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Here comes the legal stuff
Definitions:In these conditions the following expressions shall have the following meanings: BycaBoy: means Sebastian Cherchi-Bersch trading as BycaBoy and his appointed sub-contractors and agents; BycaBoy Confirmation E-mail: means the e-mail sent to the Customer pursuant to condition 6.1 which sets out the terms of the Contract; Customer: means the sender of a single Consignment making payment in advance and not through an account held with BycaBoy; Consignment: means any one or more Parcel(s) sent at one time by the Customer to an address in London, the details of which delivery are set out in the Contract; Consignment Fee: means the fee payable in consideration for the Consignment as set out in the BycaBoy Confirmation E-mail; Contract: means the terms and price of delivery agreed between BycaBoy and the Customer, following the procedure outlined at 6.1, and set out in the BycaBoy Confirmation E-mail; Delivery Address: means an address specified by the Customer and confirmed in the BycaBoy Confirmation E-mail for delivery of the Consignment; Delivery Estimate: means the time and date set out in the BycaBoy Confirmation E-mail as the estimated time and date of delivery of the Consignment; Despatch: means the time when BycaBoy receives a Parcel(s) from a Customer for Consignment; Exceptional Value: means items with a value of over £1000.00; Parcel: means a package received by BycaBoy from a Customer for Consignment; Prohibited Goods: means: items the carriage of which is prohibited by law; items likely to put the courier in danger; items which BycaBoy reasonably considers unsuitable for carriage because they are dangerous, unsafe, too heavy, too big, fragile or perishable or because of their shape or character; items of exceptional value; deactivated / replica weapons or munitions; weapons, including, inter alia, all firearms or bladed items such as swords and knives; live animals; and pornographic materials.Delivery BycaBoy undertakes to deliver to the Delivery Address, not to a specific person. BycaBoy will use its reasonable endeavours, but cannot guarantee, that it will be able to change the delivery address of a Consignment once that Consignment is in transit. If there is no-one present at the Delivery Address then: the Customer acknowledges and agrees that BycaBoy may at its discretion attempt to deliver the Consignment to a neighbouring address within a reasonable distance of the Delivery Address; and if this occurs, notification shall be left at the specified address; and the Customer agrees that such delivery shall constitute delivery to the Delivery Address. BycaBoy shall not be liable in respect of any Consignment delivered to the Delivery Address, where any person misrepresents his authority to receive a Consignment on the addressee’s or Customer’s behalf, or where BycaBoy is delivering it in accordance with instructions from, or purporting to be from the addressee. On delivery of a Consignment, BycaBoy will request the person who accepts delivery (not necessarily the addressee in person) to sign an acknowledgement receipt. Copies of such receipt shall be available for a period of 4 (four) weeks from the date of delivery, subject to payment of BycaBoy’s charges currently in force. Prohibited Goods It is the Customer’s responsibility to ascertain if the contents of any Parcel falls within the definition of Prohibited Goods. BycaBoy may add or delete items from the definition of Prohibited Goods without notice, but will endeavour to make the details of any such additions or deletions available on its website at www.BycaBoy.com. The Customer shall not deliver Prohibited Goods to BycaBoy for Consignment. If Prohibited Goods are delivered by the Customer, BycaBoy may deal with such Prohibited Goods as it reasonably sees fit. The Customer shall be responsible to BycaBoy for all loss, damage or injury arising out of the carriage of Prohibited Goods whether declared as such or not. Preparation for Consignment The Customer shall label each Parcel with the full postal address, including the postcode, of both the addressee and the sender. The Customer shall ensure that each Parcel is adequately packaged. The Customer shall retain any Customer copies of despatch documentation as these will be required to support any claim under condition 9. Non-delivery After delivery has first been attempted, the Customer or the addressee may request an undelivered Consignment to be returned to the Customer, redelivered to the addressee or otherwise redirected (and in the case of the addressee’s request, the Customer hereby consents to BycaBoy performing such action) and, subject to payment of such additional charges notified by BycaBoy by the person who makes the request, BycaBoy will perform such additional service on the terms and conditions set out in these conditions or such other BycaBoy terms which govern the additional services, if such is the case. If an undelivered Consignment is held by BycaBoy and is not claimed within a reasonable time of BycaBoy leaving notification of its attempted delivery at the Delivery Address, BycaBoy shall, where reasonably practicable, attempt to contact the Customer. If this fails BycaBoy will be entitled to deal with the Consignment as it reasonably sees fit. Price and formation of Contract Once the Customer has enquired about a Consignment, BycaBoy shall then communicate to the Customer a quote via e-mail or telephone. Upon communication (whether oral or written) by the Customer to BycaBoy of the Customer’s acceptance of the fee offered for the Consignment requested, a valid and binding contract shall exist between the parties. The terms of the Contract shall be set out in the BycaBoy Confirmation E-mail which shall be sent to the Customer before collection of the Consignment. The BycaBoy Confirmation E-mail, and the documents referred to in it, shall constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the Consignment. The Customer shall, prior to Consignment, pay to BycaBoy the Consignment Fee via PayPal, or at BycaBoy’s sole discretion, by cash at collection of the Parcel(s). Liability for loss or damage BycaBoy shall pay compensation to the Customer for loss of or damage to a Consignment up to the limits set out in condition 8, subject to the provisions of this condition 7 and subject to satisfaction of condition 9. Nothing in these conditions excludes or limits the liability of BycaBoy: for death or personal injury caused by BycaBoy’s negligence; or under section 2(3), Consumer Protection Act 1987; or for any matter which it would be illegal for BycaBoy to exclude or attempt to exclude its liability; or for fraud or fraudulent misrepresentation. Save for condition 7.1 and 7.2, BycaBoy shall not otherwise be liable to the Customer or any other person for any loss of, or damage to, or any delay of any Consignment(s), or for any loss or damage arising from delay in the collection, conveyance or delivery of any Consignment(s) howsoever such loss or damage was caused and whether by the negligence of BycaBoy or its officers, employees, contractors, agents or otherwise. For the avoidance of doubt, BycaBoy does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential losses whatsoever or howsoever arising. Subject to condition 8 any compensation payable for loss or damage under these conditions shall be limited to the repair costs of the items damaged or, if they are lost or damaged beyond repair, their replacement cost to the Customer taking account of depreciation for wear and tear at cost price and excluding VAT where applicable, or (at BycaBoy’s option) repairing or replacing the items with an equivalent item. BycaBoy shall not be liable to pay compensation for loss of, or damage to a Consignment: due to latent or inherent defect or natural deterioration of items; containing Prohibited Goods; or containing tickets, or tickets which are exchangeable for goods or services (including without limitation, airline tickets or tickets for any mode of transportation). BycaBoy shall not be liable to pay any refund or compensation in respect of a Consignment which is damaged or lost as a result of it being inadequately packaged, incorrectly addressed or accompanied by incomplete documentation. BycaBoy shall not be liable (whether for the payment of compensation or refunds or otherwise), for failure to perform, or delay in performance of any of its obligations under these conditions to the extent that such delay or failure results from circumstances outside its control, including, inter alia, any adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of public or private highway or from any industrial action whatsoever. BycaBoy shall not be liable in respect of any Consignment where any person has been fraudulent or dishonest in any way in respect of that Consignment or misrepresents his authority to receive a Consignment on the addressee’s or Customer’s behalf. The Customer shall be liable in respect of any damage caused in transit to other Parcel(s) or property resulting from sending a Consignment that is insufficiently packaged. Compensation Compensation up to a maximum of £1000.00 will be payable for loss of or damage to a Consignment. Claims for compensation BycaBoy will require the Customer to substantiate a claim by providing any relevant information about the Consignment including, inter alia, proof of despatch, proof of value, and (in the case of damage) to provide the Consignment and its packaging for inspection. BycaBoy may make such investigations as it deems necessary to satisfy itself of the validity of any claim. All claims for compensation must be received by BycaBoy within 30 (thirty) days of Despatch. General These conditions will be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matters arising under or in connection with this agreement. No variation of these conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties. These conditions constitute the entire agreement between BycaBoy and the Customer. Each party acknowledges that in entering into these conditions it is not relied on any representation or undertaking, whether oral or in writing, save as expressly incorporated herein. The failure to exercise or delay in exercising a right or remedy provided by these conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. If any provision of these conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these conditions which shall remain in full force and effect. Nothing in these conditions (nor anything else), shall confer on any third party any benefit, nor the right to enforce any of these conditions which that person would not have had but for the Contracts (Right of Third Parties) Act 1999.
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