TERMS AND CONDITIONS OF CARRIAGE & ADDITIONAL SERVICES
1. TERMS AND CONDITIONS DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us. “we”, “us”,”our” and Emysea UK Limited T/A Parcels2Europe.co.uk its group of companies and it’s employees, agents and independent contractors;
“you” and “your” means the sender or consignor;
“carriage” means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
“consignment note” means information provided by you in paper or electronic form concerning the shipment;
“other services” means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, packing,
“shipment” means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;
2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not.
Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents.
Only our authorised directors of Emysea UK Limited may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
3. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time without reason or delay.
If we find prohibited items we reserve the right to remove part or all of the items and allow the shipment to continue.
We reserve the right to dispose of the prohibited item(s) and you may not claim against your additional liability cover.
4. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Transit times are defined as working days. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
You shall bring no claim forward to us or any of our agents, sub-contractors and any party involved in the delivery of your parcel.
5. INCORRECT ADDRESS AND P.O. BOX NUMBERS
If we are unable to deliver a shipment because of an incorrect address you will accept that delays and additional charges maybe incurred. We will make all reasonable efforts to find the correct address. We will notify you of the delay via email, text or by phone of the correction and attempt to deliver the shipment to the correct address. If we deem the new/correct address not to be suitable or safe to deliver the parcel we will reserve the right to refuse delivery and return the parcel as a cost to you the sender.
Deliveries to post office box numbers are not accepted. Items shipped with us and rejected will still be charged at full rate.
6. THE DELIVERY OF YOUR SHIPMENT
Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment.
If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action.
You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges for making a third or more delivery attempt and for the agreed appropriate next action.
If we do not receive your or receiver’s instructions within 30 days after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
7. THE DELIVERY TIME-SCALES
All shipments offered are non-guaranteed and the times quoted are estimates unless otherwise stated or you have communication from us to prove otherwise.
Our delivery days start after the day of collection.
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.
Any additional cover taken out to protect these valuable goods shall be voided not be refunded.
If any consignment is mixed between permitted and prohibited items the whole consignment shall be excluded from any liability cover.
For Prohibited items please see section 15)
9.ADDITIONAL LIABILITY COVER
You may, against payment of additional liability cover at an indicated charge on Parcels2Europe.co.uk website or any group website which relates to the service being provided, make a declaration on the consignment note of the value of the shipment (non document shipment) to a maximum of £10,000 per shipment
Declaration must be made by completing the relevant box on the consignment note on www.parcels2Europe.co.uk and by paying the indicated charge.
Compensation for proved loss or damage of which must be 28 days or more to your shipment may be claimed up to the declared value. Additional liability cover is not available for precious stones, precious metals, laptop computers, plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques, documents or any films, tapes, discs, memory cards or any such other data or image carrying goods.
Additional liability cover options provided by this does not provide compensation or losses of a consequential nature or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions, are not available for non-carriage services.
We do not accept part cover of any shipment whether it being a single shipment or part of a multi shipment and will not refund any charges taken for this. If you declare one value and decide to claim for a lessor amount we will also refuse to pay out.
Each consignment number must be fully covered for the shipment amount excluding shipping cost.
10. RATES AND PAYMENT
You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 3 days from the date of our invoice without withholding, deduction, counterclaim or set off.
Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract.
We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our FAQ section of www.parcels2turkey.co.uk. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.
As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 3 days of us notifying you that the receiver has not paid.
You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the European Central Bank base rate until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
The door-to-door delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
formal customs entries involving more than three different commodities;
customs bonds or the need to deliver goods under a customs bond;
clearances involving a government department other than the customs authority.
Where permitted by law, our standard invoice presentation method is electronic invoicing. Where you request, or we are required, to use paper invoicing we reserve the right to charge you an administration fee for providing this service.
Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.
You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
In the event that there are any additional charges passed to us from the carriers due to but not limited to your declared weight, dimensions or destination details are incorrect, we reserve the right to charge your card without prior notice for additional money owed plus any administration charges. We will issue you an invoice to your notified email address on the day we charge your card.
11. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
You must notify us about the loss, damage or delay within 3 days after delivery of the shipment or within 3 days from the date the shipment should have been delivered or if the claim relates to other services within 3 days from the date you ought reasonably to have become aware of the loss, damage or delay.
If we send you a claim form you must return it within 14 days from the date of issue fully completed together with all relevant documentation in support of your claim;
we are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
Should a claim for damage be put forward to us we will require the original item in which this item will be retained by us for re-sell or for future auditing purposes.
as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;
in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
12. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
13. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:
our employees assigned or primarily dedicated to the services we provide to you; or
employee or former employee of yours; or
any supplier or former supplier to you; or
any third party which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.
14. YOUR LIABILITY
Any items but not limited in Section 8 of our terms and conditions which breached and cause damage to our property or networks property you accept full liability and to exclude & Indemnify Emysea UK Limited and Parcels2Europe.co.uk from any claims from the public or our network.
Should we have to pay any fees to ensure your consignment gets to it’s destination which wasn’t declared at time of purchase you accept we will automatically deduct any and all fees from your method of payment without delay.
15. Prohibited Items (Expansion of Section 8)
Items which are prohibited as Hazardous, combustible, or explosive materials
Munitions of war
Firearms (or parts thereof)
Precious metals and gemstones
Paper currency, coins, credit cards, and cheques
Printer Ink Cartridges
This list is not limited and we reserve the right to change this list or refuse to carry items without notice.
We delivery all items commercial or not as DDU -Delivered Duty Unpaid unless prior arrangement has been made. It is the country of destinations right to charge customs fees or duties for any import received. Should we incur any charges we will automatically charge you for these plus any administration charge. Your dispute regarding these charges are not to be taken up with us but with the customs department of the the charging country.