PASS MY PARCEL: Our Terms Prior to 25 May 2018 1. THESE TERMS 1.1 This page (together with our Terms of Use, Privacy Policy and Cookie Policy Policy) tells you information about us and the legal terms and conditions ( Terms ) on which we sell any of the Services listed on our website (the Site ) to you. We endeavour to make the Site available at all times, but we will not be responsible where the Site is unavailable to you for any period of time. 1.2 These Terms will apply to any contract formed between us in accordance with clause 4.2 for the sale of Services to you ( Contract ). Please read these Terms carefully and make sure that you understand them before ordering any Services from our Site. Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked "Payment" on the "Review Basket" page if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our Site. 1.3 You should print a copy of these Terms or save them to your computer for future reference. 1.4 Every time you wish to order Services, the Terms in force at that time will apply to the Contract between you and us. Please check these Terms to ensure you understand the terms which will apply at that time. We may revise these Terms from time to time. Whenever we do we will give you notice by changing the relevant date at the top of this page. 2. INFORMATION ABOUT HOW TO CONTACT US 2.1 We operate the Site Pass My Parcel Send Service at www.passmyparcel.com. We are Smiths News Trading Limited trading as Pass My Parcel a company registered in England and Wales. Our company number is 237811 and our address is Rowan House, Cherry Orchard North, Kembrey Park, Swindon SN2 8UH. Our registered VAT number is 882 348 007. 2.2 To contact us for any reason please visit the Help & Support page of our website, where you can also find information about our complaints handling procedure. In the unlikely event that we are unable to resolve your complaint and if you are resident within the European Union we refer you to the following Online Dispute Resolution Platform: https://webgate.ec.europa.eu/odr. 2.3 If we have to contact you we may do so by telephone or by writing to you at the email address or postal address you provided to us in your Order. 2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 2.5 Under no circumstances should you make contact direct with our parcel carrier partner(s). You have entered into a Contract with us and therefore must raise all questions or concerns with us either via our Help & Support page or, if it relates to an accepted Order, via the My Account > Orders page of the Site. 3. DEFINITIONS 3.1 In these Terms: Delivery Address means the address which you ask the Parcel to be sent as specified in the Order; Charges means the charges that you must pay for the Services; Liability Limits means the liability limits set out in clause 18.1; Extended Liability means extended liability that you may purchase from us for an additional fee when you place your Order;
Goods means any goods contained within a Parcel; Label means the Pass My Parcel label which can be obtained from your email confirming your Order and Labelled shall be construed accordingly; Late Delivery means where we fail to meet the delivery estimate set out in the email confirmation of your Order by more than 5 days; Loss or Damage means any loss or damage to a Parcel or any Goods contained within it and Lost or Damaged shall be construed accordingly; Order means your order for the Services; Parcel means any package that you provide to us and we carry for you as part of our performance of the Services; Parcel Metrics means the weight, volume and/or size dimensions of a Parcel; Parcel Shop means a parcel shop within our network which is authorised to accept Parcels; Prohibited Item means Goods that we do not accept for carriage, including those items listed on the Site from time to time; Recipient means the person that a Parcel is addressed to, or any other person that accepts the Parcel at the Delivery Address on the Recipient s behalf; "Sanctions Authority" means: (a) the Security Council of the United Nations; (b) the United States of America; (c) the European Union; (d) the UK; and (e) the governments and official institutions or agencies of any of paragraphs (a) to (d) above, including the Office of Foreign Assets Control of the US Department of the Treasury, the US Department of State and Her Majesty's Treasury; Services means our carriage of a Parcel to the Delivery Address on your behalf; Trade Sanctions means any trade, economic or financial sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by a Sanctions Authority; Working Day means any day between Monday and Friday inclusive in any week, but excluding English bank or public holidays or any other days that the clearing banks are not open for normal business in the City of London; and Working Hours means 9am to 9pm each Working Day. 4. OUR CONTRACT WITH YOU 4.1 You may place an Order for Services by completing the required information on the Site and submitting your payment details in order to pay the Charges. Our order process allows you to check and amend any errors before submitting your Order to us. Please take the time to read and check your Order at each page of the order process. 4.2 When your payment has been accepted and your Order is confirmed, a confirmation screen will be displayed on the Site. We will accept and confirm your Order by sending you an email confirmation containing
an Order number. At this point a Contract will come into existence between you and us which will be legally binding on both parties. 4.3 If we are unable to accept your Order, for example because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price on the Site as described in clause 9.3, we will inform you of this and we will not process your Order. If you have already paid for the Services, we will refund you the full amount of the Charges as soon as possible. We reserve the right to reject any Order. 5. PARCEL REQUIREMENTS 5.1 You must ensure that the description of the Goods and the Parcel Metrics that you provide to us when you submit your Order is accurate. 5.2 You must ensure that all Parcels are correctly and securely packaged in accordance with our packaging instructions and are correctly addressed to a geographical postal address. PO Boxes and BFPO addresses are not accepted. 5.3 You must ensure that all Parcels have a Label securely attached. You must not use a Label more than once. Where you use a Label more than once we shall notify you of the cost of purchasing a new Label for the Parcel and you shall promptly pay this to us, together with an administration fee of 6. Where you do not pay us, clause 10 shall apply. 5.4 You must ensure that all Parcels comply with the Parcel Metric limitations indicated on the Site and with all applicable laws and regulations of the country for which the Parcel is both despatched and is destined, and that the Goods comprised in any Parcel are not subject to any licences, permits, certificates, restrictions or countervailing laws or regulations. We will not be liable or responsible if you breach this clause and you agree to indemnify us from all costs, claims, damages or expenses arising as a result of any such breach. 5.5 You will be responsible for the accuracy of all information and data about the Parcel supplied to us and you warrant that you own the Goods, or where you do not own the Goods, you are acting as the fully authorised agent of the owner of the Goods. You agree to indemnify us from all costs, claims, damages or expenses arising as a result of any breach of this warranty or your failure to provide accurate and complete information and data about the Parcel. 5.6 It is your responsibility to ensure that your Parcel meets the requirements set out in clauses 5.1 to 5.5 above and any other instructions that we may provide to you before you submit your Order. Where you fail to do so, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by your failure and we reserve the right to reject the Parcel or charge you for any additional costs we reasonably incur in performing the Services affected by your failure, including any costs of re-delivering, storage or returning the Parcel to you. 5.7 In relation to Parcels where the Delivery Address is outside of the European Union, please note that relevant authorities may impose a fine on you, seize the Goods and/or delay their release from customs if you import or export Goods with incorrect or missing information or data about the Parcel. Accordingly, you shall in relation to each of the Goods within the Parcel provide: (a) a clear and unambiguous description of each of the Goods; (b) a written notification in advance of any Parcels and/or Goods contained within a Parcel which are not standard or permanent exports (for example, temporary exports such as repairs that will be returned to the UK); (c) any information required by a relevant customs authority or Sanctions Authority, and where you fail to comply with these requirements, we reserve the right to (i) reject the Parcel or (ii) to hold the Goods pending receipt of any missing information or data about the Parcel from you or (iii) return the Goods to you (at your cost). 5.8 In relation to Parcels where the Delivery Address is outside of the UK you authorise us to complete (ourselves or by one of our delivery partners) any necessary documentation for the purpose of customs clearance, but also note that we are not legally permitted to complete and/or sign individual customs declarations as this is your responsibility.
6. UNAUTHORISED ITEMS 6.1 We are not required to carry any Parcel if such carriage would be unlawful in any way. You must not supply to us any Parcel that contains: (a) a Prohibited Item; or (b) any Goods which are illegal or the supply of which to the Recipient is illegal; or (c) any Goods the transport of which may breach any Trade Sanctions, (together Unauthorised Items ). 6.2 A full list of Prohibited Items can be found here. We reserve the right to update the list of Prohibited Items at any time. 6.3 We reserve the right to open and inspect any Parcel to ensure that it does not contain an Unauthorised Item and that it is capable of being transported to the Delivery Address in compliance with our procedures and all regulations and laws. 6.4 We reserve the right to reject any Parcel that contains an Unauthorised Item and destroy or return the Parcel to you (at your cost). Where we reject a Parcel we will inform you of this as soon as is reasonably practicable. 6.5 We may at any time impose additional restrictions on what Goods a Parcel may contain depending on where a Parcel is being delivered, and we reserve the right to reject any Parcel or return the Parcel to you (at your cost) for reasons of safety, security or your failure to provide an accurate manifest of the Parcel s contents or incomplete despatch or customs documentation as may be required. 6.6 Where you drop off any Parcel containing an Unauthorised Item to a Parcel Shop, or cause us or our parcel carrier partner(s) to handle an Unauthorised Item, we shall have no liability in respect of the Parcel and/or the delivery of the Parcel and you shall be fully liable for any and all loss or damage caused to us as a result of us handing the Unauthorised Item and shall indemnify us from all costs, claims, damages or expenses arising as a result of us handling the Unauthorised Item. We reserve the right, at our absolute discretion, to destroy or deal with the Unauthorised Item howsoever we choose. 7. DROPPING OFF A PARCEL 7.1 In order to allow us to provide the Services, you must comply with the following requirements: (a) ensure that the Parcel meets each of the Parcel requirements set out in clauses 5 and 6; (b) ensure that the Parcel does not contain any Unauthorised Items; (c) drop-off the Parcel at a Parcel Shop within 28 days of the date of the email confirmation of your Order; (d) do not abuse any of our staff or our parcel carrier partner(s) when dropping off the Parcel or otherwise communicating with us; and (e) obtain a receipt for the Parcel. 7.2 You must not send any more than 20 Parcels on any one day from a single Parcel Shop unless you agree a higher number with us in advance. Each Parcel must have its own Label (see clause 5.3). 8. PROVIDING THE SERVICES 8.1 In providing the Services to you, we will use reasonable skill and care. 8.2 When you drop off a Parcel at a Parcel Shop, we will scan the Label of the Parcel. This will produce a record as evidence of receipt of the Parcel into our network. This record shall not be conclusive evidence of:
(a) the condition of the Parcel; (b) the correctness of the quantity, weight, volume or dimensions of the Parcel; (c) the Parcel not containing any Unauthorised Items; or (d) the Parcel not being a Parcel that we do not accept for carriage. 8.3 We will begin the Services on receipt of the Parcel at a Parcel Shop. The estimated delivery date is as told to you during the order process and is set out in the email confirmation of your Order. Any timeframes specified by us at any time will be an estimate only and time will not be of the essence in the performance of the Services. 8.4 You acknowledge and accept that regulatory and customs clearances may be required in relation to certain Goods. This may extend the time that a Parcel is in transit, and could delay delivery. 8.5 As part of the Services we may provide a tracking facility which may allow you to track the progress of your Parcel. We are under no obligation to provide any such tracking facility and we do not provide any assurances or warranties regarding the accuracy or completeness of any tracking information provided which, where made available, is provided on an as is basis and for indicative purposes only. 8.6 We reserve the right to make all decisions regarding the provision of the Services, including the means and the timescales by which we transport a Parcel to the Delivery Address. 8.7 We will make a minimum of one attempt to deliver a Parcel to the Delivery Address during a Working Day. If we are unable to obtain a delivery receipt at the Delivery Address, you irrevocably agree that we may attempt to: (a) deliver the Parcel to a neighbour s address; or (b) deliver the Parcel to a safe and secure location at the Delivery Address (which shall include posting the Parcel through a letter box); or (c) deliver the Parcel to a local post office branch or collection point, provided that if any of the above alternative delivery methods is successful, we will leave at the Delivery Address details of the location to which we delivered the Parcel. 8.8 Where we are unable to deliver the Parcel in accordance with clause 8.7, we will return the Parcel to our premises and leave a note for the Recipient at the Delivery Address requesting they contact us to make alternative delivery arrangements to the Delivery Address. If the Recipient does not contact us to arrange alternative delivery arrangements within the timescales stated in the note we will attempt to return the Parcel to you at your cost. Such cost shall be payable by you before we re-deliver the Parcel to you. If we cannot return the Parcel to you (e.g. because we do not have a valid address or you fail to accept delivery when attempted) then we may dispose of the Goods or destroy them at your cost and charge an administration fee of 6. Before we do this we will hold the Goods at your sole risk. 8.9 The following items will form conclusive proof of delivery of a Parcel: (a) either the Recipient s signature on delivery or the Parcel having been posted through a letter box if the Parcel has been delivered to the Delivery Address; (b) a neighbour s signature if the Parcel has been delivered to a neighbour s address; or (c) a drop card if the Parcel has been left in a safe and secure location at the Delivery Address or has been delivered to a local post office or collection point. 8.10 When we have successfully delivered or returned a Parcel in accordance with clause 8.7 and/or clause 8.8, we will no longer be responsible for the Parcel. 8.11 In order to carry out the Services, we may need certain additional information from you, in which case we will write to you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and
clause 16.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 8.12 We may have to suspend the supply of the Services to: (a) deal with technical problems or make minor technical changes; (b) update the Services to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Services as requested by you or notified by us to you (see clauses 12 and 13). 8.13 We will contact you in advance to tell you where we may need to suspend supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract for the Services if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any Charges you have paid in advance for the Services in respect of the period after you end the Contract. 8.14 We are not a common carrier which means that we may refuse to carry the Goods at our discretion. We accept Goods for carriage only on these Terms. 9. PRICE AND PAYMENT 9.1 The Charges for the Services (which include VAT, where applicable) will be the amount indicated on the order pages of the Site when you placed your Order. You are responsible for ensuring that you have paid the appropriate Charges before you submit your Order. We will take all reasonable care to ensure that the Charges advised to you are correct. However please see clause 9.3 for what happens if we discover an error in the Charges for the Services you order. 9.2 We reserve the right to vary our Charges but such changes will not impact any Order that we have accepted. 9.3 It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your Order so that: (a) where the Services correct price is less than the price stated on our Site, we will charge the lower amount. However, if we 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 end the Contract and refund you any Charges you have paid; or (b) where the Services correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will treat your Order as cancelled and we will not process your Order. If you still wish to purchase the Services, you may choose to re-order the Services at the correct price. 9.4 You must pay online at the time of submitting your Order. We accept payment with debit card and credit card. 9.5 Where the actual Parcel Metrics of a Parcel dropped off to us exceed the Parcel Metrics specified in your Order, we reserve the right to charge a surcharge together with an administration fee of 6. 9.6 If in performing the Services we are required to pay to any third party any duty, tax, customs assessment, fine, penalty or levy ( Additional Charge ) on your behalf we shall notify you of this and you shall promptly repay to us such Additional Charge, together with an administration fee of 6 for each payment we are required to make on your behalf. For the avoidance of doubt, we shall not be responsible for any local customs charges, duties, import taxes, levies or similar charges incurred through our carriage and/or delivery of the Parcel. You must satisfy yourself as to whether such charges may apply to the delivery of your Parcel before placing your Order. 10. PROMOTIONAL ACTIVITY We may carry out promotional activity such as the offer of discount codes from time to time. Where we do:
10.1 any offer will be subject to availability and we reserve the right to alter, amend or foreclose it without prior notice; 10.2 discounts will only be available for Services purchased directly on the Site and will be applied to the Charges (ex VAT); 10.3 promotions or discounts may be for a single use or unlimited use during a time period depending on the terms of the relevant promotion; 10.4 individual discount codes cannot be used in combination with another offer or discount code; and 10.5 any refund requests on Orders placed using a discount code shall only receive the Charges paid for the relevant Service, not our current advertised Charges, by the method you used for payment. 11. OUR RIGHTS OVER THE GOODS AND YOUR INDEMNITY 11.1 If you owe us any money (including any Additional Charge and any administration fees), we are entitled to keep your Parcel and the Goods inside it, at your sole risk, until you pay us such monies. 11.2 Where you do not pay us any monies owed within 14 days of the date that we remind you that payment is due, we may at our absolute discretion: (a) sell your Goods and deduct from the proceeds of sale any monies owed to us and the expenses of such sale, and then return to you the balance (if any) remaining after such monies are deducted; or (b) destroy your Goods. 11.3 You agree to indemnify us and keep us indemnified against any and all losses, damages, costs and expenses that we incur arising out of or in connection with: (a) your breach of these Terms or any Contract; (b) any Additional Charge or other sum of money owed to us pursuant to these Terms; and (c) any liability that we incur in relation to any sales or other taxes arising from the Goods and/or the Parcel being delivered in accordance with clause 8.7. 12. EVENTS OUTSIDE OUR CONTROL 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 12.2 If an Event Outside Our Control takes place that affects the performance of our obligations: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new estimated delivery date with you after the Event Outside Our Control is over. 13. YOUR RIGHTS TO MAKE CHANGES If you wish to make a change to your Order please contact us at any time prior to dropping off your Parcel at a Parcel Shop. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the Charges, the timing of supply or anything else which would be necessary as a result of your
requested change and ask you to confirm whether you wish to go ahead with the change. Where the change involves a change in the Charges, we will notify you of this in writing. 14. OUR RIGHTS TO MAKE CHANGES We may change the Services: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat, and we will notify you of such changes. 15. YOUR RIGHTS TO END THE CONTRACT 15.1 You can end your Contract at any time. Your rights when you end the Contract will depend on the Services you have bought, whether there is anything wrong with them, how we are performing and when you decide to end the Contract: (a) in the event of Late Delivery, you may have a legal right to get some or all of your money back, see clauses 17 and 18; (b) if we fail to deliver the Services due to a matter which is not caused by or contributable to any matter within your control (i.e. it is our responsibility), see clause 14.2; (c) if you have just changed your mind about the Services, see clause 14.3. Please note we cannot guarantee we will be able to stop the delivery of a Parcel if the Services have started. 15.2 If you are ending the Contract for a reason set out at (a) or (b) below, the Contract will end immediately and we will refund you in full for any Services which are not provided. The reasons are: (a) there is a risk that supply of the Services may be significantly delayed because of a matter which is not caused by or contributable to any matter within your control or because of an Event Outside Our Control; or (b) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend the Services for technical reasons, in each case for a period of more than 30 days. 15.3 If you change your mind, you may end the Contract by contacting us at any time prior to dropping off your Parcel at a Parcel Shop. 16. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 16.1 To end the Contract with us, please let us know via the My Account > Orders page of the Site. 16.2 We will refund you the Charges less any deductions we are permitted by these Terms to deduct from the Charges, by the method you used for payment. 16.3 We will make any refunds due to you as soon as possible. 17. OUR RIGHTS TO END THE CONTRACT 17.1 We may end the Contract at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; (c) you do not drop off the Parcel at a Parcel Shop in accordance with the timescales outlined in clause 7.1(c); (d) you breach these Terms or any Contract; and/or (e) we suspect you of fraud. 17.2 If we end the Contract in any of the situations set out in clause 16.1, we will refund any Charges you have paid in advance for Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of ending the Contract. 17.3 We may write to you to let you know that we are going to stop providing the Services. 18. IF THERE IS A PROBLEM WITH THE SERVICES 18.1 If you have any queries about the Services, please visit our Help & Support page or, if it relates to an accepted Order please contact us via the My Account > Orders page of the Site. 18.2 We are under a legal duty to supply services that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these Terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Where you purchase services, the Consumer Rights Act 2015 says: you can ask us to repeat or correct a service if it's not carried out with reasonable care and skill, or get some money back if we can't correct it. if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. if you haven't agreed a time beforehand, it must be carried out within a reasonable time. 19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE CAUSED BY US OR LATE DELIVERY 19.1 In relation to our liability for Loss or Damage or Late Delivery, we will only be liable up to the Liability Limits set out in Table 1 below. The applicable Liability Limit will depend on whether you purchased Extended Liability at the time you submitted your Order. Where you did not purchase Extended Liability, the Standard Liability limit will apply. Table 1 Liability Limits Service Standard Liability Extended Liability Standard Service 20 1,000 19.2 Our liability will always be subject to any liability we cannot limit (see clause 18.6), and to the exclusions set out in clause 18.5. For the avoidance of doubt, any compensation payable for: (a) Loss or Damage shall be:
(i) in the case of damaged Goods, limited to the lesser of: (i) the actual cost of repairing the Goods; and (ii) the replacement value of the Goods (as we shall determine acting reasonably, taking into account depreciation for wear and tear, and up to the maximum of the price you paid for the Goods); (ii) in the case of lost Goods, limited to the replacement value of the lost Goods (as we shall determine acting reasonably, taking into account depreciation for wear and tear, and up to the maximum of the price you paid for the Goods); (b) Late Delivery shall be limited to the amount of the Charges, and in no circumstances shall the compensation exceed the applicable Liability Limit. 19.3 Where a Lost or Damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set. 19.4 Entitlement to any payment of compensation for Loss or Damage or Late Delivery is subject to satisfaction of clause 19. 19.5 We are not liable for any Loss or Damage or Late Delivery caused: (a) by a Parcel that does not meet the Parcel requirements set out in clause 5, or has not been correctly packaged, addressed or Labelled or accompanied by incomplete despatch or customs documentation; (b) by any failure by us to follow any orientation markings on a Parcel (such as fragile notices or Up arrows); (c) by any inherent or latent defect or natural deterioration of the Goods; (d) by any incorrect description of the Goods or additional information that you have provided or failed to provide (as the case may be); (e) by an Unauthorised Item being contained within the Parcel; (f) as a result of or during our retention of a Parcel in accordance with clause 9.5 pending your payment of the applicable surcharge and administration fee; (g) in the case of damage to Goods, by our negligence, breach of duty or other wrongful act or omission that you have (or have arranged to be) repaired, unless such repair work has been pre-agreed by us in writing in advance; (h) by any x-ray or other screening undertaken by relevant authorities in certain jurisdictions; (i) by any incorrect or incomplete documentation for a Parcel, or non-payment of duties, taxes or any other charges necessary to release a Parcel; (j) an Event Outside Our Control; and/or (k) by any act or omission by you or failure to perform any of your obligations under these Terms or any Contract. 19.6 We are not liable for any indirect loss including any loss of profit, loss of business, business interruption, or loss of business opportunity. 19.7 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 parcel carrier partners, or for fraud or fraudulent misrepresentation.
20. COMPENSATION CLAIMS 20.1 You must notify us of any Loss or Damage or Late Delivery giving rise to a claim under these Terms ( Claim ) within 28 days of: (i) the actual delivery date of the Parcel; or (ii) if the Parcel is not delivered, the estimated date of delivery. Where you fail to notify us within this period, we will not be liable to you, except where you can show that it was not reasonably possible for you to notify us within the period. 20.2 We may require you to provide information and evidence to support your Claim, including but not limited to proof of the value of the Goods and estimates for any repairs to the Goods (where applicable). Any information or evidence must be made available to us within 7 calendar days of our request. 20.3 We may carry out such investigations that we think are necessary in relation to any Claim. 20.4 Any payment by us shall be in full and final settlement of such Claim. 21. HOW WE MAY USE YOUR PERSONAL INFORMATION 21.1 We will use the personal information you provide to us: (a) to supply the Services to you; (b) to process your payment for the Services; and (c) if you agreed to this during the Order process, to give you information about similar products or services that we provide, but you may stop receiving this at any time via the My Account > Profile page of the Site. 21.2 We will only give your personal information to third parties where the law requires us to do so or where otherwise stipulated in our Privacy Policy. 22. INTELLECTUAL PROPERTY Any Intellectual Property Rights in any materials that we make available to you as part of the Services and that we use in providing the Services are and shall remain our exclusive property. Nothing in these terms shall imply any licence or other permission to use or copy any such Intellectual Property Rights, save as expressly set out in these terms. 23. OTHER IMPORTANT TERMS 23.1 We may perform the Services ourselves or we may subcontract all or part of the Services to a third party parcel carrier partner. Our parcel carrier partner(s) may also subcontract their obligations. For the purposes of these Terms, any reference to any loss or damage incurred by us shall include loss or damage incurred by our parcel carrier partner(s). 23.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. 23.3 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. 23.4 Any Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms. 23.5 Each of the clauses and paragraphs in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 23.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23.7 These Terms are governed by English law and you can only bring legal proceedings in respect of the Services in the English courts.