Terms of Use of the PayPal Shipping powered by Packlink site (the “Website”)

You are brought to Auctane, S.L.U. from PayPal, which provide PayPal shipping services powered by Packlink. You can use your PayPal login credentials to login into PayPal Shipping powered by Packlink.

Please note that PayPal is not a party to the contract between you and Auctane, S.L.U. and that PayPal has its own privacy policy and its own terms of use.

The owner of the https://paypal.packlink.com/co.uk Website (hereinafter, the Website) is Auctane, S.L.U., company registration number CIF B83357863 and on file in the Commercial Registry of Madrid in Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, with its registered address on the Paseo Imperial, 14, 28005, Madrid, Spain, holder of transport operator nº 11938624-1 (hereinafter, “Packlink”, “we”, “us”  or “our”)

By using this Website, you accept our Terms of Use.  If you do not accept these Terms of Use, you should not use the Website.  .

If you purchase services from us, our General Contracting Conditions and Particular Conditions (as set out in these Terms of Use) shall apply.

The following policies will also apply to you as a User of this Website:

Privacy Policy

User obligations

Users undertake to use the Website responsibly in full compliance with Applicable  Law, these Terms of Use and, where applicable, any other policy provided by us for use of  for the Website.

The password that you have chosen for your PayPal account allows you to access this Website. You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or with the Applicable Law.

Users must utilise the Website in a responsible, correct and lawful manner and, in particular, refrain from the following activities, this is for example only and should not to be considered an exhaustive list:

• using the Website in a way or for purposes that are unlawful or immoral,;
• reproducing, distributing, or allowing public access through any form of public communication; transforming or modifying any aspect of the Website;
• performing any act that may be considered an infringement of any intellectual or industrial property rights belonging to us , or any third parties;
• using information of any kind obtained through the Website to send advertising, communications for direct marketing purposes, or for any other commercial purpose; unsolicited messages addressed to a number of people, regardless of their purpose; or otherwise selling or disclosing said information;
• fraudulently impersonating the identity of others in your use of the Website, or in the use of any of the services offered through the Website, including the use of passwords or codes of third parties, or in any other way.

Disclaimers and Exemptions

(a) Information on the Website:

 

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

(b) Third Party Sites:

 

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those Websites or resources.

 

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

(c) Bugs and Viruses:

 

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Modification of Terms of Use

We reserve the right to modify, update or revise these Terms of Use (including the General Contracting Conditions), Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time.

Our Liability to You

Whether you are a consumer or a business user:

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our General Terms and Conditions.

 

If you are a business user:

 

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or
use of or reliance on any content displayed on our Website.

 

In particular, we will not be liable for loss of profits, sales, business or revenue, anticipated savings, business opportunity, goodwill, reputation or any indirect or consequential loss.

 

If you are a consumer user:

 

You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Applicable Law

These Terms of Use their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

  

General Conditions of Packlink's Services

1. Definitions

The following terms shall have the meanings set out below:

Applicable Law: the law of England and Wales.

Business Day: a day when the banks in London, England are open for business.

Collection Point: Locations, usually shops or commercial premises, where the Sender can leave the Goods and/or where the Recipient can pick them up.

Commercial Invoice or Pro-Forma/Dispatch Authorisation: The documentation that must be attached to the Goods, only in cases of export/import outside the EU

Customs: the customs and excise authorities in a relevant jurisdiction.

Delivery Site: The address to which the Transport Agency must deliver the Goods; for Drop-off services, referring to the Collection Point to which the Recipient must proceed in order to receive the Goods.

Force Majeure:  acts, events or circumstances beyond Packlink’s reasonable control.

Good(s): items which are transported.

Packlink: Auctane, S.L.U.

Packlink Help Center: communication channel with Packlink for service consultations, management or service.

Personal Data:  data as defined in the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018 (the “Data Protection Laws”).

Pick-up Site: the address at which the Goods must be picked up by the Transport Agency; for Drop-off services, referring to the Collection Point to which the Sender must take the shipment for it to commence its transit.

Recipient: Individual or legal entity that receives the Goods through a Transport Agency contracted through Packlink.

Remote Areas: those towns with a population of less than 10,000 registered inhabitants, and those that, regardless of their population density, are more than 50 km from the site of the nearest Transport Agency.

Sender: Individual or company that delivers the Goods to the Transport Agency at the time of collection for shipment.

Service: Packlink’s on-line package despatch search engine which connects Users and Transport Agencies.

Shipment: Dispatch of one or more packages, collected at the same point of origin, and delivered to the same destination, on the same date and time, and with the same Transport Agency.

Shipping Label and Address Sheet: The documentation that must be attached to the Goods.

Transport Agency: Collaborating partners of Packlink which are listed on the Website.

User: any individual consumer or business user of the Services. who have registered with PayPal and created an account with Packlink through accessing the Website..

Website: https://paypal.packlink.com/co.uk 

2. Interpretation

 

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

 

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

(c) A reference to writing or written includes e-mail.

 

 

3. General

 

(a) These General Conditions expressly govern the relations arising between Auctane, S.L.U., with CIF B83357863, on file in the Mercantile Registry of Madrid, Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, domiciled on the Paseo Imperial, 14, 28005, Madrid, Spain (hereinafter, Packlink) and the User who purchases the Services offered through the Website.

 

(b) Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the Website, Users can check the prices that different Transport Agencies offer for shipments and contract with the Transport Agency that best suits their needs on-line.

 

(c) Each User shall then enter into its own contract with the chosen Transport Agency. Packlink does not have any control over, and disclaims all liability that may arise in contracts between a User and a Transport Agency

 

(d) Users can use the Website to track the status of their order at any time, based on information provided by the Transport Agencies. The pick-up date and time chosen by Users are not guaranteed for all services or Transport Agencies. The User can check whether the service is guaranteed by the Transport Agency at the time of purchase.

 

(e) By purchasing the Services, the User accepts without reservation the General Conditions and the Website Terms of Use, as well as any Particular Conditions that may be applicable

 

(f) The procedures for using the Services are described in these General Conditions, as well as specific terms indicated on the screen during browsing (together the “Conditions”). The Conditions apply to the exclusion of any other terms that the User seeks to impose, or which are implied by trade, custom or course of dealing.

 

(g) The User shall be deemed to have notice of and accept the Conditions if and as soon as he or she places an order through Packlink.

 

(h) Any modification and/or correction of the data provided by Users during browsing must be carried out in accordance with the instructions on the Website.

 

 

4. Terms and Conditions of the Transport Agencies

 

(a) For the delivery and pick-up of the Shipments, the terms and conditions of each of the Transport Agencies shall apply. These terms and conditions may be viewed on their respective webpages of each Transport Agency.

 

(b) The User automatically accepts these terms when booking the Shipment.

 

(c) Save as set out in Section 4 (d) below, in the event of a discrepancy between the information on the Website and on the webpages of the Transport Agency with respect to delivery and collection, the terms and conditions of the Transport Agency shall always prevail.

 

(d) In the event of a discrepancy between the compensation information on the Website, and on the webpages of the Transport Agency, the information on the Website shall prevail in relation to the Service.

 

 

5. Contracting Process

 

A. Required User Information

(a) The User wishing to use the Service must provide the following information:

• Address of the Sender (including postal code and/or city);
• Address of the Recipient (including postal code and/or city);
• The details (weight, length, width and height) of the Goods in the “Webpage” section in relation to the Service, called "Creation of a Shipment".

The User may then start searching for a Transport Agency.

(b) Packlink, after receiving this request, compares the rates offered by the Transport Agencies, with a view to meeting the specifications communicated by the User and gives the User a list of available transportation services, organised according to various criteria, for example  price, time and the name of the Transport Agency.

 

(c) Packlink will inform the User of teach Transport Agency’s material characteristics (such as the need to have a printer to continue with the generation of the shipping document, whether payment upon delivery service is available, or compensation coverage offered). More details about the selected shipment can be found through an accessible drop-down menu by clicking on "Details".

 

(d) The User may place an order with a Transport Agency by clicking on the "Purchase" button.

 

(e) The User is then re-directed to a new page on the Website where he or she can check the compensation coverage offered by Packlink and enter additional information relating to the Shipment for example:

 

• "Personal Data" (name and email address - when, chosen by the user, the details of the Shipment will be sent);
• The "Contents of the Shipment" (contents of the shipment and the value of the Goods); and
• The "Discount Coupon" code (if any).
• The choice of contracting the payment-upon-delivery service.

Before proceeding to the next step, the User must read and expressly accept the general transport conditions of the chosen Transport Agency, accessible through a hyperlink in the "Contents of the Shipment" section. The User must also accept these General Conditions and the Privacy Policy of the Website, and declare that he has read the list of Prohibited Items.

On the next page, the User shall indicate:

• The "Date of Shipment Delivery" (date and time);
• The mandatory "Pick-up Information" (name, e-mail address, telephone number and address, zip code, city, province or state and country are automatically taken from the information previously entered);
• The optional "Pick-up Information”;
• The mandatory "Delivery Information" (name, phone number and address, zip code, city, province or state and country are automatically taken from the information previously entered);
• Optional "Delivery Information".
• In cases of office-office or office-home shipments, it is not necessary to indicate the office to which it will be delivered. At the destination, however, it is necessary to indicate at what office it will be picked up.

After entering all the above information, the User, selecting "Go to Payment", is redirected to the page for "Confirmation and Payment". In particular, the User will see:

• the "Shipment Details" (place of departure, place of delivery, date of dispatch, service, contents, shipment, compensation);
• a choice of payment method: between PayPal or Credit Card, and then enter the information relative to his PayPal account (email address and password) or Credit Card (number, expiration date [month and year], security code) on the next page.

After payment, the User will see:

• the confirmation of the purchase of the Service with the relevant data (Transport Agency, date of receipt, shipping number, delivery address and Customs invoices, where applicable);
• the indication of the documents to be printed before accepting the delivery (shipping document and address labels already provided in PDF format).
• The User can download the invoice by clicking on the Billing section.
• After these steps, he is emailed the confirmation at the previous address, containing all the details of the order, as well as the link through which he can access the printing of the labels to be attached to the shipment.
• After purchasing the shipping service, and having obtained the shipping number, the User, through "Tracking of the Shipment", accessible on the Website, can search for the shipment and verify its status. The User must at all times go to packlink.com, using the email address he provided when registering on the Website. . Packlink cannot identify users who use email accounts other than those indicated on the Personal Information form.

 

• After purchasing the shipping service with the Transport Agency, and having obtained the shipping number, the User can track the Shipment through the “Tracking of the Shipment" tab on the Website, The User must use the e mail address that he or she has registered on the Website. Packlink cannot identify Users who use different e mail addresses.

B. Ancillary functions provided by Packlink

i. File with multiple Shipments Section in which the User can place in one file several Shipments at the same time, issuing a consignment note, or similar document/s, to replace it for each of the different Shipments.

It should be borne in mind that the transport contract entered into between the User and the Transport Agency may have as its object a single Shipment, or a series of them.

ii. Integrations for Online StoresPacklink.PRO offers users the ability to integrate modules from different stores, the purpose of these integrations being to enable one to contract Packlink.PRO for the transport of orders generated in the User's store

C. Pick-up Site of Goods

(a) Packlink will confirm that the relevant Transport Agency has accepted the User’s request, and the date and time chosen for the collection of the Goods by a courier provided by the Transport Agency. If the Sender chooses the drop-off service, he or she must leave the Goods at a Collection Point.

(b) The rescheduling of the new Pick-up Site must be handled directly with Packlink, through the PayPal Shipping Help Center.

(c) Users should request a receipt, pick-up slip, or consignment note from the Transport Agency that collects the Goods. Claims without a collection slip will not be accepted, as there is no proof that the Transport Agency has actually picked up the Goods.

(d) Shipments to and from Remote Areas, both domestic and international, may be subject to delays, returns, and service cancellations.

 

D. Delivery of Goods

(a) Deliveries will be made to the address indicated by the User on the relevant Shipping and Address Sheet. If the Shipment cannot be delivered to the Recipient, the Transport Agency may leave a notice for the Recipient, in order for such Recipient to reschedule the delivery, and will transport the Goods to its warehouse (if it has a warehouse).

 

(b) The terms of delivery for the respective Transport Agency will apply; for example if the Recipient is not at home, the carrier may leave the Goods at another address, such as that of a neighbour, or at a Collection Point. It is the User’s responsibility to access the Website to track the Goods and to notify the Recipient.

 

(c) When a Shipment is refused at the destination or for any other reason the Transport Agency cannot deliver the Shipment, Packlink will inform the User of the circumstances preventing delivery as soon as possible, through the tracking section of the Website, or, if this is not possible, by e mail. The User must reply to Packlink in writing within two (2) Business Days from receipt of the aforementioned notification, indicating whether the User wants to recover the Shipment, or that it be sent to alternative Pick-up Point.

 

(d) If the User doesn’t notify Packlink within the aforementioned period, then the Shipment will be handled according to Applicable Law, depending on the nature and type of the Shipment. In this case, the User will be responsible for the following costs: (i) any additional fees; (ii) postage; (iii) any additional expenses and costs incurred.

 

(e) Except for services featuring Guaranteed Delivery, all delivery times shown on the Website are approximate, and based on information from the relevant Transport Agency. Users are advised to review the terms and conditions of the relevant Transport Agency before agreeing to use it.  At times the delivery of the Goods may be delayed for reasons beyond the control of both Packlink and/or the Transport Agency (see Section 16 below). All transit times are based on hours during Business Days.

 

(f) Small Shipments: With respect to the collection or distribution of a small number of packages (maximum 5 packages, maximum weight per package 30 kg.), and that can be easily handled by a person, without requiring any assistance other than the machines or tools in the vehicle used, the costs of all loading and unloading operations will be borne by the Transport Agency.

 

 

(g) Large Shipments: With respect to Shipments that require extraordinary or special means for loading and/or unloading, the User accepts that the delivery may be made outside the Recipient’s property or left for pick-up by the Recipient at the Transport Agency's warehouse closest to the Recipient’s address. The Goods will be stored at the relevant warehouse for at least two Business Days. User may request Packlink’s cooperation with the delivery of large Shipments subject to an additional charge. The User must authorise any additional charges before Packlink will mobilise any vehicle.

 

(h) Po Box: Packlink does not allow deliveries to a PO box.

 

 

6. Packlink’s Obligations

 

(a) Packlink is responsible for organising the pick-up and delivery of the Goods through the Transport Agency chosen by the User. Packlink does not directly handle the Goods. It is responsible only for managing the Shipment through the relevant Transport Agency.

 

(b) Packlink will process all claims and queries from the User with regards to the order, provided that they are made in writing using the same e-mail account that has been registered on the Website. Users will receive their response to the complaint/inquiry via the same channel. For more information, see Section 14: "Claim Management".

 

(c) Each Transport Agency and/or Packlink have the right to refuse any Goods for any reason, including but not limited to, (i) the absence of packaging in accordance with the Packaging Guide; (ii) the Goods exceed the dimensions and weight recorded in the order on the Website; and (iii) if the Goods fall within the following list (see List of Prohibited Articles).

 

7. User’s Obligations

 

(a) The User warrants, undertakes and represents that:

 

(i) All Shipments must be properly packaged and protected for transport, observing the Packaging Guide, so that the Shipment will not be lost or damages whilst being transported or cause injury or damage to any person, property or goods. Complaints about the Goods when the Packaging Guide has not been observed will not be accepted (regardless of the terms and conditions of the Transport Agency’s website).

(ii) The Shipping Label and Address Sheet on the Shipment includes the full details of the Recipient;

(iii) All Shipping Labels, Address Sheets and Commercial Invoices (if needed) are securely fastened.

(iv) The Goods are not subject to any licences, permits, certificates, restrictions, or anti-dumping, or breach any law or regulation.

(v) The Goods are not destined for any country, company, organisation or individual that is subject to any export control, denied party or embargo list.

(vi) Each Shipment complies with the weight and measurement that the User recorded in the original order to the Transport Agency through the Website (unless such details have been amended in writing).  For more information about parcels size and dimensions visit: Parcel sizes.

(vii) He or she has accurately recorded the value of the Goods on the Shipment documentation

(viii) All data supplied by the User is accurate, complete and identical to the data provided to the Transport Agency; and

(ix) He or she will provide the necessary documentation for the processing of claims within the periods indicated in Section 14: Claim Management; and

(x) He or she must have the consent of any third party (including, but not limited to the Recipient) to provide their Personal Data to Packlink, The User will indemnify Packlink for any loss or damages it suffers as a result of a breach of this warranty.

 

(b) A failure to meet any of warranties above could mean that the Shipment is subject to delays, returns, or is detained. Packlink will not issue any refunds for shipment costs incurred, and the User will be responsible for all expenses incurred until the cancellation of the order or return of the Goods to the Pick-Up Site.

 

(c) In addition, the User will be liable for and shall indemnify Packlink against any claims for losses or damages caused by the Goods to other Shipments during transit if such damage occurs as a consequence of the relevant Shipment not meeting the terms of the Packaging Guide.

 

(d) The User understand that, if he or she breaches the warranties in this Section, and/or the conditions of the chosen Transport Agency, neither Packlink nor the Transport Agency will not bear any responsibility for any expenses, costs, losses or damages that may arise.

 

8. Prohibited and/or Damaged items

Any Goods which are on the list of Prohibited Items cannot be sent through the Service

(a) It is the User's responsibility to verify that the item is not included on the Prohibited Items Goods appearing on the list of Prohibited Items may not be picked up, may suffer delays, be returned, or confiscated by local Customs authorities. In the event that, without the knowledge of the Transport Agency and/or Packlink, a Prohibited Item is shipped, the User will not be entitled to a refund for the costs of the Shipment of such Prohibited Item(s), or any other claim.

 

(b) If the Transport Agency collects Goods on the list of Prohibited Items, Packlink is entitled to charge an additional fee to cover its losses.

 

(c) It is the User's responsibility to be aware of the terms of the relevant Transport Agency, or to pose questions through the Packlink Help Center, to ensure that the Goods are going to be accepted.

 

(d) If Goods are damaged when collected by the transport Agency at the Collection Point, to the extent that they cannot be transported, the Transport Agency may retain the Goods for collection by the User. If the Goods cannot be retained, for safety or sanitation reasons, the Transport Agency may decide to destroy them, without prior notice and will not be liable for any losses.

 

9. International Transport and Customs

 

(a) Packlink has no control over the fees or taxes that may arise or apply in countries outside of the United Kingdom with respect to the Shipment. The User is responsible for finding out whether there are taxes, charges or other payments imposed by Customs (the “Customs Charges”) in the destination country.

 

(b) Packlink offers advice in the FAQ section in relation to Customs Charges.  This information is only for guidance only and the User should seek independent advice.

 

(c) The User or the Recipient must take responsibility for all Customs Charges. If either party fails to do so, Packlink will charge the User for all Customs Charges. Some countries apply a surcharge for the destruction/abandonment of the Goods, and the User will also be responsible for this charge.

 

(d) For Shipments that require delivery outside the European Union, the User accepts that they will exclusively be “definitive exports”, and not ”temporary exports” as these terms are defined by the Organisation for Economic Co-operation and Development.

 

 

(e) The User must attach a Commercial Invoice, or Pro-Forma (if the Goods have no commercial value), in English. These include a precise description of the Goods, as well as the reason for the export. A surcharge can be applied, or the Shipment could be returned, confiscated or destroyed if these details are incorrect. The User will be responsible for paying this surcharge.

 

(f) In certain cases, the User must also attach to the shipment an original Dispatch Authorisation, correctly filled out and signed. This document will be made available to the User upon confirmation of the order with the Transport Agency. Neither Packlink nor the Transport Agency can guarantee that the Shipment will clear Customs in the destination country if the Dispatch Authorisation is not properly attached to the Shipment.

 

 

(g) If the User does not declare the correct value of the Goods, Packlink will not be responsible for any charges that may arise as a result of such incorrect information.

 

(h) Shipments with a value in excess of four thousand eight hundred and fifty six (4,856.00) GBP could suffer delays, as they require additional paperwork for their dispatch. Packlink does not advise making Shipments whose value exceeds this amount,

 

10. Payment

 

(a) Packlink’s charges for the Services shall be payable by the User and, in certain circumstances Packlink shall also have the right to demand payment from the Sender (if different from the User) or the Recipient. In these cases, the User shall be responsible for ensuring that payment is made.

 

(b) The User is responsible for paying Value Added Tax (VAT) and any other duties, tax, levies, custom assessments, fines or other penalties and costs, claims and expenses (including administrative costs) incurred by Packlink as a result of providing the Services.

 

(c) the payment methods accepted on the Website are:

• Credit or debit card: Visa, MasterCard.
• PayPal Account.

(d) The User can choose deferred payment, grouping billing every 15 days. This option may be requested in “Account Settings” in the Payment Methods section of the Website.

 

 

11. Deferred Billing

 

(a) Packlink makes available to companies and freelancers the option of making grouped payments for its services via direct debit. For this, the User must contact Packlink and send the necessary documentation to set up a Deferred Account. Once approved by the corresponding department, the User will have access to the new payment method.

(b) A User with deferred payment undertakes to generate a minimum billing of thirty (£30.00) GBP biweekly, such that, in the event that the billing cycle has elapsed, and this amount has not been reached, Packlink reserves the right to cancel the deferred billing. Packlink generates 2 monthly billing cycles, the closing date of which is the 15th, and last day of each month, collecting via direct debit the business day after the invoice is issued.

(c) In the event that a customer’s charge is rejected, Packlink may hold him responsible for the financial expenses incurred as a result. Non-payment by the User of invoices issued will entail cancellation of access to the deferred account and deferred payment.

 

12. Additional Charges

You may be liable to pay us for additional costs we incur as a result your failure to comply with these Terms. These will vary depending on the circumstances. Please see additional charges.

 

(a) Packlink has no control over additional charges imposed by the Transport Agencies (the “Additional Charges”).

 

(b) The User understands that Packlink is authorised to charge and collect all Additional Charges automatically using the same payment method as the User specified for payment of the Service (in Section 10) and the User will receive an email informing him or her of such Additional Charge.

 

(c) All Additional Charges will be applied based on Packlink's published rates, without applying any discounts that the User may be entitled to.

 

(d) The Additional Charges will be generated when the Transport Agency reports the amounts. Packlink may impose the Additional Charges within twelve (12) months of the commencement of the Service.

Additional Charges may apply in the following circumstances:

(a) Declared Weight/Volume Discrepancy

If the Shipment is of a weight or volume greater than the details which are declared at the time of the Shipment, it could be retained, delayed in transit, and/or delivery, or be returned to the Pick-Up Site. In such cases, Packlink will charge the User for any Additional Charges.

(b) Failed Collection

If the Goods are not ready for collection at the Pick-Up Site, a surcharge will be charged for a "Failed Pick-up". This surcharge will be at least £1.75 and up to £13.25 plus VAT, depending on the Transport Agency’s terms.

(c) Address Changes

A change of address is any change to the Pick-Up Site or Delivery Site after the details of the Shipment have been entered.   This Additional Charge may also be applied due to a lack of data in the relevant shipping documentation This Additional Charge will be at least £1.75 and up to £13.25 , plus VAT, depending on the Transport Agency’s terms. If the delivery must be made in a different postal code, even within the same city, this constitutes a re-dispatch, rather than a change of address, The Additional Charge in in this case, would be the same as for the original costs of shipment.

(d) Additional Deliveries

If the Transport Agency has exhausted the planned delivery attempts for the type of service and in accordance with its terms (in most cases first and second attempts at delivery are free of charge), any additional delivery attempt shall entail an Additional Charge that can range from  £1.75  to a maximum of £4.40 + VAT, depending on the terms of the relevant Transport Agency.

13. Discounts

Packlink may send discount codes by email to its Users and contacts who have authorised commercial communications. The following conditions apply to all discount codes: (i) No more than one discount code can be used applied to the same Shipment; (ii) once the discount code has expired, it cannot be exchanged for any other discount code on the Website; and (iii) discount codes can never be exchanged for money.  There may be further conditions attached to specific discount codes issued on the Website.

 

 

14. Claim Management

a. Packlink’s Limitation of Liability

(a) Packlink’s liability (whether in contract, tort, negligence or otherwise and howsoever arising) for the loss, theft or damage to any Goods and/or any other matter under or in connection with these Conditions shall, unless the User has chosen enhanced compensation cover as set out in Section 15 (b) be limited to £25.00 for all Hermes delivery services (twenty five GBP) and to £60.00 for UPS, DPD and DHL delivery services (sixty five GBP), whereas Hermes Postable service does not include standard compenation. Packlink shall under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or indirect or consequential loss.

 

(b) Nothing in the Conditions shall limit or exclude Packlink’s liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors, or for fraud, fraudulent misrepresentation or for any other matter for which it is unlawful to exclude or limit liability.

 

b. Process for making a Claim

(a) Users may file claims through the Packlink Help Center and should always complete a written claim form.

 

(b) All claims for Damages to Goods must be initiated within 7 calendar days from the delivery date, which will be calculated from the day following their delivery.

 

(c) If the damage to the Goods is evident, the Recipient must register his complaint at the time of delivery on the delivery note, consignment note or the carrier's PDA (tablet). The Recipient should record on the delivery note that he or she has received the Goods with "With Damage". If the delivery receipt indicates that the Goods were delivered without any complaint being registered, the User’s claim for apparent damages may not be processed.

 

(d) The User must ensure that the Recipient keeps the Goods and its packaging, so that they are available for an expert assessment, unless Packlink provides written instructions to the contrary. The Goods must be available for inspection in the state in which they were delivered to the Delivery Site. If the items have been tampered with, repaired, or if the packaging has not been conserved, the claim will be rejected.

 

(e) In the event of delayed transit or parcel loss the User must make his or her claim within twenty-eight (28) calendar days from the dispatch date of the Shipment.

 

(f) In the case of Shipments that are lost, the claim will only begin to be processed once the Transport Agency has categorised the Goods as a "Loss" after conducting searches of their warehouses. This search and declaration of loss process by the carrier usually lasts up to thirty (30) days from the scheduled delivery date The User agrees to co-operate with the Transport Agency and provide all information that is reasonably requested.

 

(g) Packlink, after having received the claim, will request documentation proving the damage or loss. The following are essential requirements to file a claim:

1. Loss Form (after the Customer Service Department has received the claim it will give the User access to it)
2. Transport Agency delivery note signed by the courier (save for exceptional cases).
3. Commercial invoice (purchase/sale) of the Goods transported, or receipt. This should always feature matching data between the Sender and Recipient; if the User is not the sender of the Goods, a document must be provided indicating the relationship between the relevant parties.
4. In the event of breakage, images of the Goods and the outer and inner packaging, as well as the contents and obvious damage (cracks in cases, for example) upon receipt:
5. Photograph of the damaged goods in their entirety: the photograph must show the damage in its entirety and not just a close-up, or part of it. If the damage is not noticeable in a general image, it will be necessary to add an additional image of the article in which it is visible. If more than one damaged item is found, the image should include a grouping of all the items.
6. Photograph of the outer packaging, including the label of the Transport Agency: the photograph must show that the shipment was made using the Transport Agency and that the claim corresponds to the shipment contracted. The photograph must be taken at a distance such that the shipping label is visible.
7. Photograph of the Goods with their inner packaging: the photograph should show that the packaging used protected the contents during transport.
8. Damage repair budget, if applicable; and
9. Delivery note with comments by the Recipient, in cases of damage.

If any of the aforementioned documents are missing, the claim will be incomplete and, therefore, will not be processed.

(h) The User hereby confirms his or her understanding that:

1. Confirmations of payment or collection through platforms such as Paypal, or Marketplace will not be considered as proof of the value of the Goods.
2. In the event that a damaged Goods cannot be repaired, the User must provide proof from an expert.
3. Each User who submits a claim is responsible for dealing with his or her own insurers.

(i) Once the claim is being processed, the periods for the submission of the required documentation are as follows:

Lost goods: twelve (12) months from the date of the collection of the Goods from the Pick-Up Site.

Missing contents: Photographs to be sent within two (2) months of the date of the delivery of the Goods to the Delivery Site. Other documents: twelve (12) months from the date of collection of the Goods from the Pick-Up Point.

Damages: Pictures, to be sent within two months from the date of the delivery of the Goods. To the Delivery Site Other documents: twelve (12) months from the date of collection of the Goods from the Pick-Up Point..

(j) The period for resolution of a claim for loss or damage may take a maximum of ninety (90) days. This period will begin when the file is complete and is conveyed to the Insurer.

(k) Packlink will issue a settlement letter to the User and will transfer the agreed amount to the User’s nominated bank account. If the Goods are recovered after the User has been compensated, he or she is obliged to return the compensation to Packlink via bank transfer.

 

15. Compensation 

(a) Packlink provides compensation coverage to the amount set out in Section 14 (a) (Limitation of Liability) for (i) loss, theft or obvious damage, indicated on the delivery note; and (ii) non-apparent damage, provided that an expert assessment determines that it was caused during the transport of the Goods unless any of the following exclusions apply: (i) the Goods transported are on the Prohibited or Restricted Items List, (ii) the Goods have suffered damage due to insufficient packaging; (iii) the User has not followed the correct procedure for bringing a claim under Section 14; or (iv) the User has not paid for the Service.

 

(b) If the User desires additional cover of the total value of the Goods, up to a maximum of £1000.00 (the “Enhanced Compensation Cover”) he or she must specify this when ordering the Services. If the User does not purchase Enhanced Compensation Cover, only standard compensation will be offered and the compensation amount will be limited to £25.00 for all Hermes delivery services (twenty five GBP) and to £60.00 for UPS, DPD and DHL delivery services (sixty five GBP). The Hermes Postable service does not include standard compensation, therefore for this service the user must always purchase enhanced compensation.

When a User chooses additional coverage, this refers to the total Shipment d, regardless of the number of packages that the Shipment includes. In the event of loss, compensation will be for the maximum coverage amount claimable, pending documented justification of the value of the Goods in question.

The User is responsible for indicating the amount insured, which must be substantiated presenting invoices of the Goods in the event of a claim. The insurance company may invoke underinsurance if the claimant has not taken compensation covering the actual value of the Goods,:

Example:

Lost Parcels

Amount Insured: £220.70

Loss Amount: £301.20

Actual amount of the Goods: £301.20

Percentage to be applied of the Value Insured: 73.28%

Amount to be paid out: £161.76

Damaged Goods

Amount Insured: £264.88

Loss Amount: £220.70

Actual Value of the Goods: £529.77

Amount to be paid out: £110.37 (Amount Insured x Amount of Damages/Actual Value of the Goods)

The additional coverage excludes damages and/or losses involving used goods, these being understood as any Goods with an invoice date from 60 days prior, or more, unless additional second-hand compensation is contracted, as per Section 14.c.ii.below

In cases in which the client hires coverage of shipments of more than one package, it must be taken into account that the insurer will calculate the average value per piece; thus, if a shipment containing 2 packages is insured for £1000.00, the client understands that the maximum per-piece compensation is £500.

ii. Additional Second-Hand Compensation Coverage

Users who are sending second-hand Goods–that is, any Goods with an invoice date more than 60 days old– may take  coverage of up to £500.00 , for which they will choose the "Second Hand" option during the contracting process. The Insurer will demand, in all cases, a Sworn Statement of Value and Proof of Value in order to process the compensation.

ii. Items without compensation coverage

The following items, though their transport is not strictly prohibited, are not covered by any compensation, including coverage established under domestic or international legislation related to transport, or by the free compensation included in the price of the shipment, nor may they be insured by means of Additional coverage: List of items not eligible for compensation coverage.

iv. Packaging used

The User is responsible for ensuring that the packaging is adequate for the transport of the Goods. No claims will be accepted for Goods that do not comply with the Packaging Guide.

 

16. Cancellation of Orders

 

(a) All cancellation requests will be handled in accordance with our Cancellation Policy.

 

(b) Packlink may cancel, at any time and without notice, any Service to a User appearing on the "Denied Party" list published by the European Commission: (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm).In all cases the Customer Service Department will inform the User of the cancellation of the order.

(c) The User may cancel an order by e mail; and

(i) If the request for cancellation of the Shipment occurs before the Transportation Agency has started its journey to pick up the Goods, no penalty or compensation is payable, and the price of the fees will be refunded, within ten (10) Business Days of the date of the receipt of the cancellation.

(ii) If the request for cancellation of the Shipment occurs after the Transport Agency has collected the Goods at the Pick-up Site, but before the actual delivery of the Goods at its Delivery Site, Packlink does not guarantee the return of the Shipment, in any case, such that the User will not be entitled to a refund and will have to pay Packlink for the cost of the Goods being returned to the Pick-up Site or address indicated by the User; and

(iii) User cannot cancel the Shipment after the delivery of the Goods to its Delivery Site.

 

(d) Cancellations that are requested because the order was duplicated are free of charge

 

(e) The User may not make a claim under Section 14 if it has cancelled the Shipment, requested that it be halted, or sent back.

 

17. Waiver of Packlink’s Liability

Delays in the Service may occur for the following reasons and Packlink shall not be liable for such delays:

(a) Any Force Majeure event;

(b) Missing, inadequate or improper packaging of the Goods

(c) Incomplete information provided by User

(d) Shipments to and from Remote Areas, both domestically and internationally; and

(e) Incorrect and/or underreporting the weights or measurements of the Goods

 

18. Restricting User access to the Services

Packlink may, at any time and without prior notice and without incurring any liability, restrict the User's access to the Website and/or refuse to correspond with the User in any of the following circumstances:

(a) the User appears on the Denied Party list published by the European Commission. (http://eeas.europa.eu/cfsp/sanctions/consol-list/index_en.htm)

(b) there is a regulatory or legal change that limits Packlink's ability to provide access to it;

(c) there is a Force Majeure Event which entails Packlink shutting down the Website

(d) the User is in breach of these Conditions, and such breach cannot be rectified;

(e) the User is abusive towards Packlink or other users of the Website; and

(f) the User has violated these Conditions, Packlink’s Terms of Use or Privacy Policy.

 

19. Use of User’s Personal Data

 

(a) User provides Personal Data to Packlink in order for Packlink to provide the Services.

(b) If User is an individual, Packlink will act as a Data Controller, and if User is a company/business user, Packlink will act as a Data Processor and User is a Data Controller (as such terms are defined in the Data Protection Laws).

(c) Each party shall comply with its respective obligations as set out in the Data Protection Laws.

(d) Packlink may share Personal Data with the Transport Agencies and any other third-party sub-processors.

(e) The User has obtained all necessary consents from the Recipient as required under the Data Protection Law for the transfer of the Personal Data by Packlink in order to provide the Services.

(f) Packlink shall not be considered to be a Data Controller or Data Processor for any personal and/or sensitive data that is contained within a Shipment.

(g) In respect of any Personal Data to be processed by Packlink acting as Data Processor, it shall:

 

(i) provide appropriate technical and organisational measures in such a manner as is designed to ensure the protection of the rights of the data subject and to ensure a level of security appropriate to the risk;

(ii) ensure that any sub-processor that is engaged to process Personal Data by the Data Processor is subject to the data protection obligations that are similar to those applicable to the Data Processor under the General Conditions;

 

(iii) process the Personal Data only to perform its obligations under these General Conditions, or other documented instructions, and for no other purpose, save to the limited extent required by law;

 

(iv) On termination of the Services, at the Data Controller’s option, either return or destroy the Personal Data, save that the Data Processor may retain copies of such Personal Data for the minimum retention period required by law;

(v) Ensure that all persons authorised to access Personal Data are subject to obligations of confidentiality;

 

(vi) At the Data Controller’s cost, make available to the Data Controller all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and allow for audits conducted by the Data Controller, provided that any on-site inspections are performed only when strictly necessary and the Data Controller shall pay for such on-site inspections and agree to any confidentiality and security restrictions imposed by the Data Processor;

 

(vii) At the cost of the Data Controller, provide assistance to the Data Controller (insofar as it is possible to do so) in connection with any data subject access requests and ensuring compliance with Articles 32 – 36 (inclusive) of the GDPR;

 

(viii) Notify the Data Controller without delay of a security breach involving any Personal Data which Data Processor processes for the Data Controller; and

 

(ix) Maintain a record of its processing activities in accordance with Article 30(1) o the GDPR.

 

 

 

20. General

 

(a) Assignment and other dealings. Packlink may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions. User shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Conditions [without the prior written consent of Packlink).

(b) Entire Agreement: The Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Conditions, it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Conditions Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Conditions

(c) Variation: Except as set out in the Conditions, no variation of the Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

(d) Waiver. A waiver of any right or remedy under the Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

(e) Severance. If any provision or part-provision of the Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Section shall not affect the validity and enforceability of the rest of the Contract.

(f) Notices. Any notice given to a party under or in connection with the Conditions shall be in writing and shall be delivered by e mail pursuant to [the instructions for communication on the registration page of the Website]

(g) Third party rights. Unless it expressly states otherwise, the Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.

(h) Force majeure. Neither party shall be in breach of the Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

 

21. Applicable Law and Jurisdiction

The Conditions, any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

 

 

Last reviewed June 2019