1. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM
1.1 For a list of changes and when they were made, see "Terms Changelog".
2. WHO WE ARE
2.1 We are Magpie Solutions Ltd, a limited company registered in England and Wales with registered number 05829449 and registered office address of 14 Augustus Mews, High Street, Braintree, Essex CM7 1GZ, which is also our main trading address. We trade under the trading name of “Parcelbroker”. We refer to ourselves as “Parcelbroker”, “we”, “us” “our” in these terms.
2.2 Our VAT number is GB924777391.
3. CUSTOMER SERVICE TEAM
3.1 You can contact our Customer Service Team via:
3.1.1 our on-line contact us form: Contact Us;
3.1.2 our website live chat: Ask A Question ; or
3.1.3 email: email@example.com.
4.1 See our glossary in clause 41.8 if you are not sure what a capitalised term means in our terms and conditions.
4.2 When we say “in writing” in these terms, we mean by email or letter, but not fax. We will usually correspond with you by email or telephone.
5. TYPE OF CUSTOMER AND APPLICABLE TERMS
5.1 These terms are for our customers, whether they are businesses or consumers, however not all of the terms apply to each type of customer. Where a term applies to just business customers or just consumer customers, this is clearly stated.
5.2 You are a business customer if you are buying services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
6. WHEN YOU BUY FROM US YOU ARE AGREEING TO THE FOLLOWING TERMS:
7. YOUR ORDER
7.1 You must provide all of the information requested during the order process. You will not be able to submit your order if any of the requested information has not been filled in. You must check your order carefully to make sure it is complete and accurate and true to the best of your knowledge before you submit it. This includes checking that the recipient’s address is correct if you are using our address look-up tool.
7.2 Provision of telephone numbers. As part of complying with clause 7.1, during the order process you are required to provide the full name and current telephone number of the sender and the full name and current telephone number of the recipient. This is so the delivery driver or us may call them in the event of a query e.g. an address query. For all overseas deliveries, you must supply a current local contact number for the recipient. The delivery driver will not make international calls.
7.3 If you do not comply with clause 7.1 we may not be able to accept your order, or, if we do accept your order, the shipment may be delayed or clause 30.1.2 may apply and the shipment may be returned at your cost. If you or the sender does not provide accurate information, clauses 23.3 or 34.2 may apply.
7.4 If you are sending a shipment to yourself or to a third party from another third party, and our contract is with you (i.e. you are the account holder), you must ensure that the sender is aware of these terms and conditions, and complies with these terms and conditions in full.
8. ACKNOWLEDGEMENT AND ACCEPTANCE
8.1 Order Acknowledgement and Confirmation Email. To accept your order, we first confirm it has been received on our website after it has been submitted to us (Order Acknowledgement). We also send you a confirmation email that summarises your order. When we accept your order, a contract is formed between you and us.
9. REJECTING ORDERS
9.1 Sometimes we reject orders:
9.1.1 for example, because the goods you wish to send are prohibited goods (see clause 10), because there is an outstanding debt associated with your account, because you are a credit account customer and a credit reference we have obtained is unsatisfactory, because the carrier refuses service to a particular business or individual, or because the service was mispriced by us; and
9.1.2 when this happens, we let you know as soon as possible and refund any sums owed.
10. PROHIBITED GOODS AND SHIPMENTS CONNECTED TO FRAUD
10.1 The shipment must not contain any goods that are prohibited. The list of prohibited goods at the date of your order can be accessed here. You or the sender must check this list before submitting your order to us, and ensure that none of the goods listed, or any similar goods, are in the shipment.
10.2 Our prohibited goods list is not exhaustive and similar items will also be prohibited. If you are unsure, please contact us before you submit your order. See clause 3 for how to contact us.
10.3 When you submit your order, you confirm that none of the prohibited goods, or similar goods, are in the shipment at the date of the order, and at the date the shipment is collected from you or the sender, or from a PDL, or when it is dropped off at a Depot.
10.4 The shipment must not be connected to any type of fraud.
10.5 We, or the Carriers, have the right to intercept, open, investigate and hold any shipment that is suspected to contain prohibited goods or is connected to any type of fraud or suspected fraud. Customs may also open, seize and destroy your shipment as set out in clause 21.9.
10.6 If the shipment does contain any prohibited goods, or is connected to any type of fraud or suspected fraud, the shipment will no longer be delivered to the delivery destination. The Carrier and/or us will decide what to do with the shipment, which may involve destroying the shipment (this may be the whole of the shipment, or some of the goods) and informing the relevant authorities.
10.7 If the shipment does not contain any prohibited goods as suspected:
10.7.1 it will either be re-sealed and will continue to be delivered to the ultimate delivery destination; or
10.7.2 it will be returned to sender at the carriers expense; or
10.7.3 if you or the sender has failed to comply with clause 12, the shipment may be returned to the sender at your cost.
11. YOU ARE RESPONSIBLE FOR MAKING SURE THE SHIPMENT’S MEASUREMENTS AND WEIGHT ARE ACCURATE
11.1 You are responsible for making sure the measurements and weight of the shipment (including length, width, height and weight) are correct, and that you have selected the correct units of measure. If you or the sender need any help or are unsure, please contact us (see clause 3).
12. PACKAGING AND LABELS
12.1 You or the sender must ensure that:
12.1.1 the packaging for the shipment meets our Packaging Guidelines here unless clause 12.1.2 applies (if you are a consumer, we take into account if you have used reasonable efforts to comply with our Packaging Guidelines);
12.1.2 when reusing packaging you or the sender must ensure that it is like new, with no degradation to its structural integrity; and
12.1.3 the shipping labels and documents that we have provided are the only labels and documents that you or the sender use;
12.1.4 all of the goods are packaged in double walled cardboard shipping containers with at least 3” (7.62cm) of appropriate cushioning materials between the goods and the outer walls of the container;
12.1.5 any goods being shipped must be able to withstand a short drop
12.1.6 shipments are not strapped or attached together; and
12.1.7 the goods are not packaged inside a suitcase, holdall, duffel bag or any similar container.
12.2 You or the sender must not:
12.2.1 complete, sign or use any hand-written shipping documentation provided by the Carrier. If used, the shipment may be delayed and may be subject to additional costs, which you will be responsible for. You will be required to pay any such additional costs incurred in accordance with clause 22; or
12.2.2 use any hand written labels on the shipment, unless we have told you to.
13. THE CARRIERS AND THEIR SERVICES
13.1 We arrange the collection, transport and delivery of each shipment with third party delivery and courier company(ies) – the Carrier(s). Your Contract is with us and we have a contract in place with the Carriers. As the Contract is with us, if you have any queries about the services, your order or the Carrier, you must contact us and not the Carrier. See clause 3 for how to contact us.
13.2 The Carrier may refuse to collect the shipment if:
13.2.1 the goods being transported are prohibited goods (see clause 10) or if the goods are classified as dangerous (and clause 30.1 may apply);
13.2.2 the packaging is insufficient or inappropriate;
13.2.3 the shipment is too big or weighs too much and you or the sender have not complied with the clauses 13.4.1 or 13.4.2 and clause 30.1 may apply;
13.2.4 the labels or documents relating to the shipment are missing, incomplete or incorrect;
13.2.5 the shipment is not ready for collection; or
13.2.6 the shipment is unattended at collection.
13.3.1 Collection timescale(s): You must request the date that you would like the shipment to be collected. We do not guarantee that you will be able to have the collection date that you have requested, because it can change. If we are made aware and able to, we will let you know about any changes to any collection date requested by you in writing.
13.3.2 Any delivery timescale(s) provided by us:
188.8.131.52 start from the day after collection from you, the sender, a PDL or the Depot;
184.108.40.206 do not include the time taken for the goods to go through customs; and
220.127.116.11 may vary depending on the size and contents of the shipment, the origin and destination locations and public holidays in the origin and destination countr(ies),
13.3.3 On occasion Carriers may subcontract your collection or delivery to a third party courier to collect from or deliver to locations that they do not cover. This may add 1-3 working days to any collection or delivery timescale that we have provided to you.
13.4.1 Collection and delivery drivers are not obliged to manually lift shipments exceeding 25 kilograms unassisted. If the shipment exceeds 25 kilograms, you must have the physical or mechanical capabilities to assist the driver with loading the shipment onto the collection vehicle, unless otherwise agreed by us in advance and in writing.
13.4.2 If the shipment weighs 70 kilograms or more in gross or volumetric weight (for information about what “volumetric weight” means, click here. You must give us at least 24 hours’ notice before the date of collection, because we will need to arrange a suitable vehicle to collect the shipment.
13.5 Document Services. Our document services must only be used to send paper documents. This service cannot be used to ship any other type of goods or commodities.
14. WE CAN CHANGE THE SERVICES AND THESE TERMS
14.1 Changes we can always make. We can make changes to the services to:
14.1.1 reflect changes in relevant laws and regulatory requirements; or
14.1.2 to make minor technical adjustments and improvements, these changes are not intended to affect your use of the services.
14.2 If we want to make significant changes, we will contact you to let you know. If you do not agree to the change, you can end the Contract before the change takes effect, and receive a refund for any services that you have paid for but not received.
15. WE CAN SUSPEND SUPPLY (AND YOU HAVE RIGHTS IF WE DO)
15.1 We can suspend the supply of a service. We will do this if:
15.1.1 we need to deal with technical problems;
15.1.2 it is necessary to suspend the services while we update the services to reflect changes in relevant laws and regulatory requirements; or
15.1.3 if the relevant Carrier is suspending the service.
15.2 We will contact you if your order is affected to let you know.
15.3 If we suspend supply, or tell you we're going to suspend supply, for more than 7 days you can contact our Customer Service Team (see clause 3) to end the Contract. We'll refund any sums you've paid in advance for services you won't receive.
15.4 We can also suspend supply of the services if you do not pay on the due date for payment and within 7 of calendar days of us reminding you that payment is due.
16. WE CAN WITHDRAW THE SERVICES
16.1 We can stop providing the services, or any specific services if the Carrier no longer provides the services or the specific services. We will refund any sums you’ve paid in advance for services which will not be provided.
17.1 Collections are made on working days only, between the hours of 08:00 – 20:00 (although collections usually occur between the hours of 09:00 – 17:30). We do not provide an estimated collection time or estimated collection window, and collection can occur at any time on the day of collection, between the hours stated in this clause.
17.2 Unless clause 17.3 applies:
17.2.1 you, or someone chosen by you, must be present when the shipment is collected; and
17.2.2 you must obtain a receipt from the collection driver to evidence that the shipment has been collected (a manifest receipt can be printed from the “my account” area of the website). If this is not possible, you must obtain the driver’s name and, if possible, a signature, and record the time and date of the collection in writing and retain this as proof of collection.
17.3 When you submit your order, you may decide to have the shipment collected from a PDL (as defined in 41.8.13). You must obtain a receipt from the PDL as evidence that you have deposited the shipment there. If you drop the shipment off after the Carrier has visited your chosen PDL, your shipment will be collected by the Carrier on their next visit.
17.4 If you drop your shipment off at a Depot (as defined in 41.8.6), you must obtain a receipt from the Carrier, as evidence that you have deposited the shipment there.
17.5 Failed collection:
17.5.1 except where clause 17.5.2 applies, you must let us know if any collection fails because it will not automatically be re-attempted. Once you let us know tell us your requested collection date, we will re-book collection for you in accordance with clause 13.3.1
17.5.2 if a collection from a PDL fails, the Carrier will automatically make another attempt at collection on their next visit.
17.6 Unless clause 18.1.5 applies, collection drivers do not routinely make phone calls prior to or upon collection for parcel and document services.
17.7 If you paid an additional charge for collection on a specific date and there is a failed collection due to our fault or the fault of the Carrier:
17.7.1 we will rebook another collection for you, free of charge, unless clause 17.7.2 or 17.7.3 apply;
17.7.2 if you want to cancel your order, we will refund the collection charge; Or
17.7.3 if you opt to drop the shipment off at a Depot or PDL, we will refund the original collection charge that you paid.
Subject to clause 35.4, our liability is limited to re-booking another collection for you under clause 17.7.1, or providing the refund stated in clauses 17.7.2 or 17.7.3.
17.8 If collection fails where we aren’t at fault and neither is the Carrier, you will be required to pay a new collection charge. This must be paid before collection can be re-arranged.
17.9 Your collection location must not be:
17.9.1 a stand at an exhibition or trade fair. Collections from an exhibition can only be made from the logistics agent managing the exhibition or fair;
17.9.2 a Post Office Box (P.O. Box), British Forces Post Office (BFPO), Army Post Office (APO), Fleet Post Office (FPO) or any other post box address;
17.9.3 a location that is unsafe for a collection driver to access;
17.9.4 a place that would require the collection driver to spend an unreasonable amount of time in order to collect the shipment (e.g. due to amount of stairs, distance required on foot or waiting time required). Typically, Carrier’s allocate a few minutes to collect each shipment; or
17.9.5 a place that the collection driver cannot gain access to.
18. DEDICATED PALLET SERVICES
18.1 For our dedicated UK and European pallet services (“Dedicated Pallet Services”):
18.1.1 we may request a photo of the goods to be transported on the pallet before collection can occur. You must ensure that the photograph is promptly provided to us otherwise collection may be delayed;
18.1.2 you must ensure that the pallet must not weigh in excess of:
18.104.22.168 a total of 1000 kilograms or more; or
22.214.171.124 more than 750 kilograms if a tail lift is required,
otherwise, it may be rejected by the Carrier and clause 30.1 may apply;
18.1.3 Collection and delivery of pallets are curbside only unless 18.1.4 applies and there is clear access into your property boundary. The carrier will not deliver inside a building unless there is a loading ramp.
18.1.4 the drivers can only collect and deliver on a sold, flat, smooth and level surface (for example, concrete or tarmac). For example, they cannot collect or deliver pallets located on slopes, grassy, gravel or otherwise soft or uneven surfaces;
18.1.5 collection drivers may make a call to the sender’s number stated on your order prior to or upon collection of the relevant shipment;
18.1.6 if collection fails where we aren’t at fault and neither is the Carrier (for example, if clause 13.2 applies) an abortive collection charge will be incurred by you. The abortive collection charge is calculated in relation to the size of the pallet space that the shipment would have taken up, had it been collected as planned. For these purposes, a pallet space is 120cm x 100 cm in size. Therefore, for each 120cm x 100cm space that the shipment would have taken up, you will be charged. The abortive collection charge will be calculated in relation to the size of the pallet and the collection location.
18.1.7 delivery drivers may make a call to the recipient’s number stated on your order prior to or upon delivery of the relevant shipment; and
18.1.8 if delivery fails where we aren’t at fault and neither is the Carrier (for example, because the destination address is incorrect, is closed, vacant or the recipient is unable or unwilling to accept the shipment on the first delivery attempt), a re-delivery charge will be incurred by you. The re-delivery charge will be calculated in relation to the size of the pallet and the delivery location.
19.1 Shipments are delivered on working days Monday – Fridays (and on Saturdays for parcels shipped on Saturday delivery services). If you didn't choose a specific timed delivery service, delivery is made between 08:00 – 20:00 (usually between the hours of 09:00 – 17:30). Delivery can occur at any time on the day of delivery, between the hours stated in this clause.
19.2 Deliveries are made to the address specified on the order, and not to the person specified on the order.
19.3 Unless clause 18.1.7 applies, delivery drivers do not routinely make phone calls prior to or upon delivery.
19.4 If no one is available at the delivery address to take delivery and the shipment cannot be posted through the letterbox, the delivery driver will leave the shipment:
19.4.1 with a neighbour;
19.4.2 at a local PDL;
19.4.3 at an outside location deemed safe by the delivery driver; or
19.4.4 at a local Depot; or
19.4.5 If none of the above are possible, the shipment will be returned to sender at your cost; or disposed of if the sender cannot accept delivery
The delivery driver may leave the recipient a note informing them of how to rearrange delivery, or to collect the goods from the local PDL or local Depot. If no note is left, and the tracking information (please see clause 20) indicates a delivery attempt has taken place, please contact us (see clause 3).
19.5 Delivery will be considered successful if the shipment is posted through the recipient’s letter box, or if clauses 19.4.1, 19.4.2, 19.4.3 apply, or it is collected from a local depot.
19.6 If clause 19.4.4 applies and delivery is re-arranged by you or the recipient, the delivery driver will attempt to deliver the shipment again. On any delivery attempt, the delivery driver may deliver the shipment in accordance with clauses 19.4.1, 19.4.2 or 19.4.3. If delivery fails where we aren’t at fault and neither is the Carrier, you may be required to pay a new delivery charge. This must be paid before redelivery can be re-arranged. Costs for each delivery attempt are no more than the original amount paid.
19.7 If you or the recipient fail to re-arrange delivery or collect the goods from the local PDL or local Depot, or the recipient fails to accept delivery, we may charge you for storage costs, until you, the sender or the recipient collect it from the relevant PDL or Depot.
19.8 If, despite our reasonable efforts, we are unable to contact you, or the recipient, or re-arrange successful delivery or collection from the PDL or Depot, we may end the Contract, and clauses 23.5 and 30.1 may apply.
19.9 The delivery location must not be a stand at:
19.9.1 an exhibition or trade fair. Deliveries to an exhibition can only be made to the logistics agent managing the exhibition or fair;
19.9.2 a Post Office Box (P.O. Box), British Forces Post Office (BFPO), Army Post Office (APO), Fleet Post Office (FPO) or any other post box addresses;
19.9.3 a location that is unsafe for a delivery driver to access;
19.9.4 a place that would require the delivery driver to spend an unreasonable amount of time in order to deliver the shipment (e.g. due to amount of stairs, distance required on foot or waiting time required). Typically Carrier’s allocate a few minutes to deliver each shipment); or
19.9.5 a place that the delivery driver cannot gain access to.
20.1 You will be provided with tracking information about your order. Please use this information to track the progress of the shipment. You may share it with the recipient.
20.2 We do not monitor the progress of individual shipments or orders as part of our services.
20.3 If there are any issues with the progress of the shipment, please contact us as soon as possible to let us know. See clause 3 for our contact details.
21. CUSTOMS (INCLUDING DUTY & TAX LIABILITIES)
21.1 You are required to carry out all import requirements of the destination country in relation to your shipment. You, or the recipient, are required to pay any import duties and taxes on the shipment. If the recipient does not pay all of the import duties and taxes, you will be required to pay them instead.
21.2 Unless otherwise agreed with us in advance and in writing, all shipments are sent on a Delivered At Place (DAP) basis (as per the Incoterms 2020 or in force at the date of this Contract). If there is any conflict between this clause and the Incoterm used by the sender, then DAP shall prevail.
21.3 Excluding in relation to our Document Service (see clause 13.5), all exports:
21.3.1 travelling to destinations outside of the UK are subject to customs clearance; and
21.3.2 require a customs invoice. Depending on the type, value, origin, quantity, material composition and intended use of goods contained in the shipment, the ultimate destination or the reason for shipping, further information and supplementary documentation may be required for the shipment to progress through customs.
21.4 It is your responsibility to:
21.4.1 check that you are happy to pay all of the costs relating to the export and import of the shipment before submitting your order to us;
21.4.2 familiarise yourself with the customs requirements (including all documentation) in the destination country before submitting your order; and
21.4.3 ensure that all export and import documentation is accurate and complete before submitting your order.
21.5 We are not a customs authority or a point of authority on customs procedures. We can offer basic assistance relating to customs. For specific advice relating to your shipment, before you send your shipment, we recommend that you check with:
21.5.1 your local consulate, chamber of commerce or customs authority for any export restrictions or requirements (e.g. HMRC in the UK); and
21.5.2 the local customs authority in the destination country to check for any import restrictions or requirements (e.g. U.S. Customs and Border Protection in the USA).
21.6 We have no influence or control over:
21.6.1 the costs (such as charges, levies, assessments and any other fees of any kind) which are charged on the export or import of the shipment; or
21.6.2 the time that it takes for a shipment to be processed by customs.
21.7 If we pay any customs charges on your behalf, you will be required to reimburse us for the charges paid, plus a disbursement fee no greater than:
21.7.1 £5.00 or 5% of the total customs charges incurred, (whichever is the greater) for values equal to or under £150; or
21.7.2 £10.00 or 5% of the total customs charges incurred, (whichever is the greater) for values exceeding £150.
21.8 Shipments sent using our Documents Service are not subject to customs clearance. You or the sender must not include a customs invoice with the shipment because this may cause confusion and in turn delays, loss or may cause the shipment to be returned at your cost.
21.9 Customs authorities may open, seize, destroy or return goods back to the sender for any reason. These reasons may include (but are not limited to) the goods in the shipment being prohibited, due to export or import restrictions, due to the paperwork being incorrect or insufficient, or for non-payment of export and import charges.
21.10 If you do not agree with any decision made by customs, you must resolve the issue directly with the relevant customs authority.
22. SURCHARGES (INCLUDING SUPPLEMENTARY CUSTOMS CHARGES) AND WHEN WE CHARGE YOU
22.1 Surcharges are additional costs that are payable by you in addition to the cost to send the shipment and if applicable, duty & tax liabilities. These surcharges will be charged to you, as the account holder in accordance with clause 22.4 or 22.5. Please click here to view a common list of surcharges that may be applied during the booking process or during or after delivery.
22.2 All surcharges are calculated in accordance with the current prices displayed on our website or the current tariff of the Carrier who is transporting the shipment.
22.3 If we pay a surcharge on your behalf, you will be required to reimburse us for the surcharge that we have paid, plus a £1 administration fee for each surcharge that we have paid.
22.4 Surcharges will be confirmed in writing by email to you (“Surcharge Notice”). You need to pay the surcharge and VAT (if applicable) on the surcharge.
22.5 Unless the surcharge is disputed or paid within 7 calendar days of the date of the Surcharge Notice, we will charge the full amount to your original method of payment.
22.6 For any orders paid using PayPal, you agree to keep the PayPal billing agreement in place for at least 21 days after delivery of the shipment, in case of any surcharges.
22.7 If you do not think the surcharge is due, you must initiate a dispute within 7 calendar days of the date of the Surcharge Notice and provide supporting evidence by using the link provided in the Surcharge Notice email or by clicking the dispute button provided in the shopping cart against the surcharge.
22.8 Customs Clearance is provided by the Carriers at no extra cost for Routine Customs Clearance (as defined in clause 41.8.16). On occasion, your import or export may require the Carrier’s Customs Clearance teams to perform additional duties, which attract an additional charge (“Supplementary Customs Charges”). These charges are calculated in line with the Carrier’s latest tariffs. For more information on the Supplementary Customs Charges and when they may apply, please click here. Supplementary Customs Charges are charged as surcharges and will be payable by you in accordance with clause 22.4 or 22.5.
22.9 Once you have queried the surcharge with us, we will forward this onto the Carrier. We will let you know whether the Carrier upholds the surcharge, or whether the Carrier agrees that the surcharge is not due. If the surcharge is not due, we will raise a credit note against the invoice for the charge and if applicable refund any sums that you have paid.
22.10 We do not have authority to override the Carriers’ final decision in relation to a surcharge, however we may not agree with the Carrier’s decision and may choose to waive or reduce the surcharge.
23. WHEN WE CHARGE YOU FOR THE SERVICES AND OTHER COSTS
23.1 How you can pay. Unless clause 23.1.3 applies, we charge you for the transport services when you submit your order. We accept the following credit and debit cards: Visa, Mastercard, American Express, Discover & Diners and China UnionPay. We do not accept payment via phone or by post. Alternatively you can pay via:
23.1.1 PayPal if you have a PayPal account, by following the relevant links and inputting the required information onto the order page. Please also see clause 22.6;
23.1.2 Pre-pay top-up. You can pre-pay funds onto your online account using BACS, the credit and debit cards listed in clause 23.1 or using PayPal as described in clause 23.1.1. Pre-paid funds can only be used for payments of orders in full, they cannot be used for part payments. The minimum pre-payment amount that you can pay onto your account at any one time is £10.00. BACS pre-payments will not be added to your account until the transaction has been verified as successful and cleared through our banking system, therefore there may be a delay in you making a pre-payment and it showing in your account. If you are unsure, please contact us (see clause 3); or
23.1.3 Credit account if you are a business customer:
126.96.36.199 If you are a business customer and we agree in writing to supply you with a credit account, you must pay our invoices:
(a) before or on the last day of the month following the month that the relevant invoice is dated; and
(b) in full and cleared funds using our Direct Debit service provided by GoCardless.
188.8.131.52 To be eligible for a credit account, you must submit an application to us in the form provided by us, and have a weekly spend with us in excess of £250 (excluding VAT) or be an active user of one of our integrations. You must ensure that the contents of the application form are completed in full and accurately.
23.2 The amount we charge under clause 23.1 is for transport of the shipment only (including VAT where applicable) except for surcharges which are dealt with in clause 22, you must pay any surcharges as follows:
23.2.1 within 7 calendar days of the date of our surcharge invoice; or
23.2.2 in accordance with clause 184.108.40.206(a) if you are a business customer with a credit account.
23.3 If there is a discrepancy in size, weight or other information on your order that the Carrier informs us about, we will charge you as a surcharge the difference between the cost of the service that has been provided and amount paid or due to be paid by you under your order. For example, this means that if you paid £10.00 for delivery of a shipment that weighed 25 kilograms, and the shipment actually weighed 30 kilograms which is subject to a £12.00 charge, you would need to pay us an additional £2.00 plus an administration fee in accordance with clause 22.3.
23.4 We reserve the right to refuse or refund any payments made through our website, or request supporting documents to qualify any payments made through our website, or to require you to undertake any additional checks to confirm who you are before we process your payment (e.g. to verify your identity). If you do not comply with our request and provided we are acting reasonably, we may end this Contract and clause 30.1 may apply.
23.5 Goods may be held, returned to our office, sold or auctioned to recover any unpaid charges owed to us by you. We will give you a warning if we are planning on disposing of the shipment, however if we do not hear back from you within 6 months, we will dispose of the goods and clause 30.1 may apply. We may also immediately dispose of the goods if you give us your permission and clause 30.1 may apply. We will not dispose of a shipment where there is an on-going legal dispute between us.
24. WE CHARGE INTEREST ON LATE PAYMENTS
24.1 If you are a business customer and you fail to make a payment that is due to us under this Contract by the due date, then you shall pay interest on the overdue sum at the rate of 8% a year above the Bank of England base rate from time to time, or at 8% where the interest rate is 0% or below. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.
24.2 If you are a consumer customer, if we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest is charged on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay us the interest together with any overdue amount.
25. WE PASS ON INCREASES IN VAT
25.1 If the rate of VAT changes between your order date and the date we supply the services or the date any surcharges are billed to you, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
26. IF YOU ARE A CONSUMER AND YOU BOUGHT ONLINE, WHEN YOU CAN AND CANNOT CHANGE YOUR MIND
26.1 Your legal right to change your mind. If you are a consumer you have a legal right to change your mind under the Consumer Contract Regulations 2013 in what is called “the cancellation period” for most services. The cancellation period is 14 days, starting from the day after you entered into the Contract. You do not have this cancellation right for certain types of services, which include goods’ transport services, where the contract provides for a specific date or period of performance. Therefore the right to cancel does not apply to the Contract between us. However, see clause 27.1 if you want to cancel before we have collected the shipment from you or clause 17.7.2 if you want to cancel the Contract after a failed collection that was due to our fault, or the fault of the Carrier. If you want to cancel after we have collected the shipment, see clause 27.2.
27. CANCELLING OR AMENDING YOUR ORDER
27.1 Cancelling your order before collection. Before the shipment is collected by us, you can cancel your order. Provided you let us know that you want to cancel within 30 days of the date of your order, and do not use your shipping labels, we will provide you with a refund in accordance with clause 28.1, minus any collection attempt charges that apply. The cost for each collection attempt will not exceed the transport cost as stated in your original order. You must not use the shipping labels to post the shipment once you have cancelled your order, if you use the shipping labels, any costs incurred in relation to your shipment will be charged to you as surcharges in accordance with clause 22.
27.2 Cancelling or amending your order after collection. Once a shipment has been collected, if you would like it to be returned to you please contact us to let us know (see clause 3 for how to contact us). Intercepting a shipment cannot be guaranteed and we will let you know if this is possible. If it is not possible, the shipment will continue to be delivered to the ultimate delivery destination. If it is possible, then you will be responsible for paying for any charges incurred in relation to returning the shipment to you, or otherwise amending your order. The amount charged will depend on how far the shipment has travelled before we receive your request. If you are:
27.2.1 cancelling your contract, you may be entitled to a partial refund of the original shipping costs if the shipment did not reach the destination country (international deliveries) or local depot (UK to UK domestic deliveries). In these cases refunds will be the difference between what you have paid and the cost of returning the shipment to you; or
27.2.2 amending your order, we will confirm the costs and any other consequences of your requested change. If you agree to the consequences and the costs, you will be required to pay the additional costs, at which point we will amend your order. These terms will continue to apply to your amended order.
27.3 How to let us know. To let us know you want to cancel or amend your order, contact our Customer Service Team via:
27.3.1 Our on-line contact us form: Contact Us;
27.3.2 Our website live chat: Ask A Question; or
27.3.3 Email: firstname.lastname@example.org.
28.1 When and how we refund you.
28.1.1 We refund you as soon as possible, and within 14 days of you telling us you want to cancel your order under clause 27.1.
28.1.2 Unless otherwise agreed between us, we will refund you by the method you used for payment. We do not charge a fee for making refunds.
29. IF THERE IS SOMETHING WRONG WITH THE SERVICES
29.1 If we have not provided the services as set out in these terms and the order form, you must inform our Customer Service Team via:
29.1.1 Our on-line contact us form: Contact Us;
29.1.2 Our website live chat: Ask A Question ; or
29.1.3 Email: email@example.com.
29.2 Statutory rights and remedies if you are a consumer. We honour our legal duty to provide you with services that are as described to you on our website, that are provided with reasonable care and skill and that meet all the requirements imposed by law. Your legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
29.3 Your rights if you are a business. We warrant that our services will be provided with reasonable skill and care .
30. WE CAN END OUR CONTRACT WITH YOU
30.1 We can end our Contract with you for the services and claim any compensation due to us if:
30.1.1 you do not make any payment to us when it’s due and you still don’t make payment within 17 days of our reminding you that payment is due;
30.1.2 you do not, within a reasonable time of us asking for it, provide us or the Carrier with information, cooperation or access that we need to provide the services, for example, if you do not comply with clause 7.1;
30.1.3 you do not, within a reasonable time, allow the Carrier to collect the shipment from you or from a local PDL or a local Depot;
30.1.4 you do not comply with clauses 10.1 - 10.4;
30.1.5 clause 13.2.1 applies
30.1.6 clause 13.2.3 applies;
30.1.7 clause 18.1.2 applies;
30.1.8 clause 19.8 applies;
30.1.9 clause 23.4 applies;
30.1.10 clause 23.5 applies; or
30.1.11 clause 36.1 applies.
30.2 We can end our Contract with you for the services if you, the sender or recipient are abusive, threatening or aggressive to us or the Carrier. Where this occurs, we will refund you for any services that you have paid for but have not received.
30.3 If you are a business customer, in addition to clause 30.1 and without limiting any of our other rights or remedies:
30.3.1 we may end this contract with you if:
220.127.116.11 you commit a material breach of the terms of the Contract and (if that breach is remediable) fail to remedy that breach within 7 of days of you being notified in writing to do so;
18.104.22.168 you repeatedly breach any of the term(s) of this Contract in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the terms of this Contract;
22.214.171.124 you take any step or action in connection with entering into administration, provisional liquidation or any composition or arrangement with your creditors (other than a solvent restructuring), obtaining a moratorium, being wound up (whether voluntary or by order of the court, unless for the purpose of solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business (or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction);
126.96.36.199 you suspend or threaten to suspend, cease or threaten to cease to carry on all or substantial part of your business; or
188.8.131.52 your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of this Contract are in jeopardy.
30.3.2 On termination of this Contract for any reason, you shall immediately pay to us all of our outstanding unpaid invoices and interest in respect of services supplied. In respect of any services supplied for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
31. TRANSIT COVER
31.1 “Consignment” means goods sent from a single address, at the same time in one shipment or on one pallet, by or for the same customer, to a single delivery address.
31.2 We only provide Standard Transit Cover or Extended Transit Cover if the person placing the order is the sender or receiver of the Consignment. We do not accept claims under our Standard Transit Cover or Extended Transit Cover where you are neither the sender or the receiver of the shipment (this is also known as “drop shipping”).
31.3.1 do not provide cover under our Standard Transit Cover or Extended Transit Cover:
184.108.40.206 for loss or damage to the goods listed here (“Zero Liability Goods”);
220.127.116.11 for damage to the goods listed here (“Limited Liability Goods”); or
18.104.22.168 in relation to the Document Services (see clause 13.5); and
31.3.2 will not be responsible for the losses that you suffer under our Standard Transit Cover or Extended Transit Cover as set out in clause 34.
31.4 Standard Transit Cover. Our Standard Transit Cover provides a maximum level of compensation of £25 for loss or damage to goods per Consignment. If you want the Standard Transit Cover, you must select the Standard Transit Cover when you place your order for the Consignment.
31.5 Extended Transit Cover. Our Extended Transit Cover provides a maximum level of compensation of £1,000 for loss or damage to the goods per Consignment. If you want to purchase the Extended Transit Cover, you must purchase the Extended Transit Cover when you place your order for the Consignment.
31.6 Having Standard Transit Cover or Extended Transit Cover in place does not mean that you are guaranteed the full amount of cover as compensation if you make a claim for damage, loss or delay under our Standard Transit Cover or Extended Transit Cover. The amount of compensation you receive will depend on:
31.6.1 the value of the goods declared to customs. We will not pay compensation in excess of this amount. See also clause 34.2 if you under declare the value of your goods;
31.6.2 unless clause 31.6.1 applies, the cost of the goods (and not the re-sale value of the goods);
31.6.3 whether clause 34 applies; and
31.6.4 if you are a business customer and are also the manufacturer of the goods that are lost or damaged, we will only compensate you under our Standard Transit Cover or Extended Transit Cover for the cost of materials to replace the lost or damaged goods, and not the labour costs that you have incurred in manufacturing those goods.
31.7.1 the Consignment (including any packaging) is clearly damaged on delivery, if you sign for the delivery as ‘DAMAGED’, this will help evidence any claim that you make for damage; and
31.7.2 you are unable to check the Consignment when it is delivered, if you sign for the delivery as ‘UNCHECKED’, this will evidence that you had not checked the Consignment on delivery.
31.8 You must submit your claim within the time-limits stated in clause 32.
31.9 Where we pay compensation for damaged goods that cannot be repaired, you must send the goods to the address specified by us at our cost. You agree that on payment of the compensation, ownership of the goods passes to us.
31.10 If we agree to pay you any compensation as a result of your claim, payments will be made via cheque or BACS transfer to the bank account specified by you. Payments can be made to UK bank accounts only.
32. CLAIMS UNDER OUR TRANSIT COVER
32.1 Your Contract is with us, Parcelbroker. Therefore, if you wish to make a claim under our Standard Transit Cover or Extended Transit Cover for:
32.1.1 damage or loss, you must make the claim to us and not the Carrier in accordance with clause 32.2; and/or
32.1.2 late delivery (we call this delay), you must contact our Customer Service Team (see clause 3 for their contact details) and not the Carrier.
If you claim directly against the Carrier this may cause delays to us dealing with your claim, because we may be unable to claim against the Carrier while your claim is in progress.
32.2 If you want to make a claim for loss or damage under our Standard Transit Cover or Extended Transit Cover, you (the account holder) must log onto your account and complete our claim form in full, which is accessible via https://parcelbroker.co.uk/myaccount/claims/create.
32.3 Any details entered onto the claim form or otherwise provided to us as part of your claim must be clear and accurate and true to the best of your knowledge and belief. Providing false or misleading information will be taken seriously, may lead to your claim being denied, and may be reported to the relevant authorities.
32.4 Time period for claiming:
32.4.1 You must initiate your claim in accordance with clause 32.2 for damage to your goods within 7 calendar days of the Consignment containing the goods being delivered;
32.4.2 You must initiate your claim in accordance with clause 32.2 for a lost Consignment if the Consignment is not received at the recipient address within 14 calendar days from the date the Consignment was collected from you or a PDL or Depot. If part of the Consignment is delivered, you must initiate your claim within 7 calendar days of the incomplete Consignment being delivered (so if part of the Consignment was delivered on the 1st of the month, you must submit your claim by/on the 7th of the month); or
32.4.3 You must inform us about late delivery in accordance with clause 32.1.2 within 10 calendar days of the Consignment being delivered (so if the Consignment is delivered on the 1st of the month, you must submit your claim by/on the 10th of the month).
If you do not initiate your claim within the relevant time period set out in clause 32.4, we will reject your claim for compensation under our Standard Transit Cover or Extended Transit Cover. Clause 19.5 sets out when delivery has occurred.
32.5 When we receive your claim form in respect of loss or damage, or when you contact us about late delivery, we will consider your claim. We will let you know the outcome of your claim in writing.
32.6 When you must provide evidence to us. If the Consignment is damaged on delivery you must keep the packaging in case it needs to be inspected. You must also keep the damaged goods. You must not use, repair or alter the damaged goods or the packaging. You must not move the damaged goods or packaging to another address.
32.6.1 You must provide evidence to help us assess your claim. All evidence must be submitted within 10 calendar days of the date that a claim is initiated under clause 32.4:
22.214.171.124 photographic evidence clearly demonstrating the damage to the goods (for damage claims only);
126.96.36.199 photographic evidence clearly demonstrating the internal and external packaging used (for damage claims only);
188.8.131.52 a cost invoice proving the cost value of the lost or damaged goods (for damage and loss claims only). If this invoice also includes goods that were not lost or damaged, you must inform us which of the goods on the invoice were lost or damaged; or
184.108.40.206 a company headed / stamped repair bill or quote (for damage and loss claims only); or
220.127.116.11 if you are a business customer and the manufacturer of the goods, you must provide evidence of to the cost of the materials used to manufacture the goods, excluding any labour costs for damage and loss claims only.
32.6.2 If further information or evidence is requested by us to assess the claim, you must provide it to us within 7 calendar days of our request.
32.7.1 you are unable to send us photographic evidence of the damaged packaging and/or goods under clauses 18.104.22.168 or 22.214.171.124;
32.7.2 you have moved the goods to another address; or
32.7.3 you have used, repaired or otherwise altered the goods,
any claim made by you under our Standard Transit Cover or Extended Transit Cover that the goods are damaged will be rejected, because the damage could have been caused by you, rather than the Carrier.
32.8 If you are unable to comply with clauses 126.96.36.199, 188.8.131.52 or 184.108.40.206 any claim made by you under our Standard Transit Cover or Extended Transit Cover that the goods are lost or damaged will be rejected, because there is no proof of financial loss.
32.8.1 We may accept alternative evidence at our discretion, but reserve to the right to make our own assessments on values.
32.9 We may require at least 21 calendar days to review all details of a claim before we contact you about it.
32.10 ParcelBroker’s Claims Department reserves the right to contact all involved parties during claim investigations, including the Carrier, sender and receiver, or any other connected third party.
32.11 You have the right to appeal a claim decision. Should you wish to do this, you must submit your appeal to our Claims Department in writing within 14 calendar days from the date we communicated our decision about your claim to you (this will be set out on a document called a “Return Claim Statement”).
33. CLAIMS FOR DELAY (INCLUDING UNDER OUR TRANSIT COVER)
33.1 Subject to clauses 13.3.2 and 13.3.3, if the Consignment is delivered later than the end of the delivery period stated during the booking process:
33.1.1 you may be entitled to a partial refund of the shipping costs that you have paid as set out in clauses 220.127.116.11, 18.104.22.168 or 22.214.171.124.
33.1.2 except where clause 34 applies, if the Consignment:
126.96.36.199 was shipped on a time specific service (such as pre 9AM), but the Consignment is delivered on a later service (e.g. by 12PM) we will refund you the lesser of:
(a) the difference in cost between the service you paid for and the service that you received; or
(b) 25% of the shipping costs for the relevant Consignment; or
188.8.131.52 was not shipped on a time specific service, we will refund you the lesser of:
(a) the difference in cost between the service you paid for and the service that you received; or
(b) 25% of the shipping costs you have paid for the relevant Consignment; or
184.108.40.206 is a pallet, we will refund you the difference in cost between the service that you paid for and the service that you received.
34. WHEN WE ARE NOT RESPONSIBLE FOR DELAY, DAMAGE AND LOSS
34.1 Subject to clause 35.4, we will not be liable for delay, loss or damage (including under our Standard Transit Cover or Extended Transit Cover):
34.1.1 for loss or damage to Zero Liability Goods, or damage to Limited Liability Goods;
34.1.2 for any damage to any Consignment (a claim for damage), including if the Consignment is lost whether in whole or in part (a claim for loss) or delivered late (a claim for delay):
220.127.116.11 if the Carrier is unable to make contact with the sender or the recipient using the contact details that you provided under clause 7.2 and the Consignment is returned to sender (in relation to delay claims only);
18.104.22.168 because the Consignment was disposed of for health and safety reasons or to prevent damage to other property (for example, if the Consignment contained broken glass or was leaking);
22.214.171.124 because delivery was delayed due to a failed collection (see clause 17.5);
126.96.36.199 because you have not complied with:
(a) clause 7.1; or
(b) clauses 10.1 - 10.4 (inclusive);
188.8.131.52 if clause:
(a) 10.5 applies;
(b) 10.6 applies; or
(c) 10.7.1 applies (in relation to a claim for delay); or
(d) 10.7.2 applies (in relation to a claim for delay);
(e) 10.7.3 applies (in relation to a claim for delay);
184.108.40.206 if the Consignment was not packaged in accordance with clause 12.1 (except, if you are a consumer, we will take into account if you have used reasonable efforts to comply with our Packaging Guidelines);
220.127.116.11 if clause:
(a) 12.2 applies (in relation to a claim for delay);
(b) 13.2 applies (in relation to a claim for delay); or
(c) 18.104.22.168 applies (in relation to a claim for delay);
(d) 22.214.171.124 applies (in relation to a claim for delay); or
(e) 13.3.3 applies (in relation to a claim for delay);
126.96.36.199 if you did not comply with clause 13.4 (in relation to a claim for delay);
188.8.131.52 if clause 13.5 applies;
184.108.40.206 because we suspended the services due to non-payment by you under clause 15.4 (in relation to a claim for delay);
220.127.116.11 you did not comply with clause 17.2.1 (in relation to claim(s) of loss or delay);
18.104.22.168 you have not obtained a receipt or checked that the Consignment was scanned under clause 17.2.2 (in relation to a claim of loss);
22.214.171.124 you have not obtained a receipt under clause 17.3 (in relation to a claim of loss);
126.96.36.199 you did not let us know about a failed collection under clause 17.5.1 (in relation to a claim for delay);
188.8.131.52 if clause 17.8 applies (in relation to a claim for delay);
184.108.40.206 if clauses 17.9 applies;
220.127.116.11 if clause:
(a) 18.1.1 applies (in relation to a claim for delay);
(b) 18.1.2 applies (in relation to a claim for delay);
18.104.22.168 if delay, loss or damage are caused as a result of the Carrier complying with clause 18.1.3 or 18.1.4;
22.214.171.124 if clause 19.8 applies;
126.96.36.199 if clause 19.9 applies;
188.8.131.52 you have not complied with clause 21.1 (in relation to claim(s) of loss or delay);
184.108.40.206 you have not complied with clause 21.4.3 (in relation to claim(s) of loss or delay);
220.127.116.11 the delay is caused by customs;
18.104.22.168 if clause:
(a) 21.8 applies (in relation to a claim for delay);
(b) 21.9 applies;
(c) 27.2.2 applies and you have amended your order (in relation to a claim for delay);
22.214.171.124 if clause 31.2 applies;
126.96.36.199 if clause 31.3 applies;
188.8.131.52 you do not comply with clause 31.8
184.108.40.206 you do not comply with clause:
(a) 32.1; or
220.127.116.11 if clause 32.7 applies;
18.104.22.168 if clause 32.8 applies; or
22.214.171.124 if the delay is caused by an event outside of our control as set out in clause 35.1 and we have complied with clause 35.1 (in relation to a claim for delay).
34.2 The Carrier will check your Consignment size and weight. If you under declared a Consignment size or weight, our Standard Transit Cover or any Extended Transit Cover (which ever applies to your order) will be null and void, unless you can provide evidence that supports your calculation of the Consignment’s weight and size.
34.3 Any goods that are damaged as a result of a fall or other impact with the external packaging intact will be declined as the damage will not have occurred in transit, or the internal packaging will not have been sufficient to protect the goods during transit.
34.4 Claims for damage to goods will not be accepted for any goods described as damaged, faulty or in need of repair (or similar), or where the reason for import or export given on your customs declaration is “repair”.
35. WE DO NOT COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR THE SERVICES
35.1 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (i.e. a period of more than 1 month) you may contact us to end the Contract and receive a refund for any services that you have paid for but not received.
35.2 Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this Contract unless:
35.2.1 the loss is caused by you breaking this Contract, because you have not complied with the terms of the Contract between us;
35.2.2 the loss is unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);
35.2.3 the loss is caused by a delaying event outside our control. As long as we have taken the steps set out in clause 35.1;
35.2.4 the loss is caused by a customs authority or is a result of a decision made by a customs authority;
35.2.5 the loss is avoidable. Something you could have avoided by taking reasonable action. For example if the shipment is returned due to missing or incorrect address or contact information; or
35.2.6 the loss is a business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in clause 35.3.
35.3 Our liability to businesses. If you’re a business, then, except in respect of the losses described in clause 35.4:
35.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
35.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for the services that have caused you loss under the Contract.
35.4 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
35.4.1 death or personal injury caused by our negligence , or the negligence of our employees;
35.4.2 fraud or fraudulent misrepresentation; or
35.4.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
36. IF YOU ARE A BUSINESS CUSTOMER WHO IS A FORWARDING AGENT
36.1 If you are a business customer:
36.1.1 you must not resell our services without our prior written consent (see clause 3 for our contact details); and
36.1.2 if you do not comply with clause 36.1.1, your orders will be intercepted or returned to the sender’s address at your expense; and
36.1.3 clause 30.1 will apply.
36.2 For the avoidance of doubt, if you are a consumer and you re-sell our services without our prior written consent, you will be treated as a business customer under this Contract. If you are simply transferring your rights under the Contract, please see clause 41.4.
36.3 Subject to clause 36.1, you may use our services if you are a Forwarding Agent provided that:
36.3.1 our contract is with you and not your end customer;
36.3.2 all collections are collected from the address(es) agreed in writing by us during your application;
36.3.3 you provide full and accurate descriptions of all goods shipped on the order form;
36.3.4 you must place all orders and not your end customer(s);
36.3.5 we will only liaise with you about each order and not your end customer(s); and
36.3.6 you must procure that your customer(s) comply with the Contract.
36.4 You acknowledge and accept that:
36.4.1 clauses 31 and 32 will not apply to any order placed by you ; and
36.4.2 you shall only use the shipping labels and documents provided by us and you shall procure that your customers do the same;
36.4.3 you must provide any and all relevant communications (including but not limited to, requests for information, tracking information and reminders) to your relevant customer and procure that they promptly respond when required; and
36.4.4 you will be responsible for paying any costs incurred by you or your customer(s) in accordance with the terms of this Contract, which will be charged in full to your ParcelBroker account.
37. IF YOU ARE A BUSINESS CUSTOMER THIS IS OUR ENTIRE AGREEMENT WITH YOU
37.1 If you are a business customer the Contract constitute the entire agreement between us in relation to your purchase of our services. You acknowledge that:
37.1.1 you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in the Contract; and
37.1.2 you have no claim for innocent or negligent misrepresentation, or negligent misstatement, based on any statement in the Contract.
38. IF YOU ARE A BUSINESS CUSTOMER YOU HAVE NO SET-OFF RIGHTS
If you are a business customer you must pay all amounts due to us under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
39. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE
How we use any personal data you give us is set out in our Privacy Notice: https://parcelbroker.co.uk/privacy/.
40. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
40.1 Complaints. If you have any issues with the services, please let us know. See clause 3 for how to contact our Customer Service Team. Our Customer Service Team will do their best to resolve any problems you have with us or our services. You can also view our Complaints Policy via: https://help.parcelbroker.co.uk/hc/en-gb/articles/4416259350417-Complaints-Escalations-Procedure
40.2 You can go to court:
40.2.1 These terms are governed by English law.
40.2.2 If you are a consumer then you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.
40.2.3 If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our Contract with you to the exclusive jurisdiction of the English courts.
41. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT
41.1 We can sub-contract our obligations under these terms and conditions without your consent. This means that we can contract with a third party who will then provide the services to you instead. We do this with our Carriers as set out in clause 13.1. We are still responsible to you for performance of the services under this Contract when we do this.
41.2 We can transfer our Contract with you, so that a different organisation is responsible for co-ordinating the supply or supplying the services. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the Contract. If we do this, the third party we transfer the Contract to will be responsible to you for performance of the services.
41.3 If you are a business, you can only transfer your Contract with us to someone else if we agree to this. You need our agreement to transfer your Contract with us and it’s entirely up to us whether we give it.
41.4 If you are a consumer you may transfer your Contract to another consumer. We can require the new consumer to prove that you transferred the Contract to them, for example by requiring you and them to confirm this in writing.
41.5 Nobody else has any rights under this Contract. This Contract is between you (the account holder) and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign-off on ending or changing it.
41.6 If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
41.7 Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we cannot do it later.
41.8.1 Carrier – see clause 13.1.
41.8.2 Confirmation Email – see clause 8.
41.8.3 Consignment – see clause 31.1.
41.8.4 Contract means your order form, the notices, instructions and warnings that were provided to you when you completed and submitted your order and our Confirmation Email.
41.8.5 Dedicated Pallet Services - see clause 18.1.
41.8.6 Depot means a depot operated by the Carrier (for example, if the Carrier is DHL, the relevant depot would be a DHL depot).
41.8.7 Credit Account - see clause 21.1.3
41.8.8 Document Services – means a shipment of printed forms or paper with no commercial value.
41.8.9 Forwarding Agent - means a business that is re-selling our services, and includes a reseller, freight forwarder and third-party shipping agent.
41.8.10 Limited Liability Goods has the meaning set out in clause 126.96.36.199.
41.8.11 Order Acknowledgement – see clause 8.
41.8.12 Packaging Guidelines – can be accessed in clause 12.1.1.
41.8.13 PDL – means a pick up or drop off location specified by the Carrier.
41.8.14 Supplementary Customs Charges – see clause 22.8.
41.8.15 Surcharge Notice – see clause 22.4.
41.8.16 Routine Customs Clearance means for the export of a shipment that requires no export licences or any type of special treatment.
41.8.17 Zero Liability Goods has the meaning set out in clause 188.8.131.52.