These Terms and Conditions (T&Cs) of the Site provided by the Company define the conditions under which the Company grants the Users and Couriers a licence to use the Site and to enable the Users to entrust the Couriers with Deliveries of Goods and pay them, all within a determined contractual framework under the conditions set out in these T&Cs.
The Couriers are independent of the Company. The Company offers a Site enabling a User to make contact with a Courier to have a Delivery of Goods made under these T&Cs.
The service offered by the Company is that of putting the User and the Courier in contact only. It is the sole responsibility of the Courier to make the Delivery of Goods. The Company is not party to the contract entered into between the User and the Courier with regard to the Delivery of Goods
Before making an Order Request, the User should read these T&Cs in full to ensure that he/she understand the terms on which the Company and the Couriers provide the respective services.
These T&Cs comprise the following:
- Part A- The “use of services and liability terms, restrictions and ownership provided by We fast to its users.
- Part B – The “Use of Services and Liability Terms”, which apply to the Services which are provided by the Courier to a User of the Site and website https://delex.club/ (the “Site”).
- Part C – The “Courier Terms” which apply between the User and the Courier only for order for the Delivery of Goods.
- Part D – the “Site Terms” which apply to the general use of the Site, regardless of whether any Services are received.
- Part E – The “General Terms” which apply to the use of the Services and these T&Cs.
- Part F – The Special Conditions which apply to the Couriers.
- Payment terms
- Disclaimer, Limitation of liability, Indemnity
- Governing law
- Other provisions
- Schedule I
- Schedule II
- Schedule III
Acceptance of the T&Cs
- The use of the Site is subject to acceptance of these T&Cs.
- Only the acceptance of these T&Cs enables the Members to access the Services offered by the Site. These T&Cs must be accepted in their entirety and without amendment. In the event of a breach by a Member of any of the obligations set out herein, the Company reserves the right to suspend the Member’s access to the Services, and the Member shall not be entitled to any reimbursement, credit note or compensation.
- These T&Cs include clauses which relate to the Delivery of Goods, which are expressly accepted by the User through issuing an Order Request.
- No special condition or other general conditions issued by the User and/or the Courier shall prevail over these T&Cs.
Amendments to the T&Cs
- The Company reserves the right to amend these T&Cs at any time, notably owing to the evolution of the functionalities offered by the Site and the Applications or the rules of operation of the Services. The amendment shall take effect immediately upon making the amended version of the T&Cs available through the Site, which every Member must have first read and accepted in order to use the Services. If a Member objects to the amendment to the T&Cs, he must refrain from using the Site or Applications and the Services.
- When the amendment occurs after payment by the Member of a sum of money corresponding to a Delivery of Goods, the amendment shall not apply to the transaction in progress. If the amendment entails changes to the procedure for access to and/or use of the Site and/or Applications, the Company shall inform the Member of such change in advance push notifications or by email at the address notified by the Member.
In these T&Cs, capitalised terms shall have the meanings set out below:
“Website”: means any version of the website accessible from a Device and enabling access to the Services and shall include web-site https://delex.club/ Delex for Android, iOS and any other platform.
“Assigned Courier”: the Courier automatically chosen to provide the Services to the User.
“Collection Address”: means the collection address of the Goods stated on the Order Request.
“Company” (or “our”, “us” or “we”): Delex.
“Courier”: means the individual, who offers his services via the Applications or Site in order to execute Deliveries of Goods on behalf of the Users.
“Goods”: means the item(s) subject to the Order Request, with the exception of the Excluded Items.
“Delivery Address”: means the delivery address or multiple delivery addresses for the Goods stated on the Order Request.
“Delivery (ies) of Goods”: means the courier services provided by the Courier(s) to the User via the Applications.
“Delivery Zone”: means a zone where the Company offer equal price for different addresses, as listed on the ‘tariffs’ page of the Site.
“Device”: means any mobile or other device (smartphone, PC, tablet, etc.) having an internet connection and able to download, install and use the Applications.
“Excluded Items” – means the excluded items listed in Schedule 1, for which the Company accepts no liability.
“Force Majeure Event” means any circumstance not within a Party’s reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- Epidemic or pandemic;
- Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
- Nuclear, chemical or biological contamination or sonic boom;
- Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition [, or failing to grant a necessary licence or consent];
- Collapse of buildings, fire, explosion or accident;
- any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party);
- Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause);and
- Interruption or failure of utility service.
“Member”: means either the Courier or the User.
“Method of Transport”: means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport on foot, (ii) transport via Railway Route Set and shown in website, hereinafter referred to as “Vehicle(s)”.
“Offered Price”: means a quote, calculated from the tariffs listed on the Site, for the execution of a Delivery of Goods.
“Order Acceptance”: means the User’s confirmation that the User accepts the Offered Price and grants the Company the permission to bill the User on the Courier’s behalf.
“Order Details”: means all details to be provided by a User when requesting a Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, User and Receivers’ valid mobile phone numbers.
“Order Request”: means a request by a User for a Couriers’ acceptance to provide the Services set out in the Order Details.
“Party (ies)”: means any of the parties, being the Courier, the User or the Company
“Price”: means the remuneration for the Delivery of Goods and Services billed to the User under the conditions set out in Schedule 2.
“Prohibited Item”: means the items listed in Schedule 1.
“Sender”: means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as sender of the Goods, and located at the Collection Address;
“Services”: means all services putting the Users and the Couriers in contact, offered through the Site and Applications.
“Site”: means https://delex.club/, providing access to the Services.
“Technology” means the Site, Applications and any other method introduced by the Company that allows for the automated placing of orders between a User and a Courier.
“Recipient”: means the person (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.
“SC”: means the special conditions of these T&Cs that apply to the Couriers only.
“User” (or “you” or “your”) means the adult individual, or the corporate entity represented by a duly authorized individual, who is resident in the India and requests a Delivery of Goods and to be put in contact with a Courier through the Site or Applications.
Part A- The General Use Of Service, Restrictions, Ownership And Payment Method Provided By Delex To Its Service User Through Use Of Site.
Please Read These Terms Carefully Before Accessing Or Using The Services
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Delex. If you do not agree to these Terms and conditions, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Delex may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Delex may amend the Terms and conditions related to the Services from time to time. Amendments will be effective upon Delex posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Delex may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services constitute a technology platform that enables users of Delex website provided as part of the Services (each, a method”) to arrange and schedule delivery of items/products and/or logistics services with independent third party providers of such services, including independent third party courier service providers under agreement with Delex or certain of Delex affiliates (“Third Party Providers”). Unless otherwise agreed by Delex in a separate written agreement with you, the Services are made available solely for your personal / commercial use. YOU ACKNOWLEDGE THAT Delex DOES NOT PROVIDE COURIER SERVICES AND THAT ALL SUCH COURIER SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Delex OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Delex grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Delex and Delex licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Delex ; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content
The Services and all rights therein are and shall remain Delex’s property or the property of Delex’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Delex’s company names, logos, product and service names, trademarks or services marks or those of Delex’s licensors.
Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Delex certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Delex’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Delex in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive COURIER SERVICES from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no delivery of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
User Provided Content
Delex may, in Delex’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Delex through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Delex , you grant Delex a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Delex’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Delex the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Delex’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Delex in its sole discretion, whether or not such material may be protected by law. Delex may, but shall not be obligated to, review, monitor, or remove User Content, at Delex’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Delex Club does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Part B – Use Of Services And Liability Terms Between Courier Service Provider And User Of Website.
Formation of contract
The User acknowledges and agrees that in, the cooling-off period AS PER CONSUMER PROTECTION ACT 1986 does not apply for contracts for the transport of goods, and therefore to the Deliveries of Goods.
An electronic contract of an undefined duration, relating to the license to use the Site and Applications, is entered into between the Member and the Company upon acceptance of these T&Cs by the Member.
The Company, acting as agent, puts Users in contact with the Courier, acting as Principle, by giving them access to the Company’s Site in order to undertake a Delivery of Goods under the Courier Terms in Part B of these T&C.
For the avoidance of doubt, the Company is not a Courier and is acting only as an intermediary between you and the Courier. The Delivery of Goods is subject to an electronic contract between the User and the Courier, which is formed via the Site and Applications, under these T&Cs.
The Order Request comprising a Collection Address, a Sender, a Recipient and a Delivery Address, is issued by the User, via the Site, and constitutes an offer for services of Delivery of Goods at the Price communicated in the Offered Price.
The User irrevocably acknowledges and accepts that the above creates a sufficiently precise, firm, unequivocal and unreserved offer which is irrevocable, save under the conditions and within the time frames indicated in part B, clause 8.1, and is binding on the User upon acceptance by a Courier of an Order Request.
The Site and Applications allows for the automated placing of orders between a User and a Courier without any human intervention by the Company. We do not ‘check’ the User’s delivery Request before the Courier is assigned. It is therefore essential that the pickup and delivery address is correctly entered and declared in order for the correct Services and pricing to be displayed. The Offered Price will be based on the information you provide when placing the User’s Order Request.
The Company is not obliged to assign any Courier when you make a delivery Request and the Company reserves the right to refuse and cancel any Order Request.
A contract for the Services will only be formed upon your delivery request Acceptance and acceptance by a Courier of the delivery Request.
When a delivery request Acceptance has been made, the Company, acting as agent for the Courier, acting as Principle, will collect, via its banking service provider, the sums due for the Deliveries of Goods undertaken by the Courier for the User.
Use of the Services
- Only Members who accept these terms are in a position to form legally binding contracts under Indian law and may use the Services provided by the Company. Use of the Services is not open to persons aged under 18 or to any persons has previously been suspended or terminated from using the Services. If a Member is using the Services as a business entity, the Member must represent that it has the authority to bind the entity to these T&Cs.
- The Member acknowledges and agrees that the Services are only accessible online via the Site.
- The Company reserves the right to reject or cancel a User’s Order Request at any time and for any reason or for no reason.
- The Company reserves the right to notify other Users of any actions that it, in the Company’s sole discretion deem serious, and which have led to the cancellation of a User’s Order Request.
- If a User is so prevented from using the Services, the User may appeal for reinstatement. The appeal must include a written statement as to why the User should be reinstated along with the User’s contact information. The appeal may be reviewed at the Company’s discretion and any determination as to a User’s reinstatement will be at the Company’s sole discretion. A User’s submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. The Company will contact the User as to its decision to reinstate you. The Company is not obligated to give you any reasoning as to its decision. All decisions are final.
Nothing in these T&Cs limits or excludes the Company’s liability to a Member for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- Any other liability which cannot be limited or excluded at law.
Limitation of liability
Subject to this Part A, clause 4.1, the Company’s total liability to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the T&Cs shall be limited to Rs 1000
The Company shall not be liable to any Member, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these T&Cs for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss;
- losses arising as a result of any information provided by Members, including in relation to the dissemination of such information on the Site and/or Applications;
- losses arising in connection with any use of the Technology and/or the Services by a Member which is in breach of these T&Cs;
- losses arising in connection with: (i) the use or unavailability of the Services, the Site and/or the Applications; and (ii) access to the Services, the Site and/or the Applications by an unauthorised user;
- losses arising in connection with any malfunction of any nature relating to the Member’s Device and his connection to the internet upon accessing the Site, Applications and/or the Services;
- losses arising in connection with mechanical, electronic or electrical derangement of the Goods unless caused by external means; or caused by: latent or inherent defect; defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property: vermin, wear, tear or gradual depreciation; or inherent vice.
Additional provisions in relation to the Delivery of Goods
- In addition to the provisions of Part B 4.1 and 4.2 of these T&Cs, the following provisions apply in relation to acts of the Members and the contractual relations between the User and the Courier.
- The Member is solely responsible for breaches and/or violations of the legislation applicable to him and to these T&Cs with regard to both the Company and the other Member with whom he is in contractual relations, and for damages that may arise owing to these violations and/or breaches.
- The Member shall be liable for, and shall compensate, the Company and/or any other Member and/or a third party in respect of any claims, complaints, remedies and petitions, of any nature, resulting from such a violation or breach, relating to: i) the use of the Technology by the Member; ii) the relationship between the Courier and the User; iii) the operation of the Method of Transport with regards to the Courier; and iv) the Delivery of Goods with regard to the Courier.
- The Member shall compensate the Company and/or third parties for any direct and indirect damages resulting from such violations and/or breaches.
The Member shall indemnify, defend and/or settle and hold harmless the Company against any loss or damage (including legal costs) which the Company may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the Member of the provisions of these T&Cs.
- The Courier may become liable for material damage and/or consequential loss, such as loss, theft, material damage, or destruction of the Goods during the Delivery of Goods, except where the foregoing are due to factors such as, without limitation, fault of the Sender or the Recipient, a Force Majeure Event, a defect inherent to the Goods or insufficient packaging.
- The Courier’s total liability for material damage and/or consequential loss, such as loss, theft, material damage, average or destruction of the Goods shall be lesser of: i) the original value of the Goods; ii) the amount of their repair or reconstitution, In both cases up to the limit of Rs 5,000. The User and/or Recipient must provide receipts to support any claim.
- The Courier shall not be liable for any indirect loss resulting from the Delivery of Goods or the failure of the Delivery of Goods.
Where Goods include sensitive data and documents the User shall indemnify the Courier against all actions, claims, proceedings and judgments together with costs incurred relating to loss, damage or disclosure of such data or documents.
The Company in future may, from time to time, offer Users the ability to purchase Enhanced Protection for losses suffered for Delivery of Goods.
Part C – Courier Terms
These Part C Courier Terms apply only to the User and the Courier in relation to the Delivery of Goods. The Company, acting as agent, puts Users in contact with the Courier, acting as Principle, by giving them access to the Company’s Technology in order to undertake a Delivery of Goods. All Delivery of Goods by the Courier shall be subject to these Courier Terms.
Processes relative to the Deliveries of Goods
Request for Delivery of Goods by the User
- The User shall enter the Collection Address, the Sender from whom the Courier must collect the Goods, the Delivery Address and the Recipient to which the Courier must deliver the Goods into the Site or Applications, together with a telephone number, which may be that of the User and/or the Sender and/or the Recipient.
- The User acknowledges and agrees that this is essential information for the Delivery of Goods on the basis of which the Courier is bound.
- The User represents and warrants to the Courier that the User shall:
Request the Delivery of Goods to a named individual, on the understanding that the Delivery of Goods can only be confirmed by the Recipient’s signature;
- Specify the details, obvious or otherwise, of the Goods when they may have repercussions on the progress of the delivery by the Courier, in particular if they may affect the Method of Transport;
- Not request Delivery of Goods to a Recipient who is inaccessible or which would require unreasonable efforts by the Courier, such as Recipients who may be incarcerated or whose address is inaccessible by land and/or not close to a marked road;
- The details entered into the Order Request are correct and that the Goods correctly labelled (delivery of the Goods will be made based on the details contained on the Goods).
- Only use the Service and the Order Request for legal purposes.
- Not use the Service for Excluded Items.
- Subject to the foregoing, an Offered Price shall then be communicated to the User for the Delivery of Goods.
- On acceptance by a Courier of an Order Request, the User will be provided with the telephone number of the Courier.
Acceptance by the Courier of the Order Request
Acceptance by the Courier of an Order Request via the Site irrevocably binds the Courier to undertake the said Delivery of Goods under the conditions of the T&Cs.
Confirmation of the Order Request:
- Irrespective of the Method of Transport used, if the Courier accepts the Order Request, he undertakes to the User to affect the Delivery of Goods under the conditions of Part F.
- Acceptance by a Courier of an Order Request shall be notified to the User by a notification SMS message to the telephone number entered on the Site in the Order Request, and is deemed to constitute irrevocable conclusion of the contract binding the User to the Courier that makes the Delivery of Goods, subject to the provisions of Part C, Article 8 of these T&Cs.
Packaging of the Goods
- The User shall ensure that the Goods are packaged to a reasonable standard to protect the contents. The packaging must also be sufficient to protect the Goods’ weight and multiple parcels shall not be strapped or attached together. Any Goods that have not been packaged correctly will be treated as Excluded Items.
- The Couriers will assume that Goods 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 Part B clause 2 above.
- All Goods must be able to withstand a short drop, the Services should not be used for very fragile items.
- The Courier has the right to refuse a Goods for a reasonable reason such as no packaging, insufficient packaging or the where the Goods do not comply with the information given by the User in the Order Request – for example the Goods contain deficient or ambiguous labelling, contains a Prohibited item or is larger/heavier than stated. In such circumstances the Cancellation Fee shall be payable
- It is the User’s responsibility to ensure the person handing over the Goods gives it to the correct Courier. Delex and the Courier accepts no liability for loss, damage or theft of a Goods as a result of the Goods being given to anyone other than the correct Courier.
- On collection of the Goods the Courier shall offer the Sender to provide a signature at the screen of his/her smartphone. The signature will be proof of collection as required for any issues that the User may have with the Goods or processing of the order.
- It is the User’s responsibility to ensure that all the details are correctly completed and displayed on the correct Goods as delivery will be made to the details listed on the Goods. It is not the Courier’s responsibility to check this information, so please ensure this is checked before he leaves.
Collection of the Goods
- The Courier may need to contact the User by telephone after acceptance of the Order Request.
- The Courier may also need to contact the Sender and/or the Recipient, if not the User, by telephone at the time of the Delivery of Goods.
- In this respect, the User who has entered the telephone numbers of the Recipient and/or the Sender, so they can be contacted by the Courier within the framework of the Delivery of Goods, represents and warrants that he has obtained their agreement to do so.
- If the Goods are not ready for collection at the proposed collection time set out in the Order Request, if requested by the User, the Courier will wait for collection of the Goods. An additional charge of 3 per minutes (in addition to the Price remaining payable for the Delivery of Goods) shall be charged to the User if the Courier waits for the Goods for more than 15 minutes after the proposed collection time set out in the Order Request.
- If the Courier is unable to contact the User and/or the Sender and/or the Recipient, the Courier may automatically terminate the Delivery of Goods and charge the User the full Price, in accordance with Part C, clause 6.2 of these T&Cs. In the event that the Delivery of Goods is terminated, the Courier will organise a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the User. The cost of delivery will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
- The collection of the Goods will normally occur on the User’s chosen date and an delivery Request can be made between 1 hour and 14 days ahead of the required delivery date. Collections are possible 24/7/365, but are subject to Courier availability in applying the Order Request to meet the User’s requirements.
- The automated system on the Site and Applications requests collection times as set out in the User’s Order Request. The Courier is under no obligation to collect the Goods within any timeframe communicated as an estimate, or within any other deadline. In the event that the Courier is unable to collect the Goods within the timeframe set out in the Order Request, the Courier will endeavour to notify the User of the revised collection time as soon as possible.
- Where a failure to collect the Goods in accordance with the Order Request arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the Courier must be contacted and redelivery shall be made free of charge. In all other circumstances, any such redelivery will be a new Order Request and will be charged the full Price and the aborted collection will be charged 50% of the Price as a cancellation fee.
- The collection of the Goods by the Courier from the Sender is recorded by the signature of the said Sender on the Applications installed on the Courier’s Device. Provision of a signature will be proof of the collection of Goods in accordance with the User’s Order Request.
- The User shall ensure the correct parcel is given to the correct Assigned Courier. The Sender can identify the Assigned Courier using the order reference number received at the time of the booking. The Courier accepts no liability for loss, damage or theft of Goods as a result of the Goods being given to anyone other than the Assigned Courier.
Execution of the Delivery of Goods by the Courier
- The Courier is deemed to be in possession of the Goods once the Sender has signed the Applications installed on the Courier’s Device.
- The Courier is under no obligation to make any Delivery of Goods within any timeframe communicated as an estimate, or within any other deadline. However, he undertakes to use best efforts to complete the Delivery of Goods within a reasonable timeframe, taking account of the Method of Transport, the Goods, the traffic and weather conditions, etc.
Delivery of the Goods by the Courier to the Recipient
- The Delivery of the Goods by the Courier to the Recipient is recorded by the signature of the said Recipient on the Applications installed on the Courier’s Device. Provision of a signature will be proof of the Delivery of Goods in accordance with the User’s delivery Request.
- Delivery of Goods is possible 24/7/365, but are subject to Courier availability in applying the Order Request to meet the User’s requirements.
- If a Courier has been unable deliver the Goods, the Courier will make reasonable attempts to notify the User by email, text and/or phone call to try to ensure the delivery can occur. After making such reasonable attempts, the Courier may cancel the Delivery of Goods in accordance with Part C, clause 6.2. A cancellation fee of 50% of the Price will apply.
- The User can request that the Delivery of Goods and collection may be made to or from a neighbouring address or an unmanned address by calling the Company’s support desk. The Courier shall not be liable for any claims that the Goods were not delivered where the Courier has confirmed in real time that the Goods was delivered. The Courier may take a photograph of the Delivery of Goods at an unmanned address as proof of delivery.
- Couriers can only deliver to a full street address. The Courier cannot deliver to a PO Box or BFPO address. If a full street address has not been provided and the Courier has been unable to make a Delivery of Goods, no refund will be given to the User and an additional charge of 50% of the Price will be payable as a cancellation fee by the User.
Cancellation Of Delivery of Goods
Cancellation by the User
- The User is not obliged to accept any of the Offered Prices and may cancel his delivery Request, without cost, provided that no delivery request Acceptance has been made.
- Once the User indicates a delivery request Acceptance, the User may cancel his delivery Request, provided that the Courier has not collected, or attempted to collect, the Goods from the Sender. A cancellation fee of 50% of the Price may apply.
- Once the Goods have been collected by the Courier, it is then no longer possible for the User to cancel the Delivery of Goods and the full Price is payable by the User.
- In the event that the Delivery of Goods is cancelled by the User after collection of the Goods by the Courier, the Courier will organise a Delivery of Goods to the Collection Address (reverse process) so that the Courier can return the Goods to the Sender or the User. The cost of delivery will be calculated as if the returning point is the additional waypoint and Sender is the current Recipient.
Cancellation by the Courier
- The Courier may only cancel a Delivery of Goods in the following cases:
- If the Goods differ from the description given in the Delivery Request;
- If the Goods present dimensions greater than those set out in the Delivery Request;
- If the Goods have no packaging or are insufficiently packaged;
- If the Goods are not labelled correctly;
- If the Goods contain a Prohibited Item; or
- If the Courier cannot execute the Delivery of Goods without communicating with the User and/or the Sender and/or the Recipient and is unable to connect with the User and/or the Sender and/or the Recipient on the telephone numbers provided. .
- The cancellation by the Courier of the Delivery of Goods for the aforementioned reasons must be considered as cancellation by the User as defined in Part C, clause 6.1 of these T&C, and the full Price shall be billed to the User.
- Upon Delivery of Goods, the User shall, unless otherwise agreed in advance, sign (or ensure that the Recipient signs) for the Goods, indicating to the Courier that the Goods are undamaged.
- In the event of loss or damage to the Goods, the Recipient must refuse to sign for the Delivery of Goods and explain the reasons to the Courier. The User shall also notify the Company of any loss or damage to the Goods separately in writing within 1 day of Delivery of Goods.
- In the absence of detailed reservations recorded by the Recipient at the time of the Delivery of Goods, it shall be the User’s responsibility to prove that the damage took place during the Delivery of Goods by the Courier, and to establish that the damage was caused during the Delivery of Goods by the Courier.
- Once the Courier has left following Delivery of Goods, all enquiries relating to loss or damage to the Goods should be directed through the Company as agent for the Courier.
- Any additional information requested to substantiate a claim for loss or damage of Goods must be made available within 21 days of request. If the information requested is not received within this timescale, the Courier reserves the right to close the claim. The User can send an email to submit a damage/loss claim to https://Delex.club/
- To proceed with a claim, the User will need to have proof that the Courier has taken the Goods from the Sender. In addition, in the event of a claim, a copy of the receipt for the Goods will be required to prove the value of the Goods, together with serial numbers and IMEI numbers for electrical items.
- The damaged Goods together with all packaging should be kept until the claim is concluded as photographs or inspection of the Goods may be necessary.
- If a claim is made that the Goods have been damaged, all packaging should be kept for inspection by the Courier. The item must also be available for inspection in the state it was delivered, at the Delivery Address. Further journeys could cause further damage, making it difficult to assess the original damage. The Courier may also ask for photographs of the internal and external packaging as well as the damaged item to process the claim.
- If the User makes a claim relating to damaged Goods, the Courier may also ask for an estimate of repair costs for the Goods supplied by a specialist. If the Goods cannot be repaired, then the Courier would need this in writing from the specialist.
- A claim relating to lost Goods can only be processed once the Courier has concluded its searches for the Goods within a reasonable timescale.
- Any amounts payable in relation to lost or damaged Goods will only be paid to the User. 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.
- Subject to Part B, clause 4.1, the Courier will not be liable (whether in negligence or otherwise) to the User in respect of any loss or damage of Goods unless legal proceedings are commenced against the Courier within 15 days from the date of Delivery of Goods or the date of a claim decision.
- No suspension nor reimbursement of the Price owed by the User shall be made in any circumstance other than those listed in Part C, Article 7 of these Ts&Cs, including without limitation, the refusal of the Goods by the Recipient, or his refusal to receive them. If the Recipient refuses to accept the Goods for any reason other than those set out in Part C, Article 7, the Courier shall return the Goods through a Delivery of Goods and the User will be billed for such return.
- The User acknowledges and agrees that the Courier is not responsible for any non-conformity of the Goods or delay in Delivery of Goods in relation to the estimated timeframe indicated, and that these do not constitute a valid and admissible reason for refusing to accept the Goods.
- Certain surcharges may be payable by the User to the Courier in addition to the Price. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (and the User hereby authorise the automated payment of such charges).
- Any Surcharges represent the additional administrative costs, which will be suffered by the Courier in connection with the Services and charges which the Company may incur. The Company act on behalf of the Courier as agent for the purpose of collecting any surcharges. This information is made available to you prior to placing the User’s order.
- For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable.
- If the Goods are not ready for collection at the proposed collection time set out in the Order Request, if requested by the User, the Courier will wait for collection of the Goods. An additional charge of 3 per minute (in addition to the Price remaining payable for the Delivery of Goods) shall be charged to the User if the Courier waits for the Goods for more than 15 minutes after the proposed collection time set out in the Order Request.
- A surcharge of up to 100% of the Price (in addition to the Price remaining payable) may be applied when the Courier tries to deliver the Goods and is unable to deliver in accordance with the Order Request, after the Courier’s attempts to contact you have failed or it has been confirmed that the collection cannot be made when scheduled. Where a failure to deliver the Goods arises from the acts, actions, behaviour, attitudes and/or negligence of the Courier, the User not be liable for the surcharge.
- A surcharge of respective value (in addition to the Fee remaining payable) will be applied if the receiver refuses to take delivery of the goods and they need to be sent back to the collection point or if it is not, in the reasonable opinion of the Courier, possible to leave the Goods in a safe place at the point of delivery. The respective value will be calculated as if the returning point is the additional waypoint and initial Sender.
Excluded and Prohibited Items Excluded Items You are entitled to send the following items via the Courier Service but the Company will have no liability in respect of such Excluded Items or in the following circumstances:
- Items which may suffer loss, damage, deterioration or depreciation caused by variation in temperature (unless caused by an accident to the conveying Vehicle)
- Items which suffer any mechanical, electronic or electrical derangement unless caused by external means.
- Loss or damage caused by: defective or inadequate packing, insulation or labelling; shortage in weight, evaporation or ordinary leakage; deliberate abandonment of the Goods or other property; vermin, wear, tear or gradual depreciation; inherent vice
- [Include Here the point for Legal Drugs in connection with the urgency and couriers availability] •Living & dead creatures
- Cash and cash like instruments including bank notes, specie and unnamed cheques
- Bonds, treasury notes and other securities
- Prepaid phone cards and similar
- Negotiable instruments
- Precious metals (unless part of a piece of jewellery)
- Precious stones (unless part of a piece of jewellery)
- Cigarettes and other tobacco.
- Data stored in writing in any format, whether hard copy or electronically, with contents including but not limited to names, addresses, bank details, signatures and dates of birth is entirely at the Customer’s risk. Prohibited Items You are prohibited from using the Services for delivery of the following Prohibited Items, in respect of which the Company accepts no liability whatsoever. We do not accept liability for any consequence whatsoever resulting directly or indirectly from or in connection with any of the following Prohibited Items, regardless of any other contributory cause or event: Any and all items which are illegal to carry own or transport or which, in the reasonable opinion of the Company, may potentially be hazardous or dangerous to the Courier or the general public, including but not limited to:
- Explosives including fireworks
- Pornographic materials
- Illegal drugs or any other contraband
- Weapons, Arms, Ammunition or associated parts, accessories, materials, ingredients or technology, including deactivated and replica weapons
- Blades of any kind longer than 1.5 inches
- Dangerous power tools such as chain saws
- Flammable materials
- Dangerous chemicals
- Dangerous biological agents
- Any item packaged in a hazardous or dangerous box
Schedule 2 – Price
Billing mandate The Company puts Users in contact with the Courier by giving them access to the Company’s Site. The Courier, acting as principal, confers on the Company, acting as agent, with respect for the applicable economic and tax rules, the task of preparing and issuing the Courier’s invoices. Purpose of the billing mandate The Courier expressly authorises and instructs the Company, which hereby accepts, to prepare in his name and on his behalf original invoices (initial and/or corrective) relating to the Deliveries of Goods to the Users, in compliance with all applicable legislation. The Company shall be responsible for sending the said invoices to the Users. Duration of the agreement This billing mandate, which takes effect upon acceptance of the T&Cs, is entered into for an undefined duration. It may be terminated at any time by the Company and the Courier, without particular reason, by registered letter with acknowledgement of receipt. The revocation shall take effect upon receipt of this registered letter or email. Obligations of the Company
The Company, acting as agent, shall prepare the invoices for Deliveries of Goods in compliance with the information given by the Courier, in the name and on behalf of the principle, the Courier. The Company shall ensure that the original invoices it issues in the name and on behalf of the Courier are in the same form as if they had been issued by the Courier himself, particularly in relation to the mandatory details required by the applicable legislation. The Company shall also ensure that the original invoices it issues bear the wording “Invoice prepared by [the Company] in the name and on behalf of [name of Courier]”. Obligations of the Courier The Courier retains full liability for his legal and tax obligations in matters of billing for the original invoices issued in his name and on his behalf by the Company pursuant to these T&Cs, particularly in relation to his VAT obligations. The Company shall not be liable for breaches of the Courier’s tax obligations, and shall have no joint and several liability for payment of any VAT, penalties or fines owed by the Courier. The Courier retains full liability, where applicable, for his status as beneficiary of the basic VAT allowance. The Courier shall be responsible for all of his tax and VAT obligations. Dispute over invoices issued on behalf of the Courier That Parties agree that the invoices issued within the framework of these T&Cs do not need to be formally authenticated by the Courier. The Courier shall have a period of fifteen days from its date of issue to contest the content of the invoice issued in his name and on his behalf by the Company. In the absence of dispute within this period, the Courier shall be deemed to have accepted the invoice issued in his name and on his behalf. In the event of dispute, the Company shall issue a corrective invoice. The Price due from the User to the Courier for the Delivery of Goods (less the commission owed to the Company and where applicable the cost of insurance) shall be paid directly to the Courier’s Stripe account.
Policy explains how we use your personal information to deliver your on-demand delivery and courier services (“Services”). This Policy (together with our terms and conditions of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This policy applies to our website (https://delex.club/) (“our site”), and to any other method introduced by the Company that allows for the automated placing of orders between you and a Courier. Primarily this Policy is relevant to our registered users, who use our Services. However, it is also relevant to customers who receive deliveries from ordered through our website, and to general visitors to our website. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By providing us with your personal information, you agree to it being used and disclosed in the manner set out in this Policy.
Information we may collect from you We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our services, place an order with us, opt to receive delivery of an order, and/or when you report a problem with our site, apps, any other method introduced by the Company that allows for the automated placing of orders between a you and a Courier or the Services.
- The information you give us may include your name; address; e-mail address; phone number; financial and credit card information; your delivery history; the history of the trips taken to make your deliveries; incidents or complaints relating to a delivery; and your signature.
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide including call centre support. [This information may be shared internally and combined with data collected on this site.] We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, etc) and may receive information about you from them.