Terms & Conditions

Terms and Conditions

Please read these Terms and Conditions with care and particularly clauses 3.2, 6, and 8, which set out the extent of our liability under these terms and conditions and provide for an indemnity by you in certain circumstances.

Please note that certain items are prohibited from our Services. Check your item against the Prohibited Items List. Certain other items are carried without compensation cover for damage and are at your risk (i.e. we will not accept any liability for damage to these items caused through the use of our Service). Check your item against the item list not covered for compensation which can be found on our Prohibited Items List page.

Certain other items require more detail from you before they can be sent using our Service. Check your item against the more information required list which can be found on our Prohibited Items List page. .

We require that all items are properly and suitably packaged, for further advice on packing please check our Packaging Tips here http://www.parcelgiants.com/packing-tips.

Standard Terms of Contract

  1. Definitions

In these Terms and Conditions where the following terms are used, they shall have the following meanings:

Account Customer” means any customers with whom we agree in writing may have access to an account. We have complete discretion as to whether to provide customers with accounts.

Airway Bill”  is the document we send you as confirmation that your offer to use our Service has been accepted. This document also contains the address label which you affix to your Consignment.

Agreement” means these terms and conditions, together with the Airway Bill.

Collection Point” is the address at which a Consignment is received or collected by us.

Consignment” means any item(s) of any sort which are, may be, or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.

Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us.

Delivery Point” is the address to which any Consignment is delivered by us which includes for the purposes of clause 12.5.1 any nearby address to which the Consignment is delivered as referred to in clause 8.2.

Excepted Risks” means:

(i)war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or

(ii)ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or

(iii)radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or

(iv)pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or

(v)the absence, failure or inadequacy of the packing or packaging used for a Consignment.

Order” the offer made by you to purchase our Services as set out on the Summary page and submitted by you when you complete your payment details and send the order to us.

Prohibited Item List” means the list of prohibited or restricted items displayed at http://www.parcelgiants.com/prohibited-items.

Purchased” means when you receive the Airmail Bill from us.

Service(s)” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Airway Bill.

us, we or our” means Parcelgiants Limited a limited company registered in England and Wales with company number 08416503 and whose registered office is at 45 Ipswich Avenue, Woodbridge, Suffolk, IP12 3TA and whose VAT number is 155310243, Trading Address and Customer Service , 4 Darter Close, Ipswich, Suffolk, IP3 9TU,

you” means the customer who has contracted with us as set out in the the Airway Bill.

  1. Our Obligations
    • We will carry out the Service(s) for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the the Airway Bill and in accordance with the terms of this Agreement.
    • We shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and we shall notify you of any such changes.
    • We warrant that the Service(s) will be provided using reasonable care and skill.
  2. Loading and Unloading
    • 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 may be required for loading or unloading of a Consignment, save that the driver collecting the Assignment will assist with any lifting required if, in the driver’s sole judgment, it is safe to do so.
    • You must contact us directly if any Consignment (or part of a Consignment) requires any special equipment for loading and unloading. Such Consignment 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 we shall contact you for further instructions and you insist that we 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 (whatsoever and however it may be caused) during the loading or unloading of the Consignment. If you accept that delivery is not possible we will act in accordance with clause 8, save that we will make no attempt to deliver the Consignment to a neighbouring property. You agree to indemnify us and keep us indemnified against any claim or demand from any person arising out of our agreeing to our loading or unloading or being unable to complete delivery of the Consignment in these circumstances.
  3. Placing an Order
    • You can place an Order via our Get A Quote page or by contacting us directly (see our Contact Us page for details).
    • Please note that it is your responsibility to ensure the information you give us is accurate and we shall accept no liability whatsoever in this regard. For further information on our liability to you please see clause 11 below.
    • Please note that if your Consignment is larger than the standard size accepted by us you will be advised of this when filling in the details on the Get A Quote page. In the event you receive this message you should contact us directly for a tailored quote.
  4. Insurance

If your Consignment is valued at over £60 you will automatically be charged insurance at 1% of the value of the Consignment. Inserting the correct value of the Consignment is your responsibility and we shall accept no liability whatsoever in this regard. For further information on our liability to you please see clause 11 below.

  1. Reward Points

Our Account Customers have access to our Reward Points scheme. For more information on this scheme and on how to become an Account Customer please contact us.

  1. Payment
    • If you are an Account Customer then:
      • you shall make payment to us within 7 days of the relevant invoice being issued to you, such invoice to be issued weekly in arrears;
      • without limiting any other right or remedy of ours, if you fail to make any payment due to us by the due date for payment, we shall have the right to put your account on stop until such time as we receive payment from yourselves in whole or part payment of any outstanding invoices.
      • you shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
    • If you are not an Account Customer you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment options (credit or debit card or PayPal) set on our Get A Quote page http://www.parcelgiants.com/get-a-quote
    • Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result. In this event, we will contact you to provide you with an updated quote before accepting your Order.
    • All charges stated, whether by invoice or in the Airway Bill, shall be exclusive of any applicable value added tax which shall be added to the total sum payable by you.
  2. Collection and Deliveries
    • Please see our Booking Cut-Off Times for details on when we are able to collect a Consignment and time by which you must place an Order.
    • We will make up to 3 attempts to deliver a Consignment during normal working hours. If we cannot obtain a delivery receipt at the Delivery Point you agree that we shall be authorised to attempt to deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point and (if successful) we agree that we will leave at the Delivery Point details of the address to which we have delivered the Consignment. If we are unable to deliver, either to the Delivery Point or a nearby address, we shall return the Consignment to our premises and leave a request for the recipient of the Consignment to contact us to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
    • 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 subsequently dispose of it we will only be liable to you up to the amounts specified in clause 11 below.
  3. International Carriage
    • If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom our terms of liability (subject to clause 11 below) shall be governed by the relevant provisions of the Convention for the Unification of Certain Rules for International Carriage by Air (“the Montreal Convention”) as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (“the CMR Regulations”) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. We can provide a copy of these provisions if requested, but even if these are not requested you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
    • If the carriage of any Consignment occurs by air travel and involves stopping in a country other than the country of departure then the Montreal Convention as amended shall be generally applicable to such part of the carriage as occurs by air and, in particular, our maximum liability in respect of loss of or damage to any such Consignment during air travel shall be limited to the amount set out in the Montreal Convention which as at August 2013 is £1,870 per ton of the gross weight (i.e. including any and all packaging) of the Consignment.
    • We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of our carriage and/or delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.
  4. Sub-Contractors
    • You expressly agree that We may use agents and subcontractors including other courier companies in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and any other agents and subcontractors including other courier companies shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
  5. Our Liability

YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

  • Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977.
  • As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur in such circumstances and our liability shall be limited as set out in these terms and conditions. The reasoning behind this limitation of our liability is as follows:
    • The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you;
    • The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
    • It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more appropriate for you to take out such cover;
    • We wish to keep the costs of providing the Service(s) to you as low as possible;
  • In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 11.8;
  • We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
  • Nothing in this Agreement shall limit or exclude our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation.
  • Subject to clause 11.5 above, we shall under no circumstances whatever be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Agreement.
  • Subject to clauses 11.5 and 11.6 above, our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the following amounts:-
    • If we lose or damage all of a Consignment we will be liable for a maximum of £60. If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment, you must provide evidence of value at our request;
    • If we lose or damage part of a Consignment, the amount of the sum determined under clause 11.7.1 above shall be pro rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if the whole Consignment was worth £60 and we lost or damaged one quarter of it, we would only be liable for 25% of the figure worked out under clause 11.7.1 above, i.e. £15.00 being 25% of the value );
    • If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss. This option is available when submitting the information for the Airway Bill and is charged at 1% of the value of the Consignment (please see clause 5 (Insurance) above).
  • If you fail to provide the correct value of the Consignment, thereby failing to insure the Consignment for the correct value, we shall only be liable to you for sums up to the amounts set out at clause 11.7.1 and 11.7.2 above.
  • If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.
  • You shall be responsible for ensuring that all Consignments are correctly and adequately packaged, particularly when combining a number of packages in one Consignment (please see our Packing Tips page for further assistance). We accept no liability for any incorrectly or inadequately packaged Consignments.
  • We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks.
  • If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.
  • We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is accurate, clear and unambiguous.
  1. Your Obligations
    • You agree to:
      • ensure that the information you supply when placing an Order is complete and accurate;
      • ensure that all Consignments are correctly and adequately packaged;
      • co-operate with us in all matters relating to our provision of the Service(s);
      • provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects.
    • You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence.
    • We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; glass; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition we will not carry any items which are on our Prohibited Items List above.
    • We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
    • You understand that:
      • all Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 11.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver.
      • if there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
  1. Your Default
    • If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”):
      • we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default;
      • we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and
      • you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
  1. Your Indemnity
    • We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
    • You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by inaccurate, deficient or ambiguous labelling of such Consignment.
    • You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 11.
  2. Termination
    • Please note that under the Consumer Protection (Distance Selling) Regulations 2000, consumers (but not business customers) are entitled to cancel a contract which is made over the internet before the Services commence and receive a refund of any sums paid. You must give us notice that you wish to cancel by contacting us using one of the methods set out on our Contact Us page. However, if you cancel an Order under this clause 15.1 and we have already begun the Services or incurred any fees in preparing so to do, you will pay us any costs we reasonably incur in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us.
    • Subject to clause 15.1 above where applicable, this Agreement may be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors.
    • On termination of this Agreement for any reason (other than under clause 15.1 above):
      • you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;
      • in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement;
      • in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you;
      • the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
      • clauses which expressly or by implication have effect after termination shall continue in full force and effect.
  1. Notification of Claims
    • We shall not be liable to you under any circumstances for any loss or damage unless you notify us either by Email (via our website) or by written notice of the details of the alleged claim and any request for a refund to Parcelgiants Ltd, 4, Darter Close, Ipswich, Suffolk, IP3 9TU within:-
      • 14 working days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment; or
      • in all other cases (including, but not limited to, loss of the whole of a Consignment) within 14 working days from when the Consignment was collected or received by us.
  1. Miscellaneous
    • Unless specifically agreed otherwise, “working days” do not include Saturdays, Sundays or public holidays and “working hours” means 8.30 am to 6.00 pm on a working day.
    • We will not provide any refund or reduction of charges if on collection we receive less than the number of parcels for which you have contracted.
  2. Nature of Agreement

This Agreement, the CMR Regulations and the Montreal Convention (so far as they are applicable) shall constitute the entire contract between us and you and the contract shall not incorporate, or be deemed to incorporate any provisions of any other documents. In addition, this contract and the documents referred to above shall supersede any previous contract, warranty or representation made or given by us relating to the Service(s).

  1. Variation

No variation, amendment or cancellation of the terms of this Agreement shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.

  1. Applicable Law
    • This agreement and any dispute arising out of or in connection with it or its 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
    • You irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from taking proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by the law of that other jurisdiction.