Terms and Conditions
1. ABOUT US1.1 LINETEN LIMITED (company number 06834644) is a company registered in England and Wales and our registered office is at 1st Floor Sackville House, 143-149 Fenchurch Street, London, England, EC3M 6BN (we and us).
1.2 We operate the website lineten.com (the site). Please note: references to the site in these Terms shall include (to the extent context permits) any related user dashboard, platform or mobile application to which you are granted access in connection with our provision of Delivery Services to you.
1.3 To contact us, please email firstname.lastname@example.org. In the event you need to give us formal notice of any matter under these Terms, please refer to 14.2 and in the event you would like to make a complaint, you may do so by following the steps set out at clause 15.
1.4 A full list of the defined terms used in these Terms is provided at clause 17.
2. ORDERING DELIVERY SERVICES
2.1 Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Full and up to date information on the delivery services available is as published on the site or otherwise notified to you from time to time. Each order is an offer by you to purchase the delivery services specified in the order (Delivery Services) subject to these terms and conditions (Terms). The Terms will apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Our acceptance of your order takes place when we provide onscreen confirmation to you on the site. Once your order has been accepted, your order and these Terms will form a legally binding contract between us (Contract).
2.3 If we are unable to supply you with the requested Delivery Services for any reason, we will confirm this onscreen on the site, the job status will be marked accordingly, and we will not process your order.
3. CANCELLING YOUR ORDER
3.1 You may cancel the Contract by notifying us as set out in 3.2 provided we have not begun to provide the Delivery Services to you. You will not be charged when you cancel before we have begun to provide the Delivery Services to you. We may also (at our sole discretion) allow for cancellation of a Contract after we have started to provide the Delivery Services to you.
3.2 To cancel the Contract, please either:
follow the onscreen cancellation instructions on the site;
contact our customer support team using the ‘live chat’ feature on the site; or contact our customer support team on +44 0333 210 2210 or at email@example.com.
However you choose to contact us, please include (or have to hand) full details of your order to help us to identify it.
3.3 If we permit you to cancel the Contract where we have already started to supply the Delivery Services to you, we shall be entitled to charge you a reasonable amount for the supply of the Delivery Services provided prior to cancellation.
4. THE DELIVERY SERVICES
4.1 You acknowledge and accept that:
(a) we are a technology services provider (not a courier) and that the delivery of contents of any shipment, package, letter or consignment that is the subject of an order placed by you (Packaged Contents) will be carried out by an independent local, national or international delivery provider (Delivery Partner) identified and engaged by us on your behalf as part of our provision of the Delivery Services;
(b)we will often be completely or partially unaware of the Packaged Contents in respect of any Contract and, accordingly, that you:
(i) shall, in respect of each Contract remain at all times fully liable for the Packaged Contents;
(ii) shall insure, or self-insure (i.e. be willing to assume the commercial risk, potential loss/damage and cost of resolution without engaging a third-party insurer), the Packaged Contents against all insurable risks to their full insurance value (including but not limited to fire, theft and similar risks with any right for the insurer (where applicable) to bring a subrogated claim against us being excluded. For the avoidance of doubt, (unless expressly stated otherwise in the Contract) we shall not hold or be required to take out any insurance to cover Packaged Contents in connection with any Contract;
(iii) shall indemnify us and/or our Delivery Partners on our written demand against any and all losses, expenses (including legal fees), liabilities, claims, damages and costs that we and/or our Delivery Partners may incur or suffer arising out of any breach of your obligations in respect of the Packaged Contents as set out at clause 5 (including, without limitation, in relation to the nature, type, malfunction, leakage, breakage, combustion or reaction of such Packaged Contents before, during or after our provision of the Delivery Services).
4.2 We warrant to you that the Delivery Services will be provided using reasonable care and skill.
4.3 We will use all reasonable endeavours to meet (and to ensure our Delivery Partners meet) any performance times and dates specified in the Contract but (save only where expressly provided for otherwise within the Contract) any such times and dates shall be considered only estimates given in good faith and failure to perform the Delivery Services by such times and/or dates will not give you the right to terminate the Contract.
4.4 We may from time to time be able to assist you with the procurement of the insurance required (to the extent you do not wish to self-insure) under clause 4.1(b)(ii). Any such assistance or procurement will fall outside the scope of the Delivery Services and will be subject always to the agreement of separate commercial terms between us.
5 YOUR OBLIGATIONS
5.1 It is your responsibility to ensure that:
(a) the requirements, preferences and other terms of your order are complete and accurate;
(b)you cooperate with us and our Delivery Partners in all matters relating to the Delivery Services (including by providing us and/or our Delivery Partners with such information and materials we/they may reasonably require in order to supply the Delivery Services);
(c)you obtain and maintain all necessary licences, permissions and consents and you comply with all applicable laws relevant to your transportation of the Packaged Contents and your receipt of the Delivery Services.
5.2 You shall not:
(a) use the Delivery Services to transport:
(i) any hazardous, corrosive or dangerous goods or substances;
(ii) any controlled drugs or narcotics;
(iii) any weapons or ammunition;
(iv) environmental, biological, clinical or medical waste;
(v) flammable or explosive gases, liquids, solids, items or devices;
(vi) infectious substances or pathogens;
(vii) live creatures;
(viii) highly magnetic items or materials (having material effect outside of the packaging); nor
(ix) any other items, substances or materials that we may prohibit by notice to you (including for the purposes of this clause by publication on the site) from time to time;
(b) use the Delivery Services in connection with any illegal, immoral or unethical purpose;
(c) store, distribute, introduce or transmit through or in connection with the site:
(i) any virus (being any software, code, file or program (including, without limitation, worms, trojan horses, viruses and other similar things or devices) which may prevent, impair or otherwise adversely affect the operation of the site or adversely affect the experience of other users),
(ii) any weakness in the computational logic (for example, software code) of the site that, when exploited, results in a negative impact to confidentiality, integrity, or availability; or
(iii) any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any illegal activities;
(d) attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the site (except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties);
(e) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the site, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;
(f) access all or any part of the site in order to build a product or service which competes with the site or any part of it;
(g) (save with our express prior written consent) use the site to provide services (equivalent to the Delivery Services) to third parties;
(h) subject to clause 16.2, transfer, temporarily or permanently, any of its rights under the Contract.
5.3 If our ability to perform the Delivery Services is prevented or delayed by any failure by you to fulfill any obligation listed in 5.1 (Your Default):
(a) we will be entitled to suspend performance of the Delivery Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Delivery Services, in each case to the extent Your Default prevents or delays performance of the Delivery Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 12 (Termination);
(b)we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Delivery Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
6.1 In consideration of us providing the Delivery Services you must pay our charges (Fees) in accordance with this 6 and clause 7.
6.2 An indication of the expected Fees will be provided prior to, or at the time of, your account creation, at the time of a Fee change, and on acceptance of your Order. You acknowledge and accept that this is subject to change depending on factors affecting the performance of the Delivery Services (for example, if the relevant Delivery Partner is required to wait for an extended period at the point of collection due to the relevant package(s) not being ready for collection). If you wish to change the scope of the Delivery Services after we accept your order, and we agree to such change, we will modify the expected Fees accordingly.
6.3 Our Fees are exclusive of VAT. Where VAT is payable in respect of some or all of the Delivery Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Fees.
7. HOW TO PAY
7.1 The Fees in respect of the Delivery Services become payable immediately on completion of the Delivery Services. You can pay for the Delivery Services using a debit card or credit card.
7.2 Following acceptance of your order, we will obtain authorisation from your payment card provider in respect of the funds necessary to pay the expected Fees, with your payment card only being charged when the Fees have been confirmed following completion of the Delivery Services.
7.3 We will endeavour to send you an electronic invoice within 2 business days of completion of the Delivery Services. This electronic invoice will typically batch orders completed the day prior.
7.4 If we are prevented from taking payment (for example, due to insufficient funds, a frozen account or your card having expired) in accordance with clause 7.2 on the date on which the Delivery Services have been completed then, without limiting our remedies under clause 12, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this 7.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
7.5 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. HOW WE MAY USE YOUR PERSONAL INFORMATION AND OTHER DATA
8.1 We will use the personal information (if any) you provide to us to:
(a) provide the Delivery Services;
(b)process your payment for the Delivery Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
8.3 You will own all rights, title and interest in and will have sole responsibility for the legality, reliability, integrity, accuracy and quality of all other (i.e. non-personal) information (Other Data) provided to us by you in connection with your use of the site and/or receipt of the Delivery Services.
8.4 In the event of any loss or damage to Other Data in connection with our provision of the Delivery Services, your sole and exclusive remedy against us shall be to require us to use all commercially reasonable endeavours to restore the lost or damaged Other Data from the latest back-up of such Other Data maintained by us in accordance with our standard archiving procedure (where such a back-up exists). We shall not be responsible for any loss, destruction, alteration or disclosure of Other Data caused by any third party (except those third parties sub-contracted by us to perform services related to data maintenance and back-up for which we shall remain liable).
9. LIMITATION OF LIABILITY
9.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to 9.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;