InPost UK Ltd Terms & Conditions of Trading
2. Agreement to Terms and Conditions
- By using the Service you agree to be bound by these terms for you, yourself and as agent for and behalf of any other person having an interest in any Parcel tendered to us for delivery, temporary storage or receipt.
- These Terms and Conditions shall be binding on you and us, when a Parcel is accepted by us from you or from any third party on your behalf.
3. Your Obligations
- You warrant that articles contained in any Parcel tendered to us by you or on your behalf by any third party are acceptable for transport, delivery, temporary storage and receipt by us and that the Parcel is, where applicable, properly marked with a Label printed from the InPost website or provided to you by a retailer. You warrant that any Parcel tendered to us is adequately packed to ensure safe delivery and transportation with ordinary care and handling.
- Parcels must be packed properly and safely, in a manner preventing their opening with interference in the packaging, as well as preventing the loss of their content, or destruction of other deliveries during transport.
- Articles contained in any Parcel must comply with the InPost guidelines on restricted/prohibited items which can be found in clause 9.
4. Liability and Limitation
- We will perform our duties with a reasonable degree of care, diligence, skill and judgement. We shall not be liable for any loss or damage if and to the extent that such loss or damage was caused by:
- strike, lock-out, stoppage or restraint of labour the consequences of which we are unable to avoid by the exercise of reasonable diligence; and
- any cause or event which we are unable to avoid and the consequences of which we are unable to prevent by the exercise of reasonable diligence.
- We accept no responsibility for departure or arrival dates or times of any Parcel and the goods contained therein.
- Our liability howsoever arising shall not exceed the replacement value of any goods stolen, lost or damaged or £20.00 GBP (twenty-five pounds) whichever shall be the lower. We shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profits, revenue, loss of market or the consequences of delay or deviation however caused.
- We are not a common carrier our services revolve around delivery to and collection from our network of parcel machines around the United Kingdom.
- Any claim by you or any addressee against us arising in respect of our Service shall be made in writing and notified to us within 10 (ten) days of the date upon which you became (or should have become) aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as above shall be deemed to be waived and absolutely barred except where you can show that it was impossible for you to comply with this time limit. Notwithstanding the aforementioned time limit, we shall in any event be discharged of all liability whatsoever howsoever arising in respect of any Service provided unless a claim is brought within 6 (six) months from the date of the event or occurrence alleged to give rise to a cause of action against us.
- We are entitled to perform any of our obligations by ourselves or by any subcontractor. In the absence of agreement to the contrary, any contract to which these Terms and Conditions apply is made by us on our own behalf and on behalf of any such subcontractor who shall in addition be entitled to the benefit of these Terms and Conditions.
5. No Warranties or Guarantees
- We make no warranties or guarantees of any kind expressed or implied, save as required by applicable laws.
6. Right to Open Lockers and Inspect Parcel Contents
- We reserve the right and maintain the right to open a locker holding your Parcel at our option or at the request of government or of any regulatory authority so as to access your Parcel.
- Your Parcel(s) may, at our option or at the request of government or of any regulatory authority, be opened and contents inspected by us or by such authorities at any time, even before accepting it for despatch. We are under no obligation to make good or compensate you in respect of any damage or delay thereby caused to a Parcel or its contents.
7. Photographic and Data Records About Your Parcels
- We may obtain photographs of the person(s) receiving and sending Parcels at any Parcel Machine. The photographs may be used as evidence (in the event of a claim or dispute) that a Parcel was received (or sent) and / or to determine the condition of a Parcel when it was received (or sent).
- We ensure that any personal data revealed to us about you and/or the addressee will be preceded solely for the purpose of performing the Service with due diligence in compliance with the provisions of the law applicable in the United Kingdom on the protection of personal data and in compliance with the General Data Protection Regulation (“GDPR”) under conditions ensuring the security of processing of personal data.
8. Responsibility for Payment
- You will always be primarily responsible for all charges, including transportation charges, possible surcharges, penalties or fines, taxes related to any Parcel tendered to us by you or on your behalf. You will be responsible for any costs we incur in returning a Parcel to you or making alternative arrangements for delivery or disposal of any Parcel tendered to us by you or on your behalf.
- Subject to prior express instructions given by you in writing (and accepted by us in writing) we reserve absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of Parcels.
- Pending forwarding or delivery, Parcels may be warehoused or otherwise held at any of our sites or the sites of our subcontractors at our sole discretion and the cost thereof shall be for your account.
- We shall not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature or value of any Parcel or as to any special interest in delivery unless it shall have been previously and expressly instructed by you in writing and we have agreed in writing to do so.
- Except insofar as may be required to comply with your instructions as regards documentation or, except under special arrangements previously made in writing, we shall not be obliged to arrange for the Parcel to be carried, stored or handled separately from other parcels.
- Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision prior to acceptance. Further, unless otherwise agreed in writing, we are at liberty after acceptance to revise quotation or charges in the event of changes occurring in currency exchange rates, rates of freight, insurance premiums or any other charges applicable to your Parcel.
- The costs of the Service may be payable prior to its performance or in arrears, the latter, however, is offered solely to specific senders on the basis of a separate supplemental agreement.
- Payment prior to the performance of the Service is available for all customers. For payment prior to the Service performance, the payment will be collected from your account at the moment of issuing a Label. Your account is charged up solely through the system of electronic payments (via transfer or a pay card). The sum of charge-up may be only devoted to serve the purposes of the Service and is not subject to return, and if not utilised for two years – it is lost. If requested by you, we will issue a VAT invoice for the sum of a charge-up. You are entitled to choose the option of receiving VAT invoices.
- All invoices raised by us for payment in arrears are subject to settlement in accordance to the payment terms agreed as part of the contract and time shall be of the essence. Where payment is not received within that timeframe, we reserve the right to impose a surcharge on all outstanding balances at the rate of 4% per month or £10.00 per month, whichever is the greater. The surcharge shall be payable in respect of a period of less than one month as if such period were in fact one month. All sums shall be paid to us immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
- Debit/Credit card payments will be based on reading the card data and saving them on servers that meet the card industry’s PCI DSS requirements. If the data is entered manually by the card holder, the card data will be sent using 128 bit encryption. We do not have access to the card data. The data will be stored and processed only by a professional payment service provider. It has (and will have) all necessary security certifications required against such payment service providers. The card holder may request the removal of card data from the professional payment service provider at any time. The card payment must be processed before the Parcel can be collected from the destination Parcel Machine.
- We are not a party to any contract or arrangement between you and any third party in connection with you making use of the Service. You are exclusively responsible for meeting all requirements and obligations arising out of such contract of arrangement including those related to contracts concluded at a distance.
9. Items Not Acceptable for Delivery Via InPost UK
- Articles contained in any Parcel must comply with the InPost guidelines on restricted/prohibited items. We will not accept for delivery or storage within a parcel machine any item included on our list of restricted items (in no particular order and the following includes but is not limited to):
- Parcels or items that do not conform to InPost UK size, dimension and weight limits. The maximum is 410mm x 380mm x 640mm and 15kg weight;
- Money (coins, notes, negotiable instruments equivalent to cash such as endorsed stocks and bonds). Stamps or Coins of any kind;
- Firearms, weaponry, ammunition and their parts;
- Foodstuffs, perishable food articles and beverages requiring refrigeration or other temperature or environmental control;
- Fireworks and other items of an incendiary or flammable nature;
- Explosives of any kind;
- Human or animal corpses, organs or body parts, human and animal embryos, cremated or disinterred human remains;
- Hazardous waste, including, but not limited to, used hypodermic needles and/or syringes or medical waste; blood and pathology items that present a potential biological hazard of any kind;
- Wet ice (frozen water), dry ice;
- Items requiring us to obtain any special licence or permit for transportation/export/import;
- Dead animals or animals that have been mounted or stuffed;
- Art original works of art;
- Precious metal, bullion or precious metals of any kind;
- Jewellery gemstones, watches and items of a high value (see Liability and Limitation);
- Valuables, antiques, heirlooms, items of significant sentimental value or nature;
- Age restricted materials of any kind including lottery tickets or any material where availability is restricted by law to persons over a certain age;
- Pornography or obscene material of any kind;
- Tobacco or alcohol unless adequately packed to contain any leakage;
- Furs or items restricted by regulatory authorities;
- Narcotics, controlled substances or illegal drugs of any kind;
- Dangerous goods of any kind that may cause harm or damage if Leaked or spilled;
- Counterfeit or contraband material of any kind;
- Perishable items;
- Items that have a pungent or strong odour or items that may cause contamination of any kind;
- Parcels that are wet, leaking or emit an odour of any kind;
- Parcels or items that may cause damage to, or delay of, equipment or personnel;
- Living creatures of any kind including animals, birds, fishes, reptiles or insects.
- We exclude all liability for Parcels containing any items listed as a restricted/prohibited howsoever accepted (including acceptance by mistake or under notice). We may change this list of restricted/prohibited items from time to time without prior notice or consent being sought from you.
- Additional restrictions may apply depending upon the destination and service requested and the service option used. We reserve the right to reject Parcels based upon these limitations or for reasons of security or safety. We are entitled to charge an administrative fee for Parcels rejected and for the costs of returning goods, where applicable, to you. Further information is available upon request.
10. Breach of Terms and Conditions
- We reserve the right (without notice) to suspend, freeze or otherwise close or cease to accept Parcels from a customer reasonably suspected of knowingly or deliberately breaching these Terms and Conditions.
11. Complaints and Dispute Resolution
- A complaint may be submitted by you as well as by an addressee of any Parcel. The launching of a complaint procedure disables the performance of the Parcel delivery to a give Parcel Machine on a permanent basis. Should the Parcel already be placed in one of our Parcel Machines, its reception will be analogically disabled, being transferred to a relevant InPost division. Any cases of unjustified initiation of a complaint procedure will result in returning the Parcel to you if the addressee does not express a will to collect it personally from an InPost division and concurrently you do not object.
- We allow the initiation of a complaint procedure during the process of collecting a Parcel from our Parcel Machines. For this purpose, using an appropriate Label, the addressee places the Parcel in a Parcel Machine, leaving it at our disposal. The complaint form is provided to the addressee’s email address, the addressee being obliged to fill in and approve it in fourteen (14) days, which means the submission of a complaint. A failure to fill in the form at the specified deadline results in returning the Parcel to you. Upon initiating the complaint, we proceed with opening of the Parcel and developing a relevant protocol. Until the moment of submitting a complaint, the addressee is entitled to collect the Parcel from us.
- In the event of any dispute arising between the parties in connection with these Terms and Conditions which cannot be settled by negotiation, the parties will in good faith, seek to resolve that dispute through mediation under the auspices of the ADR Group of Grove House, Grove Road, Redland, Bristol BS6 6UN before resorting to expert determination.
- We reserve the right to modify and alter the procedures of performing and using the Service depending on technical considerations, in order to improve the performance of our Service and ensure their higher safety level (e.g. change or improvement to the safety solutions employed in our Parcel Machines).
- Your Parcel must comply with the requirements adopted for and the following categories ascribed to specific compartments in one of our Parcel Machines:
- Deliveries exceeding the limits of categories indicated above will not be accepted by us. The chargeable weight of a multi-item consignment to one addressee will be the aggregate total of each individual item rounded up to the nearest kilogram.
- Should any reasonable doubt arise as to a Parcel fulfilling our requirements, we are entitled to examine its contents prior to admitting it for dispatch, the action to be followed by a decision of non-admission or else of dispatch.
- Parcels (where collectable) are available for collection in a given Parcel Machine for 72 hours after them having been placed in the Parcel Machine(s). The addressee will be informed that a Parcel has been deposited into a Parcel Machine by SMS or email. In default of the addressee collecting a Parcel on time, it will be transported to the original despatch address within 48 hours. We will inform the addressee (via SMS or email) about the fact of return to sender.
- After delivery of a Parcel to a Parcel Machine, the addressee will receive an SMS or an email which contains a QR Code and/or a collection code. To send a Parcel the addressee’s contact details must be provided by the sender including an email address, mobile phone number (registered by a UK cellular network), as well as a post code. The sender bears full liability for logging in these details. The sender is advised to indicate complete address details during the registration procedure for collection, in order to enable the deliveries to be performed. Specifying the complete address details is obligatory for you. During the registration the sender chooses the main and reserve Parcel Machines (if available). Deliveries are first prepared for reception at the main Parcel Machine. We reserve however, the right to perform a delivery to the reserve Parcel Machine.
- Any dispatch via a Parcel Machine is handled solely through one of the Parcel Machines defined by your profile. First, the Parcel Machine specified to be the main Parcel Machine in your profile is chosen. We reserve the right to handle some deliveries via the Parcel Machine defined as a reserve Parcel Machine. It is possible to dispatch a delivery via a different Parcel Machine, upon having it added to your profile. The Label contains the specification of the added Parcel Machine, the Label’s expiry date, as well as the dispatch code.
- You are liable for a proper preparation and packaging of a Parcel for delivery, including: the use of an appropriate packaging, its safe closure, issuing a Label, including its clear print and firm installation on the packaging. Each Parcel should be accompanied by a separate Label, required for the proper proceeding of our Service. Parcels prepared inappropriately, (i.e. without a relevant Label or else with an illegible Label) will not be accepted for delivery or will be returned to a relevant office in the area of our activity applicable for their dispatch, which will be communicated to you via email.
- You bear liability for preparing the Label correctly, including the proper specification of each Parcel’s dimensions. It applies also to an appropriate designation of every Parcel that is destined for a delivery via a Parcel Machine. In the case of inappropriate Label preparation or any mistakes when selecting a given function at the Parcel Machine by you or an addressee or non-collection by an addressee we are entitled not to return the payment collected from your account.
- Parcel collection confirmation occurs when the parcel is scanned in upon arrival into a collection depot. A manifest is created at the collection depot. The scan of the Parcel’s barcode at the collection depot confirms the collections confirmation and the proof of dispatch.
- Parcels are generally available for collection from our Parcel Machines 24 hours a day, for 7 days in a week (24/7) (subject to the owner of the location of the Parcel Machine allowing such twenty four seven access. Should twenty four seven access not be available the sender and the addressee will be notified by SMS/email). We reserve the right to make particular Parcel Machines accessible during restricted hours. A Parcel will only be produced as available for collection when the correct QR Code has been scanned at the Parcel Machine or when the correct code and phone number has been inputted into the Parcel Machine. Should the code be lost, the addressee is entitled to recover it by logging into our Parcel Manager and choosing a relevant option, or contacting our customer support team. The restored code will be provided by us either to the addressee’s email address or by SMS to the phone number declared originally. We will not provide the restored code to any other phone number, email address or person. The addressee is fully liable for presenting the content of the text message including the code or the QR Code before any third party. It is agreed that any person acquainted by the addressee with the text message including the relevant code is authorised by the addressee to collect the Parcel on his behalf.
- Upon delivery of a door-to-door or a Parcel Machine-to-door Parcel, we shall wherever possible and practicable obtain proof-of-delivery. Proof-of-delivery shall be in a manner at our sole discretion and may include, but shall not be limited to a signature, whether by electronic means or otherwise. We shall retain proof-of-delivery records for a period not exceeding six (6) months from the date of delivery and thereafter, we shall have no liability whatsoever.
- Returns of Parcels in default of collection by the addressee:
- the sender will be notified by SMS/email that the Parcel has not been collected by the addressee. . You will have three (3) working days to collect the Parcel. Should a Parcel not be collected by the addressee we will charge you in respect of the Parcel’s return to you via the Parcel Machine. Individuals, who have concluded with us a separate agreement in respect of InPost collecting return Parcels from our Parcel Machines, and returning such Parcels directly to the sender will be processed in accordance with that separate agreement. Such returns are payable in accordance with the charges agreed under the separate agreement.
- If delivery of the Parcel or any part thereof is not taken by the addressee at the time and place when and where we are entitled to call upon such party to take delivery, or if we are unable to effect such delivery in respect of Parcels which are insufficiently addressed or marked or otherwise not readily identifiable, or as a result of other circumstances beyond our reasonable control, we shall be entitled to store the Parcel at your sole risk for three (3) working days, whereupon our liability in respect of the Parcel stored shall wholly cease and the cost of such storage, shall forthwith upon demand be paid by you to us. We shall as soon as reasonably possible notify you of our inability to effect delivery.
13. Variations in the Service
- There are three slight variations in the Service which will be identified before any Parcel in a particular consignment is despatched by you. There will be special Labels attached by you so that we can identify its responsibilities. There will be a different price attached to alternatives.
- The alternative services are:
- Parcels are delivered by you to one of our Parcel Machines from where we or our subcontractor will collect and deliver the Parcel to the destination Parcel Machine where the addressee will collect the Parcel; or
- Parcels are collected by us or our subcontractor and/or delivered by us or our subcontractor to one of our Parcel Machines from where the addressee collects them; or
- Parcels are collected by us or our subcontractor (at an enhanced fee) and/or delivered by us or our subcontractor to the addressee’s door (at an enhanced fee). This Service will be a next working day service, collected from your home/office and delivered by us or our subcontractor direct to a Parcel Machine or direct to the Addressee.
14. Intellectual Property Rights
- If we provide you with computer software, the following applies:
- All copyright, trademarks, know-how and other intellectual property rights in the software (including any device(s) upon which the software is stored) are and shall remain at all times our exclusive property;
- You shall keep confidential the software, shall not copy the whole or any part of the software (save for security back-up copies as permitted in writing by us) and shall not without our prior written consent, modify, merge or combine the whole or any part of the software with any other software or documentation;
- We shall have no liability in respect of, and you shall indemnify us for, any consequence, whether direct or indirect, of any failure by you or on your behalf to comply with operating instructions in respect of any software supplied by us to you. We accept no liability for any consequences of any incompatibility between our software and your hardware and/or software.
- It is your responsibility to ensure the input of accurate information by you or on your behalf and we shall be under no obligation to check such accuracy. The cost of rectification of any inaccuracies or their consequences shall be borne by you; and
- We shall have no liability arising from the subject matter of this clause 14 other than liability for loss of or damage (if caused by us) and such liability shall not exceed that provided for in clause 4.3.
15. Unfair Contract Terms Act 1977
- You hereby agree and declare that the limitations and exclusions of our liability and indemnities given by you, as set out above, are fair and reasonable in all circumstances for the purposes of the Unfair Contract Terms Act 1977 and taking into account, inter alia, the amount of our charge made for the Service.
- All notices given pursuant to any of these Conditions must be given by email (firstname.lastname@example.org) or letter to our registered office address. Where any such notice is given by email, it shall be deemed to be given at the time when it is received by the recipient and a read notification has been sent to the sender. In the case of any notice given by letter, it shall be deemed to have been given two (2) days following it being send by first class post. Any notices to you will be valid if sent to your last known home or place of business or to your registered office and if there is more than one such home or business, to any one of such homes or places of business.
- If any term or provision within these Conditions shall in whole or in part be held to any extent to be illegal or unenforceable, then such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions and the enforceability of the remainder of these Terms and Conditions shall not be affected.
18. Entire Agreement
- These Conditions constitute the entire agreement between you and us and any representation or statement not contained in these Terms and Conditions is excluded and is not binding upon us.
- Should any other matters or services be agreed between the parties these will be subject to a separate agreement.