1.1 Company details
Quality Parcel Services Limited, a company incorporated in England and Wales under company number 11442260 whose registered office is at 46 Rolle Street, Exmouth, Devon, England, EX8 2SQ. Our VAT number is 28069836. We operate the website www.qualityparcelservices.co.uk.
1.2 Contacting us
To contact us telephone our customer service team at 01392 874921 or e-mail email@example.com. How to give us formal notice of any matter under the Contract is set out in clause 18.2.
1.3 Professional indemnity insurance.
We maintain EU professional liability insurance. Our compulsory insurer is Portcullis Insurance Brokers Limited- Aviva Insurance Limited, and our policy number is RB51062.
2.1 Our contract
These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
We use DPD for all our current parcel services. DPD is one of the UK’s leading time-critical carriers and its terms and condition of business are incorporated in and form part of our Contract with you, with which you must comply as well as our terms and conditions. Click here to read DPD’s terms and conditions of business.
2.3 Other Carriers
We may add other carriers to our list over time. When we do so, we will amend these terms and conditions to include the terms and conditions of any such carriers so that they will also form part of our Contract with you.
2.4 Entire agreement
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
These Terms and the Contract are made only in the English language.
2.6 Your Copy
You should print off a copy of these Terms or save them to your computer for future reference.
3.1 Placing your order
Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors
Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order
After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order
Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your order
If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. In particular, the order process clearly sets out the type and kind of goods that we are prohibited by law from taking from you and you must read this list carefully. If you have any questions, you must phone us before your place the order. If you have already paid for the Services, we will refund you the full amount.
Both single use and bulk discounts are limited to the value or discount stated on our website under order. Bulk user discounts are always subject to review and will depend on the number and frequency of parcels you send.
Our Contract with you for the transport of goods provides for a specific delivery date or period of delivery. You do not have any right to cancel the Contract as soon as we have told you by email that we have accepted your order for our Services.
5.1 Descriptions and illustrations
Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.2 Compliance with specification
Subject to our right to amend the specification (see clause 5.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
5.3 Changes to specification
We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
5.4 Reasonable care and skill
We warrant to you that the Services will be provided using reasonable care and skill.
5.5 Time for performance
We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
(c) you provide us, our employees, agents, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require;
(d) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(f) you comply with all applicable laws, including health and safety laws;
If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
Unfortunately, we are unable to perform the Services at addresses outside the EU.
You may place an order for the Services from an address outside the EU, but the order must be for performance of the Services to an address in the EU.
In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 8.
The Charges are the prices quoted on our site at the time you submit your order.
If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 8.7 for what happens if we discover an error in the price of the Services you ordered.
Our Charges may change from time to time, but changes will not affect any order you have already placed.
Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
Payment for the Services is in advance.
You can pay for the Services using a debit card or credit card. We accept the following cards:
All major credit cards with the exclusion of American Express.
We will send you an electronic automatic booking confirmation once your order is complete. This will be your proof of purchase of our services and also confirmation of the charges incurred.
If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 15 (Termination), you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 9.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
We shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy.
At Quality Parcel Services we will do our utmost best to provide you with the best service and care. If you are for some reason unhappy with our service our advisors are always happy to help. You can contact us by calling 01392 874 921, Monday- Friday 09.00am- 17.00pm or via email on firstname.lastname@example.org.
In order for us to help with your issue or enquiry promptly we will need the following details from you:
– Parcel Number
– Shipping Date
– Recipients details (name, address, email)
– A description of your complaint
– Your details (name, contact number, email)
We aim to deliver the best service to you at all times however, from time-to-time there can be an issue that our customers are dissatisfied with. We are committed to our customers and will do whatever it takes to investigate the situation and ‘make it right’.
We aim to deal with complaints as quickly and efficiently as we can.
Once we have your complaint we will look into all aspects of it and where things went wrong. We will keep in contact with you for the whole procedure and until the issue is resolved. We aim to resolve all complaints within two weeks.
All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £100.00 per claim. It reflects the extent of the insurance cover we have been able to arrange. WE ARE NOT LEGALLY LIABLE IN ANY WAY FOR ANY LOSS IN EXCESS OF THIS AMOUNT. Any loss you incur during the transit of your parcels may be covered by DPD’s terms and conditions of business and you should contact DPD for further details. However, you should refer to the limitation of liability clause in DPD’s conditions and you are responsible for making your own arrangements for the insurance of any excess loss.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 13.2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
Subject to clause 13.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 50% of the price you have paid us to deliver your parcel.
We have given commitments as to compliance of the Services with the relevant specification in clause 5.2. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire two months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
This clause 13 will survive termination of the Contract.
We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 14.2.
We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 28 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
When we refer to “in writing” in these Terms, this includes email.
Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered by email.
A notice or other communication is deemed to have been received if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
18.1 Assignment and transfer
(a) we may assign or transfer our rights and obligations under the Contract to another entity [but will always notify you [in writing or] by posting on this webpage if this happens.]
(b) you may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 Third party rights
The Contract is between you and us. No other person has any rights to enforce any of its terms.
18.6 Governing law and jurisdiction
The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.