Terms and Conditions

Terms and Conditions

By using or accessing this Website, placing an order and/or registering as a member of the Website the Customer agrees to be bound by the Conditions set out below. Should the Customer have any queries in relation to the Conditions, the Customer should contact the Company's customer service department on 01782 525300

The Conditions of Carriage shall apply to any Orders in addition to these Conditions. In the event of a conflict between the Conditions of Carriage and these Conditions, these Conditions shall take precedence.

1.1 The definitions and rules of interpretation in this condition apply in these conditions

"Company"
means Palletonline which is a division of Browns Distribution Services Limited with registered number 838986 and whose registered office is at Ravensdale, Tunstall, Stoke on Trent, ST6 4NU
"Conditions"
means these terms and conditions
"Conditions of Carriage"
means the Road Haulage Association Limited Conditions of Carriage 2009
"Consumer"
means an individual placing an Order for personal purposes
"Cookies"
means small text files which the Website places on the Customer's computer hard drive to store information about the Customer's session and to identify the Customer's computer
"Customer"
means any individual or company placing an Order, for avoidance of doubt this shall include Consumers
"Goods"
means the article or articles which form the subject of the Order
"Order"
means the order placed by the Customer on the Website and accepted by the Company in accordance with clause 4
"Order Specification"
means the Order particulars as provided by the Customer including but not limited to the collection and delivery addresses
"Pallet"
means the structure on which the Goods are loaded whose dimensions must not exceed a base of 1.22m by 1.00m, 2.20m in height and 1200kg in weight, unless the delivery will require a tail lift, in which case, the Pallet must not exceed 1000kg in weight
"Personal Information"
means the details provided by the Customer on registration
"United Kingdom"
means England, Wales, Scotland, Northern Ireland and the Channel Islands
 
"Users"
        means users of the Website collectively
 
"Website"
means the website located at www.palletonline.co.uk or any subsequent URL which may replace it

1.2 The Interpretation Act 1978 shall apply to these changes.

Use of the website

2.1 The Customer is provided with access to the Website in accordance with these Conditions and any Orders placed by the Customer must be placed strictly in accordance with these Conditions.

2.2 By placing an order through the Website, the Customer warrants that:

2.2.1 the Customer is legally capable of entering into binding contracts; and

2.2.2 the Customer is at least 18 years old; and

2.2.3 the Customer is resident in the United Kingdom; and

2.2.4 the Customer is placing any Orders from the United Kingdom; and

2.2.5 the details on the Order are complete and accurate.

2.3 The Customer warrants that the Personal Information provided when registering is true, accurate, current and complete in all respects and the Customer agrees to notify the Company immediately of any changes to the Personal Information by contacting the Company's customer service department on 01782 525300. In particular the Customer agrees not to impersonate any other person or entity or to use a false name or a name that the Customer is not authorised to use.

2.4 The Customer agrees fully to indemnify, defend and hold the Company, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by the Customer or any other liabilities arising out of the Customer's use of the Website, or the use by any other person accessing the Website using the Customer's log on details and/or Personal Information.

2.5 The Company reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) or to amend these Conditions with or without notice to the Customer and the Customer confirms that the Company shall not be liable to the Customer or any third party for any modification to or withdrawal of the Website and/or changes to the Conditions from time to time. The Customer's continued use of the Website (or any part thereof) following the changes shall be deemed to be the Customer's acceptance of such changes. It is the Customer's responsibility to check regularly to determine whether the Conditions have been changed. The Customer must immediately stop using the Website if it does not agree to any changes to the Conditions. If an Order has been accepted by the Company in accordance with clause 4.2 the Conditions that prevail are those prevailing as at the date of acceptance of the Order.

Privacy

3.1 The Company will treat all the Customer's Personal Information as confidential (although the Company reserves the right to disclose this information in the circumstances set out below). The Company will store the information on a secure server and will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.

3.2 To register on the Website, the Customer will be required to input Personal Information including but not limited to the Customer's name, e-mail address, billing address, delivery address, telephone number, credit card or other payment information and a password.

3.3 The Company may also collect information about the Customer's use of the internet (for example the originating URL and IP address), the Customer browser type, the pages of the Company's website that were viewed during the Customer's visit and any search terms that the Customer entered on the Website ("User Information"). This information may be collected even if the Customer does not register or place an order on the Website. The Customer should be aware that the Website is being monitored and may capture information about the Customer's visit that will help the Company improve the quality of its service.

3.4 The Company shall hold all Personal Information provided by the Customer and any User Information from which the Customer can be identified in accordance with Data Commissioner's Office registration pursuant to the Data Protection Act 1998 (the "Act"). The Company shall only use the Customer's information for the following purposes:

3.4.1 processing Orders;

3.4.2 for statistical or survey purposes to improve and administer the Website and its services;

3.4.3 to improve the services provided by the Company; and

3.4.4 for the Company's records.

3.5 The Company may collect information about a Customer's computer, including where available a Customer's IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about a Customer's browsing actions and patterns, and does not identify any individual.

For the same reason, the Company may obtain information about a Customer's general internet usage by using a Cookie file which is stored on a Customer's browser or the hard drive of a computer. Cookies contain information that is transferred to a Customer's computer's hard drive. It helps the Company to improve its Website and to deliver a better and more personalised service. Some of the Cookies the Customer uses are essential for the Website to operate. It enables the Company to:
• estimate the audience size and usage pattern;
• store information about a Customer's preferences, and to allow the Company to customise the Website according to individual interests;
• speed up a Customer's searches; and
• recognise a Customer when a Customer returns to the Website.

If a Customer registers with the Company or continues to use the Website, the Customer agrees to the Company's use of Cookies.
A Customer may block Cookies by activating the setting on a browser which allows the Customer to refuse the setting of all or some Cookies. However, if a Customer uses the browser settings to block all Cookies (including essential Cookies) a Customer may not be able to access all or part of the Website. Unless a Customer has adjusted the browser setting so that it will refuse Cookies, the Company's system will issue

Cookies as soon as a Customer visits the Website.

3.6 The Company may contact the Customer for any of the above purposes by telephone, e-mail or in writing. If the Customer does not wish to be contacted in this manner the Customer should notify the Company in writing at the address appearing at the end of this clause 3.

3.7 The Customer acknowledges that the Company is entitled to provide the Customer's Personal Information and/or User Information if so requested by the police or any other regulatory or government authority investigating suspected illegal activities. We may also disclose your Personal Information to third parties in the event that we sell or buy any business or assets, in which case the Company may disclose your Personal Information to the prospective seller or buyer of such business or assets.

3.8 Our Website may from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

3.9 The Act gives a Consumer the right to access information held about the Consumer. A Consumer's right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet the cost of the Company in providing a Consumer with details of the information the Company holds about the Consumer.

3.10 The Company tries to meet the highest standards when collecting and using Personal Information. For this reason, the Company takes any complaints it receives about this very seriously. The Company encourages people to bring to its attention if they think that the Company's collection or use of information is unfair, misleading or inappropriate. The Company would welcome any suggestions for improving its procedures. This privacy notice is drafted with brevity and clarity in mind. It does not provide exhaustive details of all aspects of the collection and use of Personal Information. However, the Company is happy to provide any additional information or explanation needed. Any requests for this should be sent to the address below.

3.11 Questions, comments and requests regarding this privacy policy are welcomed and should be sent to Human Resources at Palletonline, Ravensdale, Tunstall, Stoke-on-Trent ST6 4NU.

Orders

4.1 The Customer will be guided through the process of placing an Order by a series of simple instructions on the Website. The Company will then send the Customer an Order acknowledgement e-mail. This is not an Order confirmation or Order acceptance from the Company.

4.2 The Customer is directed to the pallet size guide on the Website, upon which the price of an Order is based, namely:

4.2.1 ¼ pallet: maximum weight of 250 kg and a maximum height of 600 mm;

4.2.2 ½ pallet: maximum weight of 500 kg and a maximum height of 1000 mm;

4.2.3 full pallet: maximum weight of 1200 kg and a maximum height of 2200 mm.

In all cases the maximum height includes the height of the pallet.

4.3 If a Customer wishes to have increased insurance cover in excess of £1,250 per tonne the Customer should request details of special insurance terms to increase the cover to £5,000 per tonne. This will be subject to an additional charge.

4.4 The Order is not accepted by the Company and there arises no contract between the Customer and the Company until the Company sends the Customer an Order confirmation e-mail.

4.5 In the event that there are any changes to the Company's prices once an order has been confirmed, the Company will contact the Customer to advise of any such change and enquire as to whether the Customer wishes to proceed with the Order. Should the Customer wish to proceed with the Order, this shall be considered to be a new Order and shall not be accepted by the Company until a confirmation e-mail has been sent to the Customer as detailed at clause 4.3.

4.6 The Company will take reasonable care to keep the Customer's Order and payment details secure in accordance with the provisions of the Data Protection Act 1998, but in the absence of negligence on the Company's part the Company shall not be held liable for any loss the Customer may suffer if a third party procures unauthorised access to any Customer data provided when accessing or ordering from the Website.

4.7 The Company will take reasonable care to ensure that all details, descriptions and prices appearing on the Website are correct and as up to date as possible. However the Customer should be aware that the information appearing on the Website at a particular time may not always reflect the position exactly at the moment an Order is placed.

4.8 All Orders are subject to availability and coverage and the Company reserves the right to reject any Order, in which case it will refund any payments made by the Customer.

Payment

5.1 Unless you have been provided with a credit facility, in accordance with clause 5.2, the Customer must pay the full value of the Order before it is processed by the Company.

5.2 The Customer can register online to open an account and apply for a credit facility. Alternatively, a Customer may approach the Company direct and request credit terms. In both cases the Company has an absolute discretion as to whether it wishes to provide a credit facility and will advise the Customer accordingly.

5.3 Once a credit facility has been provided the Customer must comply in full with the terms of such credit. If there is any breach of the facility it will be strictly withdrawn, and the Company reserves the right to suspend the processing of any outstanding Orders.

5.4 The Company does not process payments for Orders itself. Lloyds TSB are the Company's merchant and all payments for Orders must be processed via an online payment system. Payment can be made by most major credit and debit cards via Sage Pay or by using PayPal.  Any other payments for additional charges shall be made to the Company itself by calling the Company's customer service department on 01782 525300.

5.5 In the event that there are additional charges on the Order, for example, due to a change of Customer instructions, the Company will understand that the additional charges are acceptable to the Customer. If the Order has been completed and the Customer has failed to pay these additional charges the Company reserves the right to collect the additional charges from the credit or debit card used to make the payment for the Order.

Delivery and collection

6.1 Goods will be collected from the address detailed on the Order Specification. Should the Goods need to be collected from a different location this should be notified to the Company as soon as possible. In these circumstances the Company reserves the right to charge an additional fee. It is the Customer's responsibility to contact the Company to determine what the additional charge will be.

6.2 It is the Customer's responsibility to ensure the Goods are ready and adequately packaged for collection. Goods must be well labelled and packaged to ensure safe handling and transportation. In the event that the Goods are not ready for collection, the driver may, at his discretion, wait for the Goods. Should the driver decide not to wait for the Goods this collection shall be classified as failed, as defined at clause 6.5, and the Customer will be required to pay additional charges.

6.3 It is the Customer's responsibility to ensure access to the collection and delivery addresses and inform the Company of any potential issues that may arise while accessing the collection and delivery addresses. The Customer will indemnify the Company against any loss, costs, damages or claims ("the Costs") arising out of any difficulties accessing the addresses, save to the extent that the Costs arise due to the Company's negligence.

6.4 Upon delivery the Goods will be off loaded and moved to a location not more than 3 metres from the delivery vehicle. The Company shall not be liable to move the Goods further than the front door of any premises, and shall not be liable to enter any premises, or carry the Goods up any stairs.

6.5 In the event that an attempt has been made at delivery or collection and the location is unattended, the driver will wait for a period of 15 minutes, after which the driver will attempt to contact the Customer on the number provided. Drivers are only permitted to wait for a further period of 15 minutes before classifying the delivery or collection as failed. There will be additional charges for each failed delivery or collection.

6.6 It is the Customer's responsibility to notify the Company of the need for a tail lift. In the event that a delivery or collection requires a tail lift, the Goods must not exceed 1000kgs in weight per Pallet. If the Goods do exceed 1000kgs in weight, the delivery or collection will not be made, and the Customer may be required to pay additional charges.

6.7 If a delivery or collection has failed, it is the Customer's responsibility to contact the Company to arrange another delivery or collection. In the event of an attempted collection, or an arranged re-delivery, the Customer will be subject to a 50% charge based upon the value of the original Order. This sum will need to be paid to the Company prior to any re-collection or re-delivery.

6.8 A customer will only be allowed 2 failed collections. If the Goods have not been successfully collected after this, the Company will cancel the Order and issue a partial refund, such refund calculated to take into account the charges for each failed collection.

6.9 Any failed deliveries will incur additional charges however the Company reserves the right to increase the additional charge for each subsequent failed delivery.

6.10 The Customer shall be liable to pay the Company a handling fee at a daily rate of £5.00 following the first failed delivery. For the purpose of this clause a failed delivery shall include the Customer changing the delivery date.

6.11 It is the Customer's responsibility to ensure that there is an authorised person at the delivery location to sign for the Goods. The absence or discrepancy in a signed delivery note shall not entitle the Customer to withhold any monies due to the Company.

6.12 In the event that a delivery or collection date is changed within 2 days of the actual delivery or collection date, the Customer will incur an additional charge.

6.13 The Company will make every effort to complete the Order on time but there may be delays due to circumstances beyond the control of the Company. In that case the Company will contact the Customer and agree an alternative date for completion of the Order as soon as is reasonably possible. Unless negligent the Company shall not be liable for any loss, damage or expenses arising from any delay in delivery from any cause whatsoever.

Unsuitable goods

7.1 The Company will not carry and the Customer shall not cause the Company to carry cash, currency, money orders, bonds, uncancelled postage or revenue stamps, travellers cheques, vouchers, jewellery, precious stones and/or other valuables, framed items, memorabilia, antiques, furs or other valuables, livestock, fire arms, narcotics, works of art, precious metals, perishable goods, proscribed or dangerous items, pornographic, obscene, racist or libellous items, material designed to incite hatred, prohibited publications of all kinds and all items where possession or transportation by road, land or sea is prohibited by law.

7.2 The Customer shall not cause the Company to carry any materials generally considered hazardous by virtue of their volatility, explosivity or the potential to cause harm to other consignments, property, human health or the environment.

7.3 The Customer shall indemnify and keep indemnified the Company against all costs, losses, expenses, liabilities, direct, indirect or consequential loss (which terms include pure economic loss, loss of profits, loss of business, depletion of goodwill, and like loss) damages, claims, demands, proceeding or legal costs and judgements whatsoever arising out of the carriage or delivery of any dangerous Goods (whether declared as such or not and whether or not arising out of the non-compliance by the Customer with these Conditions).

7.4 The Company may at any time at the Customer's sole risk and expense return the whole or part of any Goods believed by the Company to be dangerous or destroy or otherwise dispose of the whole or part thereof if the Company considers it necessary or advisable to do so.

Cancellation

8. Consumers are entitled to cancel orders by advising the Company in writing within seven working days of the Company sending the Order confirmation e-mail.

Intellectual Property and right to use

9.1 The Customer acknowledges and agrees that all copyright, trademarks, logos and service marks (where applicable) and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in the Company as its licensors. The Customer is permitted to use this material only as expressly authorised by the Company.

9.2 The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, permanently store, reproduce, transmit, retransmit, publish, display, distribute, modify, commercially exploit or create derivative works of such material and content.

Compliance with laws

10.1 The Website may be used only for lawful purposes and in a lawful manner. The Customer agrees to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

10.2 In the circumstance that the Customer does not own the Goods the Customer hereby warrants that it is acting as the lawful agent of the owner in placing the Order. The Company shall not be liable for and the Customer hereby indemnifies the Company against all costs howsoever arising including any direct, indirect or consequential loss, damages and claims arising out of the Customer not being legal owner of the Goods.

Disclaimers

11.1 The Company shall have no liability for:

11.1.1 any Goods which after delivery have been subjected to any incorrect handling or storage or suffered any misuse, neglect or accident; or

11.1.2 any discrepancy which results from any inaccurate or incomplete information, details or materials supplied by or on behalf of the Customer.

11.2 While the Company will use reasonable endeavours to verify the accuracy of any information the Company place on the Website, the Company makes no warranties, whether express or implied in relation to its accuracy. The Website and its contents are provided on an "as is" and "as available" basis and the Company make no, and expressly disclaim, all representations, endorsements or warranties of any kind whether express or implied, in relation to the Website, or the information, content, materials or products included in it or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. The Company does not represent or warrant that any advice, opinion or information, accessible or transmitted to the Customer via the Website or email communications is accurate, complete, current, error free or free from viruses.

11.3 The Company accepts no liability for any unauthorised access to, or any alteration, theft or destruction of information or data.

Extent of liability

12.1 The Customer shall be liable for arranging adequate insurance for the Goods.

12.2 Nothing in these Conditions shall limit or exclude the Company's liability for :

12.2.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

12.2.2 fraud or fraudulent misrepresentation; or

12.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession)

12.3 Subject to clause 12.2:

12.3.1 the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of income or revenue, loss of business, loss of anticipated savings or any indirect consequential loss arising under or in connection with an Order; and

12.3.2 the Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Order, save for physical loss, mis-delivery of or damage to Goods where the provisions of section 11(1) of the Conditions of Carriage apply.

12.4 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

12.5 When the Customer is a Consumer the Consumer acknowledges that the provision of the Order is for domestic and private use. The Consumer agrees not to use the benefit of the Order for any commercial, business or re-sale purpose, and in the circumstances, the Customer acknowledges that the limitation of liability set out in clause 12.3 is fair and reasonable.

12.6 All claims are subject to a minimum threshold of £50.

12.7 This clause 12 shall survive termination of the Order.

Consumers

13. Nothing in these Conditions shall affect the statutory rights of a Consumer.

Severance

14. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

15. No waiver by the Company shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

16. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

17. These Conditions govern the entire relationship between the Company and the Customer. The Customer (but not a Consumer) in accepting these Conditions has not relied on any representations made by the Company or its agents save insofar as the same has expressly been made a term of these Conditions. When an Order is entered into by a Consumer the Consumer acknowledges that it must carefully consider the terms of the Order as the Company will only accept responsibility for statements and representations made in writing by authorised employees and agents of the Company.

Statutory rights

18. The Customer's statutory rights are not affected by these Conditions. Nothing in this Clause shall limit or exclude the Company's liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

19. The Conditions shall be governed by and construed in accordance with the laws of England and the Customer irrevocably submits to the exclusive jurisdiction of the courts of England.

Third party rights

20. These Conditions do not confer any right enforceable by any third party under or in connection with the use of the Website or any order made through the Website.