Terms and Conditions for Mail and Sail

Mail and Sail, PO Box 385, Southampton, SO40 0FN E. enquiries@mailandsail.co.uk

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Terms and Conditions

These are the Terms and Conditions for any Services supplied to the Customer by the Seller.

The Customer should read these Terms and Conditions carefully before they buy any Services from the Seller. These Terms shall apply to all contracts for the sale of Goods or Services by the Seller to the Customer to the exclusion of all other terms and conditions referred to, offered, or relied on by the

Customer, including any standard or printed terms tendered by the Customer.

Definitions

In this document the following words shall have the following meanings:

1.1 'Customer' means the person who buys the Services from the Seller;

1.2 'Goods' means any articles supplied to the Customer by the Seller;

1.3 ‘Force Majeure Event’ means events outside the Seller’s control, as described in clause 7;

1.4 ‘List Price’ means the price of the Services as stated on the Seller’s website or price list as amended from time to time.

1.5 ‘Order’ means the Customer’s order for Services from the Seller;

1.6 ‘Parties’ means the Customer and the Seller collectively, and ‘Party’ means either of them and their permitted assignees.

1.7 ‘Seller’ means Mail and Sail Ltd.

1.8 ‘Services’ means the services listed or as otherwise provided from time to time by the Seller to the Customer;

1.9 ‘Terms’ means the terms and conditions set out in this document; and

1.10 ‘Website’ means www.mailandsail.co.uk

General

2.1 These Terms will become binding on the Customer and the Seller when the Seller confirms that it is able to provide the Customer with the Services. At this point only a contract will come into existence between the Customer and the Seller. If the Seller is unable to supply the Customer with the Services, the Seller will inform the Customer of this and no Order will be processed.

2.2 If any of these Terms conflict with any term of the Order, the Terms will take priority.

2.3 All personal information provided by the Customer is kept and used in accordance with the Seller’s Privacy Policy.

2.4 Third parties: A person who isn’t a party to the contract shall not have any rights to enforce it’s terms.

Mail and Sail

Mail and Sail is a service that sends items deposited to an address chosen by the Customer.

The Seller reserves the right to x-ray and open letters and parcels to check their content, to inform the appropriate authorities of the Customer’s usage of this service and to refuse to forward or to destroy certain items (e.g items listed under the Dangerous Goods Act). The Seller stores the Customer’s item(s) in its secure store. Where the Seller has notified a Customer that it is unable to forward an item, the Customer has up to 42 days to claim their item after it has been deposited with the Seller. If an item is not claimed within 42 days it will become the property of the Seller. Potential claims must be raised with the Seller within 30 days from the date of payment. The Seller’s liability to the Customer for damaged, spoiled or lost item(s) belonging to the Customer, caused by the Seller or in transit, is limited to £50 per act.

Price and Payment

The price shall be that in the current List Price, or such other price as the Parties may agree in writing. The price is exclusive of VAT or any other applicable costs. All prices quoted are in Pounds Sterling (GBP). The Seller may at its absolute discretion require payment in advance. The customer shall pay all accounts in full and not exercise any rights to set off or counter claim against invoices submitted by the seller.

Goods

Risk in the Goods shall pass to the Customer at the earlier of payment for the Goods by the Customer or delivery of the Goods to the Customer. The Customer must notify the Seller in writing immediately upon any damage becoming apparent. The remedies contained in this clause are without prejudice to the other Terms herein, including, but without limitation, clause below.

Liability

Unless otherwise agreed by the Parties in writing, the Seller only supplies the Goods and/or Services for domestic and private use. The Customer agrees not to use the Services for any commercial, business or re-sale purpose, and the Customer has no liability to the Seller for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Force Majeure Event

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract with the Customer.

Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or it’s subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this contract or it’s subject matter of formation (including non contractual disputes of claims).

Items Not Properly Bagged

Items deposited in the Mail and Sail collection bins, not accompanied with the correct tear of strip form within one of the supplied bags, will be deemed to have been confiscated and therefore not returnable. These items will automatically become the property of Mail and Sail.

Carriage of Goods

Once payment is received, items will be packed and sent by courier service. Our courier charges are shown at www.mailandsail.co.uk. Parcels sent by standard service, will be processed and collected by courier for delivery, within 3 weeks from payment received. Parcels sent by express service will be collected by courier for delivery, within 7 days of payment received. The customer can cancel, and receive a refund, at any time before the seller has instructed the courier company. If the customer cancels the order, it will be assumed that the customer no longer wants the items, and therefore the items will become the property of Mail and Sail.