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PostDirect - Terms and Conditions of Delivery

Terms and Conditions of Delivery

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Delivery to you of any of the products ("Products") listed on Healthspan’s website www.healthspan.co.uk which you purchase.  Please read these terms and conditions carefully before ordering Delivery from us.  You should understand that by ordering Delivery from us, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions of Delivery for future reference.

1.    DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern the contract of Delivery between you and us.

"we", "us","our" and “PostDirect” means Wial Computer en Data service B.V and its group companies, employees and agents (but specifically excluding our payment collection agent, Healthspan Limited). We are registered in the Netherlands under company number 20065471 and with our registered office is at Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands

"you" and "your" means the sender or consignor; by placing an order for Delivery of Products with us you warrant that you are legally capable of entering into binding contracts.

"Delivery" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the Products to you;

"consignment note" means information provided by you or by Healthspan on your behalf in paper or electronic form concerning the shipment to you;

"Shipment" means Products which we have accepted for carriage from Hermelijnweg 9, 4877 AE Etten-Leur, Netherlands to another address, whether under our consignment note or not;

Please note that we do not accept orders for delivery from individuals resident in the USA or Canada.

2.    THE PARTY WITH WHOM YOU ARE CONTRACTING

Your contract of Delivery is with Wial Computer en Data Service B.V, trading under the name of “PostDirect”.  You agree that we may subcontract the whole or any part of the contract of Delivery on any terms and conditions we decide.
 
3.    YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your order for Delivery of Products you accept our terms and conditions set out in the consignment note and/or these terms and conditions irrespective of whether you have signed the front of our consignment note or not. 

Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, or deliver your Shipment as well as our employees, directors and agents.  Only our authorised officers may agree to a variation of these terms and conditions in writing. If you provide us with any oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

4.    SCOPE OF THE CONTRACT

4.1.    These terms and conditions apply to the contract agreed between you and us in respect of any Delivery of Products.

4.2.    By concluding any type of contract with us that involves the Delivery of Products you agree that:

  • the contract is a contract of carriage of goods by road if the Delivery of the Shipment actually takes place by road;
  • the contract is a contract of carriage of goods by air if the Delivery of the Shipment actually takes place by air;
  • the contract is a contract of carriage of goods by sea if the Delivery of the Shipment actually takes place by sea;

5.    SHIPPING SECURITY

5.1.    We may be required to share information, including your personal data for Delivery of your Shipment with the Shipment destination country authorities or transit country authorities for customs and / or security reasons.

6.    EXPORT CONTROLS FOR DELIVERIES OUTSIDE THE EU

6.1    If you order Delivery of Products to an address outside the European Union then the Products may be subject to import duties and/or taxes which are levied at the consignment address.

6.2.    You assume responsibility for and guarantee compliance with all applicable export controls laws and for any import laws applicable in the country of destination.

6.3.    You agree to identify Shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with any applicable regulations.

6.4.    You are responsible at your expense for determining export and import licensing or permitting requirements for a Shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.

6.5.    We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.

6.6.    Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment.  In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.

7.    RIGHT OF INSPECTION

7.1.    You agree that we or any governmental authority including customs and security may open and inspect your Shipment at any time.

8.    CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS

The route and the method by which we transport your Shipment shall be at our sole discretion.

Post Zone

Target standard delivery times

Target Courier delivery times

UK

Up to 10 Days

Approx 3-4 days

Rest of Europe

Up to 21 Days

Approx 3-4 days

Rest of World

Up to 28 Days

Approx 3-4 days*

* Dependant on local customs

9.    INCORRECT ADDRESS

If we are unable to make a Delivery of Products because of an incorrect address we will make all reasonable efforts to find the correct address.  We will notify you of the correction and deliver or attempt to deliver the Shipment to the correct address although additional charges may apply.

10.     DELIVERY OF YOUR SHIPMENT

Where we are unable to complete the Delivery of Products for whatever reason we will try to leave a notice at the receiver's address stating that Delivery of Products has been attempted and the whereabouts of the Shipment.  If Delivery of Products has not been made after a second attempt by us, or the receiver refuses to accept Delivery of the Products, we will try to contact you and agree the appropriate next action.  You agree to pay us any costs we incur in forwarding, disposing of or returning the Shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver's instructions within a reasonable period after our second attempt of Delivery of the Products, then you agree that we may destroy or sell the content of the Shipment without any further liability to you.

11.    EXTENT OF OUR LIABILITY FOR CARRIAGE

11.1.    We limit our liability for any loss, damage or delay of your Shipment or any part of it arising from carriage as follows:

11.1.1.    If the carriage of your Shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo.

11.1.2.    If we carry your Shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo.  In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that Shipment or the part which was delayed.

11.1.3.    If none of Clauses 11.1.1 - 11.1.2 above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your Shipment or the part affected is at all times limited to the lower of the market value of the Shipment at the time of carriage or the cost of repairing the Shipment or the part affected with in each case an upper limit that does not exceed £15 per kilo limited to a maximum of £15,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for Delivery in respect of that Shipment or the part which was delayed.

12.    EXCLUSIONS OF LIABILITY

12.1.    We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.

12.2.    We are not liable if we do not fulfil any obligations towards you at all as a result of:

12.2.1.    circumstances beyond our control such as (but not limited to):

  • acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
  • force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
  • national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
  • latent defects or inherent vice in the contents of the shipment;
  • criminal acts of third parties such as theft and arson.

12.2.2.    Your acts or omissions or those of third parties such as (but not limited to):

  • you being in breach of (or any other party claiming an interest in the Shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
  • an act or omission of any customs, security, airline, airport or government official.

12.3.    We are not a common carrier and do not accept any liabilities of a common carrier.

13.    CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the Shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

14.    RATES AND PAYMENT

14.1.    You agree to pay our charges (including applicable surcharges) for the Delivery of the Products to the location specified on the consignment note/contract of carriage, and any applicable value added taxes within 7 days from placing your order for Products without withholding, deduction, counterclaim or set off.

14.2     You agree to make payment of any amounts which are due to us for Delivery and/or any other amounts set out in these terms and conditions to our payment collection agent: Healthspan UK Limited.

14.3.    You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.

14.4.    Our charges are calculated in accordance with the rates applicable to your shipment as set out in our Schedule of charges.    

Post Zone

Standard Delivery Charge

Courier Delivery Charge

UK

£1.95

£19.95

Rest of Europe

£3.95

£19.95

Rest of World

£5.95

£39.95

14.5.    Any additional import duties, taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.  

14.6.    Our charges must be paid in sterling.

15.    LAW AND JURISDICTION

15.1.    In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.

15.2.    Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the Netherlands.

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