THESE TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITE (WWW.PARCELMONKEY.CO.UK) YOUR ACCESS TO, AND UNDERTAKING AND USE OF OUR SERVICES AND YOUR RELATIONSHIP WITH PARCEL MONKEY LIMITED. PLEASE READ THEM CAREFULLY AS THEY CONTAIN EXCLUSIONS AND LIMITATIONS OF OUR LIABILITY TO YOU AND AFFECT YOUR RIGHTS AND LIABILITIES UNDER THE LAW.
IF YOU AGREE TO THESE TERMS AND CONDITIONS UNCONDITIONALLY, YOU SHOULD TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU WILL THEN BE ABLE TO PROCEED WITH AN ORDER WITH US TO WHICH THESE TERMS AND CONDITIONS WILL APPLY.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT TICK THE 'I AGREE TO THE TERMS AND CONDITIONS' BOX ADJACENT TO THE LINK TO THESE TERMS AND CONDITIONS AND YOU SHOULD NOT CONTINUE WITH THE PURCHASE OF OUR SERVICES.
YOU CAN ACCESS YOUR ORDER DETAILS AND THESE TERMS AND CONDITIONS AT ANY TIME ONLINE FROM OUR WEBSITE BUT WE RECOMMEND THAT YOU STORE A COPY OF THESE TERMS ON YOUR COMPUTER OR DEVICE FOR YOUR REFERENCE OFFLINE.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT OUR CUSTOMER SUPPORT TEAM USING THE FOLLOWING LINK: http://www.parcelmonkey.co.uk/contactus2.php
"The Company" shall refer to Parcel Monkey Limited (a company registered in England and Wales under number 07097496) whose registered office is at Unit 21 Tollgate, Tollgate Business Village, Chandlers Ford, Hampshire, United Kingdom SO53 3TG.
"The Carrier" shall refer to DHL, DX, City Link, Nightfreight, Royal Mail and any other Carrier The Company may use from time to time.
"Customer" shall refer to the individual or entity that has registered for an account on the Company's website and has ordered the Company's service using that account.
"The Consignee" shall refer to the delivery recipient at the delivery address.
The Company shall process any orders made by the Customer in accordance with these terms and conditions, acting as a reseller for The Carrier.
2. SCOPE OF SERVICE
The Company provides transportation services which are carried out by independent carriers.
A transportation as economical and fast as possible is achieved by standardised operations. The parcels are transported as consolidated shipments and sorted and transported within the depots and reloading points with automatic conveyers.
The parcels are scanned regularly when received at the outbound depot, when running through a reloading point, when received at the inbound depot, at the transfer to the delivery driver as well as upon delivery to the consignee.
The pickup of parcels will be acknowledged on the documents of receipt provided by The Carrier.
The delivery of parcels which arrive until 5pm local time at the outbound depot is carried out on working days except Saturdays within the UK within 24 hours of the estimated time of delivery to the door of The Consignee.
Compliance with the estimated time of delivery is not guaranteed.
The Customer shall be responsible to ensure that the correct Goods are available to be collected by the Carrier from the collection address on the scheduled collection date. The Customer should ensure that they or a trusted representative are physically present at the time of collection.
The Carrier shall carry out a maximum of two delivery attempts.
The Customer agrees that after a first unsuccessful delivery attempt, the delivery may be carried out against the signature of a neighbour or of a person present at the business or household.
As proof of delivery the printout of the digitally available signature of The Consignee or, where applicable, the delivery note list signed by The Consignee is sufficient.
All prices to be paid for the Service and any additional charges to be applied in connection with the Service shall be inclusive of VAT.
Unless agreed by the Company in writing, "working days" do not include Saturdays, Sundays or Public Holidays.
3. CUSTOMER OBLIGATIONS - PLEASE READ CAREFULLY
Each parcel must bear or be accompanied by the duly completed documents provided by The Company and/or The Carrier. The Customer shall be liable for any errors in
The packaging must ensure that on the one hand the goods themselves are protected against loss and damage and that on the other hand persons carrying out the transportation and other parcels transported are not endangered.
The packaging must ensure that access to the parcels content is not possible without leaving a clear trace on the outside of the parcel.
For parcels sent using the ëParcel Monkey Air Express or the Europe by Road Service AN ADDITIONAL CHARGE OF £6.60 INCLUDING VAT CHARGE WILL APPLY IN THE EVENT THAT YOUR PARCEL HAS NOT BEEN TAPED APPROPRIATELY. This charge is to cover the cost of labour and materials for re taping your parcel in order for its safe delivery. Re taping your parcel shall not affect your parcels dimensions or weight.
Further to clause 3.5 above, re taping shall not apply to parcels that the Company considers are not capable of being secured safely without replacing the packaging. IN THE EVENT THAT THE PACKAGING MUST BE REPLACED, AN ADDITIONAL CHARGE OF £10.20 INCLUDING VAT WILL APPLY.
Further to clause 3.5 and 3.6, should the customer not authorise the additional charge payment to be taken, the order will be cancelled and the parcel will be held by the Company until the Customer has paid the cost to return the parcel in a secure condition with a Courier selected by the Company to the original collection address. The Company shall hold the parcel for a maximum of 21 days.
For parcels sent using a bag service, the Customer is responsible for ensuring the dimensions and weight of the parcel are declared accurately when placing the order as it is a condition of service that the item fits safely and completely inside the bag.
Further to clause 3.8, for items that cannot fit safely and completely inside the bag the order will be cancelled without refund and held by the Company until the Customer has paid the cost to return the parcel in a secure condition with a Courier selected by the Company to the original collection address within the UK. The Company shall hold the item for a maximum of 21 days.
All data to be provided by the Customer (including by electronic means) in relation to the ordering, labelling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by the Company. Such data shall include but not be limited to the weight of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. IF THE CUSTOMER HAS FAILED TO PROVIDE ALL SUCH NECESSARY DATA, THEN THE CARRIER SHALL BE ENTITLED TO REFUSE TO CARRY THE CONSIGNMENT AND THE COMPANY SHALL CHARGE THE CUSTOMER ACCORDINGLY FOR THE COST OF RETURNING THE CONSIGNMENT TO THE CUSTOMEr's COLLECTION ADDRESS. AN ADMINISTRATION CHARGE OF £6.00 INCLUDING VAT FOR THE ARRANGEMENT OF THE RETURN CARRIAGE SHALL ALSO APPLY.
For the purpose of clause 3.10 above, the unit of measurement for the weight shall be in Kilo Grams to the nearest single decimal place.
Once the Customer's item has been collected, it may only be delivered to the delivery address specified when the order was placed.
In the event that the Carrier concludes that there is a problem with the Customer's Consignment which prevents the fulfilment of the Service, the Customer shall be notified of the problem. If the problem is caused as a result of the Customer's breach of the terms under this agreement (i.e. insufficient packaging, restricted items, incorrect information supplied) then the Customer shall pay the cost of carriage for the safe return of the Consignment to the original Collection Address. SHOULD THE CONSIGNMENT NOT BE SAFE TO RETURN, 72 HOURS WILL BE GIVEN FROM THE DATE AND TIME THE CUSTOMER IS NOTIFIED OF THE PROBLEM TO COLLECT THE CONSIGNMENT FROM THE CARRIERS DEPOT. SHOULD THE CUSTOMER NOT COLLECT THE CONSIGNMENT WITHIN THIS TIME FRAME, THE CONSIGNMENT WILL BE DISPOSED OF. A new order will need to be placed should the Customer wish to send the Consignment again.
For International Shipments, it is the responsibility of the Sender to submit all papers required for the customs clearance.
In the event that the intended recipient of the Consignment refuses to pay any customs duty imposed by the relevant authority, the Sender shall be required to pay the customs duty before the Consignment shall be released and delivered. SHOULD THE SENDER REFUSE TO PAY THE CUSTOMS DUTY, THE CONSIGNMENT WILL BE DISPOSED OF.
In the event that the Consignment is returned to the Collection Address, the Customer shall not be eligible for a refund or compensation. This shall not affect the Customer's rights under Section 5.
The Customer is not permitted, under any circumstance, to resell the services or the rates that the Company offers.
The goods and parcels listed below shall be excluded from transportation by The Company and The Carrier due to their value or composition.
The Company will not, without its specific agreement with its Carriers, carry livestock, liquids, perishable goods, glass, guns, LCD screens, plasma screens, CRT screens, LED screens, china, porcelain, pots, vases, ceramics, un wrapped furniture, freestanding furniture, un packaged goods, damaged goods, gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidising or radioactive materials, toy guns or replica guns, weapons, toy weapons or replica weapons.
For the purpose of Section 4.3. above, perishable goods are classified by the Company as animals (including birds, fish, insects, larvae, pupae etc); animal products; antiques and art works; banderols/tax stickers;bullion (or any precious metal); cash-like negotiable instruments in bearer form (this would include but not be limited to cash, bank notes, currency, vouchers, securities, pre-paid phone cards, activated SIM cards and unused stamps); costume jewellery over £250 in value; food; jewellery and objects constructed of precious metals and/or stones, loose precious stones (including industrial diamonds); legal drugs and pharmaceutical products; medical samples (includes bodily fluids and tissue samples); micro processors, electronic components, mobile telephones and accessories over £250 in value; designer clothing, apparel and accessories over £250 in value; flowers and plant products; furs and garments trimmed with fur; hazardous goods; human remains or ashes; irreplaceable/unique items; perishable items that require a temperature controlled environment; personal data; This list of items is not exhaustive and may be amended by The Company from time to time as published on The Company's website at www.parcelmonkey.com.
5. MAKING A CLAIM
For all claims for loss, theft or damage to your goods, you must make your claim within the following periods:
For goods that have been damaged with a delivery address within the United Kingdom, The Company must receive notice of your claim within three (3) working days from the date of delivery and The Company must receive full details of the actual claim within seven (7) working days from the date of delivery.
For goods that have been damaged with a delivery address outside of the United Kingdom, The Company must receive notice of your claim within seven (7) working days from the date of delivery and The Company must receive full details of the actual claim within seven (7) working days of the scheduled delivery date.
For goods that are lost, The Company must receive notice of your claim within three (3) working days from the scheduled delivery date and The Company must receive full details of the actual claim within seven (7) working days from the scheduled delivery date. For the avoidance of doubt, you may submit notice of your claim beyond three (3) working days from the scheduled delivery date on the condition that the notice and the full details of the actual claim is received by The Company no later than seven (7) working days from the scheduled delivery date.
If you can prove to The Company that you or the person receiving the goods did not have a reasonable opportunity to inspect the goods within the time periods stated above, the time periods for making a claim shall be extended so that the notice must be given from the date the goods could be inspected.
As part of our claims procedure, our claims team will contact the delivery recipient to verify the claim. In the event that the delivery recipient fails to respond within 28 days of the date of the message sent by our claims team, the Company may reject the claim at its sole discretion.
The Company reserves the right to retain any item that is the subject matter of a claim for damage for further inspection. Should the Company award compensation under this agreement for the damage, the Company may retain ownership of this item for consideration of the claim transaction.
Before the Company shall award any monetary amount of compensation for your item, the Company will consider the market value of the item and the value of the item stipulated on the invoice provided by you at the time you submitted the claim.
The Company reserves the right to award the market value of the item.
The Company may dismiss any claim which does not adhere to the above criteria.
6. CARRIAGE GUARANTEE
The Carriage Guarantee's intended purpose is to provide the Company's customers with a contractual guarantee that their goods will be reimbursed at their cost value in the event of damage or loss. The Carriage Guarantee is not an insurance product.
The Carriage Guarantee shall cover items up to a maximum value of £1000 per consignment.
The Carriage Guarantee shall not cover items that are excluded under these terms and conditions, listed on our restricted items list, falsely valued or have been incorrectly packaged.
All claims made under the Carriage Guarantee must be made in accordance with Section 5 of our terms and conditions.
7. SAME DAY SERVICE
The Same Day Service will consist of a collection and delivery from and to the address designated by The Customer.
For the purpose of collection, The Carrier shall collect The Customers consignment from the designated address within an estimated and not guaranteed time frame of 90 minutes of The Customer successfully processing an order on The Company's web site: www.parcelmonkey.com.
For the purpose of delivery, The Carrier shall collect The Customers consignment from the designated address within the same day as the successful collection of The Customer's Consignment.
Should The Carrier be delayed at The Customer's collection address due to the consignment not being available at the time The Carrier arrives, a waiting charge calculated at £20 per hour shall apply to The Customer.
Any Toll Charges encountered by The Carrier while transporting The Customers Consignment will be payable by The Customer.
The Collection and Delivery recipient must be present at the designated address in order to successfully receive The Consignment from The Carrier. Should the recipient not be available at the time The Carrier arrives The Customer will not be applicable for a refund due to the nature and cost of this type of service.
The Customer must take full care and responsibility when selecting the appropriate vehicle to transport The Customers consignment.
If, for any reason, The Consignment is returned by The Carrier to The Sender a 50% handling charged will be applicable to The Customer.
8. LIABILITY OF THE COMPANY
Where The Customer deals with The Company as a consumer, the provisions set out here within do not and will not affect The Customer's rights under the Unfair Contract Terms Act 1977.
Subject to the Terms of this Agreement here within, if the Receiver, Sender or any other party makes any claims for liabilities or damages or makes any attempt to recover any costs or expenses against The Carrier, its agents or sub contractors, then The Customer shall indemnify The Company against any such claim.
The Company shall not be liable for any claim for damage or loss whatsoever in excess of the value of the item stipulated by The Customer during the booking process. Liability is strictly limited to £1000.
Although the Company shall use reasonable endeavours to provide the Service within the estimated timescales, the Company cannot guarantee the collection or delivery times specified.
The Company shall not be liable for late deliveries unless there is valid evidence of a period of 5 working days from the date the goods were scheduled to be delivered on.
The Company shall not be liable for late collections unless there is valid evidence of a period of 5 working days from the date the goods were scheduled to be collected on.
The Company disclaims all liability for any consequential loss arising from, or in connection with, the Services supplied by The Company and its Agents. For the purpose of this Agreement, 'Consequential loss' shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity (vii) Loss of work.
The Company shall not be liable for any negligent acts or omissions conducted by its Agents.
This Agreement shall not disclaim any liability for personal injury or death arising from the Company's own wilful misconduct or negligence.
The Company shall not be liable to compensate the Customer for any damage incurred to the packaging of the Customers Goods. The Company shall only compensate the Customer for loss or damage to the Goods themselves in accordance with these terms and conditions.
9. DELAYS IN SERVICE
Delays in service may be experienced under the following conditions:
Weather such as Snow, Ice, Hurricane, Tornado and any other such weather that can reasonably be expected to cause a disruption to the service.
War, Invasion, Act of Foreign Enemy, Hostilities (whether war be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or usurped power.
Ionising Radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
The absence, failure or inadequacy of packing or packaging as stated under Section 3.
The Customer may cancel this Agreement at any time and receive a full refund providing cancellation is made no later than 5.30pm one working day prior to the scheduled collection date. Cancellations made after this time will be subject to a cancellation charge of £6.00 including VAT as a result.
11. THIRD PARTY RIGHTS
This Contract shall apply between the Customer and the Company only.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than the Company and the Customer shall have any rights under it.
12. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.