1.1. We are York Collective Ltd (“York Collective Ltd”, “Our”, “Us”, “We”), a cycle courier cooperative and a company incorporated in England and Wales with company number 12422006. The registered office is at 20 Abbotsway, York, YO31 9LF.
1.2. These are the terms and conditions upon which We do business (“Terms”).
1.3. We may revise or update these Terms at any time without notice. The current version of these Terms can be found on Our website (yorkcollective.co.uk)
1.4. These are the Terms (as revised or updated from time to time in accordance with Condition 1.3) upon which We are willing to supply the Services to You. The Terms will apply to all dealings between You and Us to the exclusion of all other terms and conditions (including any terms and conditions which You may purport to apply under any purchase order, confirmation of order or similar document).
2.1. In these Terms the following definitions apply:
Claim means any claim, action, suit, loss, damage, costs (including, legal and other professional fees), interest, expenses and any other liabilities;
Consignee means the person to whom any Goods are to be delivered as specified by You in the Order;
Consignment means the Goods that are either: (i) sent at one time in one load by or for the Customer from one address to another address; or (ii) stored by Us on behalf of the Customer;
Contract means the contract for Services made between the Customer and York Collective Ltd which shall be made subject to and include these Terms and the Order;
Customer or You means the person who contracts with Us for the provision of Services;
Dangerous Goods means dangerous substances as defined in the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992, explosives, radioactive substances and any other substance presenting a similar hazard;
Goods means goods of any nature in bulk or contained in one parcel, package, container or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes;
Order means an order placed by You including placed by your representative on your behalf, for Our Services;
Services means the services We offer as detailed on Our Website from time to time or that are agreed between us;
Storage means any period of time during which the Consignment is being stored by Us on behalf of the Customer;
Transit means the period of time during which the Consignment is being carried by Us as set out further in Condition 5;
Website means: https://yorkcollective.co.uk/
3.1. We are not obliged to accept any orders from You. A Contract will only be formed at the time We accept your Order.
3.2. The Customer warrants that it is either the owner of the Goods or is authorised by the owner to accept these Terms on the owner’s behalf.
3.3. The Customer acknowledges and agrees that where an Order is made by one of its representatives that any such representative is an authorised representative of the Customer and is authorised by the Customer to bind the Customer to these Terms.
4. Dangerous Goods
4.1. Dangerous Goods must be disclosed to Us by the Customer when the Order is placed. If We accept an Order for Services in relation to Dangerous Goods they must be classified, packed and labelled in accordance with all applicable statutory regulations and guidelines including, for the carriage by road or long term Storage of the substance(s) declared.
4.2. If the Order requires carriage of Dangerous Goods, You shall ensure that the applicable transport emergency card and/or any other information required by law or any relevant authority for each substance is provided to the York Collective Ltd representative who collects the Dangerous Goods.
4.3. If the Order requires storage of Dangerous Goods, You shall provide Us with all documents and information necessary for Us to provide safe and legal storage of the Dangerous Goods.
5.1. Transit commences when We take possession of the Consignment, whether at the collection address set out in the Order or elsewhere.
5.2. Transit shall (unless otherwise previously determined) end when the Consignment is delivered to the delivery address set out in the Order except that:
(a) if no safe and adequate access or, if applicable, no adequate unloading facility exists at the delivery address, Transit shall end when we have returned the Consignment to the collection address set out in the Order; or
(b) when for any other reason whatsoever the Consignment cannot be delivered or when Consignment is held by Us “to be kept until called for” or upon any similar instructions and the Consignment is not called for and/or removed within a reasonable time determined by Us, then Transit shall end at the expiry of the reasonable time as determined by Us.
6. Using the customer platform
6.1. Our customer platform, (accessed via https://york.coopcycle.org) is maintained by CoopCycle.
6.2. Use of the client platform must be in accordance with their terms and conditions which can be accessed here: https://york.coopcycle.org/en/terms
7. Packaging and Weight Limits
7.1. The Customer warrants that all Goods shall be packaged securely and appropriately prior to the scheduled collection by Us. We reserve the right to refuse to take possession of any Goods that do not comply with Condition 7.1 and terminate the Order, and shall not be liable for any loss arising from such refusal and termination.
7.2. No Consignment shall exceed the weight limit of 20kg unless agreed in advance with Us.
8. Our Charges
8.1. Our charges will be made in accordance with Our current rates when the Contract is made or as otherwise agreed between the Customer and York Collective Ltd in writing. Our rates will be reviewed by us on a regular basis.
(a) See our pricing here (https://yorkcollective.co.uk/delivery-fees/)
8.2. Invoices will be prepared by Us at least once a month.
8.3. Each of Our invoices must be paid within 14 days of the date of the invoice unless You notify Us of any bona fide dispute in relation to an invoice within 7 days of the date of that invoice. You shall pay any undisputed amount of the disputed invoice in accordance with this Condition but may withhold the disputed amount until the amount due has been agreed or otherwise determined.
8.4. We shall be entitled to charge interest on the outstanding amount from the due date until payment is made in full at the rate of 8% per annum over the base rate from time to time, which interest shall accrue on a daily basis from the date payment becomes overdue until the date payment of the overdue amount together with all interest that has accrued is received by Us in cleared funds.
8.5. Unless stated otherwise, all charges quoted are exclusive of Value Added Tax or any other sales, use, import or export, value added or similar tax which, if applicable, shall be payable by the Customer in addition.
9. Liability for Loss and Damage
9.1. We shall not be liable to the Customer for any loss, mis-delivery of and/or damage to the Consignment or any part of them arising out of or in connection with any reason or event whatsoever outside of our reasonable control.
9.2. We shall not be liable to the Customer in respect of any loss, mis-delivery of and/or damage to any Consignment or any part of a Consignment as a result of:
(a) any seizure or forfeiture under legal process;
(b) any act, omission, misstatement or misrepresentation by the Customer, the owner of the Consignment, the Consignee or the servants or agents of each of them;
(c) any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment (even if marked “Fragile”);
(d) any theft or third party act;
(e) insufficient or improper packing;
(f) insufficient labelling or addressing; or
(g) the Consignee not taking or accepting delivery within a reasonable time after the Consignment has been tendered.
9.3. In relation to any Claim made by You in relation to loss or damage to any Goods, You shall provide written proof of the value of the Goods damaged or lost and shall allow Us (or Our representatives) reasonable access to inspect the damaged Goods.
9.4. We shall not in any circumstances be liable to You in relation to any late delivery of a Consignment as a result of any reason or event beyond our reasonable control.
10.1. The Customer shall indemnify Us and hold Us harmless from any liability in connection with a Consignment arising out of or connected to any act of fraud on the part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by Our complicity.
11. Limitation of Liability
11.1. Nothing in this Agreement shall exclude or limit either party’s Liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited by English law.
11.2. Subject to Condition 11.1, Our total aggregate liability arising out of or inconnection with the provision of same-day collection and delivery Services underanyContract shall not exceed the lesser of:
(a) the replacement value of the Goods that are actually lost or damaged;
(b) the cost of repairing any damage or reconditioning the Goods that are damaged; or
(c) £1,000 whether such loss or damage was due to Our fault or negligence or that of Our servants, agents or employees or otherwise.
11.3. Subject to Conditions 11.1 and 11.2, We shall not in any circumstances be liable to You for any:
(a) loss of or damage to any Goods arising out of or in connection with any collection and delivery Services;
(b) loss of or damage to any Goods arising out of or in connection with any storage Services;
(c) losses, expenses, fines, liability or damages You may incur as a result of Ourperformance, non-performance or mis-performance of the Services;
(d) special, indirect, consequential or incidental losses or punitive or exemplary damages; or
(e) loss of profits, loss of contracts, loss of business, loss of anticipated revenue or savings, or loss of opportunity (in each case whether direct or indirect) whether arising from negligence, breach of contract or otherwise under or in connection with theseTerms orany Contract.
11.4. If the Customer wishes to arrange a higher level of liability in respect of any Consignment, then they should apply to York Collective Ltd who may be able to arrange this at an additional charge to the Customer.
12. Time Limits for Claims
12.1. We shall not be liable for any:
(a) damage to the whole or part of any Consignment unless We are given written notification of the damage within 3 working days after the end of the Transit and the claim giving details of quantum and the circumstances of any loss is made in writing within 7 days after the end of the Transit (as determined in accordance withCondition 7);
(b) loss or mis-delivery or non-delivery of the whole or part of any Consignment unless We are notified of the loss, mis-delivery or non-delivery in writing within 14 days after the commencement of Transit and the claim giving details of quantum and the circumstances of anyloss is made in writing within 21 days after the commencement of Transit (as determined in accordance with Condition 7).
13. Indemnity to York Collective Ltd
13.1. The Customer shall indemnify York Collective Ltd against:
(a) all consequences suffered by York Collective Ltd (including claims, demands proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and/or to other Consignment carried) as a result of:
(i) any error, omission, misstatement or misrepresentation by the Customer or owner of the Consignment or by any servant or agent of either of them; and/or
(ii) insufficient or improper packaging, labelling or addressing of the Consignment;
(b) all claims and demands whatsoever by whomsoever made in excess of the liability of York Collective Ltd under these Terms as set out in Condition 11;
(c) all losses suffered by and claims made against York Collective Ltd resulting from loss of or damage to property caused by or arising out of the carriage by York Collective Ltd of Dangerous Consignment whether or not declared by the Customer as such; and
(d) all claims made upon York Collective Ltd by HM Revenue & Customs in respect of dutiable Consignment consigned in bond whether or not Transit or Storage has ended or been suspended.
14. Data Protection
15.1. Neither You nor We shall be entitled to assign, novate or otherwise transfer any of our rights and/or obligations under these Terms or any Contract without the prior written consent of the other party (that consent not to be unreasonably withheld or delayed) except that the Customer acknowledges and agrees that We may use sub-contractors to perform the Services or parts of the Services from time to time.
15.2. The relationship between York Collective Ltd and the Customer is that of supplier and purchaser. Nothing in Terms or in any Contract shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party, or to contract in the name of, or to create a liability against, the other party in any way or for any purpose.