Conditions of Carriage – March 2020
- Thank you for placing your order with send.dhlparcel.co.uk. By purchasing your order, you are agreeing to enter into a Contract with Us, where We will collect or deliver (or both) a parcel (or a collection of parcels) on your behalf. This means you will have responsibilities to Us and We will have responsibilities to you.
- The Contract consists of your order, Our Conditions of Carriage, and any documents which Our Conditions of Carriage or Our confirmation of your order might reference. These documents may be found at Our website send.dhlparcel.co.uk.
- It is important that before you commit to purchasing your Order, you fully understand your responsibilities to Us and Our responsibilities to you under the Contract because by purchasing your order, you are confirming to Us that you understand the Contract, and fully accept it.
- The Website is hosted by a third party, Parcel2Go.com Limited.
Parties to the Contract
1). We, Us, Our– DHL Parcel UK Limited, company number 00965783, whose registered office address is at 120 Buckingham Avenue, Slough, Berkshire SL1 4LZ (t/a send.dhlparcel); and
2). You – whose details are provided in your send.dhlparcel Account (or by you to our authorised agent)
1. What certain words mean
1.1 In these Conditions, certain words will have a special meaning. The words and their meanings are set out here for reference. When these certain words appear in the conditions of carriage, the words will have the corresponding meaning set out here:
means the label setting out the Delivery Address and other information needed by Us to
collect and deliver the Shipment;
means a third party authorised by us to offer Our Services on our behalf;
means items that are not suitable for transport in our network because they are delicate, or fragile, or can easily be damaged even despite good packaging. More details can be found on the Website, but examples can include items containing or made of: glass, china, ceramics, pottery, stoneware, fossils, works of art, paper/card, cake televisions whose screen size exceeds 37 inches. Please refer to the Website for more information;
means the address you have specified in your send.dhlparcel Account (“Your Address”), or such other address that you may specify in your order through the Website or through an authorised agent (“Third Party Address”);
means these terms and conditions (as may be amended by us from time to time);
means the order you place through the Website (or with an authorised agent), these Conditions and any documents referred to in the Conditions, provided to you by an authorised agent (if applicable), and/or the Website;
means either the HMRC, or their equivalent in relation to the Isle of Man, the Channel Islands or anywhere else in the world;
means any items that are classified as dangerous under the United Nations Recommendations on the Transport of Dangerous Goods, the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the International Civil Aviation Organisation Technical Instructions, the International Air Transport Association Dangerous Goods Regulations or any other national or international legislation, rules or guidance relating to the transport of dangerous goods by rail, road, air or sea, and any other items which We consider as dangerous to transport;
Means: a) the address on the Address Label to which delivery is to be made; b) such alternative address specified by the recipient of the Shipment (where applicable); or c) the location of Local Parcel Shop (where applicable);
means the additional options you have selected when making your order, which include for example: signature only service. Fuller details are available on the Website;
means for any or no reason at all;
means the purchasable options by which You can specify an increase on our liability if our default liability option is not sufficient to cover the worth of the Shipment;
means any items that are prone to decay or could deteriorate, rot, corrode, decompose or perish within a reasonably short period of time. An illustrative example could be fresh food produce such as fish, meat, cakes, vegetables.
means where You are able to add funds to your send.dhlparcel Account via the payment methods available on the Website;
means any items which we will not and cannot carry in any quantity whatsoever because doing so would be illegal either in the UK or any other country over which the Shipment travels. Items include by way of example, illicit drugs, medicines, radioactive material, firearms (even replicas, blank firing, imitations), explosives, munitions (even dummies, or otherwise deactivated), ), animals, animal parts, livestock, insects, tobacco or tobacco products;
means goods of a nature that it is Our policy not to carry, such as liquids, paints, acids or other corrosive liquids, inks (other than inkjet printer cartridges, food (other than cereal or other dried foods), flora, plants, vegetation, medicines, drugs, alcoholic beverages and such other goods that are published on our Website from time to time as ‘no compensation’ goods or similar.
means the account you set up in order to use send.dhlparcel services. For the avoidance of doubt, you do not need a send.dhlparcel Account if you are accessing our services through an authorised agent;
send.dhlparcel Website (or Website)
means the send.dhlparcel Website at send.dhlparcel.co.uk or such other web address as we may notify you from time to time;
means the specific service you have chosen for the Shipment when placing your order;
means the parcel or parcels to be collected and delivered by Us under the same Shipment Number;
means the reference number We will assign to your order when you place it through the Website (or through an authorised agent);
means any items that exceed the value of the highest band (as set out in clause 7.4 or 7.5 as applicable) or such other items that are irreplaceable or not easily replaced, or have sentimental value, or which could easily be used by persons other than You or the intended recipient. Examples include: precious metals, stones or gems, cashiers/travellers cheques, bearer instruments, stored value cards (including pre-loaded cards and top-up cards), credit/debit cards, important documents (passports, birth/marriage certificates, share certificates), stamps, antiques, unprotected furniture, artwork, jewellery, designer clothing and accessories (including watches, footwear, handbags). This is not an exhaustive list and further information can be found on the Website.
means either, the cost value of the item at which you purchased or manufactured it, or the open market value of the item (on a like for like basis, not new for old), whichever is the lowest.
means the vouchers or codes issued by Us which may be redeemed against your order so that the Price of your order is reduced.
2. Your send.dhlparcel Account
Please note that if you access our Service Options though means other than with a send.dhlparcel Account (e.g. through an authorised agent), then only clauses 2.16 and 2.17 below apply. If you use a send.dhlparcel Account, then the whole of this clause 2 applies.
2.1 You agree that you will only set up a single send.dhlparcel Account. As send.dhlparcel.co.uk is an automated system, the fact that the set up process has completed does not prevent Us from reviewing your send.dhlparcel Account at any time and, where We deem it appropriate, suspending or terminating in accordance with clause 2.21.
2.2 There are various ways in which You can use Our Services on the Website:
2.2.1. If you are not going to be a regular user of the Services, you can use the Services without creating a send.dhlparcel Account. Instead, you can purchase your Services as a guest user by using the guest checkout option. If You decide to use Our Services as a guest user, You will not have access to the ‘My Account’ area that a send.dhlparcel Account holder will. This area contains, amongst other things, order history, Pre-Pay, Quick Send, other details, and address book.
2.2.2. You can however create a send.dhlparcel Account by registering your details with Us by completing the relevant fields when creating a send.dhlparcel Account on the Website.
2.2.3. To make the set up process easier and more customer friendly, you can create a send.dhlparcel Account using your Google, Facebook, or Amazon credentials.
2.3 By setting up a send.dhlparcel Account, it is your responsibility to make sure that the information you submit is true and accurate.
2.4 If you create a send.dhlparcel Account and do not make any orders or log in to it for a period of 2 years, or you do not login to your send.dhlparcel Account for a period of 2 years since your last log in, We will automatically close Your send.dhlparcel Account and all related data will be deleted provided We give you 30 days’ prior written notice via your registered email address.
2.5 If You wish, You can integrate Your send.dhlparcel Account with the following marketplace integrations: a) eBay, b) ETSY, c) Shopify, d) EKM, e) Magento, f) Presta Shop, g) Woo Commerce, h) Big Commerce, i) Squarespace, and (j) CSV upload. This enables automatic population of any sold items meaning it may speed up Your booking process.
2.6 If You forget your password, you can request Us to reset your password via email. We will email you a link to reset your password.
2.7 If You ever wish to edit your details on your send.dhlparcel Account, you can edit certain details, including phone numbers and addresses. You cannot edit your email address that was used to set up your send.dhlparcel Account.
2.8 As this is a fully automated system, You must ensure You read and fully understand what you can and cannot send through Our network because once a Shipment has been collected or delivered, You cannot rely on the fact that the Shipment was collected as a defence if such Shipment is lost, damaged or delayed because due to the nature of the Services, the drivers and Us do not know the contents of the Shipments and if such contents are not allowed to be within Our network. This responsibility is placed fully with You.
2.9 You can request a refund by contacting Our Customer Services Department on Our Website here at https://send.dhlparcel.co.uk/parcel-services/help. You will need to include: a) Your Shipment Number; b) the email address You used to make the booking; and c) make a refund request within 28 days of the placement of the order.
2.10. Refunds will be given at Our discretion and in accordance with the Service Option made available to you at the time of payment. Where appropriate, refunds will be made back to the original payment method or added into Your PrePay Account. Refunds can only be processed to the contracted party who booked the order. No refunds are offered for consequential losses.
2.11. Refunds are not provided on any additional extended cover purchased by You.
2.12. You may pay for your order using the following options that We may choose to make available to you as set out below:
You may use a valid credit or debit card or an online payment method that is a) in your name, and b) accepted by Us, to purchase your order. In case of any refunds, We will credit the card or online payment method that has been used to purchase your order.
All card payments will be managed by Braintree, via Parcel2Go.com Limited. This allows Us to take credit and debit card payments as well as provide Google Pay, PayPal, Apple Pay and Amazon Pay payment options.
Once funds have been added to your PrePay Account, You can then spend such funds as a payment method on future purchases on the Services. Adding funds is deemed as a pre-payment for Services to be ordered from Us and can be used at any time (PrePay). Any Funds You add into the PrePay Account will be shown in the PrePay section of Your send.dhlparcel Account. When You complete an order, Our systems will check your PrePay Account first and payment will be taken from here if it is in credit. Should you proceed to use PrePay as the payment method for such Order, the charges for the Order will be deducted from Your PrePay Account
2.12.2 Pre-pay incentives
You may establish a credit balance with Us by making advance payments sufficient to pay the Charges prior to purchasing your Order by using a valid credit or debit card or online payment method that is a) in your name, and b) accepted by Us. You can from time to time make such additional payments as you wish to maintain a credit balance to be used for the purchasing of orders.
2.13. We will not be obliged to carry out your order until it has been paid for.
2.14. If you add money into your PrePay Account, You could be eligible for receiving an additional amount into your send.dhlparcel Account from Us (“PrePay Incentive”). The minimum amount You must add to your send.dhlparcel Account to be eligible for the PrePay Incentive is £20 in a single transaction. Once the funds have been transferred into Your send.dhl Account, You will receive 3% of such funds into Your PrePay Account. For example, if You add £20 into Your PrePay Account, You will be entitled to receive £0.60 as a PrePay Incentive.
2.14.1 If You are eligible to receive a PrePay Incentive, the money that has been added by Us will be allocated last. For example, if You added £100 into your send.dhlparcel Account, and We put an additional £3 into your send.dhlparcel Account, the £100 will be used first when you use Our PrePay Service. Once You have depleted the £100 from your send.dhlparcel Account, You will then be eligible to use the £3 added by Us.
2.14.2 The amount We add to Your send.dhlparcel Account is non-withdrawable. You can only use the PrePay Incentive for the send.dhlparcel Service.
2.14.3 If You have received a PrePayment Incentive, You cannot simply add money into your send.dhlparcel Account for the purposes of receiving the PrePay Incentive, and then withdrawing your amount to keep the PrePay Incentive. If this occurs, the PrePay Incentive will be removed from your send.dhlparcel Account and if it is not, and You use the PrePay Incentive, this will deemed to be a breach of contract and We will pursue You accordingly to recover the amount.
2.14.4 If You do not spend the PrePay Incentive, or any of your monies that is in Your send.dhlparcel Account within a period of 2 years from when it is first input into Your send.dhlparcel Account, then this will automatically be removed by Us and You agree to forego such amount.
2.14.5 We reserve the right to withdraw the PrePay Incentive at any time without notice to You and we further reserve the right to increase or decrease the percentage of the PrePay Incentive without any notice to You.
2.15 If You spend a certain amount with the send.dhlparcel Services, in one month (from the 1st day of the month to the last day of the month), You may be entitled to receive funds into Your PrePay send.dhlparcel Account. Please see below for the monthly spend required by You in order to receive the additional funds into Your send.dhlparcel Account:
(i) If You spend £3,000 or more per month, You will be entitled to receive £50 into Your send.dhlparcel Account;
(ii) If You spend between £2,000 and £2999.99 per month, You will be entitled to receive £30 into Your send.dhlparcel Account;
(iii) If You spend between £1,000 and £1,999.99 per month, You will be entitled to receive £15 into Your send.dhlparcel Account;
(iv) If You spend between £500 and £999.99 per month, You will be entitled to receive £10 into Your send.dhlparcel Account; and
(v) If You spend between £200 and £499.99 per month, You will be entitled to receive £5 into Your send.dhlparcel Account.
2.16 The Charges applicable to your Order are calculated taking into account:
2.16.1 the Service Option, Liability Options and Extras you have selected;
2.16.2 that the Charges are inclusive of VAT (unless otherwise stated), which if chargeable, will be payable by you;
2.16.3 that the Charges will be based on the greater of a) the declared weight, b) actual weight, or c) volumetric weight of your Shipment;
2.16.4 any surcharges which may be applicable (for example, if the Shipment is actually heavier and or larger than the Service Option you have chosen allows, and it is necessary to levy a surcharge equivalent to the difference between the Service Option that the Shipment ought to be used and the Service Option actually chosen by you.);
2.16.5 any additional Charges that may be applicable because your Shipment actually does not fit into any of the Service Option or because there are additional charges applicable due to the Service Option selected by You. For example, if your Shipment is heaver and/or larger than Our largest Service Option, We may charge additional amounts which reflect the extent to which your Shipment exceeds Our largest Service Option.
2.16.6 Any reasonable additional charge to cover Our administrative costs in having to calculate surcharges due to the incorrect Service Option being chosen by you.
2.17 RETURN OF THE SHIPMENT (IN CASE OF NON-DELIVERY) IS NOT INCLUDED IN THE CHARGES. You are paying for one-way passage for the Shipment and one free re-delivery attempt if the initial attempt to deliver fails. You agree that you will be responsible for the cost a) subsequent re-delivery attempts that you ask Us to make, or b) for the Shipment to be returned to you if it has not been delivered. We will notify you (where this is reasonably possible) of the cost in advance of returning the Shipment to allow you the opportunity to decide whether you want to pay the cost, or collect the Shipment yourself.
2.18 We may, from time to time, issue Voucher Codes in order to allow Our loyal customers to benefit from a lower price when they apply them to their orders. All of Our Vouchers are subject to the rules set out below and any specific rules set out in the email accompanying the Voucher Code itself if applicable:
2.18.1 Voucher Codes have no real cash value. Any reference to asum or a percentage relates only to the sum or percentage We will discount from the order you are redeeming the Voucher Code;
2.18.2 Voucher Codes can only be redeemed when placing an order with Us for the send.dhlparcel Service;
2.18.3 Voucher Codes cannot be partly redeemed. If for example, you use a £10.00 Voucher Code against a £5.00 transaction, you will be deemed to have redeemed the whole Voucher. As the Voucher Code has no cash value, you are not entitled to cash the remainder value of the Voucher Code, nor a new Voucher Code of a value equivalent to the remainder.
2.18.4 All Voucher Codes must be used within 3 months of issue unless the Voucher Code expressly states otherwise.
2.18.5 All Voucher Codes are discretionary. They are freely issued by Us and may be freely withdrawn by Us. We reserve the right to withdraw Voucher a Codes at any time and without warning or notification. For the avoidance of doubt, We may also withdraw or refuse to issue any Voucher Codes issued to you where We have reasonable grounds to suspect that you are abusing the purpose of the Vouches Codes, including without limitation, withdrawing and/or adding funds to your PrePay Account simply for the purpose of obtaining Voucher.
2.19 If you do decide to redeem a Voucher Code against an order, it is your responsibility to make sure that the Voucher Code is valid before you redeem it.
2.20 For Our gold and silver customers, We offer a rewards program. If You send a certain number of Shipments through our network, You may be given a voucher code (or an amount added back to your PrePay Account in accordance with clause 2.14 which You can use on your next order with Us. For more details, please refer to the Website. Click here to see how you can become a gold and silver customer.
Closing your send.dhlparcel Account
2.21 We reserve the right to and may suspend or close your send.dhlparcel Account where:
2.21.1 you have failed to comply with your responsibilities under the Contract or these Conditions; or
2.21.2 you have used information that is in any way inaccurate or untrue; or
2.21.3 you have, in Our reasonable opinion, misused the send.dhlparcel Account (including without limitation, manipulation of the credit balance in our send.dhlparcel Account for the purposes of obtaining Voucher Codes to pay for transactions; or
2.21.4 We discover that you have opened an send.dhlparcel Account before which was suspended or terminated by Us for reasons set out in clauses 2.21.1 to 2.21.3 or for which permission was not sought from us in accordance with clause 2.22; or
2.21.5 There has been no activity in your send.dhlparcel Account for 24 months; or
2.21.6 you have requested that We close your send.dhlparcel account For Convenience; or
2.21.7 We have given you 30 days’ notice to close your send.dhlparcel account For Convenience.
2.22 Where We have previously terminated an send.dhlparcel Account you have set up for the reasons set out in clause 2.21 but you wish for Us to consider your application to set up an send.dhlparcel Account, you should contact Us and obtain Our written consent before setting up your send.dhlparcel Account.
2.23 Where your send.dhlparcel Account is closed for whatever reason, and you have a credit balance with Us because you have used the prepayment option to pay for orders, We will credit the debit or credit card or online payment method you used to make payment into to the prepayment account less any amounts that are outstanding to Us.
3. Your Responsibilities to Us
3.1 Set out below are your responsibilities to Us under the Contract. It is very important that you take your responsibilities seriously and comply with them. If you fail to comply with your responsibilities, there will be consequences as set out at clause 3.5.
3.2 You are confirming by entering into the Contract that:
3.2.1 all of the details on your Account Signup Form are completely true and accurate;
3.2.2 you are at least 17 years old and if you are accessing Our Service Options through a send.dhlparcel Account, that you are the person named in the send.dhlparcel Account;
3.2.3 you are the owner of the Shipment and its contents, or you have the owner’s permission to enter into this Contract;
3.2.4 that you have read and fully understood the terms of the Contract, including these Conditions; and
3.2.5 you are aware of the value of your Shipment and are happy that the value of the Shipment is within the liability option you have selected. IT IS CRITICAL THAT YOU CHOOSE THE LIABILITY OPTION THAT COVERS THE VALUE OF YOUR SHIPMENT BEFORE YOU COMMIT TO PURCHASING YOUR ORDER. IF YOU DO NOT CHOOSE THE APPROPRIATE LIABILITY OPTION, YOU WILL BE DEEMED TO HAVE ACCEPTED THE RISK THAT YOU MIGHT NOT GET THE VALUE OF YOUR SHIPMENT BACK.
3.3 By purchasing your order, you are confirming to Us that:
3.3.1 any information you give to Us relating to your Shipment such as (but not limited to): a) the recipient’s details; b) the Collection address, c) the Delivery address, d) description of the contents of your Shipment, e) dimensions and weight of your Shipment, and d) information required for Customs purposes (if you are sending the Shipment overseas), is true and correct;
3.3.2 the proper Delivery Address Labels have been stuck properly on the Shipment in a place where it can easily be machine read.
3.3.3 your Shipment and its contents do not break any Laws;
3.3.4 your Shipment fully complies with the Service Option you have selected and the terms of this Contract. This includes making sure that your Shipment fits within the dimension and weight restrictions of the selected service. If your Shipment is larger and/or heavier than Our largest Service Option, you should contact Us and We can give you a quote for your Shipment;
3.3.5 your Shipment and its contents are safe for Us to handle and is properly packaged to protect it against drops, falls, and shunts. This is because We operate an automated system and collision with other parcels can happen. Poorly packaged Shipments can easily be damaged in an automated system. Even if you use Us to collect a Shipment on your behalf to deliver to you, it is your responsibility to make sure that in your contract with the sender that your Shipment is properly packaged and conforms with all of your responsibilities you have agreed to in this clause 3; and
3.3.6 your Shipment does not contain any of the following:
220.127.116.11 Breakable Goods;
18.104.22.168 Valuable Goods;
22.214.171.124 Prohibited Goods;
126.96.36.199 Dangerous Goods;
188.8.131.52 Perishable goods ;
184.108.40.206 Restricted Goods; or
220.127.116.11 Any item or items worth more than the highest amount stated in clause 7 as applicable, or which otherwise exceeds the maximum value of any purchased liability limit (where applicable).
You understand and accept that Our services are not designed to transport Shipments containing any of the above items and in the case of Prohibited Goods, it is illegal for Us to carry them. You must not send any Shipments containing items of the nature above.
The consequences on you if you fail to comply with clauses 3.2 and 3.3
3.4 You agree and accept that We cannot check every single Shipment so the fact that We have collected your Shipment does not mean that you are excused from your responsibilities. The consequences of your failure to comply with clauses 3.2 and 3.3 are set out below.
3.5 If at any time after We have collected the Shipment from you it is discovered that you have failed to fulfil your responsibilities to us, then you agree that:
3.5.1 Our carrying of that Shipment will be completely at your risk and We (including Our authorised agents) will not be responsible for any loss of or damage or delay to that Shipment;
3.5.2 you will be responsible for paying to Us any and all costs We may incur as a result of your failure to comply with your responsibilities. These may include but not limited to: clean-up costs, additional charges levied on Us by Our agents, or Our partners, and customs charges (if you are sending overseas); and
3.5.3 where your Shipment is found to exceed the weight and dimensions restrictions of the Service Option you have chosen, you agree that the Shipment should be carried and charged in accordance with the correct Service Option. We can hold your Shipment until you (or if the Shipment has already been delivered, You must still be required to):
18.104.22.168 pay the difference between the Service Option you chose, and the Service Option that your Shipment actually complies with; or
22.214.171.124 if a Service Option is not available because you have chosen the largest Service Option and your Shipment still exceeds the weight and size directions of that Service Option, you agree to pay Our additional charges which We will calculate for you if you choose this option; or
126.96.36.199 collect Your Shipment yourself from the depot it has been held at, which could be any one of Our depots depending on when your Shipment was found to have not complied with the Service Option you chose;
if you do nothing, We will hold your Shipment for 6 weeks and We will give you a last chance to choose an option. If you refuse to choose an option, then you accept that you have simply abandoned your Shipment and We will dispose of it in whatever manner We think is appropriate, including selling it to cover Our costs.
4. The send.dhlparcel Service
4.1 By purchasing your order, We will collect your Shipment from the Collection Address and We will deliver it to the Delivery Address according to the Service Option you have chosen and these Conditions.
Independent third party service providers
4.2 We use third parties who are independent of Us to carry out collections and deliveries such as independent subcontractor drivers, who are businesses in their own right. In addition, We may use larger companies in the collection and delivery of your Shipment where this is reasonably necessary, such as if your Shipment needs to be transported over water, by air, or by railway. Independent third parties are responsible for their own actions and if anything goes wrong with your order that was caused by a third party service provider, We will help you identify the independent third party responsible.
4.3 We do not carry Shipments containing items listed in clause 3.3.6. This is why it is your responsibility to make sure that your Shipment does not contain such goods or items.
4.4 We do not want to carry Shipments containing items that are inadequately packaged. As you know what the item is, you are in a better position than Us to adequately package the item (see Clause 3.3.5).
4.5 We do not want to carry Shipments that do not fit into Our Service Options. This is why it is your responsibility to make sure that your Shipment fits into the Service Option you have chosen.
4.6 Irrespective of whether you use the send.dhlparcel Service domestically or internationally, you acknowledge that We do not deliver to individual PO Boxes (whether Royal Mail, British Forces Post Office, non-manned addresses (if international), or otherwise). It is your responsibility to ensure that the Delivery Address is not a PO Box (or equivalent).
4.7 Any advice (for example an estimated time of delivery via text or email) We might send to you or your recipient is indicative only and does not represent a firm commitment to deliver within the indicated period. We will use Our reasonable efforts to deliver within the period but the advice is solely intended to be helpful and the actual time could be dependent on many factors, such as traffic.
4.8 We do not notify you of the delivery progress of your Shipment (only delivery confirmation subject to you providing Us with an email address). You acknowledge that it is your responsibility to log onto the Website to check on the status of the Shipment yourself.
4.9 It is your responsibility to make sure that you have properly packaged and labelled your Shipment and that it is safe to be collected by Us (see clause 3.3.5).
4.10 If you request Us to collect your parcel, the maximum weight of the parcel cannot exceed 25 kilograms. There may be dimension restrictions that apply but please refer to the Website for more details.
4.11 We cannot check every single Shipment at the point of collection due to time constraints. The fact that We have collected your Shipment does not mean that you have complied with your responsibilities under Our Contract or these Conditions nor prevent you from the consequences of any failure on your part to comply with your responsibilities.
4.12 If You do not want Us to collect your parcel, You can drop your parcel off to one of Our depots or to a ServicePoint. Please note, if you drop your parcel to a ServicePoint, the maximum weight of the parcel cannot exceed 20 kilograms. There may be dimension restrictions that apply but please refer to the Website for more details.
4.13 You agree that it is up to Us to decide the route through which your Shipment will be delivered.
4.14 For the purposes of this Contract, transit will begin when We collect your Shipment and will end in one of the following ways:
4.14.1 We have delivered the Shipment to the Delivery Address;
4.14.2 We have, in accordance with your instructions, left the Shipment at the Delivery Address because no-one was present to take delivery;
4.14.3 Provided we have the contact details to do so, 5 days after the date We have told you of the non-delivery of your Shipment and asking for your further instructions, at which point, the Shipment and what happens to it afterwards will not be Our responsibility.
4.15 We will deliver yourShipment to the Delivery Address subject to the following:
4.15.1 where the Delivery Address has a central delivery area for post and parcels (such as, for example, a block of apartments/flats, or a workplace), We will deliver to that central area;
4.15.2 We will (if We feel it is reasonable to do so) leave your Shipment at the Delivery Address; alternatively, We may deliver your Shipment to a nearby address (i.e. a neighbouring address or ServicePoint). Please note, if you have purchased through our Authorised Agent or have chosen a signature mandatory service, a signature will be obtained and this clause will not apply unless it is not possible to obtain a signature (e.g. because no-one was present to receive the Shipment), in which case We may deliver the Shipment to a nearby ServicePoint or otherwise hold the Shipment pending instruction from you or the recipient.
4.15.3 We are not obliged to deliver to the person named as the recipient in the contract. Delivery is completed when We arrive at the Delivery Address or a nearby address (if this applies).
4.15.4 We are not responsible where a person at the Delivery Address represents to Us that they are authorised to accept delivery of your Shipment, or where there is no reasonable ground to suspect that that person has no authorisation to accept delivery. This is because We cannot be expected to know whether a person has authority or not.
4.16 You agree that Our records will be definitive evidence of delivery of your Shipment. Where you have chosen a signature mandatory service, We will use Our reasonable efforts to provide you with a copy of the signature of the person who took delivery of your Shipment which will be treated as supplementary evidence to Our records.
International Shipments – additional terms
4.17 This section only applies if your Shipment is to be delivered to an international destination covered by the send.dhlparcel Service.
4.18 These Conditions still apply to your Shipment, together with the additional clauses in this section.
4.19 You accept that in addition to the Contract and these Conditions:
4.19.1 Your Shipment will be subject to security screening, which could include (without limitation) x-ray scanning, manual opening and inspection, customs searches, etc.
4.19.2 The Convention on the Contract for the International Carriage of Goods by Road, the Convention for the Unification of Certain Rules Relating to the International Carriage by Air, and the Warsaw Convention may apply to your Shipment. IF ANY SUCH CONVENTIONS APPLY, THE RELEVANT CONVENTION WILL APPLY WHERE THERE IS A CONFLICT BETWEEN THE TERMS IN THE CONVENTION AND THESE CONDITIONS. OUR LIABILITY FOR LOSS AND DAMAGE WILL BE GOVERNED BY THE RELEVANT CONVENTION.
4.19.3 Where you are exporting items contained in your Shipment, you must, before We attempt to deliver your Shipment, supply correct and complete carriage documentation to enable your Shipment to pass through Customs. We will not be responsible for any delays or detention of your Shipment by customs as a result of your failure to comply with your legal responsibilities.
4.19.4 You agree that if We suffer any monetary loss (such as fines, costs, losses, claims from HMRC or other customs agencies), you will reimburse Us in full for Our monetary loss.
4.19.5 If, at any time in the delivery process, We discover that your Shipment is unsuitable, or you have failed to comply with any or all of your responsibilities, We reserve the right to:
188.8.131.52 hold the Shipment pending corrective action by you to render the Shipment suitable for international transportation; or
184.108.40.206 return the Shipment to you at your cost, risk and expense, which may include a reasonable administration charge to cover Our expense arising from having to deal with the additional work arising from either your failure to comply with your responsibilities, the unsuitability of the Shipment for international transport, or any failure by the recipient to accept delivery of the Shipment. THESE CHARGES COULD BE IN EXCESS OF WHAT YOU INITIALLY PAID SO IT IS CRITICALLY IMPORTANT THAT YOU MAKE SURE YOU COMPLY WITH THE REQUIREMENTS IN THE CONTRACT, THESE CONDITIONS AND THE SERVICE OPTION TO AVOID BEING LIABLE FOR THEM.
4.20 If and when the United Kingdom leaves the European Union, there may be additional customs regulations that You may need to comply with. All relevant fields that require to be completed will be in the booking process.
4.20.1 You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.uk/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect community code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
Warning – please read carefully
4.21 We use third party agents to deliver to both domestic and international destinations and if they cannot complete delivery, they will return the Shipment and levy a surcharge. If We, or Our third party cannot deliver because of something you did, did not do, forgot to do, or otherwise the recipient did not accept delivery for whatever reason, then you agree that you should be responsible for the surcharge levied by the third party if you want to recover your Shipment. Please note that the surcharge relating to the return of your Shipment is likely to be more than what you initially paid. It is critically important that you ensure that delivery can be completed.
4.22 If you do not want to pay the surcharge or are otherwise not concerned about recovering your Shipment, We may treat your Shipment as an unclaimed Shipment and sell your Shipment and apply the proceeds against any surcharge. We will return any excess to you.
5. What happens if your Shipment is damaged or lost
5.1 Try as We may, it is unfortunately impossible to deliver 100% of Shipments perfectly 100% of the time. Accordingly, there may some occasions where your Shipment may be damaged or lost from the time We have collected it until the point that transit ends. This section deals with what happens if your Shipment is damaged or lost.
5.2 We are only responsible for the loss or damage to your Shipment where:
5.2.1 the loss or damage resulted from something We did, or ought reasonably to have done; and
5.2.2 arises between the point We collect your Shipment (or dropped off with Our Authorised Agent) and the point We deliver your Shipment.
For the avoidance of doubt, you agree that delivery is completed where We either:
5.2.3 obtain a signature from a person at the delivery address (or nearby address where applicable), or
5.2.4 elect, in accordance with clause 5.3, to leave the Shipment at the delivery address (or nearby address where applicable).
5.3 Where you have not chosen a signature option, We may leave the Shipment at the delivery address (in a location at our sole discretion unless otherwise agreed) and you further agree that delivery of the Shipment shall be complete. Consequently We are not liable to you for any loss or damage to the Shipment which arises subsequent to delivery.
5.4 Whether your Shipment is lost or damaged, you must report it to Us as soon as possible. For damaged Shipments, you must report the damage within 14 calendar days of the date of the delivery (or due date in case of loss) which will be Day 1 to aid in calculating the 14 calendar day period.
5.5 We will then send you out a form, which you must fill in accurately and completely and return to Us within 28 calendar days of Our sending out the form. We may ask to inspect the packaging and the item (where it has been damaged) so it is imperative not to dispose of the packaging until We agree in writing it is safe to do so, or see evidence of the Value of the Item in order to help Us investigate your claim. If Your item is a second hand item or You do not have the original invoice to establish the Value, We will look at the exact same item in the marketplace, and if we cannot find the exact same item, We will look at similar items, and compare the Value of 3 similar items and pay You the average cost of those 3 items if it established that We are at fault in accordance with clause 5.8.
5.6 In relation to international deliveries, We may also require a declaration from the recipient confirming that your Shipment was damaged or lost, and in case of damage, photographic evidence of the damage in lieu of inspecting the Shipment for ourselves.
5.7 You agree that failure to either report the loss or damage to your Shipment or return the form to Us within the timescales provided in the clauses above will be deemed as a waiver of your entitlement to compensation. This is because in cases of loss or damage, We need to get information as quickly as possible to help Us investigate. The longer you leave it the more impossible it is to investigate the loss or damage. Where you contract with Us as a Consumer, nothing in clauses 5.1 to 5.6 is intended to affect your statutory rights.
5.8 Where you have reported the loss or damage to Us in time, and you have also returned to Us the form within the requested period, We will investigate the matter and then contact you to say either:
5.8.1 We have investigated the loss/damage and have concluded that it is not Our fault; or
5.8.2 We have investigated the loss/damage, concluded that it is Our fault and specify a sum to settle the matter. If the items contained with the Shipment are damaged and We pay You a sum to settle the matter, You agree to provide us with the damaged item within a reasonable period of time and that damaged item will then become Ours. If You do not provide the item to Us and give up ownership of it, We will not pay the full amount to You.
5.9 Where We have written to you to admit fault, the payment We will specify to settle your claim is based on the liability option you selected. FOR THIS REASON IT IS OF CRITICAL IMPORTANCE THAT YOU SELECT THE MOST APPROPRIATE LIABILITY OPTION BEFORE COMMITTING TO PURCHASE YOUR ORDER BECAUSE IF YOU DON’T, YOU COULD FIND THAT THE LIABILITY OPTION PAYMENT DOES NOT COVER THE VALUE OF YOUR SHIPMENT. If the decision is made to pay your claim, We will not refund you the cost of the extended liability cover, but We will provide you with a full or partial refund in relation to the cost of carriage
5.10 If you do not agree with Our decision you may write to Us with your reasons. Where there are valid reasons for disagreeing with us, We will reconsider Our decision. However, you accept that after reconsideration, We may either amend Our original decision, or stand by it.
6. What happens if We collect or deliver your Shipment late
6.1 All timescales in the Service Options are illustrative and do not represent a commitment by Us to collect or deliver your Shipment by a particular time or date. We will use our reasonable efforts to collect or deliver your Shipment within the illustrative timescale (which means We could collect or deliver earlier or later than indicated), but Our failure to deliver the Shipment by the end of the illustrative time or date does not mean you can cancel the Contract. Instead, We will discount your Charges in relation to Our Late Delivery Scale, or if you prefer, upgrade the Service Option to the fastest available to deliver the Shipment as soon as possible. For the avoidance of doubt, the Late Delivery Scale means the scale published (and amended from time to time) by Us on the Website setting out how the charges will be refunded in the event of delay in the delivery of a Shipment.
7.1 YOU ARE STRONGLY ENCOURAGED TO CONSIDER THE EXTENDED LIABILITY OPTIONS SET OUT BELOW IN THIS CLAUSE 7 IF THE VALUE OF YOUR SHIPMENT EXCEEDS THE LIMIT SET OUT IN CLAUSE 7.
7.2 Liability options may be changed by Us from time to time. You must check the liability options before you commit to purchase your order.
7.3 The default liability option is £25.00 on a single domestic Shipment and £50 on a single International Shipment. This is because the vast majority of Shipments are of low value and £25.00 is a reasonable limit of liability. This means that if We are at fault, We will pay to you the value of your Shipment up to a limit of £25.00 on a single domestic Shipment or £50 on a single International Shipment.
7.4 If you feel that the default liability option is not sufficient to cover the value of your Consignment, you may, for a charge, purchase an extended liability option.
7.5 The extended liability options are based on the value of your parcel up to a maximum of £1000, depending on the send.dhlparcel Service you select.
7.6 It costs 5 pence to cover one pound’s worth of extended liability cover. For example, if the value of Your parcel was £100, it would cost You £3.75 to purchase extended liability cover to cover the remaining £75 contents worth of your parcel as £25 is included as standard on all domestic orders. £50 cover is included on all international shipments which would mean the additional cover for a £100 parcel would be £2.50.
7.7 The Website will automatically provide you with the correct charge for extended liability cover when you add the total value of your parcel in the booking process. It is then Your responsibility to ensure You want to purchase this extended liability cover. If you do not, then you will have agreed to the standard liability cover of £25 or £50 that comes included with each parcel. If the parcel becomes lost or damaged and it is established that it is Our fault, then your sole remedy will be to receive up to the standard liability cover, unless you purchase extended liability cover.
7.8 You agree and acknowledge that We will not pay You more than the value of the default liability option or where you have purchased an extended liability option, the liability limit of the selected band (as set out in clause 7.6 or 7.7 as applicable) for any Shipment. Under no circumstances will Our liability to you for loss or damage to a Shipment exceed £1000 for domestic and DHL Worldwide Air and Road Economy Services. Under no circumstances will Our liability to you for loss or damage to a Shipment exceed £500 for DHL Parcel Connect and DHL Parcel International Services regardless of the value of the contents of the parcel.
7.9 IT IS YOUR RESPONSIBILITY NOT TO SEND ANY ITEM USING THE SEND.DHLPARCEL SERVICE THAT IS WORTH MORE THAN THE MAXIMUM LIMIT OF LIABILITY AND TO CHOOSE THE CORRECT LIABILITY OPTION BAND TO COVER THE VALUE OF YOUR SHIPMENT OR YOU WILL BE DEEMED TO PREFER AVOID PAYING THE CHARGE AND HAVE ACCEPTED THE RISK THAT YOU MAY NOT RECEIVE THE VALUE OF YOUR SHIPMENT.
7.10 Choosing a liability option (whether you have paid for one or not) does not mean that We will become liable if you do not comply with your responsibilities under the Contract and these Conditions (see clause 3). For example, if your Shipment contains any items which We have warned you are prohibited or not covered under any circumstances We do not want to carry or items which you have confirmed to Us that your Shipment doesn’t contain (see clause 3.3.6), We will not refund the charge you paid for the liability option and we will not be liable to you for anything else.
7.11 Neither Us nor our authorised agents will be liable to you for any economic loss (which includes loss of profits, loss of business, loss of use, loss of revenue, loss of market, goodwill or other like losses) irrespective of whether the losses are direct or indirect. Neither Us nor our authorised agents will be liable to you for any losses that We could not reasonably be expected to know about at the time that the contract was made. However, We will be liable for any direct loss for the shipment value only. you incur to the extent that it results from Our breach in accordance with the limits of liability in line with the Liability Option you have chosen.
7.12 Nothing in this clause limits Our liability to you in respect of personal injury, death, fraud (including fraudulent misrepresentation) resulting from Our negligence, or any liability which at law cannot be limited or excluded.
7.13 Neither of us are liable to the other in the event of any loss of, or damage or delay to Shipments arising from events which arise from or are connected to causes beyond our reasonable control including without limitation: Acts of God; delay or cancellation of shipments, ferries, flights, railway or other transport; failure of a recipient to accept delivery of a Shipment; delays in or refusal of securing customs clearance; acts of government or other authorities; war; riot; civil commotion; malicious damage to property; blockades; strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party); compliance with any law or governmental order, rule, regulation or direction, seizure under legal process; national emergencies; fire, flood, tempest, storm or other weather conditions making performance of our obligations impracticable; accident; breakdown of plant or machinery; default of suppliers (including, without limitation, fuel) or sub-contractors.
7.14 WHERE YOU CONTRACT AS A CONSUMER, NOTHING IN THIS CLAUSE 7IS INTENDED TO AFFECT YOUR STATUTORY RIGHTS.
8. Unclaimed Shipments
8.1 You acknowledge that We are not able to keep Unclaimed Shipments for an indefinite amount of time because We simply do not have the storage facilities.
8.2 For Unclaimed Shipments where it is possible to identify the owner, We will write to the owner to say that We have the Unclaimed Shipment and give the opportunity to collect the Unclaimed Shipment or arrange for it to be delivered within the time stated in the written communication.
8.3 Where Unclaimed Shipments remain uncollected after the sender or recipient has been written to, or where it is not reasonably possible to identify the sender or the recipient, You agree that We are able to sell or dispose of Unclaimed Shipments at Our sole discretion at any time after they have spent six weeks or more in Our retained property store facility.
8.4 If, subsequently, it is discovered by Us that you were the owner of an Unclaimed Shipment, We will return to you the proceeds of sale if We sold the Unclaimed Shipment but We will be entitled to deduct from those proceeds, Our reasonable expenses and the return of such proceeds will discharge all responsibility We may have to you in relation to the Unclaimed Shipment.
9. Ending the Contract
9.1 You can cancel your order at any time before We arrive to collect your Shipment (either from You, the recipient, or from Our Authorised Agent). Once your Shipment has been collected, the Contract cannot be ended until:
9.1.1 your Shipment has been delivered; or
9.1.2 transit has ended; or
9.1.3 We have terminated the Contract.
9.2 If you insist on cancelling the Contract after We have collected your Shipment, We will try to reasonably accommodate your request, but you understand that: a) We cannot guarantee that We can stop the process once it has started, and b) you will be responsible for Our costs up to the point the Contract was terminated and Our costs in returning your Shipment to you, which will also include surcharges levied by third parties for the return of your Shipment.
9.3 We may terminate the Contract if:
9.3.1 you fail to comply with any of your responsibilities set out in clause 3;
9.3.2 We reasonably consider that your Shipment is unsuitable for the send.dhlparcel Service; and
9.3.3 a third party has refused to carry your Shipment.
9.4 Irrespective of whether the Contract has been ended or the send.dhlparcel Account has been closed, the rights and remedies (both yours and Ours) are not affected and continue to accrue up to the point that the Contract or send.dhlparcel Account was terminated.
10. Contacting Us
10.1 Should you wish to contact Us regarding any credit queries regarding your send.dhlparcel Account, you can do so by telephone on 02476 937770.
10.2 For all other queries you may contact Us through the methods available on the Website or alternatively by writing to Us at Customer Care Centre, send.dhlparcel.co.uk, DHL Parcel UK Limited, Milton Keynes, 340 Atkinson Way, Milton Keynes MK17 8FF.
10.3 Any complaint regarding send.dhlparcel should be sent either via our contact form on the Website or in writing to the address above in clause 10.2. Upon receipt we will endeavour to respond within one working day for complaints sent via our contact form and 3 working days for complaints sent in writing.
10.4 It is our intention to resolve all complaints but where we are unable to settle the complaint in accordance with the Alternative Dispute Resolution for Consumer Disputes Regulations 2015, a list of approved ADR (Alternative Dispute Resolution) organisations is available from the EU Online Dispute Resolution Platform at: http://ec.europa.eu/consumers/odr/.
11.1 You agree, as send.dhlparcel.co.uk is an online service, that email is an appropriate medium through which all formal communications between the parties about these Conditions should be sent. If you wish to serve us with any formal communications, including notifications, you will send them to [email protected] If we need to serve any formal communication, including notices, on You, we will use the email address you specified in your account set-up form, or such other email address that we have in our records for You.
11.2 Communications will be deemed to be received on the same business day if we receive or send the email before 4.00pm on that day. For emails received or sent by us after 4.00pm, such communications will be deemed to be received on the following business day.
12. Data Protection
12.1 In relation to any Personal Data (as defined by the Data Protection Act 2018) provided by You to Us, You undertake to Us that you have obtained all necessary consents from the receiver of the Shipments that their personal information will be used by Us to provide the Services.
12.2 We shall not be considered either a Data Controller or a Data Processor for any data that is contained within a Shipment.
13.1 We do not contract as a common carrier. Any Shipment accepted for transit is accepted on these Conditions, or any terms and conditions relating to a waybill, to the exclusion of all other terms and conditions whether put forward by you or implied by law (insofar as exclusion of the same is lawful). Delivery of a Shipment to Us by you will be conclusive evidence of your acceptance of these Conditions.
13.2 These Conditions constitute the entire agreement between you and Us for the supply of the Services. Each party acknowledges that in entering into these Conditions it has not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein. This clause 13.2shall not exclude any liability for fraud or fraudulent misrepresentation.
13.3 If there is any conflict between these Conditions and the terms and conditions set out on any printed documents provided by Us (but not being amended Conditions), these Conditions will prevail.
13.4 These Conditions may be reasonably amended from time to time by us, including, without limitation by adding or deleting Services or amending compensation levels. You should regularly refer to the send.dhlparcel Website to obtain a copy of the Conditions which apply when you send a Shipment. Your sending a Shipment with Us is deemed acceptance by you of the Conditions as so amended from time to time.
13.5 If We (or Our authorised agents) fail, at any time while these Conditions are in force, to insist that you perform any of your obligations under these Conditions, or if We do not exercise any of Our rights or remedies under these Conditions, that will not mean that We have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If We do waive a default by you, that will not mean that We will automatically waive any subsequent default by you. No waiver by Us of any of these Conditions shall be effective unless We expressly say that it is a waiver and We tell you so in writing.
13.6 These Conditions are personal to you and you may not assign, license or sub-contract any of your rights or obligations under them without Our written consent.
13.7 These Conditions will apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.
13.8 The provisions of these Conditions are severable and distinct from one another, and if at any time any provision is or becomes unenforceable, the validity, legality or enforceability of the other provisions will not in any way be affected or impaired.
13.9 These Conditions are governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.
13.10 It is not intended that these Conditions or any contract created on the basis thereof will be enforceable by any third party, unless expressly provided for in these Conditions.