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Terms and Conditions

1. Introduction

The Terms & Conditions apply to the access to and use of the Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the Site. Using the Site indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, please do not use the Site. 

These Terms & Conditions are effective as of 1st of November 2016. The Terms were last updated on 26 January 2013. We may revise the Conditions at any time by updating this posting. You should check the Site from time to time to review the current version.

 

1.1 Definitions Used

  • Additional Compensation / Compensation Cover: This is Transit cover that provides cover against Loss and/or Damage. This cover does not apply to goods present on the Restricted and/or Prohibited list and any premium paid for cover on items which are on these lists is not refundable in the event of loss or damage.

  • Article: means any article which is not a Prohibited Article and 'Articles' shall be construed accordingly.

  • Authorized Location: means a location listed on the Company’s Website where a Customer/Consignor can drop off a Parcel and Consignee can collect a Parcel.

  • Carrier/Third Party: Our carrier partners, including Parcelforce, DHL, Collect+ and others.

  • Charges: All charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, Customs duties, levies, Insurance premiums and any other amounts properly chargeable by TTK Europe to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s) and any other amounts payable under these terms.

  • Company/We/Us/Our/Ourselves: means TTK Europe Ltd (Company No. 09922672) whose registered office is at Unit 1 Clayton Court, 5 Welcomb Street, Manchester, M11 2NB, and includes the Company’s servants, agents, and any person or persons carrying goods under the contract with the Company.

  • Consignee/Receiver: The person who is receiving the parcel/consignment sent through TTK Europe

  • Consignment: A group of parcels sent through our service.

  • Contract: The agreement between the Customer and Parcel for provision of services.

  • Correctly Packaged: means a Parcel that is packaged in accordance with the Company’s specifications as set out on the Company’s Website.

  • Customer/Sender/User: The party who contracts with TTK Europe to arrange collection and delivery of a parcel/consignment and who is responsible for payment of all Charges associated with delivery.

  • Delivery Service: means the collection by the Company of the Parcel from the Relevant Collection Point and the delivery of the Parcel to the Relevant Delivery Point.

  • Driver release areas: means that the carrier deems this a ‘safe‘ area and parcels can be left at the door without a signature. This only applies to certain services to certain areas.

  • Economy Service: means the Company’s economy service as detailed on the Company’s Website and includes the Delivery Service, Track and Trace Service and Compensation.

  • Member: means a person who has Registered on the site (and "Membership" means the status of being a Member);

  • Optional Services: means the Proof of Delivery Service and/or Additional Compensation.

  • Order: means a Customer’s request for Services or a Customer’s request for Services and Optional Services;

  • Parcel: Individual boxed item that has a single carrier label.

  • Prohibited Article: means those articles listed in Clauses 15.

  • Services: means the Economy and Standard Services and where purchased by the Customer, the Optional Services.

  • Shipping Label/AirWay Bill/Commercial Invoice: means a label that the Customer has printed off from the Company’s Website, which includes details of the Consignee plus a barcode to identify the Parcel. / The documentation placed on/with the parcel.

  • Standard Service: means the Company’s standard service as detailed on the Company’s Website and includes the Delivery Service, Track and Trace Service and Compensation.

  • Terms: means these Terms and Conditions.

  • The Company Website: means http://www.ttkeu.com.

a. The relevant collection point: means the Authorized Location where the Customer/Consignor drops off the Parcel;

b. The relevant delivery point: means the address to which any parcel/Consignment is to be delivered by our carriers.

c. Track and Trace Service: means a facility which enables a Customer to track the location of a Parcel at any given time.

d. Working Day: Monday to Friday within the UK, excluding public and bank holidays.

e. Working Hours: From 9:30am to 5:30pm on a Working Day.

f. Access of Website

Whilst we endeavor to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.

Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.

 

2. Content

Whilst we endeavor to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.

The contents of the Site are provided ‘as is‘, and we provide no warranties in respect of such contents.

You are prohibited from posting or transmitting to or from the Site any material:

- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; 

- for which you have not obtained all necessary licenses and/or approvals;

 

- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or 

- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Site (including, without limitation, by hacking).

We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.

 

3. License

You are permitted to view, print and download extracts from the Site for your own use on the basis that:

- no documents or related graphics on the Site are modified in any way;

- no graphics on the Site are used separately from the corresponding text; and

- our copyright notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Site is prohibited, and if you breach this clause, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.

No part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

 

4. Our contract with you

These are the Terms which together with the Privacy Policy are the basis on which we supply the Services to you.

Please ensure that you read these Terms and the Privacy Policy carefully, and check that the details on the Order are complete and accurate, before you submit the Order.

We intend to rely on the Terms, the Privacy Policy and the Order.

In the event that You make a mistake in submitting information to Us, or You have any queries, concerns or complaints with regard to 0ur provision of the services to You, then please contact our customer support Team at info@ttkeurope.com, or call 0044(0)1612232300.

When you submit the order to Us, We have not accepted your order for Services. Our acceptance of the order will take place on us providing you email confirmation of your order. We shall then become contractually bound to supply the Services to you and these Terms will become binding on both you and us.

If there is conflict between the Terms, the Privacy Policy and the Order, the Order will take priority, then the Terms and then the Privacy Policy.

We shall assign a parcel reference number to your order which we shall inform you of when we confirm the Order. Please quote the parcel reference number in all subsequent correspondence with us relating to the Order.

 

5. Order Process

You may place an Order for Services by:

(a) completing the requisite information on the Company's Website;

(b) submitting your credit or debit card details for payment of the Charges.

We shall confirm Your Order by:

(a) sending You email confirmation of the order together with a parcel reference number; and

(b) providing You with a confirmation screen on the Company's Website.

You must complete the Order by:

(a) printing the label which can be downloaded from the confirmation screen or from the confirmation email;

(b) ensuring that the parcel is correctly packaged and addressed to a valid billing address;

(c) ensuring that the parcel complies with the weight and dimensions specified on the Company's Website

(d) attaching the label securely to the parcel;

(c) dropping the parcel at the relevant collection point.

We are not able to supply you with the services unless you have complied with the requirements of Clause 6 above.

You must complete your order within 28 days of receipt of email confirmation of the order as labels shall expire after that date.

You may make a change to the order within 28 days from receipt of email confirmation by contacting our customer services department, provided that we have not supplied the services to you. Where this means a change in the Charges, or there is an additional cost in changing the order, we will notify you of the amended price in writing.

You can choose to cancel the Order within 28 working days from receipt of email confirmation provided that we have not supplied the services to you.

 

6. Sub-Contractors 

You agree that we may use another carrier in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.

 

7. Collections and Deliveries

In the event that the Relevant Carrier is unable to collect the Consignment or any part thereof, the Relevant Carrier will either leave details of the attempted Collection at the Relevant Collection Point or update the tracking information on the website to show the attempted collection. All re-bookings of collections must be made direct with TTK Europe's customer support team. Please note that any collection that has been missed by fault of the customer may incur a surcharge that is payable by the customer prior to the order being re-booked with the courier.

If the goods are not ready for collection by the Carrier at the place and time agreed, a charge for 'Nothing to Collect' will be made. A surcharge of £5.00 will be applied if there is 'Nothing to Collect'.

For any of our Same Day Collection/Delivery services - waiting tine will be charged in 1 minute increments after the first 15 minutes at £2 per minute. This is a charge that the carriers levy on TTK Express and so it has to be passed on to the sender.

Dependant on the service and courier selected they will make one attempt to deliver a Consignment during normal working hours. If the relevant carrier cannot obtain a receipt at the relevant delivery point it may attempt to deliver and obtain an appropriate receipt at an address close to the relevant delivery point and, if successful, will leave at the relevant delivery point details of the address at which delivery has been effected. 

If the Consignment has not been delivered, the Carrier will return it to their warehouses, after leaving at the relevant delivery point a request for the consignee to contact the Carrier to make alternative delivery arrangements. If no such contact is made within a reasonable time-frame the Carrier will either retain the Consignment or return the parcel and the customer will be liable for any additional charges that may be incurred.

The automated system books the collection as per the customer's request. Please note that collection date & time is not guaranteed on any service. Collection will be made at anytime between 08:00-18:00 Monday-Friday (excluding Bank Holidays). Saturday collections are available on most services at an extra cost.

A receipt must always be obtained on collection of your consignment from the carrier. No claim can be made if a collection receipt has not been obtained as there is no proof that the carrier has collected the parcel.

Please note that most of our services require a Barcoded label & Printed Address Label to be printed out and attached to the parcel. Manual paperwork (including handwritten address labels) must not be used.

On the advised services the driver will leave a Waybill document that you may have to complete with the 'to' and 'from' address details.

It is the customer's responsibility to ensure that all the details are correctly completed and displayed on the correct parcel and no claim or reduction will be made if the parcel is sent and the details were incorrect or placed on the incorrect parcel. It is not the driver's responsibility to check this information, so please ensure this is checked before he leaves.

Shipments to and from remote areas nationally and internationally on all services may be subject to delay and possible service downgrade. No refund can be given in these circumstances.

 

8. International Carriage & Customs

In the case of services where the Company is required to collect goods from or deliver goods to a country outside the United Kingdom the Company's liability is governed by the relevant provisions of the Convention on the Contract for the International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as such Schedule may be amended from time to time) ("the CMR Regulations") and in particular Articles 21 and onwards, which provisions will be incorporated into this Agreement and will apply in place of any inconsistent terms above written. A copy of such provisions will be supplied if required at a charge of £20 to cover administration fees.

Documents up to 1.5Kg do not need a commercial invoice to any destination. These should be declared as zero value. If an incorrect value is entered, TTK Express cannot be held responsible for any charges that may apply. Consignment(s) that exceed the value of £4,699 may be delayed as they will require further documentation for clearance. TTK Express do not advise sending any consignment over £2500 as no additional Transit Cover can be offered over this value.

You are pre paying for the postage charges of your consignment(s) only. TTK Europe has no control over any customs queries or charges that may arise. It is the Customers responsibility to check whether there are taxes, duties or other customs charges for your consignment. You can do this by speaking to the Consulate of the destination country. 

In the event of a parcel being returned to the sender from outside the UK then the charge will be the appropriate import rate for the consignment. This is likely to be higher than the price paid to export the goods. The sender is also liable for this charge.

 

9. Charges / Payment

(a) If you are a business customer with a business account then:

- You shall make payment to us within 7 days of the relevant invoice being issued to you;

- Without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then current Bank of England’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; 

- You shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you. 

(b) If you are not a business customer with a business account you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order. 

(c) Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.

(d) All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax which shall be added to the total sum payable to be repaid by you. 

(e) From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once, with one order. 

(f) In the event that you use the same discount code with more than one order, we may, at our absolute discretion: 

- cease trading with you and/or your business; and/or 

- remove your ability to place orders with us; and/or 

- intercept your Consignment(s) and re-direct it to our depot in Bolton. An administration charge of £15.00 per Consignment is applicable, should you wish for the Consignment(s) to be re-shipped and/or collected.

 

10. Credit Card Security & WorldPay

All our credit and debit card transactions are handled by secure merchant services online. We use merchant services with Worldpay®.

Your purchase is subject to the merchant service's terms and conditions. Please make yourself aware of how the merchant service operates prior to completing your purchase. Terms and Conditions for payments made by Worldpay® can be found at www.worldpay.com/uk/terms-conditions

Upon completion of your purchase, the merchant service will electronically supply us with your payment and shipping details.

Merchant services (Worldpay) accept multiple currencies. However we require that all payments are made in GBP (Sterling). Payments made to the merchant service other than in GBP (Sterling) are subject to currency conversions at the appropriate exchange rate.

We do not store debit/credit card details.

 

11. PrePay

No one likes being slowed down, especially when it’s not necessary. So how can you ensure that when you book a parcel, you’re not being slowed down by the payment process?

The answer: PrePay.

PrePay is a service that allows you to add funds to your TTK Europe account before you book. That way, you don’t have to enter all your payment details each time you book — instead, you can just click ‘Pay with PrePay’, and you’re done!

Top up your PrePay for faster payments today.

 

12. Parcel Criteria

(a) All parcels must be correctly packaged and have a label attached.

(b) Parcels’ weight and dimensions should not exceed the relevant standards, which depend on the regulation of TTK Express and also the regulation of the sub-contractors you choose.

(c) We reserve the right to reject a parcel if the parcel exceeds the weight or dimensions stated or there is not a valid label attached.

 

13. Articles not carried

(a) We shall not be required or caused to carry or convey anything if such carriage or conveyance would be unlawful.

(b) We shall not carry gases, pyrotechnics, arms and ammunition or corrosive, toxic, flammable, explosive, oxidising or radioactive materials or any other noxious, dangerous or hazardous goods or goods likely to cause damage. Neither shall we carry human remains, including funerary items such as urns and ashes or animal remains including taxidermy or ashes.

(c) We shall not, without specific written agreement, carry works of art, artwork, musical instruments, ceramics, deeds, securities, vouchers, money, prescribed drugs, precious metals, livestock, liquids, foodstuffs, perishable goods, glass, bullion, coins, precious stones, fossils, stoneware, resin items, amber, composites, valuable jewellery, valuable antiques or plants or plant seeds or derivatives.

(d) Should you or the consignor nevertheless (whether knowingly or unknowingly) drop off prohibited articles in a parcel to the relevant collection point or cause us or our contractors to handle prohibited articles otherwise than under special arrangements previously made in writing, we shall be under no liability whatsoever in connection with the parcel however arising and you shall be liable for any and all loss or damage caused by, or in connection with the articles however arising and shall indemnify us against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the articles may be destroyed or otherwise dealt with at our sole discretion or by any other person in whose custody they may be at the relevant time.

(e) we reserve the right to reject a parcel that contains a prohibited article.

 

14. Surcharges

(a) International Surcharges

There are currently no international surcharges. However, any change to this situation will be notified on this page with at least 14 days’ notice.

(b) Fuel Surcharges

A fuel surcharge for contract parcel products will be specified in the contract. A fuel surcharge of 3% is applied on the product price after any discounts or commissions, and before VAT. We will communicate any fuel surcharge rate changes 30 days in advance. Fuel surcharges will not apply to non-contract business and consumer parcel services.

 

15. Our liability

YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.

15.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below. 

15.2 Nothing in this Agreement shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence; 

(b) fraud or fraudulent misrepresentation. 

15.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows: 

(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you; 

(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement; 

(c) It is not possible for us to obtain cover which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such cover would be much cheaper if taken out by you (rather than us taking out such cover and passing the cost on to you) and on that basis, it is more appropriate for you to take out such cover, though you are able to purchase increased extra compensation from us for your Consignment, during the ordering process; 

(d) We wish to keep the costs of providing the Service(s) to you as low as possible; 

(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 17.5; 

(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable); 

(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly. 

The Extent of our Liability 

15.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 10, 17, 19 and clause 20; 

15.5 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

15.6 We shall not be liable to you: 

a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and weights and the actual dimensions and weights.

b) in any circumstances in respect of the items on the Prohibited items; Special Provisions items and No Compensation items lists, unless otherwise stated by us. 

The Limitation on the Amount of our Liability 

15.7 If we are liable to you for any reason, we shall only be liable to you up to the amounts in the circumstances which was written in clause 19. 

15.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, and without affecting clause 17.5, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.

15.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. For the avoidance of any doubt, we shall be responsible for the cost of recovery of the Consignment.

15.10 If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment. 

Special Provisions 

15.11 (a) We shall not, in any circumstances, be liable to you for any damage caused arising directly or indirectly as a result of any of the Excepted Risks. 

(b) If at any time we are prevented or delayed from starting, carrying out or completing any of the Services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of our vehicles, we shall use our best endeavours to provide a replacement vehicle with the minimum delay practicable.

(c) We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labelling of a Consignment and you agree to be responsible for ensuring that such labelling is clear and unambiguous. 

Your Default 

15.12 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”): 

(a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations; 

(b) we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and 

(c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.

 

16. Customer's Obligations

16.1 You agree to: 

(a) ensure that the information you supply in the Order Schedule is complete and accurate; 

(b) co-operate with us in all matters relating to our provision of the Service(s); 

(c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to us ; 

(d) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects. 

16.2 You agree that we shall not be required, and that you shall not cause us, to carry anything if it would be illegal or unlawful for us to do so (either in the UK or any country to which a Consignment is to be delivered). You agree that should you do this, you will indemnify us against any losses and/or damage that we may suffer as a consequence. 

16.3 We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition we will not carry any items which are on our prohibited list above.

16.4 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.

16.5 You understand that: 

(a) All Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. This clause 18.5(a) shall not apply where such receipt is obtained as a result of fraud, collusion or dishonesty on the part of our driver. 

(b) If there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.

 

17. Damaged / Lost Claims

The customer remains responsible for ensuring packaging is adequate for transportation. All items must be packed in a double walled box which is securely fastened with further padding surrounding the item making the item unable to touch the sides of the cardboard box or move whilst in transit. In addition the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a consignment that is inadequately packaged.

Items not boxed or sufficiently packed are excluded from our services and could be subject to delay / return / held for collection by the customer. Such goods could also be discarded if:

- they are damaged to such an extent such as smashed glass, or cause a concern in regards to health and safety regulations.

- if goods have been held for collection by customer and the time limit advised has been exceeded. Please be aware in such a circumstance, the customer will be aware that collection of said goods must be arranged by a certain date or the goods may incur storage charges, and finally discarded at a cost payable by the sender.

In the event of claims for damage the Customer shall provide to TTK Express within 3 calendar days of the delivery being made photographs of internal / external packaging used and of the damaged item; a quotation for repair costs and a proof of value for the damaged item showing the item and the cost paid / sold for. In the event that a damaged item cannot be repaired, the Customer must provide written proof of this from a relevant specialist before ttkeu.com can consider the full claim amount.

In order for a customer to make a claim for a damaged parcel and / or contents - it is of paramount importance that the parcel is signed for as 'DAMAGED' otherwise any claim for damage will be refused. It is therefore the customers / recipients responsibility to check the contents of the parcel upon delivery to ensure there is no damage. If the recipient signs for a parcel in 'GOOD CONDITION' or 'UNCHECKED' then no claim for damage will be accepted under any circumstances, regardless of any tracking information entered or advise directly from the courier. It is the customer's responsibility to inform the recipient of these terms and conditions also.

A lost claim can only be processed once the carrier has made extensive searches and deems the goods as lost. This process can take up to 40 working days to be completed.

The claims process is aimed to be resolved within 28 working days of notification and all decisions are made at the sole discretion of TTK Express and / or the relevant carrier. Please allow though up to 60 working days for a resolution. 

The documents required to be submitted with your claim are listed below:

Loss - Collection paperwork as left by the driver at the point of collection, proof of value showing the item and the cost of that item (website screen prints, addresses, or similar item prices will not be accepted as a proof of value and if such submitted the claim will be rejected), proof of loss from the receiver and signed advising no goods received with them or any of their neighbours.

TTK Express reserves the right to reject or refuse any claim if any of the terms above have not been met.

 

18. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.

An event outside our control means any act or event beyond our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks which prevents Us from supplying the services to You.

If an event outside our control takes place:

We will contact you as soon as reasonably possible to notify you; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our control. Where the event outside our control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the event outside our control is over.

No Refund can be given for a delayed service for any of the above caused.

 

19. Refunds

We shall only offer you a refund of the Charges if:

You cancel the order within 28 working days of receipt of email confirmation of the order and we have not yet supplied the Services; or

We cancel the order if there is an event outside our control (clause 20).

We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via Email or by written notice to Unit 1 Clayton Court, 5 Welcomb Street, Manchester, M11 2NB within: 

(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment; 

(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.

We shall not offer you a refund of the Charges where:

We are not able to supply the services to you because you do not complete the Order (Clause 7); or

You do not complete the order within 28 days from receipt of email confirmation of the order (Clause 7); or

We reject a parcel because it does not comply with size and weight criteria specified at Clause 15 or does not have a label attached; or

We reject a parcel because it contains a prohibited article (Clause 15); or

We reject the parcel because you are not the owner of the parcel or are not authorized by the owner of the Parcel to send it.

Please note - Money deposited into the prepaid account as 'Account Funds' can only be used on the TTK Express Europe website and cannot be withdrawn or redeemed at any point since TTK Express Europe periodically promotes its services by offering free virtual funds or money that to be added into customers' prepaid account. All deposits or money paid into 'Account Funds' must be used within twelve calendar months of date of deposit otherwise the balance will expire. 'Account Funds' can only be used towards parcel deliveries on the TTK Express Europe website.

 

20. Variation

No variation, extension or cancellation of the expressed terms of this Agreement shall be binding upon the Company unless and until it is confirmed in writing under the hand of a Director of the Company and, for the avoidance of doubt, it is declared that no person other than such Director has authority to negotiate or enter into any commitment on behalf of the Company the effect of which would or might (but for this present clause) involve the Company in any legal liability whatsoever.

 

21. Termination

This Agreement may be terminated by either party giving to the other one month’s written notice of its desire to terminate this Agreement. This Agreement may also be terminated immediately if the other party breaches any of its obligations under this Agreement or (in the case of an individual) becomes bankrupt or (in the case of a company) goes into liquidation other than for the purposes of reconstruction or amalgamation, or has an administrator or receiver appointed over any of its or his property or income or make any deed or arrangements with or for the benefit of his or its creditors. 

On termination of this Agreement for any reason: 

(a) you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Service(s) supplied where the Consignment has been delivered but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt;

(b) in respect of a Consignment which has already been paid for and which has been received but not yet delivered, then we shall deliver such Consignment in accordance with the terms of this Agreement; 

(c) in respect of a Consignment which has not been paid for but which we have received but not delivered, we shall return the Consignment to you. 

(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and 

(e) clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

22. Applicable Law

These Terms shall be construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any matters arising out of a contract incorporating these Terms.

 

23. Company Details

Company's registration name:

TTK Europe Ltd.

Registered office address:

Unit 1 Clayton Court

5 Welcomb Street

Manchester

M11 2NB

United Kingdom

Contact:

Tel.: +44 (0) 161 2232300

Email: info@ttkeurope.com