Terms of Service

This document sets out the terms and conditions ("Terms") on which Get Sherpa Ltd  (“Sherpa”) supplies the services ("Services") to you, namely the collection, storage and transportation of items of luggage ("Bags" and references to Bags shall be deemed to also include a reference to a "Bag", and the contents of, and any part of, "any Bags") as specified by you when ordering the Services. Please read these Terms carefully before ordering any of Sherpa’s Services. By ordering any of our Services, you agree to be bound by these Terms. Note that these Terms apply only for Sherpa’s Services; we are not liable for the Services provided by any other company or Service except those of Get Sherpa Ltd. You should retain a copy of these Terms for future reference. Please understand that if you refuse to accept these Terms, you will not be able to order any of our Services through our website getyoursherpa.com ("Sherpa"). 

1. Information about us

1.1 Sherpa trades as Get Sherpa Ltd (and the terms "we", "us", and "our" shall be construed accordingly). We are registered in England and Wales under company number 11796425  and have our registered office at 28 Surrey Quays Road, SE167EF London, UK. We are incorporated under the Companies Act 2006 as a private company and the company is limited by shares.

1.2 You can contact our customer service team at hello@getyoursherpa.com

1.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or phone number you provided during your order.

1.4 The words "writing" or "written" in these terms includes emails.

 

2. These Terms

Please read these Terms carefully before you submit your order to us. These are the terms under which we trade with you and they override any previous agreement between us. These Terms tell you who we are, how we will provide the Services to you, what to do if there is a problem and other important information.

3. Your Status

3.1 By placing an order through Sherpa, you warrant that:

3.1.1 you are legally capable of entering into binding contracts; and

3.1.2 you are at least 18 years old.

4. How the Contract Is Formed Between You and Us

4.1 After placing an order for the Services in respect of a Bag through Sherpa, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy the Services specified in the order. All orders are subject to being accepted by us, and we will confirm such acceptance to you by issuing a confirmation receipt (the "Sherpa Booking Confirmation & Pick-up Details") that the Service offer has been accepted. The contract between us for the provision of the Services in respect of a particular Bag or Bags ("Contract") will only be formed when we issue you the Confirmation in respect of the Bag or Bags concerned.

4.2 We reserve the right, at our sole discretion, to reject your order for any reason whatsoever, including, without limitation, where the Collection Point (defined below) and/or Delivery Point (defined below) fall within an area in which we do not provide the Services.

4.3 The Contract will relate only to providing the Services in respect of the Bag or Bags confirmed in the Confirmation. We will not be obliged to supply any other Services in respect of any other Bag which may have been part of your order until the provision of such Services has been confirmed in a separate Confirmation.

4.4 The Services shall be limited to the collection, transportation,storage and delivery of the Bag or Bags referred to in the Confirmation.

4.5 Get Sherpa Ltd is solely for the promotion of our Services in the UK. We do not currently accept orders for the collection and/or delivery of Bags outside the UK.

4.6 Where any such surcharge is due under these Terms, you authorise us to take payment for the surcharge using the credit card details provided to us when placing your order.

5. Your rights to make changes

Subject to clause 12, you may amend or cancel your order for Services up until 2 hours before the collection time specified in the Confirmation. If you cancel within such time you shall be entitled to a full refund.

 

6. The Bag

6.1 Bags must not:

6.1.1 exceed the sizes specified on Sherpa’s homepage, as we may update from time to time; or

6.1.2 be of a weight or size such that, if lifted by a single individual, would place the Carrier in breach of the Manual Handling Operations Regulations 1992, and any Bags that exceed these weights and dimensions will not be accepted by us.

6.2 You shall for all purposes be treated as sole beneficial owner of the Bag. You agree that if any other person shall in respect of any Bag make any claim against us arising out of the Contract (whether arising out of any negligence, breach of duty or other wrongful act or omission by us and our Couriers or otherwise) outside or beyond our liability to you, then you shall indemnify us against such claim (and all costs incurred by us and our Couriers in relation thereto). Neither we nor the Courier shall be under any liability to you in respect of any such claim.

7. Delivery & Storage

7.1 We will transport the Bags from the collection point ("Pick-up Location") to the delivery point ("Drop-off Location") chosen by you when placing an order on Sherpa, provided that either the Pick-up Location and/or the Drop-off Location is listed in the appropriate zone or area listed on Sherpa. When the “Pick-up Date” is an earlier date than the “Drop-off Date” and one or more “Extra Storage Days” are chosen, bags will be stored until their delivery on the “Drop-off Date” given. 

7.2 It is your responsibility to ensure that the Bags are made available for collection by the Courier from the Collection Point at the time specified in the Confirmation. If, owing to your failure to do so, the Courier is not able to collect the Bags at that time, you shall not be entitled to a refund for the Services already paid for in respect of those Bags.

7.3 We will make every reasonable effort to deliver your Bag from the Collection Point to the Delivery Point by the delivery time and/or date set out in the Confirmation.

7.4 Unless caused by a Force Majeure Event (see clause 16), if we fail to deliver the Bag to a Delivery Point by the delivery time and/or date set out in the Confirmation, we will refund your payment to us. Where such failure results in your Bag not arriving at the airport or train station in time for your flight or train, we will ensure that the Bag is sent to your ultimate destination at our cost.

7.5 We will only release the Bag to the person we reasonably believe to be the addressee specified in the Confirmation.

7.6 You acknowledge that your Bag will be consolidated with those of our other customers for transport and storage and neither we nor our Couriers will necessarily monitor the movement of individual Bags at all points prior to delivery.

7.7 The route and method by which your Bag is transported and stored shall be at the Courier's sole discretion.

7.8 The Courier will make one attempt to deliver a Bag. The Courier may deliver a Bag to the addressee shown in the Confirmation or to any other person appearing to have authority to accept delivery of the Bag on the addressee's behalf (such as persons at the same premises as the addressee, neighbours of the addressee or, where the Delivery Point is a hotel, a receptionist or other representative of the hotel in question) at the Delivery Point. Where the Delivery Point is a hotel, you must specify the name of the person that the room at the hotel is booked under, and to the extent possible, their room number, when placing the order. The Bag will not necessarily be delivered to the addressee personally. The Courier may use an electronic device to obtain proof of delivery and you agree that you will not object to the Courier relying on a printed copy of this as evidence of delivery merely on the grounds that the information concerned is obtained and stored in electronic form.

7.9 Subject to clause 7.11 below, if the Courier cannot obtain a receipt at the Delivery Point and the Delivery Point is a residential address, the Courier shall be entitled to attempt to deliver and obtain an appropriate receipt at an address close to the Delivery Point and, if successful, the Courier will leave at the Delivery Point details of the address at which delivery has been effected. If the Bag has not been delivered, the Courier shall be entitled to return it to the Courier's premises, after leaving at the Delivery Point a request for the addressee to contact the Courier to make alternative delivery arrangements. If:

7.9.1 no such contact is made within a reasonable time; or

7.9.2 the addressee refuses to accept delivery;

7.9.3 it transpires that the Bag was incorrectly addressed; or

7.9.4 we do not receive your instructions within 30 days after the Courier's second attempt (if a second attempt is made) to deliver the Bag,

7.9.5 then you agree that:

7.9.5.1 the Courier may attempt to return the Bag to you at your cost; or

7.9.5.2 we may destroy or sell the Bag without any further liability to you.

7.10 You agree to pay us, as a surcharge, any costs we or the Courier incur in storing, forwarding, disposing of, selling or returning the Bag and the Courier's charges (if any) for making a second or further delivery attempt, returning the Bag to you and/or for the agreed appropriate next action.

7.11 If the Courier is unable to deliver a Bag because of an incorrect address the Courier will make all reasonable efforts to find the correct Delivery Point. We will notify you of the correction and the Courier will deliver or attempt to deliver the Bag to the correct Delivery Point.

7.12 We do not accept any responsibility in any circumstances for the suspension of carriage, redirected delivery (whether to a different address from that stated in the Confirmation) or the return of a Bag to you and, in the event that the Courier should attempt but fail to do so, we shall not have any liability for any losses occasioned thereby.

7.13 We do not deliver to post office box numbers and we therefore reserve the right to refuse any order for such Services in such cases.

7.14 We are not required to provide you with proof of delivery of any Bag.

7.15 Collections and/or deliveries which take more than fifteen minutes from arrival at the Collection Point and/or Delivery Point by the Courier may be subject to a surcharge.

8. Prohibited and Restricted Items and rights of inspection
8.1 You are deemed to have complete knowledge of the items in the Bag, and the Services will not be provided (and any Services ordered may be cancelled without notice to you), and you agree not to order Services, in respect of the carriage or storage of any of the following prohibited items: precious stones, precious metals, watches, jewellery, glass, furs, fine china, art, antiques, prescription medication, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, promissory notes, stamps, photographs, documents of title to property, bank, credit, pre-pay or other store cards with a cash equivalent value, spirits, tobacco and cigarettes, illicit drugs, solvents, weapons, explosives, live animals, fragile or perishable articles or articles the value of which when aggregated with all other articles in the baggage, exceeds a value of £500. 
8.2 We do not have and will not be deemed to have knowledge of the Goods in the Bags, or of the nature, condition or state of repair of any such Goods.
8.3 This Licence shall not create a tenancy or lease or similar arrangement.
8.4 This Licence does not mean we are bailees, custodians or warehousemen of the items and You acknowledge that We do not take possession of the goods.
8.5 If you are in any doubt as to whether an item is a Prohibited Item, you must check with us before ordering the Services. We will not be responsible for any Prohibited Items.
8.6 If you do send a Prohibited Item, we may deal with the Bag concerned as we see fit (which shall include without limitation the release, destruction or disposal of the Bag without incurring any liability whatsoever to you or anyone else) and you shall be charged for all costs and expenses arising therefrom, and you will indemnify us against all claims, losses, damage or injury suffered by us, the Courier or any of their respective employees, subcontractors or agents by virtue of you having sent the Prohibited Item concerned.
8.7 We shall not be responsible for any loss or damage to any items deemed unsuitable for shipment by the Services. You may send Restricted Items by using the Services but you do so entirely at your own risk (and we will not be liable for any loss or damage to any Restricted Item) as no special handling is provided for Bags containing Restricted Items. We may in our absolute discretion refuse to carry Bags containing Restricted Items.
8.8 Shipment of any Prohibited Item or any Restricted Item may be subject to surcharges, delays or confiscation by authorities, non collection, non delivery or return. If a Prohibited Item or Restricted Item is accepted by us or the Courier and then later returned, we reserve the right to deny refund of carriage and apply charges for the return of the Bag and for us to release, dispose of or sell the Bag without incurring any liability whatsoever to you or anyone else. You will be responsible for any additional costs incurred in respect of the Bag concerned.
8.9 Your Bag will not be opened and/or searched by us or the Courier without your consent, save where required to do so by HM Revenue & Customs, the Civil Aviation Authority, the UK Police Force, any other regulatory or governmental authority or the airport operator.
8.10 Bags may be subject to security screening which could include the use of x-ray equipment.


9. Refusal and Suspension of Carriage

If it comes to the attention of either us or the Courier that any Bag does not meet any of the restrictions or conditions set out in these Terms, we or the Courier may refuse to transport the Bag (or any shipment of which it is a part) and, if carriage is in progress, we or the Courier may suspend carriage and hold the Bag to your order.

10. Proceeds of Sale

The proceeds of any sale of a Bag pursuant to any provision of these Terms shall first be applied to any charges, costs or expenses and other amounts (including interest) outstanding in respect of the Bag or otherwise due from you to us or the Courier. Any balance shall be held to your order, but may be applied against amounts subsequently incurred by you to us or the relevant Courier.

 

11. Your obligations

11.1 You warrant, represent and guarantee to us that:

11.1.1 to the extent that any instructions on Sherpa require you to label the Bag, the Bag has been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the Bag that can be clearly seen by the Courier;

11.1.2 the addressee's full address including the postcode has been accurately and legibly completed on an address label securely fixed by you to a prominent position on an outer surface of the Bag that can be clearly seen;

11.1.3 the Bag has been packed safely and carefully by you to protect against the ordinary risks of transport including any associated sorting process;

11.1.4 the Bag has been prepared for carriage in secure premises by you or reliable staff employed by you and the Bag has been safeguarded against unauthorised interference during preparation, storage and transportation prior to collection by the Courier;

11.1.5 the Bag is not, and does not contain, a Prohibited Item;

11.1.6 you have fully complied with the provisions of these Terms in relation to the Bag;

11.1.7 all applicable laws and regulations have been complied with; and

11.1.8 these Terms constitute binding and enforceable obligations on you and the addressee.

11.2 You acknowledge that we are relying on the above warranties, representations and guarantees in entering in to the Contract and you agree to indemnify us on demand and hold us harmless from any liabilities suffered or any costs, damages or expenses (including legal costs on a full indemnity basis) incurred either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees even if a Bag is accepted for carriage which contravenes any of your obligations.

 

12. Your Right to cancel the contract

12.1 This clause 12 will only apply if you are ordering Services as a consumer.

12.2 For most products and services bought online you have a legal right to cancel the Contract within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

12.3 You have 14 days to cancel the Contract after the day we email you the Confirmation. However, once we have completed the Services you cannot cancel the Contract, even if the period is still running. If you cancel the Contract after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have cancelled the Contract.

12.4 Please note that where you have expressly indicated that the supply of Services should begin during the cancellation period, if you subsequently cancel the Contract during the cancelation period in accordance with this clause 12, you will only be entitled to a refund in respect of such part of the Services that have not been performed, in comparison with the full coverage of the Contract. If the Services have been fully performed (i.e. the Bag has been delivered in accordance with clause 7), you shall not be entitled to any refund.

 

13. How to cancel the contract

13.1 To cancel the Contract with us in accordance with clause 12, you must let us know by either calling customer services on +447927979004 or emailing us at hello@getsherpa.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.

13.2 If you are exercising your right to cancel the Contract, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had cancelled the Contract. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

13.3 We will make any refunds due to you as soon as possible. If you are exercising your right to cancel the Contract then your refund will be made within 14 days of your telling us you have cancelled the Contract.

 

14. If there is a problem with the Service

14.1 If you have any questions or complaints about our Service, please contact us. You can telephone our customer service team at +447927979004 or write to us at hello@getsherpa.co.uk.

14.2 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 if you are a consumer. 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.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or receive some money back if we can't fix it.

  • if you haven't agreed a price upfront, what you're asked to pay must be reasonable.

  • if you haven't agreed a time upfront, it must be carried out within a reasonable time.

 

15. Exclusions

15.1 Subject to your compliance with clause 17, we will only be liable for our failure to act with reasonable care and skill in relation to the provision of the Services and our aggregate liability shall be exclusively governed by these Terms and (save in the case or personal injury or death caused by our negligence or intentional damage) limited to proven damages not exceeding the lesser of:

15.1.1 £250 per Contract, irrespective of the number of Bags that are delivered under the Contract; and

15.1.2 the actual cost incurred by you to acquire or repair the Bag or Bags in respect of which liability arises, provided that:

15.1.3 in the case of delay where you can show us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that Bag which was delayed; and

15.1.4 we shall be entitled to require proof of the value of the whole of the Bag prior to dealing with any claim.

15.2 You acknowledge that the limitations of liability set out in this clause 15 are fair and reasonable in the circumstances, and have been taken into account and reflected in the level of prices charged for the Services, or not use the Services. If you regard these limitations as insufficient you must take appropriate insurance alternatives.

15.3 To the fullest extent permitted by applicable law:

15.3.1 if you are not a consumer, we will not be liable for any loss of income or revenue, loss of profits or contracts, loss of markets, loss of reputation, loss of customers, loss of use, loss of data, loss of an opportunity or an anticipated saving, waste of management or office time or for any indirect, incidental, special or consequential damages or loss howsoever arising (whether in contract, tort or otherwise and whether or not foreseeable) including but not limited to the loss, damage, delay, misdelivery or non-delivery of your Bag even if we had knowledge that such damages or loss might arise;

15.3.2 if you are a consumer, if we fail to comply with these Terms, unless excluded elsewhere in these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you highlighted it to us in writing during the sales process;

15.3.3 where the lost or damaged Bag is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that Bag, is to be assessed as a sum equivalent to the cost of that Bag in isolation, not the cost of that Bag as part of a pair or set;

15.3.4 we are not liable if your Bag is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:

15.3.4.1 circumstances beyond our control (each a "Force Majeure Event") such as (but not limited to):

(a) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;

(b) force majeure including (but not limited to) war, invasion, hostilities (whether or not war is declared), piracy, accidents, acts of public or foreign enemies, strikes, industrial action, embargoes, perils of the air, riot, terrorism, rebellion and/or military coup, local disputes, civil war or civil commotions;

(c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;

(d) latent, pre-existing or inherent defects or inherent vice or characteristics in the Bag;

(e) criminal acts of third parties such as theft and arson;

(f) you being in breach of (or any other party claiming an interest in the Bag causing you to breach) your obligations under these Terms and in particular those warranties, representations and guarantees set out in clause 11;

(g) your acts or omissions or the acts or omissions of a third party;

(h) an act or omission of any customs, airline, airport or government official;

(i) failure to meet airport, station, our or other security requirements; or

(j) chemical, biological, bio-chemical, electromagnetic weapons and cyber attack;

15.3.4.2 electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings;

15.3.4.3 the Bag consisting of any article that is a Prohibited Item even though we may have accepted the Bag.

15.4 Our performance under the Contract is deemed to be suspended for the period that a Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event, but if the Force Majeure Event continues for 7 days or more we may terminate the Contract without liability to you.

15.5 If you (or any person from whom you derive your right to claim) has caused or contributed to any loss, damage or delay to a Bag, any liability we may incur in respect thereof (limited as set out in these Terms) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.

15.6 Claims are limited to one claim per Bag, settlement of which will be full and final settlement for all loss or damage in connection therewith.

15.7 Our liability will cease upon delivery of the Bag in accordance with clause 7.

 

16. Price and Payment

16.1 The price of the Services (which includes VAT) will be the price indicated on the order pages of Sherpa when you placed your order. We take all reasonable care to ensure that the prices of Services advised to you are correct. However please see clause 16.3 for what happens if we discover an error in the price of the Service you order.

16.2 If the rate of VAT changes between your order date and the date we supply the Service, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.

16.3 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, where the Service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service's correct price at your order date is higher than the price stated on Sherpa, we will contact you for your instructions before we accept your order.

16.4 We accept payment with Visa, Mastercard, American Express, and PayPal. You must pay for the Services in advance when placing your order.

 

17. Claims Procedure – Prescription

If you wish to claim for a lost, damaged or delayed Bag you must comply with the following procedure otherwise we reserve the right to reject your claim:

17.1 You must notify us about:

17.1.1 loss: as soon as such loss is discovered (or with reasonable diligence ought to have been discovered) and in any event within the earlier of 5 days of the date the Bag should have been delivered or within 21 days of the Bag being collected by the Courier, whichever is the sooner;

17.1.2 damage: as soon as such damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within 5 days after delivery of the Bag;

or

17.1.3 delay: within the earlier of (i) 7 days after delivery of the Bag or (ii) within 7 days of the date the Bag should have been delivered or (iii) within 21 days of the Bag being placed at the disposal of the addressee.

17.2 If we send you a claim form you must return it within 14 days from the date of issue fully completed together with all relevant documentation in support of your claim. We are not obliged to act on any claim until our charges in respect of the Bag in question (including any Additional Charges) have been paid nor are you entitled to deduct the amount of your claim from our charges.

17.3 We will assume the Bag was delivered in good condition unless the addressee (or recipient pursuant to clause 7) has noted any damage on the Courier's delivery record when he or she accepted the Bag.

17.4 Your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 6 months from the date of delivery of the Bag or from the date on which the Bag should have been delivered or from the date on which the carriage stopped.

17.5 You must give us the opportunity to examine the damage to and the packaging of the Bag prior to repair.

17.6 The Bag shall not be deemed to be lost until at least 30 days has elapsed since the date you notified us of the non-delivery. We may agree with you in writing to shorten this period.

17.7 We may destroy the original documentation relating to your Bag after 6 months from the date of your ordering the Services in respect of that Bag and you shall not hold this absence against us.

 

18. How we may use your personal information

18.1 We will use the personal information you provide to us:

18.1.1 to supply the Services to you;

18.1.2 to process your payment for the Services; and

18.1.3 if you agreed to this during the order process, to inform you about similar services or products that we provide, but you may stop receiving these at any time by contacting us.

18.2 We will only give your personal information to other third parties, including our Courier, to the extent necessary to provide the Services and where the law either requires or allows us to do so.

 

19. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our service, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Sherpa. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

20. Notices

All notices given by you to us must be given to us by email at hello@getsherpa.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Our notice will be deemed received by you and properly served immediately, 24 hours after an e-mail is sent. In our proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

 

21. Transfer of Rights and Obligations

21.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

21.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract without notice to you.

 

22. Lien

We have a general lien on all your Bags in our possession at any one time that gives us the right to hold any Bag until payment is received, sell any Bag and retain the proceeds of sale in settlement of any amounts that you may owe us or the Courier howsoever arising. Any unpaid balance will remain payable. In selling any Bag we shall not be obliged to investigate the Bag or attempt to obtain the best price possible for the Bag, and the Bag will be sent for general auction on this basis.

 

23. Waiver

23.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

23.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

23.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20 above.

 

24. Severability

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

25. Entire Agreement

25.1 Subject to clause 25.4, these Terms and any document expressly referred to in them, plus the Convention Rules represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

25.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms.

25.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

25.4 No variation to the entire agreement shall be valid unless made in writing and signed by our authorised representative.

 

26. Our Right to Vary These Terms and Conditions

26.1 We have the right to revise and amend these Terms and any document expressly referred to in them from time to time including, without limitation, to reflect changes in market conditions affecting our business, which may include, but shall not be limited to, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities, increased fuel costs and congestion charges and changes in the Terms of any Courier.

26.2 You will be subject to the policies and Terms in force at the time that you order the relevant Services from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).

27. Law and Jurisdiction

These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.