Trading Terms and Conditions - Door 2 Door Deliveries - South Coast Premier Leaflet Deliverers

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Please read carefully these Terms & Conditions (the 'terms') relating to trading with us. By requesting door2door-deliveries to undertake a delivery on your behalf, you confirm that you are in agreement with and bound by these Terms. You should read these Terms carefully as they constitute a legally binding agreement.

Definitions:
‘door2door-deliveries' (also referred to as the Company) is a part of Media 3, based at 7 Vectis Road, Alverstoke, Gosport, Hampshire PO12 2QD.

Item (Items) means any leaflet, magazine, brochure, catalogue or sample and similar or a combination of these.

Delivery means the distribution of specified item(s) to residential properties (excluding businesses) in a designated area which have been supplied by the client (unless design and print of the leaflets is required for which extra charges will apply).

Order Form means the document accepted by the Client or Client's representative(s) setting out the contract for the delivery, approval for the delivery to commence to which these Terms & Conditions will apply.

Client means any person, company, partnership, organisation or body and any individual(s) representing that person, company, partnership, organisation or body (including third parties), at whose application and upon acceptance of the Order Form, door2door-deliveries agrees to carry out the delivery of items to residential properties and/or businesses in a designated/agreed area.

Days means working days (Monday to Friday) excluding weekends, and bank holidays/public holidays.

Scope: These Terms & Conditions shall apply to any and all deliveries and other services requested by the Client to be provided by or through door2door-deliveries.

Estimate of cost: is based on the written brief/specification supplied by the Client and agreed between the Client and door2door-deliveries, and covers the estimated price for completing the distribution of items (unless design and print of the leaflets is required for which extra charges will apply). door2door-deliveries reserves the right to revise the estimate of cost if it is not accepted within 15 days of submission.

Price: may be increased by the Company at any time before commencement or during the delivery in the event of any changes or variation in the work required by the Client, or if there is any variation in the cost of materials, labour, transport, storage or a variation in any design and printing costs (including any variations in foreign exchange rates relevant to the provision of the delivery).

The Client will normally be advised in writing and/or by email of any such increase in price at the time this is known to the Company.

Terms of Payment: Payment for all deliveries (and design and printing if required) must be made in advance.

Delivery can only commence when ‘cleared funds' have been received.

Whilst any payment remains outstanding, and door2door-deliveries has not been contacted regarding delay of any outstanding payment, door2door-deliveries shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under these Terms & Conditions.

Deposit payment: If a part payment is received by the Company (for example to reserve a delivery slot) and the delivery does not proceed in full, the deposit will not be refunded to the client.

VAT: is charged at the appropriate rate ruling at the time of supply and where required. VAT is not chargeable on disbursements (wages). Our VAT no. is 582 9587 80.

Timescales: The Client agrees to supply to and make available to the Company as soon as is reasonably possible, the item(s) required to complete the delivery to the agreed specification and the anticipated price and within the targeted timescale for completion.

Time is not of the essence of any agreement between door2door-deliveries and the Client but the Company undertakes to use its reasonable endeavours to execute orders and to effect delivery in a reasonable time and by the date(s) estimated.

Any time or date(s) given by the Company for completion of the delivery is an estimate only and the Company shall not be liable for the consequences of any delay to this completion or part-provision.

We ask for a priod of 15 working days (April to October) and 20 working days (November to March) to complete the delivery.

Please note that we do not absolutely guarantee to complete deliveries in this period but will use our best endeavours to do so where this is requested by the client. Weather conditions and other factors beyond our control e.g. staff sickness/sudden illness, may delay distribution.

Notice of bookings: A period of not less than one week's notice is required for any bookings for our service.

Delivery period: This will be agreed before delivery commences. This period excludes time for door2door-deliveries to distribute your items to members of our delivery team.

Furthermore, the Company shall be entitled to give a new time or date for completion of the delivery where the Client changes the required specification for the delivery or the items are not supplied/collected on the agreed date.

‘Dry delivery: Unless requested, deliveries will not be undertaken in wet weather to avoid deterioration of items. This may affect the time taken to complete delivery.

Number of items per delivery: Deliveries are generally solus (your item alone). But a delivery may be shared with the agreement of all the clients involved or where operational reasons require a delivery to be shared. Refunds or a credit note towards a future delivery will be given where a client has paid for a solus delivery which later becomes a shared delivery.

Delivery limits*: Please note that deliveries may not be made to the following:
1. Properties where dogs are present
2. Blocks of flats, sheltered accommodation or similar properties where access cannot be gained at the first attempt
3. Roads, properties or flats where deliverers are concerned about their personal safety.

Clients will be informed of the properties where we are unable to deliver if this request is made before deliveries commence.

* When we are delivering for estate agents, lettings agents or similar, we do not deliver to properties where an advertising board (e.g. 'For Sale' or 'To Let' or similar) belonging to the client is in place. 

Packing: Items should be provided in regular quantities/packs/bundles within a box (e.g. 250s or 500s or 1000s) and be clearly marked so, otherwise a charge of £5 per thousand will be levied.

The weight of each individual box must not exceed 11 kilograms (24.24 pounds) for reasons of health & safety.

If overweight boxes have to be split and repacked into lower weights then an extra charge of £5 per overweight box will be levied.

These additional charges must then be paid before the delivery can commence.

Multiple provision of items: Clients will incur an extra charge if door2door-deliveries has to make multiple provision to our delivery team. A charge may be made for initial collection and/or multiple collections by the Company from a client or client's supplier.

Content: By placing an order for distribution, the client gives an assurance that:

  • The material to be delivered does not contain anything which constitutes an infringement of copyright, is dangerous, defamatory, obscene or otherwise illegal

  • All necessary permissions/authority have been obtained in relation to all words and pictures used

  • Items do not contain material which infringes the rules of the bodies responsible for Advertising Practice/Sales Promotion

  • The client agrees to indemnify door2door-deliveries in respect of all damages, costs or other charges falling upon the Company as a result of legal action or threatened legal action arising from the publication and/or distribution of the material.

Order Form and commencement: Delivery cannot commence until the Client has completed an Order Form document and this document accepted by the client.

Warranty & coverage: We do not guarantee that the items will be delivered to all addresses within the agreed delivery area. We would normally expect to complete delivery to approximately 80% of the agreed delivery area, excluding flats, sheltered accommodation or properties where we may be unable to gain access at the first attempt.

The Company cannot be held responsible for the production/printing costs or loss of business, loss of anticipated savings, loss of contracts, loss of profit or any other costs and/or expenses and/or damage occasioned by the non-delivery or delay in distribution of any items arising out of or in connection with the work.

In the event of a warranty claim made against the Company for alleged non-delivery or late delivery to part(s) or all of the agreed area, the Client must provide to the Company within 48 hours of the advised completion date of the delivery, details of the area(s) and the full addresses and postcodes of the properties concerned and signed verification by the main occupier at each address so supplied.

For the avoidance of doubt, the Client agrees that:

  • the Company cannot influence or control response to a leaflet/item[s]

  • the Company cannot be held responsible if a low level of response to a leaflet/item(s) is experienced

  • that isolated examples of lack of response to the item(s) does not constitute conclusive proof of non- delivery.

Any warranty claim received more than 48 hours after the advised completion date will be considered as invalid by the Company as the Company cannot conduct or rely upon any of its own checks or investigations if more than 48 hours has elapsed.  

When a warranty claim is received by the Company for alleged non-delivery or late delivery, the Company may, at its absolute discretion, undertake delivery to the relevant area(s) and the Client is expected and agrees to provide additional items (without charge to the Company) for this purpose.

If the Client is unable or unwilling to supply these additional items, the Company may, at its absolute discretion, refund to the Client a proportionate part of the price relating to the relevant areas(s) where no-delivery or late delivery is alleged.

The Client unreservedly accepts that the Company's liability is limited to the delivery price per thousand items or part thereof (including VAT) which was received by the Company in respect of the delivery in question. The Client agrees and accepts that the Company will have no further liability whatsoever to the Client under this warranty.

The Client hereby accepts that the Company shall not be liable for any dishonest or fraudulent act of its deliverers, agents, contractors or subcontractors.

Where the Company is involved in the production and/or printing of the Client's items for delivery, the Company will not be liable for any costs incurred, compensation, consequential loss or loss of earnings in connection with any errors in copy text supplied to or originated by the Company including Company names, registrations and VAT numbers, telephone, facsimile and mobile telephone numbers, email addresses, worldwide web page addresses, postal addresses and postal codes.

Furthermore, the Company cannot be held responsible or have any liability for the failure of any designer to produce any designs, proofs or finished artwork, and for any printer to produce proofs or printed items within any agreed deadlines, even if the Company has an association with or has recommended that designer or printer.  

Delivery verification: Clients normally ascertain for themselves that the delivery has been satisfactorily completed.

The Company can undertake this task (known as ‘back checking') on behalf of clients and provide verbal and/or written (signed for) verification for clients' retention. A price quotation for this is available on request.

door2door-deliveries periodically conduct checks on all our deliverers but this is for internal purposes only.

Property risk: Client's items and all property supplied to the Company by or on behalf of the Client shall, while it is in the possession of the Company or is in transit to or from the Client, be deemed to be at Client's risk, and the Client should insure accordingly. No responsibility will be accepted by the Company for the loss of any materials or for the failure to return any unused items whatever their value.

Cancellation: If a Client fails to supply leaflets and/or make payment for the work by the agreed date causing door2door-deliveries to cancel the delivery contract for any reason, the Client must pay a standard Cancellation Fee of £50 plus VAT to cover the time spent in providing the price estimate, compiling and sending the Order Form and Invoice and any discussions and correspondence relating to the work.

If a job is cancelled by a Client after leaflets have been received and/or payment has been received or the delivery has commenced, the Cancellation Fee is increased to £75 plus VAT and must be paid by the Client to door2door-deliveries.

In all instances of Cancellation, it is the Client's responsibility to arrange to collect the leaflets from door2door-deliveries and/or to bear any costs involved.

Leaflets will not be released for return to a Client unless a Cancellation Fee has been paid and received by door2door-deliveries as ‘cleared funds'.

Variance: These Terms & Conditions will take precedence over and will supersede any variance or conflict that may arise in statements contained or made in any other correspondence or conversations..

Informal Complaints Procedure: anyone who experiences a problem with their delivery should raise the matter directly by phone or email to door2door-deliveries within 48 hours of the completion date.

Full information should be given, sufficient enough to locate or identify the problem and clearly outlining the grounds for complaint.

As soon as possible, the Company will then attempt to resolve the matter to the satisfaction of the complainant.

Formal Complaints Procedure: should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal complaints procedure.

A formal complaint should be made in writing to the Company within 48 hours of the completion date. The Company will acknowledge receipt in writing (or by email) and ensure that the matter is looked into immediately.

Full information should be given, sufficient enough to locate or identify the problem and clearly outlining the grounds for complaint.

An initial response to any complaint can be expected within five days of its receipt; a full and considered response to the complaint should be completed within 10 days and thereafter any subsequent remedy implemented with the minimum of delay.

'At fault': In the case of all complaints (whether made through the Informal or Formal Complaints Procedure) where it is found that door2door-deliveries is ‘at fault', no charge will be made to resolve the complaint.

However, if door2door-deliveries believes it is not ‘at fault', the complainant will be charged for any time or costs involved in resolving the complaint. Where a complainant is charged for resolution of the matter, all the Terms & Conditions set out in this document apply to payment for work done and costs incurred to successfully resolve the complaint.

Law: These Terms & Conditions and all other terms of agreement shall be governed and construed in accordance with the laws of England, the United Kingdom and the European Union. In cases of conflicting laws, requirements or legislation, those of England take priority, followed by the UK then the EU.

Severability: In the event that any one or more of the provisions of this document or the Order Form (or both) shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

Revision of these Terms & Condition: may take place from time to time.

Deliveries undertaken are governed by the most up to date Terms & Conditions published on this website www.door2door-deliveries.co.uk whether or not they have been duly signed by the Client or the Client's authorised representative.

It is the client's responsibility to ensure they are fully aware of these Terms & Conditions and that they have downloaded for storage and any later reference a copy of these Terms & Conditions. 

 

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