Send Account has been closed, the rights and remedies (both yours and Ours) are not affected and continue to accrue up to the point that the Contract or Send Account was terminated.
10. CONTACTING US
10.1. Should you wish to contact Us regarding any credit queries regarding your Account, you can do so by telephone on 02039858464 – 24/7-365 Days.
10.2. For all other queries you may contact Us through the methods available on the Website or alternatively by writing to Us at Customer Care Centre,
info@parceltoindia.com, 97, St.Johns Road, Slough, SL2 5EZ
10.3. Any complaint regarding Send should be sent either via our contact form on the Website or in writing to the address above in clause 10.2. Upon receipt we will endeavour to respond within one working day for complaints sent via our contact form and 3 working days for complaints sent in writing.
10.4. If you are not entirely satisfied with your purchase please contact our customer service department. We will try to resolve any issues that you have as quickly as possible and if necessary we will explain how to follow our complaints procedure. If you remain unhappy with our final response, you may be entitled to refer your complaint to The Dispute Resolution Ombudsman and we are bound to follow any decision that they make. To find out more about The Ombudsman and how you might be able to use their dispute resolution service visit their website -
https://www.disputeresolutionombudsman.org/
11. COMMUNICATIONS
11.1. You agree, as Parce2india is an online service, that email is an appropriate medium through which all formal communications between the parties about these Conditions should be sent. If you wish to serve us with any formal communications, including notifications, you will send them to
info@parceltoindia.com. If we need to serve any formal communication, including notices, on You, we will use the email address you specified in your account set-up form, or such other email address that we have in our records for You.
11.2. Communications will be deemed to be received on the same business day if we receive or send the email before 4.00pm on that day. For emails received or sent by us after 4.00pm, such communications will be deemed to be received on the following business day.
12. DATA PROTECTION
12.1. We Parcel2India and its customers act as independent Data Controllers for all delivery services, as such, both parties will comply with their respective responsibilities under the Data Protection Act 2018 or other legislation applicable to the legal jurisdiction of the customer.
12.2. In relation to any Personal Data (as defined by the Data Protection Act 2018) provided by You to Us, You undertake to Us that you have obtained all necessary consents from the receiver of the Shipments that their personal information will be used by Us to provide the Services.
.3. We shall not be considered either a Data Controller or a Data Processor for any data that is contained within a Shipment.
13. GENERAL
13.1. We do not contract as a common carrier. Any Shipment accepted for transit is accepted on these Conditions, or any terms and conditions relating to a waybill, to the exclusion of all other terms and conditions whether put forward by you or implied by law (insofar as exclusion of the same is lawful). Delivery of a Shipment to Us by you will be conclusive evidence of your acceptance of these Conditions.
13.2. These Conditions constitute the entire agreement between you and Us for the supply of the Services. Each party acknowledges that in entering into these Conditions it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein. This clause 13.2 shall not exclude any liability for fraud or fraudulent misrepresentation.
13.3. If there is any conflict between these Conditions and the terms and conditions set out on any printed documents provided by Us (but not being amended Conditions), these Conditions will prevail.
13.4. These Conditions may be reasonably amended from time to time by us, including, without limitation by adding or deleting Services or amending compensation levels. You should regularly refer to the Send Website to obtain a copy of the Conditions which apply when you send a Shipment. Your sending a Shipment with Us is deemed acceptance by you of the Conditions as so amended from time to time.
.5. If We (or Our Authorised Agents) fail, at any time while these Conditions are in force, to insist that you perform any of your obligations under these Conditions, or if We do not exercise any of Our rights or remedies under these Conditions, that will not mean that We have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If We do waive a default by you, that will not mean that We will automatically waive any subsequent default by you. No waiver by Us of any of these Conditions shall be effective unless We expressly state that it is a waiver and We tell you so in writing.
.6. These Conditions are personal to You and you may not assign, license or sub-contract any of your rights or obligations under them without Our written consent.
13.7. These Conditions will apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
13.8. The provisions of these Conditions are severable and distinct from one another, and if at any time any provision is or becomes unenforceable, the validity, legality or enforceability of the other provisions will not in any way be affected or impaired.
13.9. These Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
13.10. It is not intended that these Conditions or any contract created on the basis thereof will be enforceable by any third party, unless expressly provided for in these Conditions.
14. WHAT CERTAIN WORDS MEAN
14.1. In these Conditions, certain words will have a special meaning. The words and their meanings are set out here for reference. When these certain words appear in the conditions of carriage, the words will have the corresponding meaning set out here:
Address Label means the label setting out the Delivery Address and other information needed by Us to collect and deliver the Shipment;
Authorised Agent means a third party authorised by us to offer Our Services on our behalf
Breakable Goods means items that are not suitable for transport in our network because they are delicate, or fragile, or can easily be damaged even despite good packaging. More details can be found on the Website, but examples can include items containing or made of or from: glass, china, ceramics, pottery, stoneware, fossils, works of art, paper/card, cake televisions whose screen size exceeds 37 inches;
Collection Address means the address you have specified in your Send Account (“Your Address”), or such other address that you may specify in your order through the Website or through an Authorised Agent (“Third Party Address”);
Conditions means these terms and conditions (as may be amended by us from time to time);
Contract means the order you place through the Website (or with an Authorised Agent), these Conditions and any documents referred to in the Conditions, provided to you by an Authorised Agent (if applicable), and/or the Website;
Customs means either the HMRC, or their equivalent in relation to the Isle of Man, the Channel Islands or anywhere else in the world
Dangerous Goods means any items that are classified as dangerous under the United Nations Recommendations on the Transport of Dangerous Goods, the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the International Civil Aviation Organisation Technical Instructions, the International Air Transport Association Dangerous Goods Regulations or any other national or international legislation, rules or guidance relating to the transport of dangerous goods by rail, road, air or sea, and any other items which We consider as dangerous to transport;