CONDITIONS OF CARRIAGE
Thank you for placing your order. 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.
It is important that before you commit to placing your request, you fully understand your responsibilities to Us and Our responsibilities to you under the Contract because by placing your request, you are confirming to Us that you understand the Contract, and fully accept it.
Parties to the Contract
1). We, Us, Our – TURKUS TRANSPORT LTD, company number 14400494 whose registered office address is at 17 Plas Gwyn, Wrexham, Wales, LL12 7DL.
2). You.
1. YOUR RESPONSIBILITIES TO US
1.1 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 in clause 1.5.
Your details
1.2 You are confirming by entering into the Contract that:
1.2.1 all of the details on your account are completely true and accurate;
1.2.2 you are at least 17 years old, and if you are accessing Our Service.
1.2.3 you are the owner of the Shipment and its contents, or you have the owner’s permission to enter into this Contract;
1.2.4 that you have read and fully understood the terms of the Contract, including these Conditions; and:
1.2.5 you are aware of the value of your Shipment and are add we don’t take responsibility for any damage caused by wrong packing, or items that are fragile.
Your Shipment
1.3 By placing your order, you are confirming to Us that:
1.3.1 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;
1.3.2 the proper Delivery Address Labels have been stuck properly on the Shipment in a place where it can easily read.
1.3.3 your Shipment and its contents do not break any Laws;
1.3.4 your Shipment fully complies with the Service you have selected, and we provide, 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 Service is providing, you should contact Us and We can give you a quote for your Shipment;
1.3.5 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 a collision with other parcels can happen. Poorly packaged Shipments can easily be damaged. 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, and your Shipment is properly packaged and conforms with all of the responsibilities you have agreed to in this clause 1; and
1.3.6 your Shipment does not contain any of the following:
1.3.6.1 Breakable Goods;
1.3.6.2 Valuable Goods;
1.3.6.3 Prohibited Goods;
1.3.6.4 Dangerous Goods;
1.3.6.5 Perishable goods ;
1.3.6.6 Restricted Goods; or
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 1.2 and 1.3
1.4 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 1.2 and 1.3 are set out below.
1.5 If at any time after We have collected the Shipment from you it is discovered that you have failed to fulfill your responsibilities to us, then you agree that:
1.5.1 Our carrying of that Shipment will be completely at your risk and We will not be responsible for any loss of or damage or delay to that Shipment;
1.5.2 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 are 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).
1.5.3 where your Shipment is found to exceed the weight and dimensions restrictions of the Service you have chosen, you agree that the Shipment should be carried and charged in accordance of our charges. We can hold your Shipment until you (or if the Shipment has already been delivered, You must still be required to):
1.5.3.1 pay the difference between the Service you chose, and the Service that your Shipment actually complies with; or
1.5.3.2 if a Service is not available because you have chosen Shipment still exceeds the weight and size directions of that Service we provide, you agree to pay Our additional charges which We will calculate for you if you choose still to sent this; or
1.5.3.3 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 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.
2. THE SEND. TURKUS TRANSPORT LTD
Our Service
1.1 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 agreement we had with you.
Independent third-party service providers
2.2 Sometimes we will 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.
Restrictions
2.3 We do not carry Shipments containing items listed in clause 1.3.6. This is why it is your responsibility to make sure that your Shipment does not contain such goods or items.
2.4 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 1.3.5).
2.5 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 you have chosen.
2.6 Irrespective of whether you use the send.TURKUS TRANSPORT LTD 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).
2.7 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.
2.8 We do not notify you of the delivery progress of your Shipment (only delivery confirmation subject to you providing Us with an email address/or telephone number). You acknowledge that it is your responsibility to check if you received the e-mail or received the message.
Collection
2.9 It is your responsibility to make sure that you have properly packaged and labeled your Shipment and that it is safe to be collected by Us (see clause 1.3.5).
2.10 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, please contact us for more information.
2.11 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.
2.12 If You do not want Us to collect your parcel, please contact us.
Transit
2.13 You agree that it is up to Us to decide the route through which your Shipment will be delivered.
2.14 For the purposes of this Contract, transit will begin when We collect your Shipment and will end in one of the following ways:
2.14.1 We have delivered the Shipment to the Delivery Address;
2.14.2 We have, in accordance with your instructions, left the Shipment at the Delivery Address because no-one was present to take delivery;
2.14.3 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.
Delivery
2.15 We will deliver your Shipment to the Delivery Address subject to the following:
2.15.1 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;
2.15.2 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 neighbor’s address if agreed.
2.15.3 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).
2.15.4 We are not responsible where a person at the Delivery Address represents to Us that they are authorized to accept delivery of your Shipment, or where there is no reasonable ground to suspect that that person has no authorization to accept delivery. This is because We cannot be expected to know whether a person has the authority or not.
2.16 You agree that Our records will be definitive evidence of the 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
2.17 This section only applies if your Shipment is to be delivered to an international destination covered by the send. TURKUS TRANSPORT LTD.
2.18 These Conditions still apply to your Shipment, together with the additional clauses in this section.
2.19 You accept that in addition to the Contract and these Conditions:
2.19.1 Your Shipment will be subject to security screening, which could include (without limitation) x-ray scanning, manual opening and inspection, customs searches, etc.
2.19.2 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.
2.19.3 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.
2.19.4 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.
2.19.5 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:
2.19.5.1 hold the Shipment pending corrective action by you to render the Shipment suitable for international transportation; or
2.19.5.2 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 TO AVOID BEING LIABLE FOR THEM.
2.20 When the United Kingdom left 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.
2.20.1 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
2.21 If 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.
2.22 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.
3. WHAT HAPPENS IF YOUR SHIPMENT IS DAMAGED OR LOST
3.1 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.
3.2 We are only responsible for the loss or damage to your Shipment where:
3.2.1 the loss or damage resulted from something We did, or ought reasonably to have done; and
3.2.2 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:
3.2.3 obtain a signature from a person at the delivery address (or nearby address where applicable), or
3.2.4 elect, in accordance with clause 1.3, to leave the Shipment at the delivery address (or nearby address where applicable).
3.3 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.
3.4 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.
3.5 We will contact you within 14 calendar days. 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 2.4.
3.6 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.
3.7 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.
3.8 Where you have reported the loss or damage to Us in time, We will investigate the matter and then contact you to say either:
3.8.1 We have investigated the loss/damage and have concluded that it is not Our fault; or
3.8.2 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.
3.9 Where We admit our fault, the payment We will specify how much to settle your claim.
3.10 If you do not agree with Our decision, 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.
4. WHAT HAPPENS IF WE COLLECT OR DELIVER YOUR SHIPMENT LATE
4.1 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.
5. UNCLAIMED SHIPMENTS
5.1 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.
5.2 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.
5.3 Where Unclaimed Shipments remain uncollected after the sender or recipient has been contacted, 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 or facility.
5.4 If, subsequently, it is discovered by Us that you were the owner of an Unclaimed Shipment, We will return to you, if We disposed the parcel after 6 weeks, we don’t take any responsibility for your losses.
6. ENDING THE CONTRACT
6.1 You can cancel your order at any time before We arrive to collect your Shipment. Once your Shipment has been collected, the Contract cannot be ended until:
6.1.1 your Shipment has been delivered; or
6.1.2 transit has ended; or
6.1.3 We have terminated the Contract.
6.2 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 could also include surcharges levied by third parties for the return of your Shipment.
6.3 We may terminate the Contract if:
6.3.1 you fail to comply with any of your responsibilities set out in clauses.
6.3.2 We reasonably consider that your Shipment is unsuitable for the send.TURKUS TRANSPORT LTD; and
6.3.3 a third party has refused to carry your Shipment.
6.4 Irrespective of whether the Contract has been ended or the send. TURKUS TRANSPORT LTD, an agreement was terminated.
7. CONTACTING US
7.1 Should you wish to contact Us regarding any credit queries regarding your send. TURKUS TRANSPORT LTD, you can do so by telephone on 07856056205.
7.2 For all other queries you may contact Us by writing to Us at 17 Plas Gwyn, Wrexham, Wales, LL12 7DL.
7.3 Any complaint regarding send. TURKUS TRANSPORT LTD should be in writing to the address above in clause 7.2.
7.4 If you are not entirely satisfied with your service please contact us, we will try to resolve any issues that you have as quickly as possible
8. DATA PROTECTION
8.1 In relation to any Personal Data 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.
TURKUS TRANSPORT LTD, company number 14400494 whose registered office address is at 17 Plas Gwyn, Wrexham, Wales, LL12 7DL.