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Terms & Conditions

We have tried to ensure that our terms and conditions are as clear and easy to understand as possible. If you have any questions, or don't understand something, just get in contact with us and we'll be happy to help. When you make a booking on our website, you will be asked to click "I agree with the terms and conditions" and you will not be able to complete your booking if you do not do this. This confirms that you accept these terms. 

These Terms of use apply to the services which are provided by SendBike with registered company: Courtenay Heart Ltd, Palladium House, 1 - 4 Argyll Street, London, W1F 7LD, Reg No: 09090234 and VAT No: 211347842 (“SendBike”, “our”, “us” or “we”) to a user of the website www.sendbike.com (the “Site”) and any orders for services which are made using the Site.  Any references in these terms and condition to “you”/”your” refer to a user of the Site (including any party who places an order via the Site).

If you would like to contact us regarding these Terms, you can do so at the address set out above or by emailing us at help@sendbike.com.

  1. OUR SERVICES

1.1          The SendBike services allow you to purchase packaging from us and then we will use our courier service to collect and deliver the item. We also reserve the right to sub-contract this to one of the major UK Courier companies that we hold accounts with.  In these terms of use, we refer to our courier company and other courier companies as the “Carrier”.

1.2          Your contract for the carriage of items is between you and SendBike, we manage all aspects of the interaction with the Carrier on your behalf (including, for example, the placing of the order itself and any service complaints you may have).   Accordingly, if you have any queries or issues about any order you place, you should contact SendBike (quoting your reference/tracking number where available) as described in section 13.1 (below)

1.4          Please note that our website allows for the automated placing of orders without any human intervention by SendBike.  In other words, we do not 'check' your order before it is placed with the Carrier.  It is therefore essential that the order is correctly entered and declared in order for the correct Services and pricing to be displayed. Refer also to Surcharges 6.3.4

1.6          “Prohibited Items” (Including, but not limited to - hazardous items, pornographic items and tobacco products) must not be sent using our service. 

1.7          “Restricted Items” (Including, but not limited to - glass items, laptops and mirrored goods) are items which cannot be sent using our service without prior agreement.  

1.8          If, notwithstanding sections 1.6 and 1.7, you do decide to use our service to send Prohibited or Restricted Items, you should be aware that SendBike does not offer the same level of contractual protection for loss or damage to Prohibited and Restricted Items as for non-Prohibited/Restricted items.  Further details are set out below in sections 4.5, 4.6,10 and 11. 

  1.     DEFINITIONS

2.1               Listed below are defined terms which will have the following meanings in these terms of use:

2.1.1           AWB / Airwaybill / Airway bill – The documentation placed on the parcel. 

2.1.2            Carrier - means us or athird party courier company which carries the Consignment.

2.1.3            Consignment – Each parcel or group of parcels sent using SendBike's service to each individual address. 

2.1.4            Enhanced Cover – means an additional level of Transit Cover that replaces the included cover which is purchased at the time that an order is placed as further described in paragraph 4 (below).

2.1.5            Export Services - means a service where the Consignment is collected in the UK and delivered to an address outside of the UK.

2.1.6         Discarded - When a Consignment is 'abandoned' ,destroyed.

2.1.7           Guaranteed Collection Service - means a service where either the collection of a Consignment is guaranteed by a particular time and/or date.

2.1.8           Guaranteed Delivery Service - means a service where either the delivery of a Consignment is guaranteed by a particular time and/or date once collected.

2.1.9           Guaranteed Service – means a Guaranteed Collection Services and or a Guaranteed Delivery Service.

2.1.10        Import Service - means a service where the Consignment is collected outside of the UK and delivered to an address within the UK.

2.1.11      Pre Pay - A prepayment made to the online web account by a valid UK Credit / debit card keeping the account in credit for future orders.

2.1.12        Prohibited Item – means an item which must not be sent using SendBike's services, for example because the item is dangerous or Hazardous.

2.1.13        Receiver – The person who is receiving the Consignment. 

2.1.14        Restricted Item – means an item which it is strongly recommended that you do not send using SendBike's services, for example because the item is fragile, as is further described here Prohibited / Restricted Items

2.1.15        Transit Cover – means the financial value which your Consignment is protected up to as further described in paragraph 4 below.

2.1.16        Working Day – means in relation to the UK, Monday to Friday from 9am to 5.30pm excluding public and Bank holidays and in relation to a country that is not the UK, or in other countries, the days at times that banks are normally open for business in that country excluding public holidays.

Please note some services deliver outside of working hours – Please see service description for more information.

 

  1. PLACING AN ORDER AND YOUR RIGHT TO CANCEL

3.1          SendBike is not obliged to accept orders from you – and a contract for the services will only be formed when we accept your order and confirm this to you. SendBike reserve the right to refuse and cancel any order and operate sophisticated Payment & Fraud security checks. 

3.2          The delivery of your packaging (when applicable) and the collection of a Consignment will normally occur on your chosen date.  Any order can be cancelled by you within 7 working days and a refund, minus a £5 administration charge, will be given within 7 days of your refund request if we have not yet sent you any packaging and we have not yet attempted collection of your item.

3.2.1       If we have sent you packaging then you can return it to us at our depot address below and on receipt we will refund you within 7 days, minus a £5 administration charge. The packaging must be returned to us unused, unwrapped and in the condition you received it. You should return the item via a method that provides you with proof of delivery. This is the only method we will accept. Return to: Courtenay Heart Ltd, Unit E78
Parliament Business Park, Liverpool, L8 7BA.

3.2.2       If you do not wish to return the packaging then you can keep it and request we deduct the cost from your overall purchase price and refund you the difference.  This will be the purchase price minus the £5 administration charge and minus the cost of the packaging as advertised on our website. Where this also includes the provision of a free bike box, as the delivery part of the service has not been used, we will refund you minus the cost of the bike box as it is advertised as a standalone product on our website. 

3.2.3       HOWEVER, AFTER A CONSIGNMENT HAS BEEN COLLECTED FROM YOU, YOUR ORDER CANNOT BE CANCELLED. This is because we have placed the order on your behalf with the Carrier and will be charged for the collection.  By arranging for the Consignment to be collected, you consent to the provision of services to you and accordingly you will not be able to exercise any legal cancellation right that you may have (also known as a 'cooling off' right) from the point when the Consignment is collected from you.

3.3       An order can only be put on hold and re activated up to a period of seven days after ordering. After that point a refund should be requested and a new order placed should it be needed.

  1. TRANSIT COVER

4.1          Transit cover (otherwise known as SendSafe on our website) is the financial value which your Consignment is protected up to in relation to loss or damage in transit. In general, each order includes £50 of Transit Cover as standard. PLEASE NOTE THAT THE LEVEL OF TRANSIT COVER SELECTED BY YOU WILL AFFECT THE MAXIMUM VALUE OF A CLAIM THAT YOU CAN MAKE AGAINST SENDBIKE (FOR EXAMPLE IF YOUR CONSIGNMENT IS LOST OR DAMAGED).

4.2          A claim can only be started & settled on production of an invoice or receipt proving the value of the goods.

4.3          SendBike reserve the right to collect a damaged item for delivery to our offices for inspection as part of the claims process. The carrier may also arrange an inspection.

4.4          SendBike reserve the right to collect an item for delivery to our office should the claim be paid out in full.

4.5         A claim can only be made up to the covered maximum and the claim can only include the cost of the item plus postage paid through SendBike. Please note therefore we do not cover listing fees, packaging or any additional charge made to a third party for postage as part of the claim.

4.6          You can buy additional Transit Cover (known as 'SafeSend') for an additional fee which is payable at the time of ordering.  This replaces the included cover.

4.7          Enhanced cover can be purchased in a range of values until your Transit Cover reaches a total value of £2500. The maximum value which SendBike will pay for loss and damage will be £2500.   Accordingly, SendBike does not advise sending any Consignment valued at over £2500 as no Transit Cover can be offered over this value.  A claim will only be entertained up to the covered maximum.

4.8          Enhanced cover is not valid for Prohibited or Multiple items inside a parcel and will only cover Loss on Restricted Items unless you have express written agreement from us.  This is highlighted in any product description prior to the placing of your order.  Given that our website accepts orders on an automated basis, you may be able to purchase Enhanced Cover when you place your order for the carriage of Prohibited Items or Restricted Items (depending on the information which is submitted when you place your order).  If this is the case, you are entitled to a refund of the amount that you paid for the Enhanced Cover on a Prohibited item as the cover is not valid. Should a refund request be made for cover on a Restricted item, then the refund will only be possible prior to the goods being collected. Once in transit the cover is valid for Loss only as stated in these Terms.

4.9          For further details on the carriage of Restricted Items and Prohibited Items, please see sections 10 and 11 (below)  For further information on the level of claims you can make against SendBike and SendBikes's limitation on liability, please see section 16.

  1. CHARGES

5.1          All prices quoted on this web site are in pounds sterling. 

5.2          Payment can be made by:

5.2.1       At the time of ordering using a valid UK Credit / debit card.

5.2.2       By Pre paid funds that have been credited to your  account by, known as 'Pre pay facility'. A current running balance can be accessed through your account 24 hours a day. Pre Pay can only be used to pay for an order in full, not as part payment. Should you wish to withdraw money from your Pre pay account other than through purchasing through our site please contact Customer Services for a refund, refunds can take up to 7 days. Please note minimum withdrawal is £1.00. Please note a refund will only be made to the card that was originally used to Pre pay the funds. Funds will automatically expire if not used after one year.

5.2.3 By PayPal.  

5.3          Payment is taken by our automated system at the end of your order once the service has been booked with our Carrier.  PLEASE NOTE THAT IN ADDITION TO THE CHARGES WHICH ARE QUOTED AT THE TIME OF YOUR ORDER, SURCHARGES MAY ALSO BE PAYABLE BY YOU IF, FOR EXAMPLE, THE CONSIGNMENT IS NOT AS DESCRIBED WHEN COLLECTION IS ATTEMPTED OR IF THE CONSIGNMENT IS NOT AVAILABLE FOR COLLECTION AT THE SPECIFIED TIME.  FURTHER DETAILS ARE SET OUT IN SECTION 6 BELOW

5.4          Regular users will be given the option to become a SendBike web member. Our members will benefit from an online address book, full order management and promotional offers from time to time.

5.5          Any Promotional code that has been issued must be entered at the time of ordering and will NOT be refunded after the order is completed if it has not been entered.

5.6         Pre-booked EU and worldwide deliveries can not be refunded if cancelled as all fees are pre-paid by SendBike.  

5.7         To achieve any special offer price we may advertise the order must be placed during the special offer period. The online price will be correct at the time of ordering and will not be backdated if booked after the offer has expired.  

  1. SURCHARGES

6.1          Certain surcharges may be payable by you in addition to the carriage fees which are set out as the cost for the standard delivery of your order. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (if you have consented to this). If we have not obtained your consent to charge surcharges directly to your original payment method, we will contact you directly to arrange payment.  

6.2          Any Surcharges represent the additional administrative costs which will be suffered by SendBike and charges which SendBike may incur from the Carriers and are not penalties imposed by SendBIke. 

6.3          For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.

6.3.1           A surcharge of £10.00 will be applied if you are out when the driver tries to collect or if the date of collection is changed by the purchaser of the service.

6.3.2           A surcharge of £10.00 may be applied if a re delivery is necessary because the receiver is unable to take delivery when required.  

6.3.3           Other surcharges may be applicable if the receiver refuses to take delivery of the goods and they need to be sent back to you.

6.3.4           Only Consignments that are sent in a box that we have provided to you or if you have written confirmation from us to send an item in your own box and you have provided us the the weight and dimensions of your Consignment/s you are pre paying for the postage.  If the Consignment/s are heavier or larger then the additional weight/dimensions will be charged at the applicable rate to the card that the order was placed on together with an admin fee of £15 + VAT plus any further surcharges we receive from the courier due to you mis-declaring the weight and/or dimensions will be passed on to you to pay.  

6.3.5           Saturday delivery surcharge (where you pay extra for a delivery on a Saturday) is available should the Saturday delivery service be selected and will only be applied if requested. 

6.3.6           Some areas will be subject to a remote area charge.  We advise you of these postcodes during ordering and in your confirmation email, it is your obligation to check this. Your order will not be completed until you have paid the remote area charge.

6.3.7           Should a change of delivery request be made once in transit, a Surcharge may be applied depending on the new locality.

6.3.8           You are pre paying for the postage charges.  Any Customs charges for overseas shipments should be payable by the receiver or may be passed on to the Sender should they arise.  Please see the Customs clearance section 12 below which also cover return charges should the customs charges not be paid. 

6.3.9           SendBike cannot carry pallets unless on the Pallet service if available.  Any order that is collected on a pallet that is booked on any of our standard services will be surcharged. 

6.3.10           The consignments must be given to the correct carrier / driver. Should the goods be given to the wrong carrier / driver we will attempt to have the parcel returned. Should this not be possible a surcharge may be applied if the service is more expensive than purchased. If you have booked multiple shipments and multiple companies through our site, please confirm with each driver that you are giving the correct shipments to them.

6.3.11        We may supply Documentation to accompany your shipment. Failure to attach this could result in a Surcharge. See section 7.6.

6.3.12        Pallet & Same Day services could be subject to a waiting Surcharge if the driver is kept waiting more than 5 minutes, a failed collection surcharge if there is nothing to collect or if there is no one at the collection or delivery point. A cancellation fee will also be due if the collection is cancelled within 3 hours of the collection being due. This is postcode / order specific and you will be advised on request.

6.3.13           A surcharge will be made should a Cheque need to be re issued to an alternative name or company than the order was placed in.

  1. COLLECTION OF CONSIGNMENTS

7.1        If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment.

7.2        Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required.  Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment.  This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.

7.3       If we consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in our reasonable opinion is likely to be unsafe hazardous or harmful we reserve the right to dispose of the Damaged Consignment immediately. If the Consignment becomes a Damaged Consignment because of our actions and we have to dispose of it we will only be liable to you up to the amounts specified in 6.7

7.4          Our automated ordering system books the collection as requested by the customer.  In the rare event that the Carrier cannot make the collection please contact SendBike immediately where we will re book for collection the same day if cut off has not passed or the next working day.  Please be aware that we are not aware of any issues with collection until we are contacted and the carrier should not be contacted directly as the booking is made on the SendBike account with the carrier.

7.5          SendBike does not come into direct contact with the Consignment/s when collection is through one of the major Carriers that we hold an account.  Please ensure the correct parcel is given to the correct collecting agent that you have chosen at the time of ordering, see 6.3.9. 

7.6          Export services can be collected from a residential address or business.  Please note the Import services are collection from a business address only. 

7.7          We may supply documentation to accompany your shipment.  You will be advised of this at the time of ordering.  This must be attached to the shipment, if not your shipment could be delayed and be subject to an additional premium (see section 6 regarding surcharges). Further instructions will be found in the confirmation email sent after the booking is placed.

7.8          Your Consignment/s must be packed in a box which we have provided unless you have prior consent from us in writing to pack in a box of your own. All packaging must be to a reasonable standard, packed within a double walled cardboard box with the contents cushioned and protected inside.  The packaging must also be sufficient to protect the Consignment's weight.  It is not always obvious when a Consignment has not been packaged properly. The Carriers will assume that Consignments have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from a parcel that is not packaged to a reasonable standard and in line with the above may be declined. For further details see section 14 below.

7.9          Please note that any item travelling through our services must be able to withstand a short drop, fragile items should not be sent though our services.  Please see our packaging guidelines and Prohibited / Restricted Items in addition and also sections 10 and 11 relating to Prohibited Items and Restricted Items generally. 

7.10          Prohibited Items and Restricted Items and Consignments which have not been packaged properly should not be sent using our services.  If they are sent using our services, the affected item could be subject to delay, return, impounded by Customs or held for collection by you or the receiver. If the goods are held to be collected, you will be notified that collection of said goods must be arranged by a certain date or the goods may incur storage charges and finally discarded. To clarify, the goods may be discarded if i) Customs remove and destroy the Prohibited item (This only applies to Prohibited items not Restricted) ii) they are damaged to such an extent that it is a Health and Safety risk (such as smashed glass); in which case you would be notified of this at the outset or ii) if they have been held for collection for a fixed time limit and the time limit advised has been exceeded.  

7.11        Parcels should not be strapped or attached together.  This is not a secure way for parcels to travel in the Carrier network.  Any item which is not securely packaged or strapped to another package will be treated as a Prohibited Item (see section 11 for further information)

7.12        The Carrier / SendBike have the right to refuse a Consignment for a reasonable reason such as no packaging, insufficient packaging or the Consignment does not comply with the information given by you at the time of placing the order - for example is not labelled correctly, contains a Prohibited item or is larger than stated. 

7.13        Collections are made on Working days only.  Saturday deliveries are available to book online but are not guaranteed.  Refund of the Saturday surcharge will be applied if delivery is not made on the relevant Saturday.

7.14        A receipt should be obtained on collection of your Consignment.  Proof of collection will be required for any issues that you may have with the Consignment or processing of your order.

7.15        Please note the certain services require a bar-coded label / AWB to be printed out and attached to the parcel.  During the quote & Book section it will be stated next to the service description that the service requires a Printer. We will email you a copy of the relevant label to be attached.  Please do this before the courier arrives.  If you do not receive the label, please contact Customer Services as described in 13.

For all other Services the driver will provide a Waybill document that the Collection point will have to complete with the to and from address details. 

7.16        It is the customer's responsibility to ensure that all the details are correctly completed and displayed on the correct Consignment as delivery will be made to the details listed on the Consignment.  It is not the driver's responsibility to check this information, so please ensure this is checked before he leaves. 

  1. TRACKING AND DELIVERY

                  8.1          Delivery dates and times are not guaranteed unless you have selected a Guaranteed Delivery Service.  A Guaranteed Delivery Service offers a money back guarantee if delivery is not attempted at the date and time specified (so long as the reason for delay has not been a customs query, because the delivery is to a remote area as described in section 9, incorrect information having been supplied or a delivery failure because the receiver cannot take delivery). You will be refunded the difference between the guaranteed service and the actual date/time the consignment arrives. 

                  8.2          Transit times quoted are calculated from once collection is made and the consignment is in Transit.  For example, if a 'next day' guaranteed service is ordered, the 'next day' will be calculated from the date that the Consignment is collected. 

                  8.3          Deliveries are made on Working days only.  Saturday deliveries are available to book online but are not guaranteed.  Refund of the Saturday surcharge will be applied if delivery is not made on the relevant Saturday.

                  8.4          Please be advised that SendBike do not track parcels and as such it is the responsibility of the customer to track their own parcels, and to advise us if there are any problems. Tracking is available through our Web site or by contacting our Customer Service department.  Tracking is available up to a period of 12 weeks from sending.  After that stage the tracking number may be re allocated to a new shipment.

                  8.5          You can track all orders online and may contact our offices prior to the return to rectify any issue.  Once returned any return charges that are due must be paid by the person that placed the order, the order will not be refunded and the item will not be re shipped free of charge. The return completes the agreed contract. Tracking is therefore essential to potentially aid delivery and prevent any return and associated costs.

                  8.6          If the driver has used a different tracking number than expected or if the collection point chooses to use a new shipping label from the driver, rather than supplied by SendBike then you will only be able to track using the number left at the time of collection on the Carriers own website or by contacting our Customer Service team. 

                  8.7          SendBike can only deliver to a full street address.  We cannot deliver to a PO Box or BFPO address.  If a Consignment has to be returned for this reason, no refund will be given.

                  8.8       Deliveries will be made to the address on the item, main front door, reception or goods in. The drivers will not deliver to individual department or Block numbers. Deliveries may be made to a neighbouring address if the delivery point is out, but only if the goods can be signed for.

                  8.9          A telephone number for the receiver is required for each Consignment (for example so that the receiver can be called in the event of an address query).  Please note for any overseas address a local number is needed, the Carrier will not call a UK number.  SendBike will not re ship or refund any returned item if a telephone number has not been provided and the Carrier has been unable to arrange delivery because a phone number has not been provided.

                  8.10        1-3 delivery attempts will be made for each Consignment, depending on the service if unsuccessful the Consignment will be returned to the sender. A change of address can only be requested. The contract is to deliver to the address on the item, so no change of address can be guaranteed.

                  8.11        A customs invoice must be completed for ALL countries outside the European Union.  You will be guided online to complete this if applicable and a template will be e-mailed to you once the order is placed.  An accurate description and reason for Export must be entered on this invoice.  If customs find different items than declared or an incorrect reason for export stated (such as Gift when actually purchased) then a surcharge could be applied, items confiscated or the shipment returned (which could be chargeable).  Four copies of the customs Invoice must be given to the driver on collection.

                  8.12        SendBike services are generally offered “door to door”.  This means that we will arrange for pick up from one address and a drop off at another and gain a signature on delivery. If the Consignee is out, goods may be left with a neighbour if they are available to sign. 

  In addition we cannot offer door to door service where the delivery is going to be made in certain foreign countries. It is advised to check the zip code/postcode before sending for International addresses in case of exclusions.  Please note many areas in Turkey, Uganda and Ukraine are not door to door.  The only areas that are delivered to the door in Ukraine are  Kiev, Dnipropetrovsk, Zaporizhya, Odessa, Kharkiv, Donetsk, Mariupol, Lviv. In some areas delivery to a Broker will class as delivered.

                  8.13        Please note shipments to the Reunion Isle, are classed as France, but only Express (Air) services will be available to this destination.  If any other service (Road) is booked and the parcel returned, no refund will be given. 

                  8.14        Please note the Proof of delivery is only kept for up to three months after delivery.  Hard copy Proof of Delivery will be charged at £5.00 per consignment.

                  8.15        Please note that we cannot guarantee to stop any consignment once in transit, although will try and do so if requested. 

  1. REMOTE COLLECTION / DELIVERY

                  9.1          Consignments collected and or delivered in certain areas in Scotland, Wales, Cornwall, Northern Ireland and Offshore Islands may be subject to a 24-48 hour delay with all Carriers.  These areas can also take an additional hour on the Timed Services such as by 9.30am, By 12, 10am. 

                  9.2          Shipments to and from remote areas nationally and internationally on all services may be subject to delay and possible service downgrade.  Please check the address with us prior to sending for advised transit times. 

                  9.3          Guaranteed Services are guaranteed to most areas.  It is the Customers responsibility to check the area they are sending to is covered by this guarantee.

     10. RESTRICTED ITEMS

                  10.1        We strongly recommend that you do not send Restricted Items using our service.  This is because such items are fragile, dangerous or otherwise inappropriate to be carried by our services and Network. Should you proceed to send such goods you do so at your own risk understanding that the item will be covered for Loss only and excluded from any damage cover.  

                  10.2        Given that our website accepts orders on an automated basis, we may not be aware that you have requested the carriage of a Restricted Item – even if you list an item which is restricted when you place your order.  In any case, the Carrier will assume that the Consignment does not contain a Restricted Item and will exercise the level of skill and care when carrying such Consignment as is appropriate to a Consignment which does not contain a Restricted Item.

                  10.3        If a Consignment which contains a Restricted Item is lost, then you will be able to make a claim up to the level of the applicable inclusive Transit Cover (as described in section 4.2 (above) in relation to that lost Consignment.  However, if a Consignment which contains a Restricted Item is damaged, you will be unable to make a claim as described in Section 14 as it has been sent at your own risk (and SendBike hereby limits its liability accordingly).

                  10.4        In the event of damage a restricted item may be held for collection by the Customer. This may be the case if the goods are prohibited and cannot be sent through the system or damaged to such an extent that onward forwarding is not possible.  If this is the case you will be notified in writing that goods must be collected within 7 days following this point they will be discarded.  If the goods are so badly damaged that the contents are destroyed or that the goods pose a Health & Safety risk then they may be immediately discarded.

                  10.5        Restricted items could be subject to non-collection, delay, return or confiscation by Customs. In such circumstances, if a restricted item is collected by the Carrier and then later returned, no refund of carriage will be given and return charges may be applicable.  

                  10.6        In addition you should note that if you send a restricted item, this may cause damage to other Consignments being carried and you may ultimately be liable for loss to those other Consignments if the senders of those Consignments seek to pursue you.

11.          PROHIBITED ITEMS

                  11.1        PROHIBITED ITEMS MUST NOT BE SENT USING OUR SERVICESSending a Prohibited Item using our services is contrary to these terms of use.  No Transit Cover is provided for Prohibited Items. If a Consignment which contains a Prohibited Item is lost or damaged, you will not be able to make a claim for any Transit Cover or other claim from SendBike relating to any loss or damage to such items (and SendBike hereby limits its liability accordingly). 

                  11.2        Given that our website accepts orders on an automated basis, we may not be aware that a Consignment contains a Prohibited Item – even if you list an item which is prohibited when you place your order.  If we discover that you have sought to send a Prohibited Item we will refuse to carry it.  If this is the case, and if the Carrier has collected the Consignment, you will be notified in writing that goods must be collected within 7 days following this point they will be discarded.  If the goods pose a Health & Safety risk then they may be immediately discarded.   No Transit Cover at all is offered for Prohibited Items and you cannot claim for any loss or delay in relation to Prohibited Items.

                  11.3        In addition to our prohibition of the carriage of Prohibited Items, hazardous / dangerous goods are strictly prohibited from our services.  Failure to declare hazardous / dangerous goods could lead to you being prosecuted where unlimited fines and imprisonment are possible.  Please note that the list of Prohibited/Restricted items which relate to our services is not an exhaustive list of what could be considered to be hazardous or dangerous

                  11.4        Item/s sent within a hazardous box will be classed as such, strictly prohibited.  Please do not reuse old hazardous boxes. 

                  11.5        In addition you should note that if you send a Prohibited Item, this may cause damage to other Consignments being carried and you may ultimately be liable for loss to those other Consignments if the senders of those Consignments seek to pursue you

12.            CUSTOMS CLEARANCE

                  12.1        By placing an order, you are prepaying for the outward postage charges of your Consignment/s only.  SendBike has no control over any customs queries, delays or charges that may arise.  Customs charges must be paid in addition by the receiver (or Sender if customs agree this to be possible) before delivery is made. Customs will deal directly with the receiver and in some cases, only the receiver.  If you do not wish to pay the charges and the Consignment is returned, all return charges will also be passed on. Should a deadline be given before the goods are to be discarded and the deadline passes, no claim can be made for the loss and in addition abandonment charges may apply. Please note, it is the Customers responsibility to track all orders and request SendBike to intervene. If the tracking states the goods are held under Customs query and they are returned, or abandoned and we have not been contacted then no refund or claim is due.

                  12.2        Consignments that exceed the value of £4,699 may be delayed as they will require further documentation for clearance.  In any case, you should be aware that the maximum Enhanced Cover offered by SendBike is £2500 (as described in section 4 above) and therefore you are advised not to send high value goods using the SendBike services.

13.          CUSTOMER SERVICES QUERIES

                  13.1        If you need to contact us for any reason, you can do so using the following methods.  

                  13.1.1        For loss or damage claims email: claims@sendbike.com

                  13.1.2        For Refunds email: refunds@sendbike.com

For Customer Services email: help@sendbike.com

  14        LOSS / DAMAGE CLAIMS

FOR DAMAGE, YOU MUST NOTIFY US WITHIN 24 HOURS OF SIGNATURE FOR DELIVERY, WE WILL NOT PROCESS CLAIMS BEYOND THIS TIMEFRAME.
FOR LOSS, YOU MUST NOTIFY US WITHIN 7 DAYS FROM COLLECTION
.   We will then begin the investigation. There is no timeframe for settling claims, but you must allow up to 14 days for an initial response to your first report. We do aim to resolve all claims for loss or damage swiftly and we currently manage this on average in 28 days but this is not a guarantee for every case as some take longer than others.

                   14.1       All enquiries relating to loss or damage to Consignments should be directed through SendBike.  Please do not contact the Carrier directly about your order.  If the Carrier is contacted directly, this may cause delays in the resolution of any issues you may have.

                   14.2       Please be aware that you should sign for goods as "damaged" if this is the case (and if you are not the Recipient of the goods, you should ask the Recipient to do the same).  If goods are signed for as being in good condition, we will not be able to progress your claim any further.  If you are unable to check when the driver is there, please arrange for goods to be signed for as "unchecked".

                   14.3        To process a claim, you will need to have proof that the Carrier has taken the Consignment from you. The best form of such proof is the receipt which the Carrier should provide you with when the Consignment is collected or obtaining a signature on a copy of the shipping label you have.  In addition, in the event of a claim a copy invoice will be needed to prove the value of the Consignment. 

                   14.4        The damaged item together with all packaging should be kept until the claim is concluded as more photographs or inspection of the item may be necessary.

                   14.5        If a claim is made that a Consignment has been damaged, all packaging should be kept for inspection by the Carrier.  The item must also be available for inspection in the state it was delivered, at the address it was delivered to.  Further journeys could cause further damage, making it difficult to assess the original damage. We may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim. 

                   14.6        If it is shown that an item has been damaged in transit, we will (at our discretion) generally pay for damage to be repaired rather than a replacement – depending on the level of damage to the item and subject to the general provisions in Section 14 below.  Accordingly, if you make a claim relating to a damaged item we may also ask for an estimate of repair costs for that item supplied by a specialist who will carry out the repair.   If the item cannot be repaired then we would need this in writing from the specialist for a claim relating to the replacement of the item to be considered. 

                   14.7        In the event that a claim is approved and repair/replacement costs are paid, we will also pay the costs of the reasonable evaluation report and the postage costs associated with that repair/replacement (subject to the postage being limited to the type of Carrier service where the item was damaged) - to the maximum amount specified in section 14.3.   The SendBike claims team will arrange for your item to be carried for repair through the SendBike Services when requested.

                   14.8      A claim relating to a lost item can only be processed once the Carrier has concluded its searches for the item. 

                   14.9      Any amounts payable in relation to a lost or damaged item will only be paid to the party placing the order as further described in 16.4.  Please ensure the exact name or company name is entered at the time of booking as a Surcharge will be charged to re issue a settlement cheque. See section 6 for further details regarding surcharges.

                   14.10      SendBike will deal with the person who placed the order only.

                   14.11      The procedure for accepting Our Offer is as follows:-

(a)      Reply to our offer email stating that you accept our offer as full and final settlement to the claim.

(b)      We will then liase with you to agree the best form of payment to you e.g. bank transfer, paypal or another to be agreed payment type.

 

  1. LIMITATION OF SENDBIKE'S LIABILITY

                   16.1        SendBike's liability to you is subject to the exclusions listed in this section.  This means that, with certain exceptions, the maximum amount of a claim that you can make against SendBike will be limited in value. 

                   16.2        SENDBIKE'S MAXIMUM LIABILITY TO YOU IS LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER.   For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £100 of Transit Cover included.  If the cost of the postage was £29.99, then SendBike's maximum liability to you in relation to that Consignment will be limited to a total of £79.99 (being the £100 of Transit Cover plus the £29.99 cost of postage).  In the same example, if Enhanced Cover was selected up to a value of £200, then SendBike's maximum liability would be £229.99 (being the value of the Enhanced Cover plus the cost of postage). However, SendBike's general limits on liability are subject to the remaining restrictions described in this section 14.

                   16.4        SendBike's liability under these terms of use is limited to the contracting party who placed the order.  Should the Sender have placed the order then we do not have a contract with the receiver (and vice versa) and cannot be contractually liable for any losses suffered by other parties than the person that placed the order.

                   16.5        In any case, to the greatest extent that is permitted by law, SendBike hereby limits its liability to the direct losses suffered by you (save as expressly stated otherwise in these terms of use).  Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.

                   16.6        SendBike accepts no liability for loss or damage to Prohibited Items as these should not be sent using our services.   For further information on limitations relating to Prohibited Items, see section 11.

                   16.7        SendBike will only accept liability for damage to Restricted Items where the goods have not been carried using reasonable skill and care. You are reminded that we recommend that you do not send these items using our services and that the Carriers will assume that Consignments do not include Restricted Items. For further information on limitations relating to Restricted Items, see section 10.

                   16.8       SendBike accepts no liability for loss/damage to an item if it has not been correctly packaged and/or labelled.

17.              SEVERABILITY

If any part of these terms of use is found to be unenforceable as a matter of law, the enforceability of any other part of these terms will not be affected. 

18.              GOVERNING LAW

These terms of use and any contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us. 

19.              STATUTORY RIGHT

These terms of use do not remove any statutory right which you have as a consumer which cannot be excluded. 

20.     RIGHTS OF THIRD PARTIES

A party who is not a party to this agreement (such as a receiver) cannot enforce the terms to this agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.