TERMS AND CONDITIONS FOR THE
SUPPLY OF SERVICES
OVER THE WHEELCOURIER.COM WEBSITE
Welcome to Wheelcourier.com, the online service for
domestic and international delivery of car parts, provided by Complete
Delivery Ltd trading as Wheel Courier (referred to in these terms and
conditions as “we”, “our” or “us”).
page (together with the documents referred to on it and any specific
terms and conditions set out in the ‘Further Information’ page of the
service booked) tells you the terms and conditions on which we supply
any of the services (“Services”) listed on our website
www.wheelcourier.com (our site) to you. Please read these terms and
conditions carefully before ordering any Services from our site. You
should understand that by ordering any of our Services, you agree to be
bound by these terms and conditions. YOUR
ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CONDITIONS 9 AND
10 RELATING TO OUR LIMITATIONS OF LIABILITY AND THE INDEMNITY GIVEN BY
You should print a copy of these terms and conditions for future
Please click on the button marked "I Accept" next to these
terms and conditions on the order page of our site if you accept them.
Please understand that if you refuse to accept these terms and
conditions, you will not be able to order any Services from our site.
1. Use of Wheel Courier
Our site is only intended for use by people resident in the United
Kingdom and the European Union (the “Serviced Countries”). We do not
accept orders from individuals outside those Serviced Countries. We
may, at our discretion, place some restrictions on the extent to which
we accept orders from specific countries.
1.2 By placing an
order for Services through our site, you warrant that:
(a) you are legally capable of entering into binding contracts
(including, without limitation, where you are acting on behalf of a
business entity that you have authority to bind that entity to these
terms and conditions); and
(b) you are at least 18 years old; and
(c) you are resident in and accessing our site from one of the Serviced
2. How the contract is
formed between you and us
By placing an order, you are making an offer to us to purchase the
Services in accordance with these terms and conditions. All orders are
subject to acceptance by us and we will confirm whether we can process
your order for Services by sending you an e-mail (the “Confirmation
E-mail”). Please note that our confirmation of your order by sending
the Confirmation Email to you is conditional and your order will not be
accepted until payment for the Services by the credit or debit card
used by you is authorised and successful payment in full is confirmed.
Upon such authorisation and confirmation, we will accept your order and
a contract between us, incorporating your order, these terms and
conditions and the ‘Further Conditions’ detailed next to each Services
(“Contract”), will have been formed.
2.2 The Contract will relate only to those Services, which we
have confirmed we are able to provide in the Confirmation E-mail and
for which successful payment in full is confirmed. We will not be
obliged to supply any other Services which may have been part of your
order until our ability to provide such Services has been confirmed in
a separate Confirmation E-mail (and successful payment for them in full
2.3 We will retain full details of the Contract
on our systems and the Confirmation Email will also set out details of
the Contract (subject to it coming into effect following successful
payment in full by you). In the event that you subsequently identify an
error with your order, you should contact immediately by email at
contact@Wheelcourier.com . We will use all reasonable endeavours to
amend the Contract to correct such errors, but we cannot guarantee that
this will be possible and we reserve the right to retain the full
Contract price in respect of your initial incorrect order.
3. Our status
3.1 We may provide links on our site to the websites of
other companies, whether affiliated with us or not. We cannot give any
undertaking, that products or services that you purchase from third
party sellers through our site, or from companies to whose website we
have provided a link on our site, will be of satisfactory quality, and
any such warranties are disclaimed by us absolutely. This disclaimer
does not affect your statutory rights against the third party seller.
We will notify you when a third party is involved in a transaction, and
we may disclose your customer information related to that transaction
to the third party seller.
4. Cancellation and
4.1 If you are contracting as a consumer, you may cancel a Contract
at any time within seven working days, beginning on the day after the
Contract was formed. In this case, you will receive a full refund of
the price paid for the Services as soon as possible and, in any case,
within 30 days of the day you have given notice of your cancellation.
We will usually refund any money received from you using the same
method originally used by you to pay for your purchase.
we have commenced the supply of the Services under the Contract, your
right of cancellation under condition 4.1 is lost. Please note that our
supply of the Services may be deemed to have commenced prior to the
actual delivery of Goods, through our processing of your order and/or
arranging for a courier to provide the Services.
4.3 To cancel a Contract, you must inform us in writing by emailing us
Details of this statutory right, and an explanation of how to exercise
it, are provided in the Confirmation E-mail. This provision does not
affect your statutory rights.
5. Packaging of goods
5.1 It is your responsibility to ensure that any items to be
delivered as part of the Services ordered under a Contract (“Goods”)
are packaged appropriately and to a professional standard. Detailed
guidance on the packaging standards with which you must comply are set
out in the ‘Further Conditions’ detailed against each Service. If we
consider that the packaging is inappropriate, we may refuse to perform
the Services in relation to those Goods at our absolute discretion.
5.2 You must ensure that the Goods are appropriately and correctly
labelled for the provision of the Services.
5.3 You must provide an accurate description of the Goods and
their weight and size (if requested) in your order and we reserve the
right not to carry Goods if they do not conform with such description.
We are happy to provide the Services for Goods which are not car parts
(although we are not obliged to do so), provided that the carriage of
such Goods is not dangerous or excluded by falling within (a) and (b)
below. You hereby warrant that all Goods are:
(a) capable of being transported without breaching any applicable
health and safety laws; and
(b) are not:
· bank-notes, coins, cheques, sales vouchers, bonds, bills of exchange,
· precious metals, stones, gems, jewellery (other than costume
jewellery), Works of art, antiques, or glass Bonded goods;
· alcoholic drinks, or tobacco products;
· pornographic or obscene materials;
· firearms or ammunition;
· living animals, fish, reptiles, plants, or
· any Goods requiring specialist storage conditions during carriage,
including temperature, humidity or a controlled environment.
6. Collections and
6.1 Collection of Goods will take place between 09:00 and
17.30 Monday to Friday (excluding Bank Holidays). The Goods must be
packaged in accordance with condition 5, addressed correctly and ready
for immediate handover to the courier at all times between 09:00 and
17:30 on the collection day booked under the Contract.
6.2 We will make only one collection attempt and no refunds
will be given if the Goods are not available for collection in
accordance with condition 6.1. We reserve the right to charge a
reasonable surcharge to reflect the additional costs of any collections
which are not in line with condition 6.1.
6.3 In the unlikely event that the courier fails to collect on
the day booked, it is your responsibility to inform us by 10pm on the
day of the booked collection. We will then endeavour to rebook the
collection for the next working day between 9:00 and 17:30. No refund
or discount will be given for failed collections.
6.4 We will
make one attempt to deliver the Goods between 09:00 and 17:30 Monday to
Friday (excluding Bank Holidays). You shall ensure that the intended
recipient of the Goods is available to receive them at such times. In
the event that the intended recipient is not available to receive the
Goods, we may attempt to deliver and obtain an appropriate receipt at
an address close to the relevant delivery point and leave details of
such delivery point at the delivery address. If we are unable to
deliver the Goods, the Goods will be returned to the premises of our
subcontractor which is providing the Services and a request for the
intended recipient to contact our subcontractor will be left at the
relevant delivery point. If no such contact is made within a reasonable
period of time, we may return the Goods to you, the sender.
6.5 You shall procure that the recipient signs for Goods upon
receipt. The recipient must sign 'UNCHECKED' for all Goods that he/she
is unable to check upon delivery. If the box or packaging is clearly
damaged on delivery, it is of paramount importance that the recipient
must sign for as 'DAMAGED' otherwise any claim for damage will be
refused. In the event of any damage, the recipient must retain the
Goods in the conditions they were in at the point of delivery,
including all packaging. It is your responsibility to inform the
recipient of these terms and conditions.
7. International carriage
7.1 In the case of Services where we are required to collect Goods
from or deliver Goods to a country outside the United Kingdom our
liability (subject to 7.2 below) 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 17 and onwards, which
provisions will be incorporated herein and will apply in place of any
inconsistent terms above written. A copy of such provisions will be
supplied if required.
7.2 In relation to that part of any carriage performed by air
and if the transit by air involves an ultimate destination or stop in a
country other than the country of departure, the Warsaw Convention as
amended may be applicable and the Convention governs, and in most cases
limits, our liability in respect of loss of or damage to consignments.
7.3 You authorise us, our agents and our subcontractors to
sign all transit and customs documentation on your behalf.
8. Price and payment
The price of any Services (including VAT where applicable but excluding
any similar taxes of any kind) will be as quoted on our site from time
to time, except in cases of obvious error.
8.2 Prices are liable to change at any time, but changes will
not affect orders in respect of which we have already sent you a
Confirmation E-mail and have received payment successfully in full.
8.3 We process a large number of orders for Services to
different destinations and it is always possible that, despite our best
efforts, some of the Services listed on our site may be incorrectly
priced in relation to your Contract. We will normally verify prices as
part of our delivery procedures so that, where the correct price for
Services is less than our stated price, we will charge the lower amount
when delivering to you. If the correct price for Services is higher
than the price stated on our site, we will normally, at our discretion,
either contact you for instructions before supplying the Services, or
reject your order and notify you of such rejection.
8.4 We are under no obligation to provide the Services to you
at the incorrect (lower) price, even after we have sent you a
Confirmation E-mail, if the pricing error is obvious and unmistakeable
and could have reasonably been recognised by you as a mis-pricing.
8.5 Payment for all Services must be by credit or debit card.
We accept payment with MasterCard, Maestro, Visa or via PayPal.
8.6 Payment for all Services must be made by you at the time
that you submit your order (as indicated on our booking form on our
9. Our liability
Nothing in these terms and conditions shall limit our liability to you
for death or personal injury resulting from our negligence (as defined
in the Unfair Contract Terms Act 1977) or for fraudulent
misrepresentation or for any liability which cannot be excluded by law.
9.2 Our liability for losses you suffer in connection with the
supply of a Service shall not exceed the Insured Value set out in the
''Further Infromation'll detailed next to the Service to which such
liablity relates (which is an amount up to, but not exceeding, £250).
If your Goods are more valuable than the Insured Value, you are
responsible for obtaining your own additional insurance.
9.3 Except as expressly set out in these terms and conditions,
all conditions, warranties and representations expressed or implied by
statute, common law or otherwise with respect to the Services are
excluded to the fullest extent permitted by law and in no event shall
we be liable for any negligence or tortuous loss or for any of the
following loss or damage (whether such losses or damage were foreseen,
foreseeable, known or otherwise and whether or not we are advised of
the possibility of loss, liability, damage or expense):
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or otherwise;
(g) any indirect or consequential loss or damage howsoever caused
(including, for the avoidance of doubt, where such loss or damage is of
the type specified in (a) to (f) above).
9.4 We shall not be liable for any damage to Goods whatsoever
suffered by you unless, the Goods have been packaged
in accordance with condition 5 and the Goods are retained in the
packaging and condition in which they were delivered.
9.5 We shall not be liable for any damage or loss whatsoever
suffered by you where such loss or damage is a result of your failure
to comply (or failure to procure that the intended recipient of the
Goods complies) with these terms and conditions including, without
limitation, failure to comply with the collection and delivery terms
and conditions set out in condition 6.
Contract is between you and us and no other person shall have any right
under the Contracts (Rights of Third Parties) Act 1999 to enforce, or
to enjoy the benefit of, any provision of the Contract. If any person
other than you makes a claim against us, our subcontractors or agents
arising out of, or relating to, the performance of the Services, you
shall indemnify and keep indemnified us on demand from and against any
and all losses, claims, liabilities, costs and expenses (including
taxes, fees, fines, penalties, interest, reasonable expenses of
investigation and legal fees and disbursements) arising in connection
11. Import duty
11.1 If you order Services from our site for the delivery of
Goods outside the UK, they may be subject to import duties and taxes
which are levied when the delivery reaches the specified destination.
You will be responsible for payment of any such import duties and
taxes. Please note that we have no control over these charges and
cannot predict their amount. Please contact your local customs office
for further information before placing your order.
11.2 Please also note that you must comply with all applicable
laws and regulations of the country for which the Goods are destined.
We will not be liable for any breach by you of any such laws.
Applicable laws require that some of the information or
communications we send to you should be in writing. When using our
site, you accept that communication with us will be mainly electronic.
We will contact you by e-mail or provide you with information by
posting notices on our website. For contractual purposes, you agree to
this electronic means of communication and you acknowledge that all
contracts, notices, information and other communications that we
provide to you electronically comply with any legal requirement that
such communications be in writing. This condition does not affect your
All notices given by you to us must be given to us at
contact@Wheelcourier.com. We may give notice to you at either the
e-mail or postal address you provide to us when placing an order or in
any of the ways specified in condition 12 above. Notice will be deemed
received and properly served immediately when posted on our website, 24
hours after an e-mail is sent, or three days after the date of posting
of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was
properly addressed, stamped and placed in the post and, in the case of
an e-mail, that such e-mail was sent to the specified e-mail address of
14. Transfer of rights
14.1 The contract between you and us is binding on you and us and on
our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or obligations
arising under it, at any time during the term of the Contract.
15. Events outside our
15.1 We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under a
Contract or for any loss or damage (subject to condition 9.1) suffered
by you that arises directly or indirectly from events outside our
reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable control and
includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic,
other natural disaster or adverse weather conditions;
(d) impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport, including,
without limitation, obstruction of public or private roads or highways;
(e) traffic congestion and mechanical breakdown (provided that we shall
use our best endeavours to provide a replacement vehicle with the
minimum practicable delay);
(f) pressure waves caused by aircraft and other aerial devices
travelling at sonic or supersonic speeds;
(g) impossibility of the use of public or private telecommunications
(h) the acts, decrees, legislation, regulations or restrictions of any
15.3 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues, and we
will have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
forbearance, delay or indulgence by a party in enforcing the provisions
of these terms and conditions shall prejudice or restrict the rights of
either party nor shall any waiver of rights operate as a waiver of any
subsequent breach and no right, power or remedy conferred upon or
reserved for the parties by these terms and conditions is exclusive of
any other right, power or remedy available to the parties and each such
right, power or remedy shall be cumulative.
any of these terms and conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will to
that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly
referred to in them (including, without limitation, the ‘Further
Conditions’) represent the entire agreement between us in relation to
the subject matter of any Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking or promise
given by the other or be implied from anything said or written in
negotiations between us prior to such Contract except as expressly
stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing, prior
to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party“s only remedy shall be for breach of
contract as provided in these terms and conditions.
19. Our right to vary
these terms and conditions
19.1 We have the right to revise and amend these terms and conditions
from time to time at our discretion.
19.2 You will be subject to the policies and terms and
conditions in force at the time that you order the Services from us,
unless any change to those policies or these terms and conditions is
required to be made by law or governmental authority (in which case it
will apply to orders previously placed by you), or if we notify you of
the change to those policies or these terms and conditions before we
send you the Confirmation E-mail (in which case we have the right to
assume that you have accepted the change to the terms and conditions,
unless you notify us to the contrary within seven working days of
receipt by you of the Products)
20. Law and jurisdiction
Contracts for the purchase of Products through our site will be
governed by English law. Any dispute arising from, or related to, such
Contracts shall be subject to the non-exclusive jurisdiction of the
courts of England and Wale