Terms & Conditions
1
General information
a) Welcome to Packfleet. Packfleet operates a delivery service that allows you to arrange for collection and delivery of your goods (the "Services"). Our website https://www.packfleet.com/ ("Website") is operated by Packfleet Ltd of 14-16 Verney Road, London, England, SE16 3DH (“Packfleet,” “we,” “us”, or “our”). You can find everything you need to know us and our Services on our Website before you begin using our Services. We also confirm the key information to you in writing in your online account.
b) About these Terms. These Terms and Conditions, privacy policy, cookies policy and website terms of use ("Policy" or "Policies"), (collectively, “Terms”) describe the terms and conditions on which we provide the Services to you ("you" or "your").
c) Your privacy is important to us. We will collect, use and process personal data in accordance with our privacy policy, which is available here.
d) Using our Website. For further details relating to the use of our Website, please see our website terms of use available here available here.
e) Your use of the Services will be subject to accepting these Terms. By using our Services and the Website, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Services or the Website. Please read them carefully before proceeding to use our Services and the Website.
f) Changes to Terms and Policies. We may change these Terms and our Policies at any time, but if we do, we will place a notice on our Website. We may also send you an email and/or notify you by some other means. Changes take effect on the date set out at the beginning of these Terms. You should check these Terms often to stay informed of any changes that may affect you. Your continued use of the Website and/or Services after we change these Terms constitutes your acceptance of the changes. If you do not agree to any of the changes, you must cancel your account and not use any portion of the Services.
g) Business Customers Rights and Consumer Rights. We do not give business customers all the same rights as consumers automatically as the laws differ between consumer and business law. We will seek to meet the requests of all our customers (business and consumers) and act reasonably in doing so, in accordance with the laws applicable. For example, business customers can't always cancel their orders, they have different rights where there is a problem with the services and we don't have an obligation to compensate them in the same way for losses caused by us or our services. In such scenarios, Packfleet will try to meet such requests when reasonable. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are using our services wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. Where we don't distinguish whether a term applies just to businesses or just to consumers (together "Customers" or "you"), this term applies to both.
h) Entire Agreement. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that 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 these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2
Accounts and using the services
a) Setting up an account. Both business customers and consumers and Recipients (as defined below) must create an account in order to start using the Packfleet platform, and book a shipment or a collection, by providing certain information such as first and last name and an email address. You must provide accurate information about yourself when you create your account and not use any false details. You must keep your account details (including passwords) safe.
b) Deactivating your account. You may deactivate your account at any time by emailing hello@packfleet.com.
c) Account security. You must notify Packfleet immediately if you learn that your password has been compromised or your account has been used in an unauthorised way (e.g. where you have allowed a third party to access and use your account in breach of these terms). You may be held liable for losses incurred by Packfleet or any other person due to you allowing another person using your account or password in breach of these terms You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password.
3
Information on our services
a) Booking collections / shipments. Once your account is set up, you may begin to book shipments and collections of the items to be delivered (the "Delivery Item").
i) When booking a collection, Customers must provide certain key information including the full address of the collection point and a time frame for collection (the "Collection Information"). Packfleet reserves the right to determine various conditions for selecting a time frame for a collection and such conditions may change from time to time. These will be made clear to you when booking a collection.
ii) When booking a shipment, Customers must provide certain key information (the "Shipment Information", and together with the "Collection Information ", the "Booking Information") including the name of the person the Delivery Item should be sent to (the "Recipient"), their address and their contact details, including their phone number and email address. You must also either link this shipment with a previously booked collection or provide the same details as in clause 3(a)(i) when booking the shipment. You may also provide special instructions for the delivery and select a time window for delivery. As with collections, Packfleet reserves the right to determine various conditions for what can be selected when booking a shipment and these may change from time to time. Any such conditions will be made clear to you when booking a shipment. We take no responsibility where the Booking Information you provide is incorrect, incomplete or false;, we rely on this information and will act accordingly.
b) What happens once you book a shipment or collection. Once you have booked a shipment or collection, we will let you know that we have received such booking. We will then provide you with a shipping label as confirmation of acceptance of such booking.
c) Sometimes we reject bookings. Sometimes we reject bookings, for example, because you are located outside of our delivery areas. When this happens, we let you know as soon as possible and refund any sums you have paid.
d) Arranging collection. You are responsible for ensuring that the Delivery Item is ready to be collected in accordance with the Booking Information and that such Booking Information is complete and accurate.
e) Your obligations. You are also responsible for co-operating with Packfleet in all matters relating to the Services. If Packfleet's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by you (“Customer Default”):
i) without affecting any of Packfleet's other rights, Packfleet shall be allowed to stop providing until you are able to remedy the Customer Default. Whilst a Customer Default continues, Packfleet shall not be obligated to meet its responsibilities under this Agreement;
ii) Packfleet shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Packfleet’s failure or delay to perform any of its obligations as set out in this Clause 3(e); and
iii) Packfleet may require the Customer to reimburse Packfleet on written demand for any costs or losses sustained or incurred by Packfleet arising directly or indirectly from the Customer Default.
f) What happens once we have collected the Delivery Item? Once Packfleet has completed the collection, the Delivery Item will be held by Packfleet and arrangements will be made for onward delivery of the Delivery Item to the Recipient where possible the following day or as soon as is reasonably practicable.
g) How does delivery of the Delivery Item work? Packfleet will attempt to deliver the Delivery Item to the Recipient where possible on the day following the date of collection (and otherwise as soon as is reasonably practicable). Packfleet will contact the Recipient directly in order to send a delivery time update. Subject to any special instructions received, where Packfleet is unable to deliver the Delivery Item to the Recipient on the first try, Packfleet will attempt to deliver the Delivery Item to a neighbour or leave the Delivery Item in safe place. If this is not possible, Packfleet may attempt to re-deliver the following day up to a further two (2) times (i.e. three (3) delivery attempts in total). If delivery is not possible, Packfleet will contact you for further instructions. No additional fees will be charged for these attempts at re-delivery. Following receipt of additional instructions from you, Packfleet may take further reasonable steps thereafter as requested but reserves the right to charge additional fees in such instances. For the avoidance of doubt, such additional steps may include the return of the Delivery Item to you if delivery was not possible and Packfleet may charge a reasonable fee for such (such fee will be communicated to you prior to the Delivery Item being returned to you).
h) What happens if a return is necessary? If a Recipient wants to return a Delivery Item, this can be arranged by using Packfleet's Services. Such request can be made either by you via the online chat function or email and Packfleet reserves the right to charge a reasonable fee for such or by the Recipient directly through the Recipient setting up an account with Packfleet.
i) Packaging. You are responsible for ensuring that all Delivery Items are properly and sufficiently packaged and labelled. To the extent that any Delivery Items are lost or damaged whilst being transported by Packfleet, or cause injury or damage to any person or any property, because of insufficient packaging, you are wholly responsible and Packfleet will not be liable for any loss. Where you are arranging a return on behalf of a Recipient, you will be responsible for ensuring that such Recipient meets the requirements of this clause and you will be responsible for any loss caused by the Recipient's failure to do so. When in transit, your package will be handled multiple times. It might also have packages put on top of it. Your packaging has to be strong enough to withstand courier transportation. If your packaging is not sufficient, you risk your package being damaged in transit, and you will also not be able to claim compensation. Customer must ensure the Delivery Item(s) comply with the laws and regulations of each country through which the Delivery Items may be carried which shall be Customer’s sole responsibility.
j) Insurance. Notwithstanding clause 3(i), Packfleet maintains its own insurance for the Services which it provides to the sole extent it is negligent in the provision of the Services.
4
When and how we charge you
a) Payment. We charge you at the end of each month for Services provided in that month. Payment can be made in various ways including by bank transfer to a bank account nominated in writing by Packfleet (within 30 days of payment becoming due) or direct debit.
b) Set-off Rights. If you are a business customer you have no set-off rights and must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
c) Late Payments and Interest. If we're unable to collect any payment you owe us we reserve the right to charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
5
Your rights as a consumer
This clause only applies if you are a consumer and not a business customer.
a) Your legal right to change your mind. If you are a consumer and you bought online, you have a legal right to change your mind.
b) When you can't change your mind. You can't change your mind about an order for our Services once these have been completed.
c) How to let us know. To let us know you want to change your mind, contact our Customer Service Team (please see clause 11(a)).
d) You have to pay for services you received before you change your mind. If you bought a service, we don't refund you for the time you were receiving it before you told us you'd changed your mind.
e) Where you have changed your mind part way through the provision of the Services. If you are a consumer and you change your mind following our collection of the Delivery Item, and before they have been delivered to the Recipient, we will arrange for the goods to be sent back to you. Packfleet reserves the right to charge additional fees in such instances at its sole discretion.
6
Your rights if you are a business customer
In supplying the Services, Packfleet shall:
a) use its reasonable endeavours to meet any, performance dates specified in the Booking Information and time shall not be of the essence for performance of the Services;
b) perform the Services with reasonable care and skill;
c) only use personnel who are suitably skilled and experienced to perform the tasks assigned to them;
d) use all reasonable endeavours to ensure that it obtains, and maintains all consents, licences and permissions (statutory, regulatory, contractual or otherwise) it may require and which are necessary to enable it to comply with its obligations under the Agreement; and
e) comply with all applicable laws, statutes, regulations and codes from time to time in force.
7
Our rights under this agreement
a) We can change these Terms and our Services. We can always change our Services to:
i) reflect changes in relevant laws and regulatory requirements; and
ii) make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Services.
b) Changes we can only make if we give you notice and an option to terminate. We may also make the changes to the product or these terms that do not fall under clause 7(a), but if we do so we'll notify you and you can then contact our Customer Service Team (please see clause 11(a)) to end the contract before the change takes effect.
c) We can suspend supply of the Services. We may suspend the supply of the Services and where we do so, you will have certain rights. We will let you know, and may adjust the price and/or allow you to terminate. We contact you in advance to tell you we're suspending supply unless the problem is urgent or an emergency. If we tell you we're going to suspend supply, you can contact our Customer Service Team (please see clause 11(a)) to end the contract. We do this to:
i) deal with technical problems or make minor technical changes;
ii) update the product to reflect changes in relevant laws and regulatory requirements; or
iii) make changes to the Services.
d) We can withdraw the Service. We can stop providing the Services. We let you know at least 5 days in advance and we refund any sums you've paid in advance for Services you won't receive.
e) We can end our contract with you We can end our contract with you for the Services and claim any compensation due to us if:
i) you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due; and
ii) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services.
8
Our liability to consumers
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
a) 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).
b) Caused by a delaying event outside our control. If our supply of the Services is delayed by an event outside our control, such as adverse weather conditions, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team (please see clause 11(a)) to end the contract.
d) Avoidable. Something you could have avoided by taking reasonable action.
e) A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited (see clause 9).
9
Our liability to businesses
If you're a business, then, except in respect of the losses described in clause 10):
a) 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
b) 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 the total sums paid by you for the relevant Delivery Item which is affected as specified in the applicable Booking Information.
c) No implied terms about Services. Except to the extent expressly stated in clause 6) we exclude all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982.
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Losses we never limit or exclude
Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
11
Resolving disputes with us
a) Our Complaints Policy. Our Customer Service Team can be contacted to deal with complaints you may have about the Services. You can contact them via email at hello@packfleet.com and they will do their best to resolve any problems you have with us or our Service.
b) Resolving disputes without going to court (Consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you have an issue in the first instance, please submit a complaint (see clause (6)(a)). If you are still unhappy, you can submit a complaint to the Centre for Effective Dispute Resolution through their website at http://www.cedr.com/idrs. If you're not satisfied with the outcome you can still go to court.
c) You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, 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. 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.
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Legal stuff and other general terms
a) We can transfer our contract with you at any time. Packfleet may assign or transfer our rights and obligations under these Terms at any time. We'll tell you in writing if this happens and ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us with our prior agreement.
b) Nobody else has any rights under these Terms. These Terms are between you 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.
c) If a court invalidates some of these Terms, the rest of them will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
d) 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 can't do it later.
e) How we will contact you. If we need to contact you, we will use the email address that you provided when you set up an account.
f) You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party of yours.
g) Intellectual property ownership. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. All images are protected by copyright laws and treaties around the world.
h) Technical or Typographical Errors on our Website. The Website and the Services could include technical inaccuracies or typographical errors. Packfleet shall have no liability in connection with any such inaccuracies or errors, nor shall Packfleet have any obligation to identify and/or correct any such inaccuracies or errors.
i) Links to Other Websites. If any links to third party websites are provided, (“Linked Websites”), Packfleet does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. Packfleet disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites.
j) Disclaimer of Third-Party Information. If any information or material on the Services is provided by third party content providers (“Third-Party Materials”), Packfleet has no editorial control or responsibility over such Third-Party Materials. Any opinions, statements, items, services or other Third-Party Materials are those of the applicable third party and we have no liability for such.
