TERMS & CONDITIONS

Local Same Day Delivery Terms and Conditions

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Introduction

Shutl (we, us, our) operates Delivery Services through a web platform that connects a Customer (you, your) to local transportation firms enabling us to offer you immediate or pre-scheduled delivery of a package. You wish to use these services, and Shutl has agreed to provide them, on the basis of these terms and conditions.

Each and every time you use the Delivery Services, you will be deemed to acknowledge that you have read, understood, and accepted these terms and conditions and our Privacy Policy

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1. Definitions

1.1

The following words and expressions shall have the following meanings:

Additional Charge:

means any additional charges levied by the Carrier arising as a result of errors in the Delivery Data you provided to Shutl including return or overnight retention charges where address data is not correct and any other additional charges levied on Shutl by Carrier for inaccuracies in the Delivery Data;

Carrier:

means a sub-contractor of Shutl which will collect and deliver the package on Shutl's behalf;

Customer:

means you;

Dangerous Goods:

means (a) dangerous goods as defined by (i) regulatory bodies governing transport or (ii) applicable law and regulation including the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”), UN classified dangerous goods and (b) any other goods that Shutl deems present a potential risk to Shutl’s carriers. Dangerous goods are listed in the FAQs which are updated from time to time, but includes guns and other weapons, ammunition, live animals, explosives, radioactive substances and any other substance presenting a hazard or likely to cause or encourage disease;

Delivery Charge:

means the amount quoted to you in the Quotation sent to you by Shutl in respect of the Delivery Services;

Delivery Data:

means data required by Shutl or the Carriers from time to time to place a Delivery Order, which will include some or all of the following:

  • Content description(s)
  • Package dimensions (packed)
  • Package weight(s) (packed)
  • Package value (for insurance purposes)
  • Vehicle type required
  • Collection address (full address and post code)
  • Delivery address (full address and post code)
  • Customer name, email and telephone details
  • Where different from Customer, the recipient’s name, email and telephone details;
  • Delivery Order: means an order for a delivery made and paid for in advance by you through the Shutl Platform;
Delivery Services:

means the delivery to be carried out under these Terms and Conditions;

Delivery Window:

means in relation to each Delivery Order, the time slot during which the Delivery Order is to be fulfilled by or on behalf of Shutl, as set through the Shutl Platform, including the time the Package(s) need to be picked up by the Carrier from the relevant pick up location;

Exceptional Customer Service Processing Time:

means the time taken by Shutl to process failed Delivery Orders and other exceptional orders caused as a direct result of a breach by you of these Terms and Conditions;

Exceptional Processing Charges:

means additional costs incurred by Shutl due to (i) Exceptional Customer Service Processing Time resulting from failed Delivery Orders and (ii) other exceptional events caused through your fault including reasonable storage costs and disposal costs for failed deliveries, customs charges and Shutl’s costs arising from inaccurate Delivery Data;

FAQs:

means the Frequently Asked Questions covering rules of carriage applying to Delivery Orders available at: FAQs

Package:

means the item (s), appropriately packaged by you, to be transported from the collection address to the delivery address as specified by you in the Delivery Order;

Quotation:

means the quotation provided by Shutl to a Customer for a Delivery Order;

Shutl:

means Shutl Limited, company number 06612384 with registered address 5 New Street Square, London EC4A 3TW

Shutl Platform:

means the web platform used by Shutl to operate the Delivery Services at www.shutl.com or such other web sites as Shutl may operate for this purpose from time to time;

Terms and Conditions:

means these terms and conditions, a Quotation and all Delivery Orders;

Waiting Time Charges:

means any charges levied by the Carrier for time waiting either at pick up or delivery;

Working Day:

means any day that is not a public holiday in the UK or country of delivery (if different).

1.2

In these Terms and Conditions, the following terms have the same meanings as in the Data Protection Act 1998: personal data, process and processing.

1.3

In these Terms and Conditions unless it says otherwise, reference to including shall be treated as being by way of example and shall not limit the general applicability of any preceding words, reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation and reference to clause numbers or schedules shall be to those in these Terms and Conditions.

2. Registration and security

2.1

You must be 18 years old or over and must complete our checkout process in order to participate in our service.

2.2

We reserve the right to decline an order at our sole discretion, and we reserve the right to terminate your access to all or part of our services at any time without notice.

2.3

Many aspects of the Shutl Platform are open to casual users without setting up a User Account. If you choose to create a User Account, it is your responsibility to keep your User Account login and password secure. Do not use another’s User Account without their permission. You are solely responsible for the activity that occurs on your User Account. Notify us immediately of any security breach or unauthorised use of your User Account. We will not be liable for any losses to you caused by unauthorised use of your User Account, but you may be liable for our losses or the losses of others.

3. Delivery Order Process

3.1

All Delivery Orders must comply with our Rules of Carriage as detailed in our FAQs. If a Delivery Order does not comply with our Rules of Carriage then we may decline to deliver your Package, we may terminate or suspend your account with us and we may destroy or return your Package and charge you for our associated costs of this. You further hereby indemnify us and our Carriers for all costs incurred as a result of any non-compliance with our Rules of Carriage.

3.2

To create a Delivery Order, you must provide the necessary Delivery Data to Shutl online via the Shutl Platform or via another method where acceptable to Shutl at its discretion.

3.3

Shutl shall use the Delivery Data to process your requests, including, but not limited to, generating a list of Delivery Windows available for the Delivery Order, as well as a Quotation for the related Delivery Charges. Quotations will be valid for at least 15 minutes, after which you may need to re-submit the request along with the Delivery Data to obtain new Delivery Windows and a new quotation for the Delivery Charge.

3.4

To accept a Quotation, you must pay online the Charges for the Delivery Order. Payment may be made by debit, credit or charge card using our online payment provider. The debit, credit and charge cards accepted by us are those listed on the Shutl Platform. Shutl does not collect any financial or credit card information. You accept that our online payment provider will retain your Card details until the transaction has been completed in order to process any refund due to you, or any return charge, if the recipient is unavailable to accept the Package. Additionally, if you have a User Account, our online payment provider may store your Card details for your convenience to access for your future transactions.

3.5

We will confirm acceptance of your order by message after you have paid for your order. Order confirmation by Shutl creates a binding contract between you and Shutl. We will send you an email for feedback once the delivery has been completed.

3.6

It is your responsibility to package your items for delivery appropriately. Please refer to our FAQs for our packaging requirements. Shutl will not accept liability for damage or breakage caused by poor packing which contravenes these requirements. Further, Shutl will not accept for delivery items which in the opinion of Shutl's carrier are inappropriately packed, or disparate loose unpacked items. Deliveries rejected on this basis will not be eligible for refund.

3.7

Shutl may at any time inspect your Package(s) and refuse to deliver a Delivery Order if it considers that this would breach these Terms and Conditions.

4. Cancellation and Amendments to Delivery Orders

4.1

If you are a consumer, you have the statutory right to cancel your delivery within fourteen days of us confirming acceptance of your order unless the delivery begins sooner. Given the nature of the service that we offer some deliveries may begin immediately. Deliveries may be cancelled up until one hour prior to the start of the requested delivery window. To cancel please contact Shutl customer service on 0333 999 3126 quoting your order number.

4.2

Should you cancel or amend a Delivery Order, Shutl will make reasonable efforts to cancel or amend the Delivery with the Carrier. In the event that the Carrier charges Shutl for the amended or cancelled Delivery then you will be liable for that Charge(s). For the avoidance of doubt, a new additional Delivery Charge will apply for any rescheduled delivery.

4.3

Shutl reserves the right to cancel a Delivery Order. Where Shutl cancels a Delivery Order, other than where necessitated by fault of you or the recipient, Shutl will refund in full payment for the Delivery Order to the card used to make payment. Shutl will decide at its sole discretion where fault rests in the event of a Delivery Order cancelled by Shutl.

5. Waiting Time Charges, Additional Charges And Exceptional Processing Charges

5.1

Carriers will wait for a maximum of 10 minutes at both the pickup and the delivery address unless instructed otherwise by Shutl as appropriate. The first 10 minutes waiting at either end will be free of charge. Shutl Customer Service will attempt to contact you by telephone for authorisation to incur additional, chargeable wait time if necessary. In the event you cannot be contacted, you authorise Shutl to incur additional, chargeable wait time on your behalf as Shutl deems appropriate and you shall be liable to pay any waiting time charges levied by the Carrier which will be charged as outlined Section 5.4 below.

5.2

You recognise that Shutl's ability to provide the Delivery Services is dependent on the accuracy of the Delivery Data. You acknowledge that Shutl shall not be liable for any breach of this agreement caused by any inaccuracy in such data, and that you will be liable to pay for any Additional Charges arising as a result of such inaccurate data.

5.3

You shall be liable to pay Shutl Exceptional Processing Charges, where Shutl incurs additional costs due to Exceptional Customer Service Processing Time resulting from failed Delivery Orders and other exceptional events caused through your fault (including failure to provide the Package or to ensure a recipient is able to collect your Package or inaccurate Delivery Data). The charging of these charges shall be at Shutl’s sole discretion and shall be at a level as reasonably demonstrated to be a true representation of the costs incurred by Shutl.

5.4

You accept that our online payment provider will retain your card details until the transaction has been completed for use in the event that any of the Charges in Section 5 are levied and you authorise Shutl to charge your credit or debit card used to pay for the Delivery Charge for any additional Charges for which you are responsible under these Terms and Conditions and to process any refund due to you.

6. Undelivered or Unclaimed Packages

6.1

Your Delivery Order is deemed delivered upon receipt by Shutl of proof of delivery by signature in electronic or written form or by other evidence such as the Carrier’s confirmation of delivery. Where the Carrier is unable to effect delivery as requested by you, Shutl shall use its reasonable endeavours to notify you and the Consignee of any undelivered or unclaimed Package(s). Where a Package is returned to the Carrier, the charges for that return shall be at the customer’s sole cost and expense and shall be charged to the customer. Unless the Package is collected or instructions are given for its disposal within 7 days (or such other time as Shut may nominate) of notice being given, title to the Package shall transfer to Shutl and Shutl may destroy or sell the goods as if it were the absolute owner.

6.2

Shutl shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds left over shall be paid to the customer upon which Shutl shall be discharged from all liability in respect of the Package(s).

6.3

Shutl and its Carriers are under no obligation to provide any equipment or manpower required to collect or deliver your Delivery Order.

6.4

Shutl shall attempt to deliver your Delivery Order to an address specified in the Delivery Data but not to a specific recipient.

7. Refunds

7.1

Shutl does not automatically offer refunds for service delay or failures, but decides on any possible refund on a case by case basis following a review of the circumstances. All requests for refunds should be addressed to the Customer Service Manager at 0333 999 3126 who will authorise refunds at her/his discretion. Refunds may be partial or total depending on the severity of the failure and the inconvenience caused. Refunds will be made to the card used to make payment.

8. Marketing

8.1

You agree that Shutl has the right to market to you and/or notify you through email or whatever other means of updates, changes, etc to the service as well as any special offers or promotions offered by Shutl or any other affiliated services

9. Warranties

9.1

Shutl warrants that the Delivery Services will be provided with reasonable care and skill and that it will use commercially reasonable efforts to meet the Delivery Window for each Delivery Order.

9.2

Apart from the terms, conditions and warranties set out in these Terms and Conditions, no conditions, warranties or other terms apply to the Delivery Services.

9.3

You warrant that each Package you send via our Delivery Services:

(a) is appropriately packaged in accordance with these Terms and complies with the Rules of Carriage

(b) does not include Dangerous Goods;

(c) may be legally delivered to the recipient(s) to whom Shutl is asked to deliver it;

(d) complies with all legal obligations regarding the carriage and delivery of your Package and you hereby indemnify Shutl for all losses, costs, damages and expenses incurred for any breach of this warranty.

9.4

You further warrant that:

(a) the Delivery Data is correct; and

(b) you have sole and exclusive title to the contents of the Package and that you are entitled to have them delivered to the recipient.

10. Liability

10.1

Subject to clause 10.4 to 10.6, Shutl's total liability in relation to the Delivery Services (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited for damage to or loss of the Package or other physical property to £1,000 per Delivery Order (or the value of Package carried under that Delivery Order if less) provided the value is evidenced by the Customer).

10.2

You acknowledge that satisfying the delivery times agreed for each Delivery Order as part of the Delivery Services is dependent on a number of external factors some of which are beyond the control of Shutl. As such, provided Shutl uses reasonable efforts to meet Delivery Windows, it will not be liable to you (or to anyone else) for any late or failed deliveries. For the avoidance of doubt, time is not of the essence under these Terms and Conditions.

10.3

In the course of Shutl providing Delivery Services under these Terms and Conditions, Shutl will have access to personal data relating to you and the recipient. In respect of such personal data:

  1. 10.3.1

    Shutl will process the personal data only in accordance with these Terms and Conditions; and

  2. 10.3.2

    Shutl will take appropriate technical and organisational measures against unauthorised or unlawful disclosure, unauthorised or unlawful processing of the personal data, and accidental loss or destruction of, or damage to, the personal data.

10.4

Neither party's liability:

  1. 10.4.1

    for death or personal injury caused by its negligence or the negligence of its employees or agents;

  2. 10.4.2

    for fraudulent misrepresentation;

    10.4.3

    for anything else the liability for which it is not possible to exclude or limit under applicable law, is excluded or limited by these Terms and Conditions, even if any other term of these Terms and Conditions would otherwise suggest that this might be the case.

10.5

Subject to Clause 10.4, neither party shall be liable (whether for breach of contract, negligence or for any other reason) for any:

  1. 10.5.1

    economic loss of any nature including loss of profits and loss of business;

  2. 10.5.2

    loss of any hardware, software or data;

  3. 10.5.3

    loss or waste of management or staff time in each case whether direct or indirect but this does not limit or exclude the Customer’s liability to pay the Charges.

10.6

Subject to Clause 10.4, neither party shall be liable for any indirect, consequential or special loss.

10.7

Shutl shall not be liable to the Customer for any loss caused directly or indirectly by any breach by the Customer of these Terms and Conditions including the Rules of Carriage.

10.8

Shutl shall not be liable for any loss of or damage to a Package caused by latent or inherent defect or natural deterioration of the items.

10.9

Any claims for compensation must be directed to the Customer Services Manager, Shutl Ltd, Carlton House, 101 London Road, Chelmsford, Essex , CM2 0PP and must include proof of your Delivery Order and be made within 28 days of the date of the Delivery Order.

10.10

Customer acknowledges that the Charges have been priced by Shutl on the basis of its reliance on the limitations and exclusions of liability set out in these Terms and Conditions and that it would be uneconomical for it to provide the Services without such reliance.

11. Termination

11.1

Shutl may terminate these Terms and Conditions and suspend or terminate your account for any late payment of Charges.

11.2

Either party may terminate these Terms and Conditions on 30 days’ prior written notice.

12. Sub-contracting and Assigment

12.1

Shutl may assign, transfer or sub-contract its rights and obligations under these Terms and Conditions to any third party sub contractor provided it remains liable to the Customer for their performance. Any sub-contractor or agent of Shutl shall be entitled to rely on and enforce any of these Terms and Conditions as if it were a party to them in the place of Shutl Limited.

12.2

The Customer may not assign or transfer or sub contract its rights or obligations under these Terms and Conditions.

13. Miscellaneous

13.1

The delay or failure of either party to exercise its rights provided for in these Terms of Use shall not be deemed a waiver of any further rights hereunder.

13.2

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary to enable these Terms of Use to remain in full force and effect.

13.3

Shutl is not liable for any loss, damage or failure to perform or delay in performing any of its obligations due to circumstances beyond its reasonable control including but not limited to: fire, flood, Act of God, strike, lock out or other labour dispute, threat or act of terrorism, malicious damage, riot or civil commotion, accident, adverse weather conditions, mechanical breakdown, failure of Shutl’s telecoms and internet links and other utilities, war or other military action, severe weather conditions, earthquake, pandemic, embargo, compliance with any law or governmental order, rule, regulation or direction and electrical or magnetic damage to electronic or photographic images, data or recordings.

13.4

These Terms and Conditions set out the entire agreement between Shutl and Customer and supersede any prior or inconsistent agreements, negotiations, representations and promises in relation to the subjects covered by it and in particular shall take priority over (a) any existing arrangements between Shutl and Customer and (b) any other terms submitted by Customer (whether on a purchase order or otherwise). Subject to clause 10.4, no other representations or terms, whether oral or in writing, shall apply or form part of this agreement.

13.5

No term of these Terms and Conditions is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to them other than the terms which refer to Shutl’s Carriers which may be enforced by the Carriers.

13.6

No omission, forbearance or delay on the part of either of the parties to enforce fully any provision of these Terms and Conditions or any other right, power, privilege or remedy available to it shall be construed as a waiver of such provision, right, power, privilege or remedy or of a right thereafter to enforce the same or any other provision, right, power, privilege or remedy.

13.7

Each provision of these Terms and Conditions shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of these Terms and Conditions and the remainder of the provision in question shall continue in full force and effect.

13.8

These Terms and Conditions (and any non-contractual obligations arising out of in connection with them) shall be governed by and construed in accordance with the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.



Updated on 15 September 2014