Terms & Conditions
1. Definitions. The following expressions shall have the following meanings:
Addressee: the person to whom a Customer requests the Company to deliver an order or Parcel; Business Day: a day other than a Sunday or public holiday in England when banks in England and Wales are open for business; Charges: the charges payable by a Customer for the Services provided by the Company to that Customer; Conditions: these Terms and Conditions; Contract: the contract between the Company and the Customer for the Services provided by the Company in accordance with these Conditions; Customer: the person who has or whose representative has instructed the Company in connection with the services provided by the Company; Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party; Order: a request for any of the Services provided by the Company which shall include any of the following: (i) an online purchase or set of purchases made to a Supplier on behalf of a Customer for delivery to that Customer or Addressee; (ii) an online purchase made directly by a Customer for onward delivery by the Company to that Customer or Addressee; iii) a Customer’s order for any of the Services provided by the Company as specifically set out in an Invoice Number; or (iv) the Customer’s written acceptance of a quotation or invoice from the Company for a specific service related to or within the Scope of Services provided by the Company ; Parcel: the goods, wares, merchandise, object and articles of every kind (except where excluded under these Conditions) including any container, box, bag or case used for the purpose of carrying and sending cargo; The Company: Yedibeba Ltd; Services: the services provided by the Company to a Customer whether by way of charge, fee, commission or other consideration of any kind; Supplier: a Company, Business, Trade or person from whom a Customer makes a purchase or from whom the Company makes a purchase on behalf of the Customer. 1.1 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 email. (d) Words importing the singular number shall include the plural and vice versa; words importing the masculine shall include the feminine and neuter and vice versa and words importing person shall incorporate bodies corporate, unincorporated association and partnerships.2. Scope of Services
2.1 The Company undertakes these Services in accordance with these Conditions and subject to all applicable laws and regulations: (a) the services of a forwarding agent to include shipping, transportation and delivery services; (b) purchasing agent; where an order is placed to a Supplier for the purchase of a parcel on behalf of the Customer for onward delivery to an Addressee, the Customer authorises the Company to enter into a contract with the Supplier as agent for the Customer. It is the responsibility of the Customer to ensure that the details on the order are correct and the Company accepts no liability for any mistakes or consequences, or any errors made by the Customer on the Order request form; (c) packaging and storage service and in the case of storage services up to a maximum period of seven (7) days unless agreed otherwise in writing with the Customer; and (d) collection of parcels under specific arrangements with a Customer. 2.2 Despite clause 2.1 above, the Company shall not provide a Service which involves dealing with a dangerous, prohibited or illegal parcel. Where a parcel or the delivery of a Service constitutes a risk to health or property the Company may either return the parcel to the Customer, request the Customer to collect the parcel for which the Customer shall pay the costs for. At that time the Company shall treat the contract rescinded and the provisions on termination of the contract shall apply. 2.3 In all instances referred to above, the Customer is deemed to have provided the Company with all necessary authorities to conclude all and any contracts to provide the Service and the Customer shall reimburse the Company with all taxes, charges including fines, whatsoever incurred by the Company as a result of providing or arranging the Services or undertaking any liability in connection with the Service particularly in respect of any bond issued to Customs authorities or any other statutory authority by the Company.3. Execution of the Services
3.1 The Company undertakes to provide the Services with reasonable care and skill. 3.2 The Customer acknowledges that (a) the Company reserves the right to delegate any of the Services to its network of Partners or sub-agents; (b) the shipment of an order or parcel may be transported by a means determined to be suitable for the type and size of the order or parcel by the Company and such means of shipment to include transportation by air, road or sea; (c) the designated Addressee shall be deemed by the Company to have accepted any modification to the mode or route for shipment of an order or parcel; (d) further to paragraph 3.2 (a) and where the Company deems it necessary, the Company shall have full authority from the Customer to carry out any part of or whole of a Service sub-contract the whole or any part of its contracted services to a third party or within its network of partners as may be necessary to fulfil the Customers instructions and subject to the trading conditions of the sub-agent; (e) the departure and arrival dates communicated by the Company are estimated dates and the Customer agrees that time of delivery shall not be of the essence unless specifically requested and agreed to by the Customer and Company respectively; (f) the Company has the right to inspect any shipment without giving prior notice to the Customer; (g) an order or parcel shall not be shipped or transported to a postal box address or post code; (h) a parcel shall not include any articles or items which are prohibited by law for shipment and where an order or parcel contains an illegal or prohibited item or article the Company reserves the right to refuse to carry out the Service and may either destroy, report it to the necessary authorities or return it to the Customer at the cost of the Customer.4. Liability
4.1 The Company shall be relieved of all LIABILITY for loss of any kind where such loss is a direct or indirect result of: (a) an act or omission by the Customer or the Customer’s representative or any other party from whom the Company took charge of a parcel; (b) improper packing, labelling or collection by (except to the extent that the Company undertook to be responsible for such packaging, labelling or collection; (c) handling, loading, stowage or unloading of a parcel by a Supplier or Customer or any person acting on the Supplier or Customer’s behalf; (d) seizure, forfeiture or detention under legal process; (e) riot, civil commotion, strike, lock out, general or partial stoppage or restraint of labour from whatsoever cause; (f) any consequence of war, invasion, acts or foreign invasion, acts of terrorism or sabotage, rebellion, revolution, insurrection, military or usurped power o confiscation obstruction of damage to any property or parcel by or under the order of any Government or public or local authority. 4.2 Nothing in these Conditions limits any liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation. 4.3 The liability of the Company in respect of a claim for loss or damage shall be limited in all circumstances shall be limited to whichever is the greater sum of the value of the parcel or the charge paid for the Service. 4.4 The liability of the Company may be increased to a value as agreed in writing with a Customer to cover the value of the parcel or aggregate value of parcels together with the total or partial charges for the performance of a Service.5. Obligations of the Customer
5.1 These obligations shall also apply to the Addressee and the Company shall be entitled to assume that the Customer has provided the Addressee with notice of these Conditions: 5.2 It is the responsibility of the Customer to ensure that all instructions, details of an order or parcel for transportation or shipping by the Company on behalf of that Customer are accurately and fully communicated to the Company in sufficient time to enable the Company perform the requested Service for the Customer 5.3 The Customer shall be responsible for checking that all invoices correctly details and reflect any orders to be made on behalf of the Customer and the Service requested. 5.4 The Customer shall (a) provide the Company, its employees, agents, and sub-agent with safe access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Company to enable it to perform the Service; (b) provide the Company with all necessary information in advance of any known hazards and information or materials as the Company shall reasonably require in order to provide the Service and shall ensure that such information is complete and accurate in all material respects; (c) obtain and maintain all necessary licences, permissions and consents where applicable which may be required for the Services before the date on which the Services are to commence; (d) comply with all applicable laws, including health and safety laws; 5.5 The Customer shall accept full responsibility for any loss of any kind of an order or parcel caused arising from any errors, mistakes, failures, delays occasioned by an incomplete order, direct or indirect default by a Supplier or that Customer; 5.6 The Customer warrants that it is either the owner of any parcel or authorised agent of the owner with authority to request the services to be provided by the Company.6. Charges and payment
6.1 The Customer shall pay the Company for the Service provided within three (3) days of receipt of an invoice and at least … before the Company provides the service ordered and where a Customer requires the Company to purchase a parcel on his behalf shall make place the Company in sufficient funds at the quoted currency equivalent in ample and sufficient time prior to the requested date of delivery of the parcel to the Customer, allowing for delivery by the Supplier of the parcel. 6.2 The Customer shall pay the Company for any unforeseen expenses reasonably incurred by it which become necessary for the performance of the Services 6.3 All amounts payable by the Customer are exclusive of value added tax chargeable from time to time (VAT). 6.4 If the Customer fails to make a payment due to the Company the Company reserves the right to rescind the contract. 6.5 All amounts due for performance of the Services shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law) and a Customer shall not be entitled to delay or defer payment (in particular where additional charges have had to be made by the Company) on account of any dispute or set off which it may claim against the Company. 6.6 In the event of the rescission of a contract by the Customer or the Company the Company shall be entitled to cease performance of all further Services to the Customer immediately and any outstanding obligation by the Company to deliver a remaining part of the ordered Service shall be carried out at the discretion of the Company provided always that the Company shall have a lien over any parcels or orders until such time as the Customer satisfies all debts due to the Company unless otherwise agreed in writing on terms stipulated by the Company.7. Insurance
7.1 Save for the company’s general insurance cover including insurance cover in respect of it’s legal duty of care to Customers, the Company shall not provide insurance over for individual Customer parcels unless the Customer expressly requests this in writing whereupon the Company and the Customer shall agree the appropriate level of insurance for that parcel. The Customer agrees to pay for the insurance charge and accepts to be bound by all conditions imposed by the Insurance Company. 7.2 The Customer shall in all cases disclose the approximate value of any parcel or order that the Company handles for delivery for the Customer. 7.3 The Company shall insure all delivery services up to a maximum value of £100 unless agreed otherwise in writing.8. Data Protection
8.1 The Company acknowledges that for the purposes of the Data Protection Legislation it may on occasion be the Processor and the Customer the Controller. 8.2 The Company shall, in relation to any personal data processed in connection with the performance of the Services: (a) process that personal data only on the documented written instructions of the Customer unless the Company is required by Applicable Laws to otherwise process that personal data. Where the Company is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Company shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Company from so notifying the Customer] (b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); (c) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and (d) not transfer any personal data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled: (i) the Customer or the Supplier has provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and (iv) the Supplier complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the personal data; (e) assist the Customer, at the Customer’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;] (f) notify the Customer without undue delay on becoming aware of a personal data breach; (g) at the written direction of the Customer, delete or return personal data and copies thereof to the Customer on termination of the agreement unless required by Applicable Law to store the personal data; and (h) maintain complete and accurate records and information to demonstrate its compliance with this clause.9. Force Majeure clauses
Neither party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.10. Governing law
These Conditions and any act or contract to which it applies shall be subject to law of England and Wales.Subscribe to our Newsletter
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