WEBSITE TERMS AND CONDITIONS for www.lincolnbikecourier.co.uk
These terms and conditions govern your use of our website. Our terms have been provided and approved by legal documents provider LegalCentre.co.uk. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.1 You will be able to access the majority of this Website without having to register any details with us.
2. USE OF WEBSITE
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission. 2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent. 2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. SITE UPTIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time. 3.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. VISITOR CONDUCT
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. 5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions: (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; (b) you do not misrepresent your relationship with us or present any false information about us; (c) you do not link from a website that is not owned by you; and (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom. 5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date. 6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website. 7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
9. OUR DETAILS
Our business's name is: Lincoln Bike Courier
Our business address is: 36 Carram Way, Lincoln, LN1 1AB
Our contact details are: 07852 352786
SERVICE/COURIER TERMS AND CONDITIONS for www.lincolnbikecourier.co.uk
These terms and conditions govern the use of our courier service. Please read the terms in full before you use our services. If you do not accept these terms, please do not use our services. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. DELIVERY TO AN ADDRESS
1.1 Lincoln Bike Courier undertakes to deliver to the address specified on the Consignment or in the despatch documentation, or to a person specified within the dispatch documentation. 1.2 In respect of deliveries, if there is no-one at the address then: 1.2.1 Lincoln Bike Courier will contact the customer by telephone if possible. 1.3 When delivering a Consignment, Lincoln Bike Courier will request the person who accepts delivery to sign an acknowledgment of receipt. 1.4 Copies of the receipt referred to in 1.3 above, shall be available (subject to data protection requirements) for a period of six months from the date of delivery, subject to the payment of charges as agreed with Lincoln Bike Courier. 1.5 PO Box addresses are not acceptable as delivery addresses for any of the Services.
2. RESTRICTED, PROHIBITED AND DANGEROUS GOODS
2.1 Prohibited Goods and Restricted Goods details are available on request. 2.2 The Customer is responsible for ascertaining if the contents of a Parcel is subject to restrictions or specific requirements either within the UK by contacting Lincoln Bike Courier. 2.3 The Customer must not send any Prohibited Goods by any of the Services. If Prohibited Goods are sent by the Customer, Lincoln Bike Courier may deal with them as it reasonably sees fit (without incurring any liability whatsoever to the Customer or Recipient) and if they have caused injury or damage the Customer may be liable to prosecution. 2.4 Lincoln Bike Courier may add or remove items from the definition of Prohibited Goods and Dangerous Goods at their discretion. 2.5 The Customer must properly pack and duly label any Parcel which is subject to requirements in accordance with all legislation, regulations and guidelines governing its transportation by road. 2.6 The Customer shall be liable to Lincoln Bike Courier, its sub-contractors and its agents for all loss, damage or injury arising out of the carriage of Prohibited Goods and Dangerous Goods whether declared as such or not and Restricted Goods not properly packed and duly labelled (or not in compliance with any other specific requirements) to the extent that such loss, damage or injury is caused by the nature of those goods.
3. ADDRESSING AND DOCUMENTATION
3.1 The Customer shall write the full postal address, including the postcode (or local equivalent) and telephone numbers of both the Recipient and the Customer on each Parcel and Consignment and each Consignment must be accompanied at the time of Despatch by fully completed despatch documentation. 3.2 The Customer shall ensure that each Parcel is adequately packaged and labelled in accordance with any requirements set out by Lincoln Bike Courier and the requirements of any legislation, regulations and guidelines governing transportation by road. 3.3 The Customer shall retain all Customer receipts and/or copies of despatch documentation relating to the Despatch as these will be required to support any claim for compensation.
4. SERVICE STANDARDS AND DELIVERY
4.1 Where Lincoln Bike Courier attempts to deliver a Consignment to the address shown on the Consignment and for whatever reason delivery cannot be achieved (including unreasonable delay in acceptance at that address) then delivery shall be deemed to have taken place at the time when the Consignment is first presented to that address for delivery or when Lincoln Bike Courier joins a queuing or booking in system, if that is in operation at that address; and 4.2 where Lincoln Bike Courier is directed to hold a Consignment for collection or pending further instructions, (which at its discretion Lincoln Bike Courier may do), then delivery shall be deemed to have taken place at the earliest time when the Consignment was made available for collection by the Recipient.
5.1 If a Consignment is Undeliverable for any reason, Lincoln Bike Courier will attempt to notify the Customer as per 5.2 below. If the Customer cannot be contacted within a reasonable amount of time or fails to reach an agreement with Lincoln Bike Courier within a reasonable period of time as determined by Lincoln Bike Courier, Lincoln Bike Courier at its sole discretion, may return the Consignment to the Customer, place the Consignment in a general order warehouse, (or customs-bonded warehouse), or dispose of the Consignment. The Customer will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of an Undeliverable Consignment, unless the Consignment was Undeliverable due to the fault of Lincoln Bike Courier. 5.2 After an attempted delivery, the Customer or the Recipient may request that an undelivered Consignment be returned to the Customer, delivered to the Recipient or redirected (and in the case of the Recipient's request, the Customer hereby consents to Lincoln Bike Courier performing such action), subject to payment of such additional charges notified by Lincoln Bike Courier to the person who makes the request. Lincoln Bike Courier will endeavour to perform such additional service on the terms and conditions set out in these Conditions or such other Lincoln Bike Courier terms which govern the additional services, if such is the case. 5.3 If an undelivered Consignment is held by Lincoln Bike Courier and is not claimed within 60 days of Lincoln Bike Courier leaving notification of its attempted delivery at the delivery address (unless Undeliverable when no notification is required), Lincoln Bike Courier shall, where reasonably practicable, attempt to contact the Customer. If this fails Lincoln Bike Courier will be entitled to deal with the Consignment as it sees fit. 5.4 If Lincoln Bike Courier is unable to agree to a request as per 5.2 above then Lincoln Bike Courier will be entitled to deal with or dispose of the Consignment as it sees fit. 5.5 Lincoln Bike Courier assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not it attempts to notify the Recipient or the Customer. Lincoln Bike Courier shall be entitled to charge an administrative fee for obtaining such corrective or complete information. 5.6 If a Recipient refuses to pay any customs charges and duties (and any handling charges levied by Lincoln Bike Courier in respect thereof) due in respect of a Consignment and as a result, it or a part of it is not delivered, Lincoln Bike Courier shall not incur any liability and the Consignment (or relevant part) will only be returned to the Customer if those charges plus return carriage charges are paid by the Customer. Lincoln Bike Courier will attempt to contact the Customer to advise of the charges and to obtain agreement to pay. If such agreement is forthcoming, the Customer shall make payment at or to Lincoln Bike Courier, thereafter the Consignment (or relevant part) will be returned to the Customer. 5.7 Where the Customer refuses to pay the charges, referred to in 5.6 above, the Consignment (or relevant part) may be disposed of by Lincoln Bike Courier as it sees fit.
6.1 Charges are available by contacting Lincoln Bike Courier. 6.2 The Customer shall pay to Lincoln Bike Courier the Consignment Charges and any other charges relating to the Services selected at the time of Despatch by the method specified by Lincoln Bike Courier. Other charges incurred or levied after Despatch will be payable in the manner and timescale specified by Lincoln Bike Courier from time to time, which are currently on demand. Such other charges may include but are not limited to handling charges, charges for enhanced compensation, returning/disposing of Undeliverable items, providing hardcopy proof of delivery and re-packaging and as otherwise specified in these Conditions.
7. LIABILITY FOR DELAY LOSS OR DAMAGE
7.1 Lincoln Bike Courier will only be liable for loss of, or damage to a Consignment if caused by its negligence (or that of persons for whom it is vicariously liable) and its liability is further limited as set out in these Conditions and in particular in this Condition 7. 7.2 Lincoln Bike Courier shall pay compensation for the actual value of the contents of the Parcel to the Customer for loss of or damage to a Consignment (if caused by its negligence or those for whom it is vicariously liable) up to the limits for the Service, as set out in Condition 8, subject always to the provisions of these Conditions. Compensation for delay is given as a refund of the whole or part of the Consignment Charges. 7.3 Except as referred to in Condition7.1 and 7.2 Lincoln Bike Courier shall not be liable to the Customer or any other person for any loss of, or damage to, or any delay in the collection, conveyance or delivery of any Consignment(s), whatsoever and howsoever such loss, damage or delay was caused, whether from contract, breach of statutory duty, tort (including negligence of Lincoln Bike Courier or its officers, employees, contractors or agents), or otherwise. 7.4 Lincoln Bike Courier does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential loss or damage whatsoever or howsoever arising whether from contract, breach of statutory duty, tort (including negligence of Lincoln Bike Courier or its officers, employees, contractors or agents), or otherwise. 7.5 Any compensation payable for loss or damage shall be limited to the repair costs of the actual item(s) damaged or, if they are lost or damaged beyond repair, their replacement cost, taking account of depreciation for wear and tear at cost price and excluding VAT where applicable, or (at Lincoln Bike Courier's option) repairing or replacing the items with an equivalent item and compensation shall not in any event, exceed Lincoln Bike Courier's stated limits of compensation which are available on request. 7.6 In addition to other compensation exclusions, Lincoln Bike Courier shall not be liable to pay compensation for loss of, or damage to a Consignment: 7.6.1 due to latent or inherent defect, vice or natural deterioration of items; or 7.6.2 containing Excluded Goods or Restricted Goods, (where requirements have not been observed); or 7.6.3 containing tickets, or tickets which are exchangeable for goods or services (including without limitation, airline tickets or tickets for any mode of transportation); or 7.6.4 delays in delivery caused by adherence to Lincoln Bike Courier policies to provide a copy of the delivery record or a copy of the signature obtained at delivery; or 7.6.5 damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs or other inherently fragile items; or 7.6.6 Lincoln Bike Courier's failure to honour "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings); or 7.6.7 The Customer's failure to ship goods in packaging approved by Lincoln Bike Courier prior to shipment, where such prior approval is recommended or required; or 7.6.8 Lincoln Bike Courier 's failure or inability to attempt to contact the Customer or Recipient concerning incomplete or inaccurate address, incorrect or incomplete documentation, non-payment of duties and taxes necessary to release a Shipment, or incomplete or incorrect custom's broker's address. 7.7 Any compensation payable under these Conditions for loss of or damage to any Collectable shall be limited to the actual price paid by the Customer as confirmed by satisfactory written or printed evidence. Such compensation will not exceed the compensation limits which are available on request. 7.8 Lincoln Bike Courier shall not be liable to pay any refund or compensation in respect of a Consignment containing Excluded Goods or Prohibited Goods or otherwise despatched in contravention of any provision of these Conditions. Lincoln Bike Courier shall not be liable to pay any refund or compensation in respect of a Consignment which is damaged, lost or delayed as a result of it being inadequately packaged, incorrectly addressed or accompanied by incomplete despatch or customs documentation. 7.9 Lincoln Bike Courier shall not be liable in respect of any Consignment where any person has been fraudulent or dishonest in any way in respect of that Consignment or misrepresents his authority to receive a Consignment on the Recipient's or Customer's behalf. 7.10 Lincoln Bike Courier shall not be liable to pay any refund for late delivery in respect of: 7.10.1. any delay in delivery due to acts or omissions of customs or other regulatory agencies; or 7.10.2 delays in delivery caused by adherence to Lincoln Bike Courier policies regarding the payment of duties and taxes. 7.11 Lincoln Bike Courier shall not be liable to pay any compensation or refund for delay where: 7.11.1 the Consignment is held up in customs for formal entry clearance or because duty is payable; or 7.11.2 the Consignment needs collection by the Recipient in person; or 7.11.3 the Consignment is seized by any customs authority; or 7.11.4 the customs documentation is incomplete or incorrect; or 7.11.5 the Consignment has not been packed correctly; or 7.11.6 the Consignment contains Prohibited or Restricted Goods; or 7.11.7 the Consignment does not have a complete and accurate address, postcode and telephone number for the Customer and Recipient; or 7.12 For a comprehensive list of items excluded from compensation please contact Lincoln Bike Courier. 7.13 Lincoln Bike Courier shall have no liability for loss, damage and delay where a Consignment is despatched to a destination where the Service has been suspended. 7.14 Lincoln Bike Courier reserves the right to suspend any of the Services and/or compensation arrangements to specific destinations where it considers that circumstances prevent the provision of a reliable service. 7.15 Late delivery or delay in delivery (or similar expressions) means delivery which is not in accordance with the delivery times advertised for these Services from time to time by Lincoln Bike Courier, subject to the provisions of Conditions 6.
8. CLAIMS FOR COMPENSATION
8.1 Lincoln Bike Courier will require the Customer to substantiate a claim by providing any relevant information about the Consignment including proof of Despatch, proof of value, estimates for repair costs (where relevant), cost price, invoices (excluding VAT), weight and nature of the item(s) lost or damaged, and, in the case of damage, must provide the Consignment (and in particular the damaged item) and all the packaging for inspection. 8.2 Lincoln Bike Courier may make such investigations as it deems necessary to satisfy itself of the validity of any claim and the Customer shall co-operate as is reasonable in the circumstances. 8.3 All claims for compensation must be made on a fully completed Lincoln Bike Courier claim form which must be received by Lincoln Bike Courier within the timescales measured from the date of Despatch available on request. 8.4 The Despatch of sensitive data and documents, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer's risk and no compensation is available for these items. Data stored on electronic media, for example data disks, hard drives, magnetic tapes or pen drives must be suitably encrypted. The Customer shall indemnify Lincoln Bike Courier against all actions, claims, proceedings and judgements together with costs incurred relating to loss, damage or disclosure of such data documents except to the extent that Lincoln Bike Courier has been negligent.
9.1 Lincoln Bike Courier shall not be liable (whether for the payment of compensation or refunds or otherwise), for loss, damage or delay to the extent that such results from any acts or omission of the Customer or Recipient or circumstances outside its reasonable control, including (without limitation) any adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of public or private highway or from any industrial action whatsoever. 9.2 Lincoln Bike Courier may engage agents and/or sub- contractors to perform all or any part of the Services to be provided to the Customer. 9.3 Nothing in these Conditions (nor anything else), shall confer on any third party any benefit, nor the right to enforce any of these Conditions which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. 9.4 These Conditions will be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matters arising under or in connection with this agreement. 9.5 These Conditions and documents and information on websites referred to, constitute the entire agreement between Lincoln Bike Courier and the Customer. The Customer acknowledges that in agreeing to these Conditions they are not relying upon any representation or undertaking, whether oral or in writing, save as expressly incorporated herein. 9.6 If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the provisions of these Conditions which shall remain in full force and effect. Information correct at time at time of publication November 2010.
10. OUR DETAILS
Our business's name is: Lincoln Bike Courier
Our business address is: 36 Carram Way, Lincoln, LN1 1AB
Our contact details are: 07852 352786