Marchet Terms of Service

Please take the time to read all of these terms of service to understand how we work and provide the services we do. These may change at any time, so please ensure to keep up to date with them prior to using our services.


Definitions

Additional Cost Means the difference in the Charges between the weight and/or dimensions that you have specified in your Order, and the actual weight and/or dimensions of your Parcel plus any Infringement Fee.
Infringement Fee See Clause 4
Agents Means a person who acts on behalf of another person.
Business Loss See Clause 10
Charges Means the costs you pay to send your Parcel that exclude any Additional Costs or an Infringement Fee.
Claim Form Means our conventional claim form.
Compensation See Clause 5
Contract See Clause 1
Delivered Means delivered to the Recipient address or with a Neighbour or left in a Safe Place or returned successfully to the sender’s address described in the Order.
Delivery Estimate Means the estimated date within which we will attempt to deliver your Parcel.
Goods Means any items that are contained within your Parcel.
Late Delivery Means when your product delivery time exceeds the one listed for our services where Long-Haul is 2-4 days, Next-Day is 1-2 days and Same Day is 1 Day.
Loss or Damage Means loss of or damage to a Parcel or Goods or direct, indirect, special or consequential loss associated with such Loss or Damage.
Neighbour Means the address which is adjacent to the original address specified in your Order.
Order Means paying for our Services through completing the online Order form.
Parcel Means any item and its contents you give to us to carry for you as part of us performing our Services (Excluding Letters).
Postable Product Means a Parcel that is able to be delivered through the recipients post box.
Prohibited Item Means any item that we will not deliver. See Clause 18 for a full list.
Recipient Means the person that the Parcel is addressed to or any other person who may accept the Parcel on behalf of the Recipient.
Safe Place Means any location that is not exposed or otherwise in public view.
Services Means our commitment to carrying your Parcel to the Recipient's address on your behalf.
Working Day Means any day Monday to Friday (Excluding Bank Holidays).
Your Data Means any personal or confidential data you provide, and we collect, in order to carry out our Services through our Contract.

1. The Contract

1.1 When you send a Parcel through us, you automatically enter into a contract with Marchet LTD. These terms of service identify and explain your responsibilities and our commitment of service to you. It is important that you read these terms of service carefully.

1.2 In ordering from us, you are purchasing our Services. When making an Order, you agree to these terms of service.

1.3 If and when we start to perform the Services we describe, we have accepted your Order, at which point a Contract will be formed between us, subject to these terms of service.

2. Our Service Commitments

2.1 The Service begins once one of our staff, subcontractors or Agents is in physical possession of your Parcel. If we are unable to deliver your Parcel to the Address then we will return it to the sender’s address provided by you, with the Parcel. Should this information fail to be present or be incorrect then we may have to dispose of your Parcel.

2.2 Long-Haul

  • Once one of our couriers has collected your Parcel from the sender’s address, we will attempt to deliver your Parcel within 2-4 Working Days from the collection. If we deliver this Parcel more than 12 Working Days after the Delivery Estimate, we will class this as Late Delivery. You may request for this service to be tracked and signed for upon delivery.

2.3 Next Day

  • Once one of our couriers has collected your Parcel from the sender’s address, we will attempt to deliver your Parcel within 1-2 Working Days from collection. If we deliver this Parcel more than 5 Working Days after the Delivery Estimate, we will class this as Late Delivery. You may request for this service to be tracked and signed for upon delivery.

2.4 Same Day

  • Once one of our couriers has collected your Parcel from the sender’s address, we will attempt to deliver your Parcel within 1 Working Days from the collection. If we deliver this Parcel more than 2 Working Days after the Delivery Estimate, we will class this as Late Delivery. This service requires the Recipient to sign for the Parcel or you may choose to have the Parcel tracked.

The Service will be completed when we have Delivered your Parcel to the Recipient's address or a Neighbours address, or it has been left in a Safe Place, or it has been successfully returned to the Sender’s address. If you are responsible for or have contributed to a delay, you will not be entitled to any compensation.

3. Your Responsibilities

3.1 Ensure that you don’t:

  • Send anything that is on our “Prohibited Items” list;
  • Send any Goods which are illegal and/or the possession of which is illegal and/or the supply of which to the Recipient is illegal;
  • Send any Parcel that fails to match the size and/or weight described in your Order;
  • Send any Parcel that isn’t appropriately packaged and protected against knocks and bumps that it may encounter whilst we perform our Services;
  • Abuse any of our staff, subcontractors or Agents.

Upon the arrival of our courier at the sender’s address, if we can judge that visually the Parcel appears too big for a) The Trailer and/or b) The size of the Parcel selected in the Order, this is in length, width, height or weight, then we may measure the Parcel. Upon arriving at the facility, each Parcel will be measured again and if it appears to be different from what you specified in the Order then there may be Additional Costs. If you refuse to pay the Additional Costs, the Parcel will be kept in our possession and a maximum refund of 50%. Please see clause 4.2, 4.3 and 4.5 for more detail on Additional Costs.

3.2 Ensure that you:

  • Supply the Goods to us properly packaged and labeled;
  • Describe the Goods accurately in your Order.

4. Charges

4.1 You agree to pay the Charges associated with your Order prior to submitting this Order, and it is your responsibility to pay any other appropriate Charges for any Parcels supplied to us, by you.

4.2 When transporting your Parcel, we will weigh and measure its length, width and height. If these details are bigger and/or heavier than you described in your Order, you will be liable to pay us the Additional Costs and the Infringement Fee.

4.3 Until the Additional Costs and/or the Infringement Fee have been paid, we reserve the right to hold your Parcel and your Goods. Failure to repay Additional Costs and/or Infringement Fee within a 60 day period may result in your Goods being disposed of.

4.4 If you abuse and/or breach the Parcel dimension (length, width or height) and/or weight, and we successfully deliver the Parcel, we reserve the right to impose an Infringement Fee for the delivery of the Parcel which is £3.50 (Fixed Fee) and you will be charged for the price of the Parcel a size up making up the Infringement Fee.

4.5 If you abuse and/or breach any of these terms of service (including, without limitation, the Parcel dimension (length, width or height) and/or weight) we reserve the right to charge an Infringement Fee of to £3.50 (Fixed) and you will be charged for the price of the Parcel a size up. Imposing this fee does not limit any other rights that we may have against you.

5. Our Liability To You

5.1 We do not accept liability for the Loss or Damage or Late Delivery where:

  • The Goods or Parcels involved are Prohibited Items;
  • The Goods or Parcels involved are Non-Compensation Items;
  • The Good is not classed as Jewellery and/or an iMac/Macbook. If the Good is classified as Jewellery and/or an iMac/Macbook, we will pay £0.00 for any Damage value and may pay up to a maximum of £2,000.00 in Loss Compensation.

5.2 We will not be liable to you or be required to pay you any Compensation for the Loss or Damage where:

  • Any concealed or innate defect in or natural deterioration of the Goods;
  • Any Parcel that has been inappropriately packaged;
  • Any type of fraudulence or dishonesty, including someone falsifying their authority to receive a Parcel on the Recipients or your behalf;
  • Any result of you sending alcoholic or other age-restricted products or potentially harmful or illegal products or any other Prohibited Items;
  • Your failure to pay any Charges (including Additional Costs or Infringement Fees);
  • The Good is not classed as Jewellery and/or an iMac/Macbook. If the Good is classified as Jewellery and/or an iMac/Macbook, we will pay £0.00 for any Damage value and may pay up to a maximum of £2,000.00 in Loss Compensation.

5.3 We will not be liable to you or be required to pay you any Compensation for Late Delivery that is caused by any event outside our control. Please see Clause 13.1 for more details on events that are classified as out of our control.

5.4 We will not be liable to you or be required to pay you any Compensation for Loss or Damage or Late Delivery if you abuse and/or breach any of your responsibilities to us and consequently, this has directly or indirectly caused or contributed to such Loss, Damage or Late Delivery.

5.5 Nothing in these terms of service affects your statutory rights or limits or excludes our liability for:

  • Death or personal injury directly associated with our negligence;
  • Any damage or liability that you suffer as a result of our fraud or fraudulent falsity;
  • A breach of the Consumer Rights Act 2015 unless you are claiming for Business Loss.

6. Limiting our Liability To You

6.1 When you submit an Order for a Postable Product with Marchet LTD, our liability for Loss or Damage or Late Delivery is limited to specific items.

6.2 Marchet LTD will be liable to pay £0.00 for any Good that is damaged.

6.3 Marchet will be liable to pay up to a maximum of £2,000.00 in Loss compensation for any Good that is classified as Jewellery and/or an iMac/Macbook. Under no circumstances will Marchet LTD have to pay any Loss compensation for other Goods.

6.4 It is at your own risk to send any Parcel that is worth more than the maximum limit of liability set out in Clause 6.3 and 6.4 of these terms of service. You accept that you may not receive the full value of your Parcel or Goods in the vent that your Parcel is lost or damaged.

7. Your Liability To Us

7.1 If you abuse and/or breach these terms of service, and such action causes harm or damage to any person, our property or third-party property or in the event that you are liable to pay us Additional Costs or Infringement Fees, we reserve the right to require you to compensate us in full if we suffer any loss, damages, costs or expenses as a result of your negligence.

7.2 It is extremely important that prior to sending an Order, you read our list of “Prohibited Items” as if you choose to send these through our Services, and it causes harm or damage to any person, our property or third-party property you will be liable to compensate us should we suffer any loss, damages, costs or expenses as a result of your negligence.

8. Your Goods

8.1 As we cannot test any electrical or electronic equipment that is provided to us within a Parcel is functioning properly before we take it into our custody and send it out for delivery, we are not, under any circumstances, liable for any Damage or loss of data.

2 We cannot and will not deliver any products that are listed on our “Prohibited Items” list. If you choose to send one of these items then we are not liable for any loss or damage to it, and you will not be entitled to any compensation for these items. We may also require Compensation to us and any other affected third parties if your Parcel happens to cause damage, injury or loss.

9. Your Compensation Claim

9.1 Any compensation claim must be made on a properly completed Claim Form, this can be found on our website (https://marchet.co.uk/claims). You will be required to provide supporting evidence in your claim.

9.2 A Claim Form must be completed thirty (30) days of the relevant order, if it is posted after this date, we reserve the right to dismiss this claim in accordance with these terms of service agreement. The quicker the claim is created, the easier it is for us to look into and investigate. We are able to make any investigations that we think are required to validate the claim.

9.3 When receiving your claim, we may require you to provide evidence for your claim and any other information relevant to the Order or Parcel or Goods, which includes without limitation:

  • Proof of Order;
  • Photo or Video evidence of the damage or other issues;
  • Quotes for the repair of the Goods;
  • Proof of the Goods value;
  • The cost value of the Goods and related evidence (including receipts, details of the weight, size, volume and nature of the Goods).

9.4 If you’re Parcel is delivered late (See Clause 2) then you have the right to claim compensation. In all circumstances, the maximum amount of compensation that can be claimed is up to 75% of the total Order value. The amount of compensation that we payout will be dependent on the number of days late the Order is. If it hasn't arrived 2 days after it is classified as late, then a refund of 75% will be issued subject to a claim being opened.

10. Business Loss

10.1 Regardless of Clause 5.5 and subject to the other limitations of our liability in Sections 5 and 6, we cannot and will not accept any liability for losses (including without limitation, loss of profit), costs, damages or other liability related with any business or commercial enterprise or if you use our services to send a Parcel with the pursuit of any business or commercial trade.

11. Right of Lien

11.1 If you owe us any money in relation to your Order, we reserve the right to hold onto your Parcel and the Goods contained within it until you have paid these costs.

11.2 If money is still owed more than thirty (30) days from the date we notify you of any unpaid costs then we can, at our discretion, dispose of your Parcel and the Goods contained within it and use the money we make in sales for these to cover the amount you owe us. If the Goods do not cover the entirety of the cost then we will update you on how much you still owe us.

12. Our Right To Terminate

12.1 We may terminate the Order and/or Contract as soon as we give you notice and providing you do not have any outstanding payments owed to us, if:

  • You abuse and/or are in breach of these terms of service (Example: Sending a Prohibited Item);
  • We have a suspicion of fraud;
  • You abuse any of our staff, subcontractors or Agents.

13. Events That Could Occur Outside Of Our Control

13.1 We are not in breach of our commitments to you under a Contract or liable for any Loss and/or Damage and/or Late Delivery or anything else, if it solely down to your actions or results from something outside of the control of Marchet LTD, including, but not limited to: Endemic, Pandemic, Bad Weather, Traffic, Congestion, Mechanical Malfunctions, Obstruction of public and/or private routes, Industrial Action or failure by any of our supply chain.

14. Proof of Delivery

14.1 By placing an Order with us, you agree that the following are all viable proof that the Parcel has been Delivered:

  • Signature of from the Recipient for the Parcel;
  • Signature from the Recipients Neighbour for the Parcel;
  • Photograph of the Parcel in a Safe Place;
  • A card of notification for the Parcel if the Parcel has been left in a Safe Place.

15. About Us | Information

15.1 If you would like to contact, fill out a Claim Form or track your Order, please go to our website, https://www.marchet.co.uk/

16. About You | Information

16.1 We are controlling your data on your behalf and we will only use your Data in order to provide our Services and in order to communicate with you for the purpose of effecting a successful delivery and/or collecting and/or confirming your level of satisfaction with our Services.

16.2 The subject matter and duration of the processing of Your Data is set out in these terms of service and the context and purpose for the processing of your data is the purpose.

16.3 You are the data subject. Your data that we may process is your name, address, email addresses, telephone numbers and associated information in relation to your Order.

16.4 We will comply with and process all of Your Data in accordance with applicable Data Protection Legislation. [Article 28, GDPR]

16.5 We will ensure that our personnel and/or our subcontractors are obligated to maintain the security and confidentiality of Your Data.

16.6 We are, under no circumstances, classed as a Data Controller and/or Data Processor for any personal and/or confidential (sensitive) data that is classified as a Good within a Parcel.

16.7 At your instruction, we may delete or return all of Your Data and cease processing Your Data after the purpose for which collecting Your Data has been collected and processed. Unless it is mandatory for us to hold onto Your Data under Data Protection Legislation or if we have a valid reason to keep hold of it. This may be done earlier upon your written request.

16.8 We will not disclose Your Data outside of our business unless a) you direct us to b) as required by law.

16.9 We have introduced and will maintain throughout the term of these terms of service appropriate technical and/or organisational measures, internal controls and information security routines intended to protect Your Data against accidental, unauthorized or unlawful access, disclosure, alteration, loss, or destruction.

16.10 These shall at all times be of at least the minimum standard required by Data Protection Legislation. [Article 28 & 32, GDPR]

16.11 By using our Services to create an Order, you agree that we can use subcontractors to process Your Data in order for us to fulfill your Order. We will not transfer Your Data to any third party subject to your request.

16.12 By using our Services to create an Order, you agree that we have and may enter into agreements with subcontractors to provide IT services, development services and related support services to Marchet LTD.

17. General Terms

17.1 Marchet LTD is not a “common carrier”, we will only provide our Services subject to these terms of service.

17.2 When you Order through us, you provide personal and/or confidential information. By giving us this information by choice, you agree that we can process your personal information to fulfill the Order.

17.3 If you do not own any or some of the Goods, you are classed as the Agent of the owner of the Goods.

17.4 If we file a claim against you, we are entitled to any time that we want. If it is not followed up quickly this does not mean we cannot follow it when we are ready.

17.5 If one part of the Contract is deemed unenforceable by law, this does not mean the rest of the Contract is unenforceable

17.6 Upon you placing an Order and us accepting it, every agreement is in the Contract nothing is relied upon to be said or done.

17.7 The English law will apply and the English courts will have exclusive jurisdiction over a dispute if anything goes wrong.

17.8 You cannot transfer your rights under this Contract to anyone else unless it is agreed to in writing by the individual entering into the Contract and Marchet LTD.

17.9 Upon reference to these terms of service, they are meaning the latest version of it.

17.10 By placing an Order with us, you give consent to picture the Parcel in a Safe Place. You consent that we may use these photographs solely as evidence that a Parcel was received and/or sent and/or to determine the condition of the Parcel with or was received and/or sent. These photographs will not include images of identifiable individuals.

17.11 We reserve the right to change or amend these terms of service at any time, without being required to notify you before any changes. It is your sole responsibility to make sure you read and accept these terms of service prior to placing an Order with us.

18. Prohibited Items

18.1 Please find our list of “Prohibited Items”. We will not carry these and attempting to send these through our Services is a breach of these terms of service. Please make sure you have read all clauses to this agreement as many of them explain the consequences of sending Prohibited Items through Marchet LTD.