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terms and conditions

Terms & Conditions

1. Definitions

1.1             Box/es means a packed box or any other item which Voovit agrees in writing may be transported by Voovit in accordance with these Terms;

Box Delivery Address means the address notified by the Customer to Voovit where the Empty Boxes are to be delivered to;

Collection Address means the address notified by the Customer to Voovit and which Voovit in its entire discretion agrees is where the Boxes are to be collected from;

Contract means the contract between the Customer and Voovit for the Services;

Customer means the person who accepts Voovit's quotation for the Services;  

Delivery Address means the full postal address or port notified by the Customer to Voovit and which Voovit in its entire discretion agrees is where the Boxes are to be delivered to or such substituted address as Voovit shall in its entire discretion decide;  

Empty Box/es means the boxes supplied by Voovit to the Customer;  

Force Majeure Event means any event beyond the reasonable control of Voovit including, without limitation, fire, flood, storm, tempest, inclement weather, acts of God, war, civil war or national emergency, protests, riot, civil commotion, acts of terrorism, malicious damage, compliance with law or governmental order, rule or regulation or direction, accident, fuel shortage, lock-out, strikes and other industrial disputes (whether or not relating to Voovit's workforce) and restraints or delays affecting carriers.  

Prohibited Item means any single item which value exceeds £500.00 Sterling, perishable goods, food stuffs of any description, liquids of any description, tobacco or similar products, hazardous materials or substances included but not limited to paint, matches, aerosol cans, gas canisters or other flammable materials, firearms and ammunition, plants or soil samples of any kind, live or stuffed animals, non-prescription drugs or medicines, corrosive materials or substances and explosives or pornography of any description, or any other article where importation of the article is restricted or prohibited at the destination by law or regulation;  

Services means the delivery of the Empty Boxes to the Box Delivery Address, the collection of the Boxes from the Collection Address and the transportation of Boxes from the Collection Address to the Delivery Address;  

Terms means these Terms and Conditions;  

Voovit means Voovit Ltd, its agents, subcontractors and employees;  

Website means www.voovit.com  

 

2.                  Application

2.1              These Terms together with such terms appearing on our Website (as varied in accordance with clause 2.2) shall govern and be incorporated in every Contract made by or on behalf of Voovit and the Customer. They shall apply in place of and prevail over any terms and conditions (whether or not in conflict or inconsistent with these Terms) contained or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade, custom, practise or course of dealing.

2.2              Voovit reserves the right to change the Terms at any time by publishing such changes on the Website. In the event that the Terms are changed after the Customer has made a payment, the terms applicable at the time of payment will take precedent in respect of the transaction to which the payment relates.

2.3              These terms do not affect your statutory rights as a consumer.

3.                  Quotations and Acceptance

3.1              A price stated by Voovit does not constitute an offer capable of acceptance. No Contract shall come into existence until Voovit delivers the Empty Boxes to the Box Delivery Address, or in respect of collection, when Voovit collects the Boxes from the Collection Address.

3.2              Acceptance of a price stated for the Services by the Customer shall be deemed to be an offer by the Customer to pay for the Services subject to these Terms.

3.3              Voovit shall at any time be entitled to cancel this contract in whole or in part in respect of any failure by the Customer to comply with these Terms.

4.                  Prices

4.1              The price of the Services shall subject to clause 4.5 be Voovit's stated price, or where no price has been stated (or where a stated price is no longer valid), such price as Voovit shall notify to Customer. Where the Customer provides to Voovit a collection date more than 30 days from placing the order for shipping, Voovit shall be entitled to increase any price stated.

4.2              Voovit reserves the right, by giving written notice to the Customer at any time before delivery of the Boxes to the Delivery Address to increase the price of the Services to reflect any increase which is due to any factor beyond the control of Voovit (such as without limitation, changes in the Delivery Address or any changes instigated by the Customer any foreign exchange rate fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, duties or taxes levied by any governmental authority or statutory body), and any change in delivery date or Delivery Address.

4.3              Price guarantees shall only apply to those main ports advertised on the Website and must be notified by the Customer to Voovit before payment is made to Voovit.

4.4              Voovit offer no guarantee to the charges applicable at the destination. Destination charges are outside of Voovit's control and any figures quoted by Voovit are an indication only.

4.5              Unless otherwise specified extended cover (where opted for by the Customer), VAT and any other tax, duty or charge payable by the Customer shall be added to the price stated.

5.                  Terms of Payment

5.1              All prices are in UK £ Sterling. A non refundable payment, the amount of which shall vary according to the number of Empty Boxes requested by the Customer and the Delivery Address, shall be paid by the Customer using the on line payment facilities contained on the Website, at the time the Customer completes their request for Empty Boxes. The Customer shall not be entitled to offset the cost of unused boxes against the cost of the Services.

5.2              Empty Boxes are non-returnable or refundable but Voovit may at its entire discretion accept unused boxes and apply a partial refund (details are available on request).

5.3              Payment for the Services shall be separate from payment of the deposit referred to in clause 5.1 and shall become due once the Customer has logged onto the Website and confirmed that the Boxes are ready for collection from the Collection Address and the number of Boxes to be collected. The Customer shall pay for the Services in full using the on line payment facilities contained on the Website.

5.4              Voovit may provide the Customer with an invoice for the price of the Services on or at any time after delivery of the Empty Boxes, or the collection of the Boxes.

5.5              No payment shall be deemed to have been received until Voovit has received in full cleared funds in UK £ Sterling.

5.6              The Customer shall make all payments due under a Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatements or demise unless and to the extent that the Customer has a valid Court Order requiring such deduction be paid by Voovit to the Customer.

5.7              Voovit is entitled to offset any amount owing to it from the Customer against any amount owed to the Customer by Voovit.

5.8              If the Customer fails to make any payment in whole or in part on the due date or is otherwise in breach of these Terms, then without limiting any other right or remedy available to Voovit, Voovit may:

5.8.1 cancel the Contract or suspend or withhold delivery of the Boxes;

5.8.2 return the Boxes to the Collection Address and cancelling our agreement;

5.8.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of 4% per annum above HSBC plc base rate from time to time, until payment in full is made (a part month being treated as a full month for the purpose of calculating interest);

5.8.4 apply the provisions of clause 9.6 where payment remains outstanding.

 

6.                  Additional Charges

Voovit reserves the right to make and the Customer hereby authorises Voovit to make a charge or charges to the Customer's credit card or debit card where payment is required in the following circumstances (24 hours notice of such a charge will be given):

6.1.1 a box exceeds 30 kilograms, a charge of 30% above the rate for the whole consignment of Boxes shall apply;

6.1.2 making a reasonable charge in respect of the return of any boxes in accordance with clause 5.8.2;

6.1.3 a Box exceeds the dimensions and cubic volume set out in these terms a charge of 30% above the rate for the whole consignment of Boxes shall apply;

6.1.4 a Box requires re-packing by Voovit because the Customer has packed a Prohibited Item or has failed to pack the Box in a manner prescribed by Voovit, a charge of 30% above the premium rate charged in respect of the first Box shall apply;

6.1.5 any additional Boxes not declared to Voovit on the destination details form, each box will be charged at the premium rate charged in respect of the first Box;

6.1.6 the Customer has lost their packing list prior to collection of the Boxes and requests a further copy, a charge of £10 shall apply plus an additional charge of £2.50 per page if the packing list is sent by fax;

6.1.7 an administration fee of £15 for refunds;

6.1.8 reasonable storage and/or disposal costs where delivery has been detained by a government or regulatory authority or where the Customer was not at the Delivery Address at the time of delivery or delivery could not be made due to reasons beyond Voovit's control.

7.                  Box specifications

7.1              Boxes must not unless agreed in writing by Voovit:

7.1.1 contain a Prohibited Item;

7.1.2 exceed 30kg in weight;

7.1.3 have a cubic volume exceeding 0.096 cubic metres;

7.1.4 have any single dimension exceeding 1.5 metres;

7.1.5 have a girth (L + W + H) exceeding 2 metres.

7.2              The Customer must notify Voovit in writing of any Box that does not comply with the specification as set out in Clause 7.1.

8.                  Collection

8.1              The Customer shall accurately complete Voovit's on line destination details form.

8.2              Voovit shall collect the Empty Boxes from the Collection Address.

8.3              The Customer shall confirm in writing on the Website:

8.3.1 that the Boxes are ready for collection; and

8.3.2 the number of Boxes to be collected.

8.4              The Customer must ensure that all Boxes are placed on the ground at the front of the Collection Address, as near to the road as possible ready for collection. Collection may be refused or additional charges may be charged to the Customer if this condition is not met.

8.5              No refunds will be paid to the Customer once the Boxes have been collected from the Collection Address.

8.6              Voovit must receive on line notification from the Customer of any change to the Delivery Address before Voovit collects the Boxes.

8.7              The Customer shall ensure that:

8.7.1 all Boxes clearly display the Customers name and Delivery Address where the Delivery Address is in Europe; and

8.7.2 all boxes clearly display the Customers name and destination port where the Delivery Address is outside Europe;

8.7.3 Labels, customs forms and other documentation as instructed by Voovit are completed and attached to each of the Boxes

Voovit reserves the right to charge a minimum of £10 per Box not displaying the correct information.

8.8              The Customer shall provide the collection receipt to the carrier for signing when the Boxes are collected. The carrier shall return the collection receipt to the Customer confirming the number of Boxes collected. Should any collection receipt not be presented to the Carrier, Voovit shall be entitled to rely on the evidence of the carrier as to the number of Boxes collected.

8.9              Voovit retains the right to refuse collection of any Box which:

8.9.1 does not meet the box specifications set out in clause 7.1; or

8.9.2 Voovit in its entire discretion deems unsuitable for transportation.

9.                  Delivery

9.1              Voovit shall deliver the Boxes to the Delivery Address.

9.2              Where the Delivery Address is outside the United Kingdom, Voovit shall notify the Customer by e-mail of the estimated time of arrival for the Boxes at the destination port and provide the contact information of the carrier agent at the destination port.

9.3              Whilst Voovit shall try to meet times and dates which it specifies any time scales or dates for delivery of the Empty Boxes, collection of the Boxes and delivery of the Boxes are indicative only and time for delivery shall not be of the essence.

9.4              The Customer shall inspect the Boxes on their delivery at the Delivery Address. The Customer must record any damage to the Boxes or missing Boxes on the delivery note. If the Customer fails to sign [and annotate] the delivery note confirming all Boxes are present and undamaged, Voovit are unable to claim against the carrier and the Customer will be responsible for any replacement costs where damage has been caused to the Boxes.

9.5              Voovit must receive notice in writing of any claim within 5 days of delivery of the Boxes, if the Customer fails to do so Voovit will not be responsible for any loss suffered by the Customer.

9.6              Where Voovit is unable to deliver the Boxes to the Delivery Address, Voovit shall inform the Customer in writing and shall have the right to:

9.6.1 store the Boxes at the Customers expense; and

9.6.2 destroy or dispose of the Boxes and their contents at the Customer's expense within 30 days of notifying the Customer of the failure to deliver.

9.7              The provisions of clause 6 shall apply and the Customer shall pay Voovit on demand any storage fees and associated costs that arise under clause 9.5.

9.8              The Customer shall at all times act in good faith in its dealings with Voovit.

10.              Liability

10.1          The following provisions set out the entire financial liability of Voovit (including any liability for the act or omissions of its employees, agents and subcontractors) to the Customer in respect of any breach of these Terms and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.2          Nothing in these Terms excludes or limits the liability of Voovit for death or personal injury caused by the Voovit's negligence or loss arising from fraudulent misrepresentation.

10.3          Subject to clauses 10.2 and 10.4

10.3.1 Voovit's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this Contract shall be limited to £25 per Box subject to a maximum of the Contract price; and

10.3.2 Voovit shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

10.4          Where the Customer has paid for extended transit cover and provided the Customer has disclosed the precise nature of the goods to be covered, and provided Voovit in it's sole discretion has confirmed that extended transit cover shall apply, Voovit's liability in accordance with clause 9.3.1 shall be extended to the lesser of:

10.4.1 £500.00 in respect of any single item; or,

10.4.2 £5,000 per consignment; or,

10.4.3 the actual value of the goods lost or damaged where the goods cannot be repaired.

Voovit may in its sole discretion repair or replace the goods on a like for like basis, the value at the goods shall be ascertained by Voovit in accordance with the details provided by the Customer on their packing list, but shall not exceed the original price the Customer paid for the items plus 10%.

10.5          For the purposes of clause 10.4 the Customer accepts that extended transit cover is not an individual extended cover policy for the Boxes, it is merely Voovit's undertaking to pay the Customer the relevant amount due.

10.6          Notification of loss or damage must be made in writing within;

Surface or Sea Freight shipments:

21 days of collection if the shipment is within the EU

or, 120 days of collection if the destination of the shipment is outside of the EU.


Air Freight shipments - All destinations:

21 days of collection.


Claims received after the time limit will be time barred

11.              Force Majeure

If Voovit is prevented or hindered or delayed from providing the Services in accordance with these Terms by a Force Majeure Event, Voovit may in it's entire discretion;

11.1     suspend delivery of the Boxes to the Delivery Address while the Force Majeure Event continues; or

11.2          terminate the contract with immediate effect by written notice to the Customer,

and Voovit shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) as a result.

12.              Subcontractors

Voovit may in its absolute discretion subcontract all or any part of the Services to a third party.

13.              Severability

13.1          If any Term of a Contract (or part of a Term), is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other Terms shall remain in force.

13.2          If any invalid, unenforceable or illegal Term of a Contract would be valid, enforceable or legal if some part of it were deleted, the Term shall apply with whatever modification is necessary to give effect to the commercial intentions of Voovit.

14.              Waiver

The failure by Voovit to exercise or delay by Voovit in exercising any right, power or remedy provided by a Contract or by law does not constitute a waiver of such right, power or remedy or a waiver of any other rights, powers, or remedies. No single or partial exercise of a right, power or remedy provided by a Contract shall prevent any further exercise of the right, power or remedy or the exercise of another right, power or remedy,

15.              Third Party Rights

Nothing in a Contract is intended to confer on any person any right to enforce any Term of Contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

16.              Governing Law and Jurisdiction

16.1          A Contract is governed by, and shall be construed in accordance with, English law.

16.2          The courts of England have exclusive jurisdiction to hear and decide any suit, action or proceedings and to settle any disputes, which may arise out of or in connection with a Contract and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.

17.              Notice

A Notice required or permitted to be given by the Customer to Voovit under these terms shall be in writing and sent via the Website.

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