Terms of Trade
Table of Contents
- Introduction
- Services
- Using the services
- Personal shopper service
- Personal shopper refunds
- Distribution service
- Restrictions on your use of the services
- International deliveries
- Delivery and storage
- Prices and payment
- Our liability and optional Protect+ Extended Liability
- Claims
- Our General Lien over your goods
- General
- Complaints and disputes
- How to contact us
- Prohibited goods
1 Introduction
1.1 www.forward2me.com (the Site) is operated by Forward2me Limited (we, us and our). We are registered in England and Wales under company number 07323718. Our registered office is at York House, Green Lane West, Preston, PR3 1NJ. Our UK VAT number is GB994 6929 42.
1.2 The terms contained in this document (Terms of Trade) apply to all transactions for the purchase of Services.
1.2.1 Upon registration as a member of the site you agree to accept BIFA standard terms and conditions
1.3 Please read these Terms of Trade carefully before you become a Registered Member. By registering as a Registered Member and using the Services you agree to be bound by these Terms of Trade, which form a legal agreement between you and us and can only be amended with our written consent.
1.4 Your use of the Site is also subject to our Terms of Use. You should also read our Privacy Policy.
1.5 We reserve the right to change these Terms of Trade from time to time without prior notice to you. Any change will not affect the provision of Services in relation to any order that you place or Goods that we receive on your behalf from a Supplier before that change is published on our Site.
1.6 In order to use the Services you must become a registered member of the Site (a Registered Member) by following the instructions on the Site.
1.7 Upon registration as a member of the Site you will be assigned a unique Forward2me Address, which will be an address in England to which, subject to these Terms of Trade, you may have Goods delivered.
1.8 Subject to our approval, you may request an additional or alternative Forward2me Address in Guernsey (or additional territories as they may be added to our operations). Where you are registered with Forward2me Addresses in more than one territory it shall be your sole responsibility to ensure that you give the desired Forward2me Address to any Supplier.
1.9 All Forward2me Addresses shall be addresses at premises operated by us or on our behalf to provide our Services. We shall be entitled to alter your Forward2me Address upon notice to you.
2 Services
We offer the following services (the Services):
2.1 Forwarding Service
2.1.1 Whenever you arrange for goods (Goods) to be sent to your Forward2me Address we will forward those Goods to your Delivery Address (the Forwarding Service). You may arrange for Goods to be sent to your Forward2me Address in the following ways:
(a) by placing an order directly with a supplier (Supplier), specifying your Forward2me Address as the delivery address for the Goods; or
(b) by way of the Personal Shopper Service (described in clause 4); or
(c) by way of the Distribution Service (described in clause 6).
2.1.2 Whenever we receive Goods at your Forward2me Address, we will contact you to undertake the forwarding of those Goods to your Delivery Address. We will sub-contract the delivery to established courier companies as at our discretion we consider appropriate for the delivery service you have selected.
2.1.3 We will charge you a fee for using the Forwarding Service (the Forwarding Fee) which, if the Goods arrived at your Forward2me Address by way of the Personal Shopper Service or the Distribution Service, must be paid in addition to the Personal Shopper Service Fee or the Distribution Service Fee (as applicable). The amount of the Forwarding Fee will be agreed with you before we arrange the forwarding of your Goods to your Delivery Address. After we receive full payment of the entire Fee from you, we will dispatch the Goods to your Delivery Address.
2.2 Personal Shopper Service
2.2.2 You may, subject to clause 4, place an order with us requesting that we, as your agent, place an order with a Supplier for specific Goods on your behalf. We will pay the Supplier for those Goods and arrange for their delivery to your Forward2me Address. (the Personal Shopper Service)
2.2.3 We will charge you a fee for using the Personal Shopper Service (the Personal Shopper Fee). You must pay the full price of the Goods and the Personal Shopper Service Fee before we can place any order with the Supplier. After we have received the Goods at your Forward2me Address, we will contact you to arrange the forwarding of those Goods to your Delivery Address using the Forwarding Service.
2.3 Distribution Service
2.3.1 Please note that at present we are not offering the Distribution Service and any provisions relating thereto, including clause 6, shall be of no application. Please use the Personal Shopper Service instead. The Distribution Service is available only to business customers that are either:
(a) a business customer registered for VAT or other local sales tax in the European Community (a European Business Customer); or
(b) a business customer registered in a country outside the European Community (a Worldwide Business Customer).
2.3.2 If you are a European Business Customer or a Worldwide Business Customer, you may, subject to clause 6, place an order with us requesting that we, in the capacity of principal, place an order with a Supplier for specific Goods. We will purchase those Goods, arrange for delivery to your Forward2me Address and will sell those Goods to you at an agreed price.
(the Distribution Service).
2.3.3 We will charge you a fee for using the Distribution Service (the Distribution Service Fee). You must pay the full price of the Goods and the Distribution Service Fee before we can place the order with the Supplier. After we have received the Goods, we will contact you to arrange the forwarding of those Goods to your Delivery Address using the Forwarding Service. Provided that you have complied with clause 6, we will sell the Goods to you (and charge the Distribution Service Fee to you) zero rated for UK VAT purposes.
2.4 Other Services
2.4.1 We offer a range of other supplementary services such as Combine and Repack, Dangerous Goods handling, and Returns Shipping for which we charge a fee. Details of these services and the fees we charge for them can be found on the Site.
2.4.2 By registering as a Registered Member and using one or more of the Services above, you confirm that your ultimate delivery address (to be specified by you when you become a Registered Member) (your Delivery Address) is, in each instance, within one of the countries to which, according to the Site, we are willing to send Goods (as may be amended by us in our sole discretion from time to time).
2.4.3 We are only able to provide the Services where your Delivery Address is located in a different country to your Forward2me Address at which Goods are received. If we receive Goods and delivery instructions in breach of this clause 2.4.3 we will dispose of the Goods as we see fit and shall not be liable to you in any way.
2.4.4 After you have become a Registered Member we will provide you with one or more unique Forward2me Address.
2.4.5 As a Registered Member, you will be responsible for all Goods sent to your Forward2me Address, even if another person is using your Forward2me Address. We will assume that any Goods we receive from a Supplier to your Forward2me Address have been ordered by you for us to forward to your Delivery Address (under the Forwarding Service). Therefore, you should be careful not to pass on details relating to your membership of the Site to anyone that is not authorised to arrange for Goods to be sent to your Forward2me Address.
2.4.6 You can cease to be a Registered Member at any time by contacting us and requesting that we close your account.
3 Using the Services
The terms set out in this clause 3 apply to all Services that we offer.
3.1 If you place an order for Goods directly with a Supplier, you must provide your Forward2me Address as the address to which the Supplier should send those Goods.
3.2 Where Goods originate in the USA, you must notify the Supplier of your intent to export those Goods. Additionaly, take responsibility for providing all documenatation necessary for export compliance.
3.3 We are only able to receive Goods during the opening hours, as published on the Site, for the Forward2me Address to which they have been shipped.
3.4 When you place an order for Goods directly with a Supplier, you will need to tell the Supplier this. We will not be liable to you for any Goods delivered outside those hours.
3.5 Unless you have requested and received prior written consent from us we will only accept delivery of Goods from Suppliers based in the UK. Any Goods that we receive from any other location, without prior consent, will either be rejected or disposed of as we see fit. We shall not be liable to you in relation to those Goods.
3.6 In placing an order with us, you confirm that the Goods have been purchased from a retailer that is authorised to sell the Goods in the country in which you are based.
3.7 No request to provide Services shall be deemed as accepted until you have paid the required sums and we have communicated our acceptance, or alternatively until we have despatched the Goods to your Delivery Address.
3.8 Risk in the Goods will pass to us at the time we receive the Goods and shall pass to you when the goods are passed to our appointed sub-contracted courier.
3.9 Where Goods are sold by us pursuant to the Distribution Service title in the Goods shall remain with the Supplier until we make payment in full for those Goods, at which point title will pass to us. Title in the Goods will pass from us to you once we have received payment of the Fee. In all other cases we are not concerned with your purchase of the Goods from the Supplier and title to the Goods shall pass in accordance with your agreement with the Supplier.
3.10 All Goods will be delivered to your Delivery Address by way of the Forwarding Service by our sub-contracted courier.
3.11 In certain limited circumstances (such as where we receive Prohibited Goods or Restricted Goods, we may, where we think it is reasonable, refuse to provide the Services in relation to Goods we receive from a Supplier. If this happens we will return the Goods to that Supplier if practical and lawful to do so.
3.12 In the event that we agree to take delivery of Goods arriving from outside the UK there may be import duty, VAT and other fees payable to the delivering courier and UK authorities. You authorise us to pay such duties, taxes and fees on your behalf and agree that you will reimburse us immediately for all such costs upon presentation of our invoice for the same. We are not, however, obliged to pay such sums on your behalf.
3.13 You indemnify us in respect of all costs and liabilities arising from taking delivery of your Goods, including responsible disposal of them if required, regardless of whether we subsequently forward those Goods to you or not.
4 Personal Shopper Service
4.1 This clause 4 shall govern the Personal Shopper Service described in condition 2.2.
4.2 The Personal Shopper Service Fee is set out on the Site and is in addition to the Forwarding Fee.
4.3 When placing a request for the Personal Shopper Service you must provide us with the following product information so that we may process your order:
(a) brand;
(b) manufacturer;
(c) model number;
(d) size;
(e) colour;
(f) type;
(g) quantity;
(h) shipping cost to your Forward2me Address;
(i) price; and
(j) a URL link to the item on the website of your nominated Supplier.
4.4 We may refuse to accept any request placed by you for the Personal Shopper Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms of Trade).
4.5 When placing a request for us to provide the Personal Shopper Service, you:
4.5.1 acknowledge that if we place an order on your behalf we do so as your agent;
4.5.2 acknowledge that we do not accept any liability in relation to any Goods we order, except to the extent expressly set out in these Terms of Trade and that, if the Goods are faulty, you will contact the Supplier and/or manufacturer of the Goods directly and not us; and
4.5.3 agree that we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided that the price charged by that alternative Supplier is the same or less than the price charged by your nominated Supplier).
4.6 By placing a request for the Personal Shopper Service, you agree that we will provide the Forwarding Service in respect of the Goods acquired.
4.7 Before we can accept your request for the Personal Shopper Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability. If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier in accordance with clause 4.5.3 above. If we are unable to identify an alternative Supplier, we will contact you to confirm (a) the price at which the Goods may be sourced from your nominated Supplier; and (b) the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place any order with an alternative Supplier until you have confirmed to us that you are happy for us to do so. If the Goods are unavailable, we will notify you and decline you request.
4.8 We must receive the full price payable for the Goods together with the Personal Shopper Service Fee before we can accept your order.
4.9 Following receipt of the full price payable for the Goods and the Personal Shopper Service Fee, we will place an order for the Goods as soon as reasonably practicable.
5 Personal Shopper Refunds
5.1 If the Goods cannot be supplied by the Supplier and we cannot find an alternative supplier at the same or lower price we will inform you and make arrangements to refund any sums paid to us by you in respect of the cost of the Goods via the same payment method you used to pay us net of any transactions costs (for example costs in making an international bank transfer).
5.2 If the Goods are delivered damaged at our warehouse or, using reasonable efforts, it is apparent without opening the packaging that the Goods are not as described or specified in the order made with the Supplier we will contact you for further instructions. If the Supplier will accept a return and you instruct us to return the Goods and seek a refund we will on your behalf, attempt to return the Goods and obtain a refund in accordance with the Supplier's terms. We will refund to you whatever sum is recovered from the Supplier net of any costs incurred (such as return shipping costs, Supplier restocking fees, or transaction costs) and endeavour to do so within 14 days of receiving it ourselves. You agree that if we are unable, using reasonable efforts, to obtain a refund from the Supplier we will have no liability to you whatsoever.
5.3 If after you have received the Goods you wish to return them because they are faulty or not as described or specified in the order made with the Supplier and you request us to do so we will use reasonable efforts to obtain agreement from the Supplier to accept a return. If the Supplier agrees to accept a return you will arrange to ship the Goods back to us at your expense. We will refund to you whatever sum is recovered from the Supplier net of any costs incurred (such as return shipping costs within the UK, Supplier restocking fees, or transaction costs) and endeavour to do so within 14 days of receiving it ourselves. You agree that if we are unable, using reasonable efforts, to obtain a refund from the Supplier we will have no liability to you whatsoever.
6 Distribution Service
6.1 This clause 6 shall govern the Distribution Service described in condition 2.3.
6.2 If you are a:
6.2.1 European Business Customer, you must provide us with your full VAT or other local sales tax registration number (including the two letter country code) when you become a Registered Member;
6.2.2 Worldwide Business Customer, please provide us with your full registered company address, including the country in which you are registered, when you become a Registered Member.
6.3 If you are a European Business Customer or Worldwide Business Customer, we will set the Distribution Service as your default Service, but you may still place orders directly with Suppliers for delivery to your Forward2me Address if you wish. For the avoidance of doubt, the Personal Shopper Service will not be available to European Business Customers or Worldwide Business Customers.
6.4 The Distribution Service Fee is set out on the Site and is in addition to the Forwarding Fee.
6.5 When placing an order for the Distribution Service, you will be required to provide us with the following product information in order that we may process your order:
(a) brand;
(b) manufacturer;
(c) model number;
(d) size;
(e) colour;
(f) type;
(g) quantity;
(h) cost for the item to be shipped to us;
(i) price (which, if you are a Worldwide Customer must be the price exclusive of VAT or other local sales tax); and
(j) a URL link to the item on the website of your nominated Supplier.
6.6 If you are a European Business Customer, when placing an order for the Distribution Service you must also provide the following information:
6.6.1 the name of the European Community Member State or included territory in which you are registered for VAT or other local sales tax purposes; and
6.6.2 your full VAT or other local sales tax registration number, including the two letter country code.
6.7 We may refuse to accept any order placed by you for the Distribution Service in our absolute discretion (including, without limitation, where the Goods do not comply with the requirements set out in these Terms of Trade).
6.8 By placing an order for us to provide you with the Distribution Service, you acknowledge and agree:
6.8.1 that if we place an order on your behalf we will do so as a distributor; and
6.8.2 that we shall not be liable to you in relation to any Goods that we order, except to the extent expressly set out in these Terms of Trade. If the Goods are faulty, please contact the Supplier and/or the manufacturer of the Goods directly. In the event that the Supplier and/or the manufacturer are unable or unwilling to rectify the fault, you may contact us. We will then use our reasonable endeavours to secure the repair and/or replacement of the faulty Goods on your behalf; and
6.8.3 that we may, at our option, obtain identical Goods from an alternative Supplier to your nominated Supplier (provided the price charged by that Supplier is the same or less than the price charged by your nominated Supplier) and that we are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from that alternative Supplier; and
6.8.4 that, if you are a European Business Customer, you are registered for VAT in the European Community; and
6.8.5 that, if you are a Worldwide Business Customer, you are a company registered in the country or territory outside of the European Community that you indicated when you became a Registered Member.
6.9 By placing an order for the Distribution Service, you acknowledge that we are required to evidence the removal of Goods from the UK in order that those Goods may be provided to you zero rated for UK VAT purposes. Accordingly, you will, where requested, assist us in providing evidence of the delivery of the Goods to you, including, but not limited to, providing us with copies of the following documents: order forms, correspondence, sales invoices, packing lists, invoices from hauliers, bank statements and consignment notes confirming receipt of the Goods at your Delivery Address.
6.10 By placing an order for the Distribution Service, we will assume that you are also placing an order for us to provide the Forwarding Service as set out in these Terms of Trade.
6.11 Before we can accept your order for the Distribution Service, we will contact your nominated Supplier to confirm the correct price of the Goods and their availability. If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to identify an alternative Supplier in accordance with condition 6.8.3 above. If we are unable to identify an alternative Supplier, we will contact you to confirm (a) the price at which the Goods may be sourced from your nominated Supplier; or (b) the identity of an alternative Supplier and the price at which identical Goods may be sourced from that Supplier. We will not place any order with an alternative Supplier until you have confirmed to us that you are happy for us to do so. If the Goods are unavailable, we will notify you and cancel your order.
6.12 We must receive the full price payable for the Goods together with the Distribution Service Fee before we can accept your order. We will, in our discretion either:
6.12.1 require you to pay the price payable for the Goods and the Distribution Service Fee at the time you place your order (this amount will be refunded if we do not accept your order); or
6.12.2 send you an invoice by e-mail for the price payable for the Goods and the Distribution Service Fee.
6.13 Following receipt of your payment for the Goods and the Distribution Service Fee, we will place an order for the Goods as soon as reasonably practicable.
7 Restrictions on your use of the Services
7.1 You must not arrange for a Supplier to send Goods to the Forward2me Address, or place any order with us:
7.1.1 where you or the entities you represent appear on any Denied Persons List, Entity List or Unverified List. Further, you authorise us to use all available information to validate your identity directy or via third party services from which we will make a determination, which may result in termination of all services, entirely at our discretion.
7.12 in any three month period in relation to more than 1000 of the same or similar types of Goods;
7.1.3 where the total value of the Goods in an order or delivery exceeds £5000 or where the weight of the Goods in that order exceeds 90kg (Restricted Goods) without contacting us in advance for us to confirm that we are willing to accept those Restricted Goods. As a condition to accepting Restricted Goods we may require an additional payment from you.
7.2 You must not arrange for any Goods to be sent to us, or place an order for any Goods with us, where those Goods:
7.2.1 may be hazardous or dangerous;
7.2.2 are not permitted for carriage by air;
7.2.3 cannot lawfully be delivered to the jurisdiction in which the Delivery Address is located; or
7.2.4 are listed in condition 17 of these Terms of Trade (or otherwise notified to you by us from time to time or set out on the Site) (Prohibited Goods).
7.3 If you are unsure if any Goods are Dual Use, Prohibited Goods or Restricted Goods, please contact us by email at info@forward2me.com before placing your order with the Supplier or, in the case of the Personal Shopper and Distribution Service, with us.
7.4 If Dual Use, Prohibited Goods or Restricted Goods are sent to us:
7.4.1 we will deal with them as we see fit which may include disposal (and will charge you for any costs and expenses we incur); and
7.4.2 you will indemnify us and keep us and our employees, sub-contractors and agents indemnified against any and all resulting losses, damage and/or injuries.
7.5 The Services are to facilitate the purchase, receipt and forwarding of Goods and any other use of the Services or your Forward2me Address is prohibited. Without limitation to the foregoing you must not use your Forward2me Address as follows:
7.5.1 declaring it as your residential address;
7.5.2 in any application for, any official documents (for example, passport, driving licence, immigration documents);
7.5.3 in any application for banking facilities, credit, mortgage, loan or housing;
7.5.4 for any governmental, regulatory, legal or financial authority, body or organisation;
7.5.5 for the registration of any business, partnership or company.
7.6 We will not forward to you official documents sent to your Forward2Me address in breach of condition 7.5 and will dispose of them as we see fit.
7.7 We will not forward to you items purchased on finance without documentary proof of export approval from finance provider.
7.8 Unless they are faulty, incorrect or damaged we will not return the following types of goods to retailers without prior written agreement: limited release goods such as special edition sneakers or shoes; high value goods or collectible goods in high demand that have been ordered in quantities greater than two; goods sourced from outside the UK; custom, one-off or bespoke goods, or any goods that the original seller will not accept on return. Furthermore, in all circumstances, we will not return goods if by doing so we believe it may harm our reputation or business. (For example if you have ordered multiple goods with the intention of reselling them but having been unable to you wish to return them. We will not facilitate that type of activity.)
8 International deliveries
8.1 You will provide us with all necessary documentation and authorise us and our sub-contracted couriers to complete any documentation for the purpose of export compliance, import compliance and customs clearance (where we are legally permitted to do so).
8.2 You take full responsibility for compliance with all terms and conditions of the sub-contracted courier service.
8.3 Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist.
8.4 You will be regarded as both the exporter and importer of any Goods that we send to you through the Services and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection by customs authorities.
8.5.You are responsible for any return charges or duty fees if a shipment is returned to any of our warehouse for the following reasons:
8.5.1 Refusal to pay duties and taxes.
8.5.2 Courier unable to contact the consignee in the destination country.
8.5.3 Goods unable to clear customs.
8.5.4 Import restrictions.
8.5.5 Under-declared value of goods for customs purposes.
8.5.6 Incorrect address.
8.6 Forward2me is not liable for covering these costs, and they will be passed on to the customer.
9 Delivery and Storage
9.1 We will aim to ensure that all Goods which we receive at your Forward2me Address are forwarded to your Delivery Address (by way of the Forwarding Service) as soon as possible after receiving your instructions and payment to do so. Goods will normally be forwarded within 48 hours of payment, although it may take longer where we, acting reasonably, suspect that Restricted Goods or Prohibited Goods have been sent to us, or that the Goods may be fraudulent or otherwise unsuitable for export. Delivery times for the Forwarding Service vary according to your Delivery Address and the Courier you select, and exclude time spent in customs which is beyond our control. Deliveries may require your signature to confirm receipt.
9.2 We may need to inspect the Goods, which could include opening packages where necessary. If we do this, we will re-package the Goods so they are packaged to a similar standard to when we received them. Although we will use reasonable endeavours to avoid doing so, you acknowledge that as part of this inspection we may have to break the seals on some Goods. We do not accept any liability for any damage caused as a result (unless it is due to our negligence).
9.3 We will store Goods which we receive at your Forward2me Address for up to 30 days without charge whilst we await your instructions to ship and your payment for the Forwarding Service. After this time we will charge a daily storage fee for each package we have stored beyond 30 days. The fee for each package will accrue daily until the package is shipped or disposed of. The fee we charge for storage is set out on the Site or in an email we send you before the charge is incurred.
9.4 You agree that the following can be treated by us as Abandoned Goods:
9.4.1 Goods that have been stored for more than 90 days;
9.4.2 Goods that have been stored for more than 60 days since the last full settlement of storage fees by you;
9.4.3 Goods that have been stored for more than 60 days without any instructions from you;
9.4.4 Goods whose owner cannot be identified within 30 days of receipt despite reasonable efforts by us to identify the owner; and
9.4.5 Any and all Goods we hold for you if you fail to settle any Fees within 60 days;
9.4.6 Any Goods in relation to which you have committed or attempted to commit fraud Goods.
9.5 You authorise us to dispose of Abandoned Goods in any manner we choose.
10 Prices and payment
10.1 Before you place an order with a Supplier for delivery to your Forward2me Address, you should use the calculator on the Site to obtain an indicative price for us providing the Forwarding Service to you. Any indicative price shall not be binding upon us.
10.2 The full fee that you must pay to us for each order (the Fee) shall comprise:
10.2.1 the cost of the Goods ordered (which shall be zero where you have placed an order directly with a Supplier and have already paid the Supplier for those Goods); and
10.2.2 the Personal Shopper Fee or Distribution Service Fee (if applicable); and
10.2.3 the Forwarding Fee.
10.3 The Personal Shopper Service Fee and Distribution Service Fee shall each be set out on the Site from time to time.
10.4 The Forwarding Fee will be agreed with you before we send the Goods to your Delivery Address. The Forwarding Fee will be dependent upon the size and weight of the Goods, the delivery service required and the Delivery Address.
10.5 All prices on the Site are in pounds (£) sterling, exclusive of UK VAT. Prices may change at any time. Where you place an order with us for the Distribution Service, we shall, provided that you comply with your obligations in clause 6, deliver the Goods to you (and charge the Distribution Service Fee to you) zero rated for UK VAT purposes.
10.6 Whenever we receive Goods at your Forward2me Address, we will contact you using the details you provided when you became a Registered Member (or subsequently) to confirm the full amount of the Fee and to take payment. We will not dispatch the Goods to you until we have received full payment of the Fee.
10.7 If we are unable to contact you within 10 business days of receiving Goods from a Supplier at your Forward2me Address, we may return the Goods to that Supplier.
10.8 In addition to our Fees you shall be responsible for additional charges incurred by us to couriers or other parties where we return Goods to a Supplier or to you or Goods are returned to us because delivery could not be completed by the sub-contracted courier. Such charges will be invoiced to you and payable on demand.
10.9 All payments made by debit/credit card (or similar) will be processed on our behalf by our nominated payment merchant and all transactions shall be at their discretion. This means that your credit/debit card details are provided directly to the payment merchant and are never revealed to us. The payment merchant shall operate a secure server to process your payment details. The payment merchant shall encrypt your credit/debit card information and shall authorise payment. If your payment cannot be processed through our nominated payment merchant then it shall be your responsibility to find a method by which to make payment.
10.10 Once your shipment has been booked by us with the Courier no cancellation or refund can be made. Where Goods are lost or damaged any claims will be handled in accordance with clauses 11 and 12.
10.11 We are not responsible for your card issuer or bank charging you as a result of our processing of your payment.
11 Our liability and optional Protect+ Extended Liability
11.1 Subject to the remaining provisions of this clause 11, in respect of all Goods and all Services our liability to you in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed the following:
11.1.2 Goods lost or damaged whilst stored by us following receipt at your Forward2me Address the lesser of the:
11.1.2.1 repair or replacement cost of the Goods lost or damaged; or
11.1.2.2 £500 (five hundred pounds sterling per Consignment of Goods).
11.1.3 Goods lost or damaged whilst in transit from your Forward2me Address to your Delivery Address the lesser of
11.1.3.1 repair or replacement cost of the Goods lost or damaged; or
11.1.3.2 £50 (fifty pounds sterling per Consignment of Goods) where you request delivery by a tracked and signed for courier service and £zero where you request delivery by any other delivery service.
11.2 Under no circumstances will we be responsible for Goods lost or damaged prior to their receipt to your Forward2me Address. It is your responsibility to ensure that the Supplier is given the correct Forward2me Address and all Goods are labelled accordingly. Where our acceptance of Goods is conditional upon our prior consent we will not be responsible for any loss or damage that occurs prior to us giving that consent.
11.3 The limits of liability at clause 11.1.3 (liability for Goods in the course of transit to your Delivery Address) may be increased if you opt for our Protect+ at the time that you request a delivery of Goods to your Delivery Address and you have paid the applicable Protect+ Fee. Where you do so, the limit at 11.1.3. shall be increased to the value of the Goods comprising the Consignment as declared by you, up to a maximum of £5,000. The Protect+ Fee is calculated according to the declared value of the Goods and it is your responsibility to make an accurate declaration.
11.4 For the purposes of this clause 11, a Consignment shall mean all the Goods comprising a single delivery into your Forward2me Address or all of the Goods comprising a single shipment from your Forward2me Address to your Delivery Address.
11.5 In the event of loss or damage to Goods we will reimburse the related Forwarding Fee (pro-rated where a Consignment comprises multiple items but loss or damage only occurred to part of the Consignment).
11.6 Under no circumstances, and regardless of whether you have elected to increase the limits of liability under Protect+, shall we be liable for:
11.6.1 damage to used or second-hand goods;
11.6.2 manufacturing faults or faults that arise without evidence of physical damage;
11.6.3 indirect loss or damage;
11.6.4 loss or damage caused by delays;
11.6.5 loss or damage occurring during transit where you have elected to use an untracked service.
11.7 We shall have the benefit of all provisions within our-contracted courier’s terms and conditions of carriage limiting or excluding liability which shall be deemed to be incorporated into these Terms of Trade save that where any provisions therein contradict these Terms of Trade then the Terms of Trade shall take precedence but only to the extent of the contradiction.
12 Claims
12.1 Any claim in relation to lost Goods must be made in writing within 7 days of the scheduled delivery or where the lost Goods comprised only part of a Consignment within 24 hours of the delivery of the remainder of the Consignment.
12.2 Any claim in relation to damaged Goods must be made in writing within 24 hours of delivery and where the damage was apparent from the packaging upon delivery the damage must be noted on the delivery documents.
12.3 Failure to meet the deadlines stated in 12.1 and 12.2 shall mean that we shall have no liability to you whatsoever.
12.4 Claims must be submitted by email to the address in clause 16.1.1, accompanied by scanned copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, photograph of any external damage to the box, photograph of the external box showing the shipping label, photograph of internal packaging and relevant invoices and/or receipts for the Goods.
12.5 In the event of a claim being made within time you are required to cooperate fully with us, and any person appointed by us or any sub-contracted courier, in respect of the claim.
12.6 In the event of a fraudulent claim we shall have no liability to you whatsoever in respect of the claim, even if absent the fraud some part of the claim may have been allowable.
12.7 Nothing in this Agreement will limit or exclude our liability to you for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation.
13 Our General Lien over your Goods
13.1 We have a general lien on all Goods and any documents relating to Goods in our possession, custody or control for any and all sums that are due to us from you, including sums in respect of which you are obliged to indemnify us according to these Terms of Trade, and whether or not the sums due relate to the specific Goods. This means that we can hold your Goods until sums due to us are paid. To the extent that storage charges apply to the Goods, those storage charges will continue to accrue during the period that we may exercise a lien.
14 General
14.1 We may provide additional functions not described in detail in these Terms of Trade. These may be agreed on an ad-hoc basis or due to an expansion of our service offering, and may be ordered from our website and through our customer services. Any such additional services will be strictly subject to these Terms of Trade and subject to the charges that are agreed between us.
14.2 We may engage agents and/or sub-contractors to perform all or any part of the Services and such agents and/or sub-contractors (including couriers) will be entitled to the protection of all the terms in these Terms of Trade which exclude or limit our liability.
14.3 Our Privacy Notice, located at https://www.forward2me.com/privacy-policy/ is incorporated into these Terms of Trade.
14.4 Any formal legal notices should be sent to us at the address at the end of these Terms of Trade by email and confirmed by post.
14.5 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Trade.
14.6 If any part of these Terms of Trade is found to be unenforceable as a matter of law, all other parts of these Terms of Trade shall be unaffected and shall remain in force.
14.7 You and we agree that English law applies to these Terms of Trade and that any dispute between us arising out of or in connection with these Terms of Trade will only be dealt with by the English courts.
14.8 Nothing in these Terms of Trade is intended to, nor shall be deemed to, establish any partnership or joint venture between you and us, constitute any party the agent of the other party, nor authorise any party to make or enter into any commitments for or on behalf of the other party except as expressly provided herein.
15 Complaints and Disputes
15.1 If you wish to make a complaint please contact us by email or telephone and we will seek to resolve any problem fairly – see clause 16 for ways to contact us. If, having given us reasonable time to address your complaint you are not satisfied with our response please write to the "Head of Operations" with details of your complaint who shall be given 30 days to try to resolve matters to your satisfaction. If you have followed the entire complaints procedure and the 30 day period in the preceding sentence has elapsed and the matter has not been resolved to your satisfaction then you should engage the mediation procedure in clause 15.2.
15.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If your country of residence is within the EU and if, having written to our Head of Operations and given us 30 days to resolve your complaint you are still not satisfied with how we have responded, you may submit a complaint via the European Commission Online Dispute Resolution platform at http://ec.europa.eu/odr.
15.3 We operate a policy of zero tolerance for abusive or threatening behaviour towards our employees, associates and customers. We may at our sole discretion cease communication with and terminate the membership of any Registered Member that we judge to be engaging in abusive or threatening behaviour in connection with our services and you agree that in such circumstances we may immediately dispose, in any way we see fit, of any Goods of yours that we hold or subsequently receive.
16 How to contact us
16.1 Please feel free to contact us in any of the following ways:
16.1.1 by email at info@forward2me.com;
16.1.2 by telephone on +44 (0)1995 606060 between the hours of 9:00am and 5:30pm (London, UK, time); or
16.1.3 or by writing to us at forward2me Ltd., York House, Green Lane West, Preston, PR3 1NJ.
17 Prohibited Goods
17.1 The Goods listed in clause 17.3 are strictly prohibited from handling by us and our Services, unless we have agreed in writing to handle such Goods strictly in accordance with clause 17.2. Additionally, industry definitions of prohibited goods can change from time to time and as such, it is entirely at our discretion what is determined prohibited, whether it is explicitly on the list below or not.
17.2 Some of the items listed in clause 17.3 are strictly prohibited in any circumstances. However, some of these items can be handled by us and shipped to some destinations if correctly declared, packed and carried, almost always at additional cost. We are prepared to discuss with you the possibility of handling some of the items listed below and if we agree to do so we will agree the conditions applicable to our handling and the additional charges that will apply. In all cases, that discussion and agreement must take place before any Goods are shipped to your Forward2me address. Where we do agree to handle any of the listed Goods you are required to comply with all conditions and requirements that we may impose and failure to do so will mean that we shall be entitled to dispose of the Goods in question and you shall be required to indemnify us for all costs, expenses, fines, penalties that we may incur or may be imposed upon us arising from our handling, or our sub-contractors’ handling, of the Goods.
17.3 For country-specific restrictions, please see below.
17.3.1 Aerosols
17.3.2 Ammunition, magazines and bayonets
17.3.3 Articles of exceptional value
17.3.4 Banderols/tax stickers
17.3.5 Batteries
17.3.6 Bearer form negotiable instruments
17.3.7 Bullion
17.3.8 Butane lighters
17.3.9 Clinical and medical waste
17.3.10 Contraband or illegal substances
17.3.11 Corrosive substances
17.3.12 Counterfeit currency, bank notes and postage stamps
17.3.13 Counterfeit goods
17.3.14 Currency
17.3.15 Dual use items (goods, software or technology that can be used for both civilian and military applications)
17.3.16 Drugs - including all over-the-counter, prescription and legal drugs as well as illegal drugs / narcotics
17.3.17 Dry ice
17.3.18 E-cigarettes and other battery-powered portable electronic smoking devices
17.3.19 Environmental waste
17.3.20 Explosives and ammunition
17.3.21 Firearms and accessories, including replicas
17.3.22 Flammable liquids
17.3.23 Flammable solids
17.3.24 Furs
17.3.25 Gas masks and gas mask filters
17.3.26 Gases
17.3.27 Growth hormone (human or animal)
17.3.28 Human remains
17.3.29 Indecent, obscene or offensive material
17.3.30 Infectious substances
17.3.31 Legal or illegal highs
17.3.32 Living creatures
17.3.33 Living plants or organisms
17.3.34 Lock picking devices
17.3.35 Lottery tickets
17.3.36 Matches of any kind
17.3.37 Military and police equipment
17.3.38 Military and police training materials and equipment
17.3.39 Military, police and government uniforms, badges and ID (real or replica)
17.3.40 Official documents (e.g. Passport, Driving license, Certificate of Incorporation, etc.) including both genuine and fake documents
17.3.41 Oxidising substances and organic peroxide
17.3.42 Pathogens
17.3.43 Perfumes and aftershaves
17.3.44 Perishable goods including foodstuffs
17.3.45 Pesticides
17.3.46 Poisonous (toxic) and infectious substances
17.3.47 Poisons
17.3.48 Pornography
17.3.49 Precious metals and stones
17.3.50 Printer cartridges
17.3.51 Radioactive materials
17.3.52 Real or imitation firearms, parts thereof
17.3.53 Rifle scopes, laser pointing and aiming devices for firearms
17.3.54 Sharp instruments
17.3.55 Solvent-based paints and inks
17.3.56 Stun guns and tasers
17.3.57 Thermal imaging, infra-red or other night vision devices
17.3.58 Tobacco and tobacco products
17.3.59 Tear gas, mace and pepper spray
17.3.60 UN2814 or UN2900
17.3.61 Unidentified substances or items that in our opinion could be any of the other items on this list
17.3.62 Water-based paints and inks
17.3.63 Weapons
17.3.64 Any item that forward2me deems it can not safely or legally ship according to courier and country restrictions in effect at the time of shipping
VAT Territory of the European Community
Please click the link below for a list of the Member States and territories that are included within the EC for VAT purposes, including their country codes.
http://www.hmrc.gov.uk/vat/managing/international/esl/country-codes.htm