Terms & Conditions Pharos Parcel By Fiona McLellan 21st August 2008
As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subjected to our terms and conditions below:
In these terms where the content so permits the following expressions shall have the following meanings.
- "Consignment" means any article or articles of any sort which may be or be intended to be received by the Company from any sender at any one address for carriage and delivery at any one time to any one Receiver at any one other address. Consignment can be made up of several separate packages.
- "The Company" means Pharos Parcel ltd.
- "Third Party Carrier" means the carrier with whom the order is placed by the Company utilising an account that the Company has with the major carriers.
- "The Relevant Collection Point" means the address at which any Consignment is to be given to the 3rd Party Carrier.
- "The Relevant Delivery Point" means the address to which any Consignment is to be delivered to by the "Third Party Carrier".
- "Receiver" means the named person on the Label who is to receive the Consignment or any other person appearing to have authority to accept delivery of the Consignment on the receiver’s behalf.
- "Sender" means the named person at the Collection Point or any other person appearing to have authority to accept collection of the Consignment.
- "Customer" means the person who agrees to the terms and conditions and pays for the order. This can be the Seller, the Receiver or a 3rd party.
- "Label" means the label/waybill provided by the company that has to affixed securely on the parcel.
- "Working Hours" means Monday to Friday from 9.00 am to 5pm excluding public and bank holidays.
- "Administration Fee" means £10 (including VAT).
- "Standard Transit Cover " means the standard transit cover of £50 included in the delivery cost.
- "Exceptional Value" means any item valued over USD 500.
- The Company will arrange delivery of the consignment/s through a 3rd Party Carrier.
- The Company does not come into direct contact with the Consignment/s so the Sender must ensure that the correct parcel is given to the correct collecting agent when the parcel is collected. The Sender must ensure the correct address and local UK contact telephone number is provided when making an order. By entering the weight and dimensions of your parcels you are telling us this information is correct. If they are heavier or bigger than indicated, the additional cost will be charged to you together with a surcharge of £15 + VAT. You the consignee are responsible for ensuring the weight and dimensions are correct even if you are not packing the parcel. Additional charges will be confirmed in writing. Please ensure you are in on the collection day. A surcharge of £10.00 may be applied if you are out when the driver tries to collect. On some services there will be a surcharge if a redelivery is necessary. Some areas will be subject to a remote area surcharge. This will be calculated at the time of booking.
- The Sender/Customer is responsible for ensuring that the Consignment contains no prohibited articles (Clause 11) and is packaged to minimize the risk of damage and/or loss of the contents (taking into consideration the size and weight and the contents of the parcel). Insufficient packaging (clause 9) will invalidate any subsequent damage claim.
- The 3rd Party Carrier and/or the Company have the right to refuse a Consignment for a given reason. Such as (but not limited to):
- Insufficient Packaging (see clause 9).
- Consignment exceeds weight limit (see clause 10).
- Consignment exceeds size limit (see clause 10).
- Consignment contains prohibited items (see clause 11).
- Insufficient payment or payment declined.
- Insufficient information given for Sender/Receiver.
- The Company has the right to refuse any order/user from the automated system.
- All queries/claims concerning a consignment must be directed through the Company who will then contact the relevant 3rd Party Carrier on the Customers behalf. If this is not adhered to any claim for loss or damage will be void.
- Any Consignment/s returned due to (but not limited to)
The return charge and any surcharges incurred will be charged to the Customer. If payment is not received then the 3rd Party Carrier/the Company has the right to abandon the Consignment.
- An error made by the Sender/Customer (e.g. Commercial Invoices not provided).
- The parcel is refused by the Receiver.
- The address is incomplete or the Receiver is not available.
- The parcel has not been sufficiently packed and has been damaged.
- The Company can only deliver to a full street address. The Company cannot deliver to a PO BOX or to an incomplete address. If a Consignment/s has to be returned for this reason no refund will be given. The sender is responsible for ensuring the correct address and local phone number is supplied. Failure to provide a local telephone number for the receiver may result in the parcel being returned to the UK and return cost being charged.
- Any Consignments that are returned for any reason will be returned to the Sender once payment is made for the return costs.
- All prices quoted on this website are in pounds sterling.
- The Customer must keep a copy of the Label and the VAT receipt as prove of the transaction.
- The automated ordering system books, charges for the delivery and transit cover above the Standard transit Cover. As a result transit cover will be taken automatically but will be void if the consignment contains a prohibited article (Clause 11) or restricted item or otherwise contravenes this Agreement.
Note: Where the Customer deals with the Company as a consumer the provisions set out here under do not and will not affect his rights under the Unfair Contract Terms Act 1977.
- The value of the consignment intended to be carried and delivered under this Agreement is under the control of the Customer. The Customer is responsible for ensuring that the value and contents of the Consignment is declared and clearly defined for insurance and customs purposes and does not contravene any local laws. The Customer is responsible for any surcharges and/or legal action resulting from incorrect information being provided.
- The Customer/Sender must take all reasonable steps to limit the risk of loss and/or damage to the Consignment (please refer to clause 9 on packaging).
- In this Agreement to the extent permitted by applicable law and the extent that the Company is otherwise found to be responsible for any damages the Company shall be responsible for actual damages for the loss and/or damage to the Consignment only.
- The Company will only be liable for a failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms (save in the case of personal injury or death.)
- To the extent permitted by Law in no event shall the Company, its affiliates, licensors, suppliers or any 3rd parties be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website.
- The extent permitted by Law in no event shall the Company, its affiliates, licensors, suppliers or any 3rd parties be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits and/or damages resulting from lost data or business interruption resulting from a collection/delivery being prevented because of circumstances beyond their control.
- In the event of loss or damage or to the Consignment or any other claim being made against the Company, the Company will only be liable for the sum not exceeding points (ii) or (iii) below, except if an exception within the Agreement applies to the Consignment.
- The Standard Insurance Cover included in the delivery price less an Administration Fee.
- The declared insured value of the Consignment less an Administration Fee.
- If the sender, combines packages without putting them in an outer box, they do so at their own risk. If the parcels come apart in transit then once the remaining parcel(s) are signed for by the Receiver the Customer accepts they cannot make a claim for loss (or partial loss). No claims can be made for a missing parcel if two parcels have been combined.
- If the Customer has caused or contributed to the loss, damage or delay to a Consignment any liability the Company incurs as a result may be reduced or extinguished in accordance with the relevant law.
- If a package fails to comply with any of the restrictions or conditions within this Agreement without the Company’s express written consent the Company will not meet any loss howsoever arising which the Customer may suffer in connection with the carriage by the Company of such package and, if the Company or the 3rd Party Carrier suspends carriage for a reason allowed by these terms the Customer shall not be entitled to any refund on the carriage charges it has paid. The Company may bring a claim against the Customer in respect of such non-compliance.
Special provision as to labelling/Label
- The Company its servants or agents shall not in any circumstances be liable for any late delivery or miss-delivery or non-delivery caused or contributed to by any deficient or ambiguous and/or incorrect labelling of the Consignment or because the receiver is not available to take delivery.
- The cost of having the consignment or part thereof redelivered and/or returned and/or any surcharges as a result of incorrect labelling will be charged to the Customer.
- The Customer/Sender is responsible for the accuracy and completeness of the particulars inserted in the Label and for ensuring that all packages within a Consignment set out adequate contact details for the Collection Point and Receiver of the package and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with applicable law.
- Unless a different service level is clearly selected on the Label or other applicable shipping documentation, shipments will be carried under the Express service (where available to the selected destination) and all applicable charges will be calculated accordingly and charged to the Customer.
- The Customer is responsible for ensuring the labels provided by the Company are securely attached to the parcel. Should a parcel be collected by the carrier without labels and the driver attaches their labels the customer is responsible for any additional charges incurred should a different service be used.
- The cost of the first attempt to collect the consignment at the Relevant Collection Point by the 3rd party carrier is covered by the delivery charge.
- The Consignment will be collected by the 3rd Party Carrier within normal business working Hours.
- If the 3rd party carrier is unable to collect the Consignment because of the correct address has not been given or because there was not a local UK telephone contact number given, or because no one was available at the Relevant Collection Point to give the Consignment to the 3rd Party Carrier when they attempted to collect the Consignment a £8 charge will be applied to each subsequent attempt to collect the Consignment.
- If a parcel is not collected for reason beyond the Company’s or the 3rd Party Carrier’s control e.g. adverse weather conditions the collection will be rescheduled without charge to the Customer/Sender.
- In order to track the parcel and for use in all communication with the Company the Customer must keep a record of the Tracking Number which they can find on the VAT Receipt email and on the Waybill.
- For deliveries outside Europe a Commercial Invoice is required and the Consignment will be delayed at Customs if this is not provided.
- Where a package requires customs clearance it is the Sender’s/Customer’s responsibility to provide complete and accurate documentation for the purpose.
- It is the responsibility of the Sender/Customer to ensure that 4 copies of the Commercial invoice are provided to the driver at the time of collection.
- The Sender/Customer must keep a copy of the Commercial Invoice for their records and for future use if required.
- The 3rd party carrier will make one attempt to deliver a Consignment to the Relevant Delivery Point during normal working hours.
- If the parcel cannot delivered to the Relevant Delivery Point after one attempt the Consignment will be dropped off at a local collection point and then after 5 days returned back to Sender and subsequent delivery arrangements will be at the Customers cost.
- The delivery time starts to run from the time the parcel is received at the 3rd Party Carriers base not from the time of collection.
- In areas where the 3rd Party Carrier does not to deliver to the Relevant Delivery Point e.g. remote areas, Scandinavia, Ireland, Turkey… the 3rd Party Courier will follow local delivery customs.
- Deliveries and collections in certain areas in Scotland, Wales, Cornwall, Northern Ireland and Offshore Islands may be subject to a 24-48 hour delay due to occasional local services. Deliveries to remote areas on all services may be subject to delay. Guaranteed services are not guaranteed to remote areas.
Cancelling an Order
- The Sender can cancel their order and receive a full refund minus £5 administration charge up to the time the consignment is collected.
- The cancellation of the order must be requested by the Customer in writing and will be confirmed by the Company in writing.
- All refunds will be processed within 28 working days.
- The Customer must ensure a new, double walled, corrugated shipping container i.e a box, that is suitable for the size of the contents and has an appropriate strength for the weight, value and characteristics of the contents. Items cannot be sent in bags or suitcases as they can be damaged during shipping. All bags or luggage must be boxed.
- Each item must be surrounded by at least two inches (5.08 cm) of appropriate (this is dependent on the size, weight and nature of the contents) cushioning between the item and the box walls. There must be enough cushioning so that the contents cannot move when the box is moved and/or shaken.
- Enhanced packaging must be used for packages which weigh more than 32kg and/or contain a restricted item – Enhanced packaging includes using a double (or more) walled box and increased protective packaging around the packaging so that the contents are protected from reasonable expected manual and/or mechanical handing and taking into consideration the weight, size, value and nature of the contents.
Service Restrictions and Conditions
- Packages must not weigh more than:
- - 30kg (actual and dimensional weight) for the Standard Service.
- - 70 kg (actual and dimensional weight) for all other services.
- Parcels that weigh over 25kg must be clearly marked as a "Heavy Parcel".
- Packages which have a dimensional weight of over 32kg will be subject to an additional handling surcharge.
- Parcels over 30kg are classed as restricted articles (see clause 12) and must have enhanced packaging that is suitable for the contents, size and weight of the package (see clause 9). As a restricted article the Customer must obtain permission from the Company to ship the item before making the order, if permission is not sought and confirmed in writing by the Company any insurance cover will be void.
- Package size must not exceed 330cm when the following calculation is applied:
The two smallest measurements added together and multiplied by 2 then added to the longest measurement.
e.g. 30cm (w) + 30cm (h) x 2 = 120cm + 100cm (l) = 220cm
- The maximum length of a package is 270cm.
- If points (i) or (ii) above are measured by our carrier and found to exceed the total of 330cm a £50 surcharge will be incurred and will be charged to the Customer together with £10 administrative charge.
The value of any package may not exceed the local currency equivalent of USD 10,000. In addition the value of any jewellery or watches other than costume jewellery or costume watches in a package shall not exceed the local currency equivalent of USD 500.
- Packages must not contain any of the following prohibited articles including (but not limited to):
Attempting to send prohibited items can lead to prosecution where unlimited fines and imprisonment is possible.
- Alcoholic Beverages.
- Medals/Medallions if considered irreplaceable.
- Animal Skins (non-domesticated).
- Articles of Exceptional Value (e.g. art, antiques, precious stones, stamps, unique items, gold or silver).
- Dangerous Goods/Hazardous materials (following IATA regulations for Express and Expedited and following ADR regulations for Standard).
- Fire Arms (real and imitation).
- All car or vehicle parts including bumpers and bonnets, engines, generators, gearboxes or any part containing or having contained oil or petrol, unless decontaminated.
- Engines, generators, gearboxes or any part containing or having contained oil or petrol, unless decontaminated.
- Goods moving under ATA Carnet and all temporary exports and imports or goods moving under FCR, FCT or CAD (Cash Against Document).
- Goods which are prohibited by law in the country of origin, transit or destination e.g. ivory.
- Goods which by their nature are likely to soil, impair or damage persons. Or other goods being transported by the 3rd Party Courier.
- Goods which excise duty e.g. spirits or which require special facilities, safety precautions or permits.
- Human Remains.
- If travelling by air the goods must be suitable for air transit e.g. no aerosols or liquid in glass containers.
- Ivory and ivory products.
- Jewellery and watches (other than costume jewellery and costume watches) exceeding USD 500 or local currency equivalent per package.
- a) Costume jewellery/watches are defined as jewellery and watches which retail for less than USD 150 per item and which do not contain precious metal(s) and /or stone(s).
- b) An unlimited number individual items of costume jewellery valued at less than USD500 can be sent in any one consignment as long but a commercial invoice detailing the contents must be provided as prove of shipment.
- c) Any claim for loss/damage to jewellery, watches and costume jewellery is limited to USD 500.
- Keys, passports and birth certificates.
- Knives if the intention of the knife is to cause harm. Cooks knives and hunting knifes can be shipped as long as a full and accurate description is provided.
- Life Jackets.
- Live animals.
- Magnets or items containing ferro-magnetic material.
- Mobile phone with sim card.
- Money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities).
- Paint, adhesives, chemicals, flammable resins, solvents, liquids, compressed air.
- Personal effects – Items owned by the Sender/Customer intended for their own use and owned for at least 6 months.
- Pornographic materials.
- Tobacco and tobacco products.
- Unaccompanied baggage.
- Wet or lithium batteries (not including Dry C).
- The Customer guarantees that all packages presented for carriage under these terms comply with the restrictions in paragraph (a) above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him and have been protected against unauthorised interference during their preparation, storage and transportation to the 3rd Party Carrier.
- If a prohibited article is shipped any transit cover taken (including Standard transit cover) is void.
- These are items (which are listed below but not limited to) which are initially prohibited and/or considered to carry a higher level of risk, which if certain criteria is met can be accepted by a Company/3rd Party Carrier. The Customer must contact the Company to confirm the conditions of carriage. Permission to ship these items needs to be confirmed by the Customer with the Company in writing before the Consignment is booked.
- Alcoholic Beverages.
- - Alcohol containing less than 70% alcohol may be able to be shipped between certain countries.
- - Packages containing alcoholic beverages must be clearly indicated as "alcoholic beverages" on the waybill and other shipping documentation.
- - The alcoholic beverages must not be included in a package containing non-alcoholic products.
- Biological Substances.
- Perishable Goods.
- Tobacco and tobacco products.
- White Goods.
- Televisions/Computer monitors. Laptops
- Built furniture.
- Glass, mirrors, crystal, ceramic, porcelain, plaster, marble. China. Stone or resin items or items containing these materials.
- Unaccompanied baggage or suitcases.
- Fishing rods or any item over 150cm in length.
- Any item weighing over 30kg.
- Any item valued over £500.
- Personal Belongings any item owned by the customer that is over 6 months old.
- Restricted items are shipped at the Customers own risk and the Customer must use enhanced packaging suitable for the size, weight (see clause 9) to protect the contents of the Consignment. All items have to be enclosed in a box.
- Perishable and temperature sensitive Goods will be transported provided that the Customer accepts that they are transported at the Customers own risk and they have sought written permission from the Company. The 3rd party carrier will not provide special handling for such packages.
Refusal and Suspension of Carriage
- If any package does not meet any of the above restrictions or shipment conditions in this Agreement the 3rd Party Carrier may refuse to transport the relevant package (or any shipment of which it is a part) and, if carriage is in progress, the 3rd party carrier may suspend carriage and hold the package or shipment to the shipper’s order.
- The 3rd Party Carrier may suspend carriage if it cannot effect delivery at the third attempt, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the package or Waybill.
- Where carriage of a package or shipment, is suspended the parcel will be returned to the sender and any costs incurred must be paid by the Customer.
The Customer will be responsible for the reasonable costs and expenses of the Company (including storage), for such losses, taxes and customs duties as the Company may suffer and for all claims made against the Company because a Consignment or part thereof does not meet any of the restrictions, conditions or representations within the Agreement or applicable law or because of any refusal or suspension of carriage or return of a Consignment or part thereof by the 3rd Party Carrier or because the Receiver refuses to accept the Consignment or part thereof. In the case of the return of a Consignment or part thereof, the Customer will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of the Company.
Carrier is Unable to Get the Correct Information/ Payment of Surcharge
- If having suspended carriage of a package or Consignment in accordance with these provisions the Company is unable within 6 months to obtain the Customer’s instructions on disposition of the package or Consignment or to identify the Customer or any other person entitled to the goods (having if necessary opened the package) the Company shall be entitled to destroy or sell the package or shipment, at its absolute discretion.
- The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the package or shipment or otherwise from the shipper concerned. Any balance shall be held to the Company.
Inspection of Contents
The Company and 3rd Party Carriers contracted with the Company reserve the right, but is not obliged, to open and inspect, or scan by means of X-ray any package tendered to it for transportation at any time.
Disruption to Service
- If the Company or the relevant 3rd Party Carrier is unable to start or continue with carriage of the Customer’s package for a reason beyond its control the company will not be in breach of its agreement with the Customer but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage.
- Examples of events (but not limited to) beyond the Company’s control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labour disputes or obligations affecting the Company, the relevant 3rd Party Carrier or some other party.
Time limits for making a Claim
- The Company its servants or agents shall not be liable to the Customer in any circumstances or to any extent whatever in respect of damage caused to the Customer unless written notice is received by the Company within:
- 3 days from receipt of the consignment in the case of damage or partial damage.
- 7 days from the consignment being collected by the 3rd party carrier in the event a parcel is considered missing. A parcel is considered missing if it has not been scanned for tracking purposes by the 3rd party carrier in a 24 hour period.
- In the case of delay not due circumstances beyond the control of the Company/3rd party carrier or due to incorrect labelling, within 21 days of the goods being collected by the 3rd party carrier.
- In addition all claims against the Company in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to the Company within 3 months after delivery of the goods concerned or in the case of non-delivery within 3 months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under national laws.
- Lost Parcel
- A tracer will be raised within 24 hours to locate a lost parcel.
- The Customer must provide a detailed description of the package contents and of the packaging.
- The 3rd Party Carrier will have up to 10 days to locate the missing parcel.
- If the parcel is not located a claim form will be issued for the contents of the missing parcel.
- If the 3rd party carrier/Company admits liability for the loss of the Consignment monies in settlement of the claim will be sent to the Customer within 28 days of the 3rd Party Carrier admitting liability for the lost parcel.
- Damaged Parcel
- A request for a damage inspection will be requested from the 3rd Party Carrier within 48 hours of receiving notice of the claim.
- The customer must provide photos of the damaged parcel and of the packaging. Failure to do so will invalidate the claims process. The customer must be able to provide original receipts for lost or damaged goods in order to make a claim.
- The parcel will be collected for inspection within 5 days of the damage being reported.
- A claim for a damaged parcel will be null and void if the packaging is not retained for inspection or if inspection is prevented by the Receiver.
- The parcel will be sent back to Sender unless the Company receives alternative instructions from the Customer.
- The Customer will be informed of the findings of the inspection within 28 of the inspection taking place.
- If the claim is upheld monies in settlement of the claim will be sent to the Customer within 28 days of the 3rd Party Carrier admitting liability for the damage.
- Appealing a Claim Decision
- The Customer must ask for the decision to be appealed in writing within 7 days of being informed that the claim has been denied.
- If the Company is not contacted within the 7 days the claim will be closed.
- The Customer must provide detailed grounds on which to appeal the decision and they must provide new information and/or evidence to support the appeal. Failure to do this will result in the appeal being dismissed.
- The Customer will be informed of the appeal decision within 28 days of the appeal being made.
- If the appeal is upheld monies in settlement of the claim will be sent to the Customer within 28 days of the 3rd Party Carrier admitting liability for the damage/loss.
- Any further appeals will only be granted if submitted within 7 days of the appeal decision and only if new compelling evidence is provided. If the Company is not contacted within the 7 days the claim will be closed.
- Claim Payments:
- If extra transit cover has not been taken by the Customer at the time of booking the any compensation is limited the Standard transit cover irrespective of the value of the item.
- All claims are subject to a Administration Charge of £10.
- Claim payments are subject to the Customer providing written proof of the wholesale value of the contents of affected package(s).
This agreement shall be construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.