Terms and Conditions
Last Modified: November 21, 2022
Welcome to Shippx. These Terms and Conditions, together with our Privacy Policy (collectively referred to as the “Agreement”) govern your use of the services provided by Shippx Limited, a company registered in England with company number 12682664 (hereinafter “the Company”, “we”, “us” or “our”). Please carefully read these Terms and Conditions before ordering our services. If you are unclear about any provision of this Agreement, please contact us before placing your order. By placing your order, you represent that you have read and understood these Terms and Conditions and agree to be bound by them.
- Definitions and Interpretation
The following words, wherever used in these Terms and Conditions, shall have the meaning as defined below:
“Customer”, ”You”, “Your” means the person who places an Order for one or more Services offered by the Company. "Item" means any one or more items specified in the confirmed Quotation for Services. "Order" means the acceptance of the Quotation by the Customer. "Parties" means both the Customer and the Company collectively. "Quotation" means the written quotation the Company provides to the Customer outlining the Services to be delivered, Service fees including taxes, and the payment due date. "Service" means all work undertaken to be performed by the Company as clearly specified in the Quotation. - The use of the masculine, feminine, neuter gender and the singular or plural number shall not be given the effect of any exclusions or limitations herein.
- All pronouns shall be deemed masculine, feminine, neuter, singular, or plural, as the person or entity's identity may require.
- Quotations, Order Confirmations and Amendments
- REQUEST FOR QUOTATION
- Orders are only confirmed after the Customer accepts the Quotation provided by the Company. Unless expressly agreed otherwise, all Quotations are valid for 14 calendar days, including the day the Quotation is sent.
- Customers can request a Quotation from the Company over the phone, by sending an email, by completing the enquiry form on our website or by sending a request through a third-party marketplace platform.
- It is solely the Customer’s responsibility to provide the Company with all the relevant information relating to the Service request, including but not limited to the collection and delivery address, size, weight, and nature of the Items to be transported, and any other relevant information.
- As a Customer, you represent that all information you provide the Company is accurate and complete. You acknowledge and agree that the Company relies upon the information you provide to generate the Quotation. Any material errors, omissions or changes in the Order information may result in you becoming liable for paying additional charges as outlined in Section 3 below. ORDER CONFIRMATION AND AMENDMENTS
- All Quotations are issued in writing and sent to the email address provided by the Customer. As a Customer, it is solely your responsibility to carefully review the Quotation before accepting it.
- Once you accept the Quotation, you will receive an order confirmation message from the Company. You understand that once your Order is confirmed, a legally binding contract arises between you and the Company governing all the rights and obligations relating to the Services as outlined in these Terms and Conditions.
- Any amendments to confirmed Orders are subject to approval by the Company. You acknowledge and agree that the Company cannot accept changes to any Orders scheduled for delivery within 24 hours from the time we receive the amendment request. To enquire if your Order can be amended, please contact us at info@shippx.co.uk along with your Order number and your amendment request. If the Company can accommodate your amendment request, we will notify you of any additional charges payable by you for the requested amendments. If applicable, you may be required to authorise the payment of any additional charges before the Company can confirm your amendments.
- Additional Charges
Unless expressly included in the Quotation, the Customer will be liable for additional charges in the following circumstances:
- If the only access to the premises for collection or delivery of an Item is through stairways; and/or,
- If our delivery vehicle cannot be parked within 30 metres from the doorway for loading or unloading the Item; and/or,
- Except for any fines for parking violations, any parking fees, congestion charges or low emission zone charges incurred by us to deliver the Service; and/or
- Any additional work we are required to perform to rectify any errors or omissions in the information provided by the Customer when placing the Order.
- Fees and Payments Policy
- Subject to our cancellations and refunds policy, the Customer is under a legal obligation to pay the full fee displayed on the Quotation and any additional fees incurred under Section 2.7 or Section 3 of these Terms and Conditions without any set-off or deduction whatsoever;
- We currently accept the following payment methods:
- BACS at the time of your order confirmation;
- Credit and debit card payments;
- Cash payment upon delivery.
Any payments made using a credit or debit card will incur an additional 2% processing fee.
- If we are prevented from rendering the Service on the scheduled date and time due to a fault on your part, we shall be entitled to charge you for such delay, including any costs incurred by us.
- If you fail to pay the full amount due and payable by you for our Services, you will incur interest on the outstanding amount at the maximum rate permissible by law. Interest will accrue daily from the due date of payment until the actual payment date. Please note that you will be required to pay any interest due when paying the outstanding amount.
- Lien:The Company shall have the right to withhold and sell your Items to pay for any outstanding amounts due and payable by you to the Company for the Services performed under this Agreement. Without prejudice to any other legal rights available to the Company, the Company will give you 15 calendar days written notice, either by email or SMS, disclosing its intention to sell your Items where an amount has been outstanding for more than seven calendar days. If you fail to make the payment before the lapse of the notice period, the Company may sell any of the Items to recover the outstanding amount whilst simultaneously exercising its other legal rights.
- Order Cancellations and Refunds Policy
- ORDER CANCELLATION BY THE CUSTOMER
- All Order Cancellation requests must be made in writing and sent to info@shippx.co.uk along with your order number. We accept free Order cancellations up to 24 hours before the Service is scheduled for delivery (“free cancellation period”). Any cancellations made within the free cancellation period will be eligible for a full refund which will be made to the same account used to make the original payment by the Customer. All refunds are processed within fourteen calendar days from the date of the refund approval by the Company.
- Any Order Cancellations made within 24 hours of the scheduled time of Service delivery will be liable for the payment of the total Service fee as specified in the Quotation you accepted. You will forfeit any amount paid by you for the Service, and the Company will not be liable to issue any refunds. ORDER CANCELLATION BY THE COMPANY
- Any Order cancellations made by the Company will be communicated to the Customer as soon as practically possible, either via an SMS or an email.
- In the event of unavailability of staff, equipment or any force majeure event, we may reschedule or cancel an Order without incurring any liability. Please note that we will always make our best effort to reschedule your Order before cancelling it. However, if you do not wish to accept our proposed rescheduled date and time, you may request a cancellation. Any Orders cancelled by the Company under this Section 5.d will be eligible for a full refund;
- The Company also reserves the right to cancel an Order, without incurring any liability, at any time
before or after we have begun to provide the Service in the following circumstances:
- If the Order violates any provision of these Terms and Conditions; or,
- If there was a material error or omission in the Order information provided by the Customer; or,
- If we are unable to deliver the Service for any reasons that are within the Customer’s control.
- Any cancellations made by the Company under Section 5.e will not be eligible for refunds, and the Customer will remain liable for paying the amount specified in the Quotation.
- The Company will be released from all its obligations under this Agreement upon cancellation of an Order either by the Company or the Customer.
- Client Representations and Responsibilities
You hereby represent and assume full responsibility for the following:
- Accuracy of Information: You represent to the Company that all information you provide us with is accurate and complete. You understand that we rely upon this information to assess the work and resources required, and deliver the Service. Any change in this original information at a later stage may give rise to additional charges payable by you.
- Ownership of Items: You represent and warrant to the Company that you have all the relevant rights, title or interest in the Items to enter into this Agreement with the Company. You agree to indemnify the Company, its employees, its subcontractors, and pay in full for any claims, damages, or costs asserted against the Company by any third party as a result of your misrepresentation under this provision.
- Prohibited Items:
You represent to the Company that you will not use the Service for any of the following Items:
- Hazardous goods such as firearms, ammunition, explosives, inflammable and highly combustible products;
- Any illegal goods such as narcotics, or stolen products;
- Human organs, human or animal remains;
- Pets and other living animals, including but not limited to any endangered species.
- Packaging and Fragile Items: All our vehicles have the necessary equipment required to perform the Services, such as blankets and straps. Any additional packaging is solely your responsibility. You are advised to securely package any fragile Items and clearly label them as “fragile” to avoid any damage during transit. You must also notify the driver of the fragile Items at the time of collection. Please note that any damage claims for fragile Items will only be accepted if there is clear proof that the damage was caused by us, such as visible damage to the box containing the fragile Item at the time of delivery.
- Items left behind: It is solely your responsibility to ensure that nothing you wish to be delivered/removed is left behind and that no unauthorised Items are collected/removed.
- Availability: You agree to be available and present on the agreed date and time or have your authorised representative present at the time of collection and delivery.
- Service Delivery
- You understand and accept that we can only deliver the Items to you or a person nominated by you in writing. If there is no one to receive the Items when we attempt delivery, we will contact you to arrange for a second delivery attempt. In the aforementioned scenarios, you agree that we may store the Items in a warehouse and redeliver it to you on another day based on our schedule.
- Although we make our best effort to provide the Service on the scheduled date and time, you understand and accept that the scheduled Service date and times are estimates only, and delays may occur for reasons beyond our control. We disclaim all liability for any loss or damage incurred by you or any third party due to delays or non-delivery of our Service on the scheduled date and time.
- Liability and Claims
- If you believe your Item or property was damaged due to our negligence, you must immediately report such damage to the driver. You must also report the damage to the Company by email at info@shippx.co.uk along with photographic evidence of the damage on the same day. Please note that your failure to notify the Driver and the Company of the damage in accordance with this provision will release the Company of all liability for damage.
- Our liability for damage/loss to your Item or property is limited to loss or damage that was reasonably foreseeable and caused directly by our negligence. The onus of proof that the damage was caused directly by our negligence is on you. For the avoidance of doubt, the Company expressly disclaims all liability for any unforeseeable damage or loss. In no event will the Company, its officers, employees or contractors be held liable for any indirect or consequential losses, including but not limited to loss of revenue, loss of profits or loss of savings.
- We will only accept claims relating to packed Items if there is clear proof that we caused physical damage to the external packaging. The onus of proof lies with the Customer.
- We do not accept any claims for damages that arise from moving an Item according to your instructions if our team had warned you that following your instructions may cause damage to the Item.
- We disclaim all liability for mechanical and electronic faults/damage to any Items, and our liability will be limited to visible external damage that was caused by our negligence. The onus of proof that the damage was caused by our negligence lies with the Customer.
- We also disclaim liability for damage to any perishable Items or any Items that require a controlled environment.
- Although content insurance is included in your Quotation, you will be required to pay the £150 excess fee when you make any insurance claim. Please note that we will not be able to accept and/or process any claims for damage or loss until we receive the full amount due and payable to us in accordance with this Agreement. You are prohibited from deducting or setting off any amount of your claim from our Service fees.
- Dispute Resolution
In the event of any disputes arising from this Agreement, the Customer agrees to provide a written summary of the dispute to the Company along with the Customer’s proposed resolution as soon as the dispute arises. The Company agrees to respond to the Customer’s dispute summary within seven calendar days from the date of receipt. The Company will make its best effort to remedy the issue at no additional cost to the Customer if the dispute arises solely from the Company’s fault. However, if the Company’s investigation into the dispute reveals that the dispute arose as a result of the Customer’s actions or omissions, the Company will have the right to charge the Customer any additional fees for remedying the issue.
Please note that all written responses from the Company during this stage of dispute resolution shall be deemed in the nature of settlement discussion and shall not be admissible in any other proceedings.
If the Parties are unable to resolve the dispute directly following the above procedure, either Party may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of such arbitration will be at the discretion of the arbitrator. Notwithstanding anything to the foregoing, this provision shall not prejudice any other rights of the Parties to commence legal proceedings.
- Consumer Rights
Nothing in these Terms and Conditions shall limit, exclude, or restrict your statutory consumer rights. To learn more about your consumer rights, please contact your local Citizens Advice Bureau.
- Data Protection
We have taken all appropriate steps to comply with UK General Data Protection Regulation. Please carefully review our Privacy Policy to inform yourself of our privacy practices, including why and how we collect your personal data, with whom we share your personal data and your rights as the data subject. By continuing to use our Service, you represent that you have read our Privacy Policy and you agree with our privacy practices.
- Information Disclaimer
Although we make our best effort to ensure that all information available on the website is correct, complete and current, you understand and accept that there may be errors, omissions and outdated information on the website. We are unable to guarantee the accuracy or completeness of any information on the website, and we reserve the right to modify any information to rectify any errors, omissions or inaccuracies at any time without giving any prior notice. WE HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE ARISING FROM OR ASSOCIATED WITH ANY RELIANCE UPON ANY INFORMATION AVAILABLE ON OUR WEBSITE.
- Communication and Company Information
You may contact us by email at info@shippx.co.uk or by telephone at 0192 3948 004 between 8:00 AM and 5:00 PM, excluding public holidays and weekends.
All notices to be given to the Company shall be sent to our registered business address at:
Shippx Limited
128, City Road,
London, EC1V 2NX
- Feedback
We will be delighted to hear your views on our Service and any suggestions for improvements. Please note that although we love to hear from our Customers, we want to avoid all misunderstandings about the nature of this communication. You understand and accept that by sending us your feedback, ideas and suggestions, you are granting us full and exclusive rights to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our business, in whole or part, without any restriction or compensation to you now or ever in future. You can submit your ideas through the ‘contact us’ page on our website or by email at info@shippx.co.uk.
- Amendments
We reserve the right to update these Terms and Conditions to comply with any applicable laws, to reflect any changes in our business practices or for any other reasons we deem fit in our sole discretion. Any amendments in our Terms and Conditions will not affect any confirmed Orders. Whenever we make any amendments to these Terms, we will notify you by posting the updated Terms on the website. Unless expressly specified otherwise, the updated Terms shall be effective from the date the updated version is posted on the website. Please take the time to review these Terms regularly to familiarise yourself with any material changes. By using the website after the amended Terms are posted on the website, you agree to be bound by them.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with English law. The Parties agree to the exclusive jurisdiction of a competent court in England to adjudicate upon any claims, actions or disputes arising from this Agreement.
- Indemnification
You hereby agree to release, defend, indemnify, and hold harmless the Company, its employees, and subcontractors against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- Your breach of this Agreement; or
- Your violation of applicable law.
- Force Majeure
The Company shall not be liable for any failure to perform its obligations under this Agreement if such failure is as a result of any force majeure events such as fire, natural disasters, war, invasion, epidemic, insurrection, military or usurped power, terrorist activities, nationalisation, government sanction, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.