Terms and Conditions of Business 

AlwaysIn (Micromob Ltd)

 

 

1    Introduction

 

1.1 We are AlwaysIn, we link a network of independent logistics operators to our customers via our online booking system.  These independent logistics operators are contracted by our company Micromob Ltd, a company registered in England and Wales number 12752345.  The Registered office is 20-22, Wenlock Road, London, N1 7GU

1.2 These are the terms and conditions upon which We do business (Terms).

1.3 We may revise or update these Terms at any time without notice. The current

version of these Terms can be found on Our Website.

1.4 These are the Terms (as revised or updated from time to time in accordance with

Condition 1.3) upon which We are willing to supply the Services to You. The Terms will

apply to all dealings between You and Us to the exclusion of all other terms and

conditions (including any terms and conditions which You may purport to apply under

any purchase order, delivery round booking, confirmation of order or similar document).

 

 

2    Definitions

 

2.1

In these Terms the following definitions apply:

 

Booking

Means a signed in user delivery booking made via our Website for which a valid credit card was registered and a confirmation was received by email.

 

Book In, Booked In, Check In, Checked In

Means a parcel has been photographed at our hub, up loaded on to our systems and assigned a parcel ID.

 

Booking Slots, Delivery Round

The times and dates we publish to a specific user by postcode on our Website as available for booking. 

 

Claim 

Means any claim, action, suit, loss, damage, costs (including, legal and other

professional fees), interest, expenses and any other liabilities;

 

Confirmation

An email from Alwaysin (Micromob Ltd) to the Signed In User confirming the specific date and timed delivery has been acknowledged by Our Logistics Partner.

 

Consignee 

means the person to whom any Goods are to be delivered as specified by You in the 

Order;

 

Consignment 

means the Goods that are either: (i) sent at one time in one load by or for the Customer from our Logistics Partners Hub to another address; or (ii) stored by our Logistics Partners on behalf of the Customer at our Logistics Partners premises;

 

Consumer

means an individual requiring the Services for personal use and not in relation

to any commercial activity;

 

Contract

means the contract for Services made between the Customer and AlwaysIn which

shall be made subject to and including these Terms and the Order;

 

Customer or You

means the person who contracts with Us via a booking for the provision of Services;

 

Dangerous Goods

means dangerous substances as defined in the Road Traffic (Carriage

of Dangerous Substances in Packages etc.) Regulations 1992, explosives, radioactive

substances and any other substance presenting a similar hazard;

 

Goods

means goods of any nature in bulk or contained in one parcel, package, container

or envelope, as the case may be, or any separate number of parcels, packages, containers or envelopes;

 

Hub

A physical address that is provided to customers in a particular postcode sector, to send their parcels to. A city may have one or several hubs depending on size and operational area.

 

Logistics Partner

A Person or Business that AlwaysIn (Micromob Ltd) has contracted to provide delivery services for Our Business for a specific Post Code.

 

Main Carrier

The Logistics Carrier who delivered the parcel to our Logistics Partners.

 

Maximum Weight or Dimension Limits

Means the total Weight and Dimension of the Goods including their outer packaging.  As set out further in Condition 3.3

 

Order

means an order or booking placed by You including placed by your representative on your behalf, for Our Services;

 

Registered, Registering (Signing Up)

The process of providing your email address, delivery address and phone number where we then provide you with a Username and Hub address.

 

Secret Code, Security Code

A set of numbers sent to the Customer prior to delivery of the Goods and know only to them or their representative they have passed this on to.

 

Services

means the services We offer as detailed on Our Website from time to time or

that are agreed between us;

 

Storage

Means the period of time during which the Consignment is being stored by our Logistics Partners, on behalf of the Customer as set out further in Condition 8;

 

Transit

Means the period of time during which the Consignment is being carried by Our Logistics Partners as set out further in Condition 6;

 

Us, We, Our

Means AlwaysIn (Micromob Ltd)

 

Username

Username is the unique name given to each Customer on Registering (Signing up) with AlwaysIn on the AlwaysIn Website.

 

Vendor

The Person or Business that the Goods were purchased from or contracted with by the User.

 

Website means:

www.alwaysin.co/

 

 

3    Signing Up, Restricted Goods, Size of Goods

 

3.1

Customers signing up to or making bookings with or receiving deliveries from AlwaysIn must be over the age of 18.

 

3.2

Our Services are not available for the following Goods categories:

  1. Over the size or/and weight limited Goods set out in 3.3.

  2. Perishable.

  3. Livestock.

  4. Cash, Share Certificates or Gift Cards

  5. Explosives

  6. Firearms

  7. Drugs

  8. Dangerous as set out in section 5.0

  9. Goods where the packaging is considered damaged or unsuitable for Transit.

Goods that arrive at our Hub that are in or suspected to be in these categories will be rejected.  AlwaysIn (Micromob Ltd) does not accept any liability for rejected Goods or goods in these categories that may be unknowingly delivered to a customer.

 

3.3 

We cannot accept Goods at our Hub or Bookings for Goods that have outer packaging dimensions greater than 60cm x 50cm x 50cm and / or are heavier than 20kg.  These Goods will be rejected and left with the Main Carrier.  If the Main Carrier leaves rejected Goods at the AlwaysIn Hub, then AlwaysIn (Micromob Ltd) does not accept any liability for loss or damage of these goods.

 

3.4 

AlwasyIn (Micromob Ltd) does not accepts liability for loss or damage of Goods left outside its premises by a Main Carrier.

 

4    Bookings 


4.1

We are not obliged to accept any Bookings from You. A Contract will only be formed at

the time We Confirm your Booking or 6 hours after you place the Booking unless We notify You that your Booking is not accepted, whichever is earlier.

 

4.2

We are not obliged to make Booking Slots available at specific days or times.  Bookings can only be made for slots that are displayed to a signed in Registered User and are  live at the time of Booking on the site, have not yet been filled by other users or closed off.

 

4.3 

We reserve the right to cancel a Booked Delivery Round in which case the customer will not be charged and will be advised to make another booking.

 

4.4 

The Customer warrants that they are either the owner of the Goods or are authorised by the Owner to accept these terms on the Owners behalf.

 

4.5

The Customer acknowledges and agrees that where a Booking is made by one of its

representatives using their login, that any such representative is an authorised representative of the Customer and is authorised by the Customer to bind the Customer to these Terms.

 

4.6

The Price of Booking slots can change at any time up to the point of a booking being confirmed.

 

4.7 

We will from time to time change the AlwaysIn Hub Address for a user by giving a minimum of 14 days notice.  Users are responsible for using the correct Hub address at time of ordering their goods and AlwaysIn has no responsibility for parcels sent to a previous hub address after the 14 days from giving notice of a Hub address change.

 

 

5    Dangerous Goods & Age Restricted Products

 

5.1

Dangerous Goods as defined by the Road Traffic (Carriage

of Dangerous Substances in Packages etc.) Regulations 1992, explosives, radioactive

substances and any other substance presenting a similar hazard, cannot be carried by AlwaysIn and customers must not send these Items to our Hubs or make bookings for these items.

 

5.2

If the Order requires carriage of Dangerous Goods, You shall ensure that the

applicable Transport Emergency Card and/or any other information required by law or

any relevant authority for each substance is provided to Our Logistics Partner on their receipt of the Dangerous Goods.

 

5.3

If the Order requires storage of Dangerous Goods, You shall provide Us with all

documents and information necessary for Us to provide safe and legal storage of the Dangerous Goods.

 

5.4 

Bookings that include Age restricted products, such as but not limited to Alcohol and Knives, must not be made by Customers for receipt by anyone who is under the legally specified age for these products.  

 

5.5

Customers are not to pass their delivery Security Code to anyone who is under the legal age to receive age restricted items.

 

 

6    Transit

 

6.1

Transit commences when Our Logistics Provider Books In a parcel to the AlwaysIn system, whether at Our Logistics Partners premises, collection address, or Hub address.

 

6.2

Transit shall (unless otherwise previously determined) end when the Consignment

is delivered to the Customer or there representative, who identified themselves by providing the Secret Code associated with their Booking.

 

except that:

(a) if the Goods that arrive at Our Logistics Partners location do not have the Customers Username in the first name field on the Goods delivery label or do not have a legible delivery Label.

(b) if the Goods that arrive at Our Logistics Partners location are in the restricted categories or above our Maximum Weight or Dimension Limits set out in 3.2 and 3.3

(c) if the Goods that arrive at Our Logistics Partners are not suitably packaged to facilitate their delivery.

(d) if the Goods that arrive at Our Logistics Partners are Dangerous (as Defined in Condition 4) or illegal to ship.

(e) if the Goods that arrive at Our Logistics Partners are not for a Registered User or Are for a Registered User who is registered at another Hub address.

(f) if no safe and adequate access or, if applicable, no adequate unloading facility exists at the delivery address, Transit shall end at the expiry of one hour after We have given notice to You by telephone of the arrival of the Consignment at Our premises; or

(g) when for any other reason whatsoever the Consignment cannot be delivered or

a Booking is not made for it and/or it is removed within a reasonable

time determined by Us, then Transit shall end at the expiry of the reasonable

time as determined by Us.

 

6.3

We are not at any time able to confirm or take responsibility for what is inside a Consignments packaging, it is the responsibility of the User to inform their Vendor or Main Carrier if there is any problem with their Order.

 

 

7    Customer Website

 

7.1

Our Customer Website is accessed via www.AlwaysIn.co

7.2 

Our Website may from time to time be unavailable due to maintenance, upgrade or any other reason. 

7.3

Bookings are only available for Dates, Times and Postcodes indicated in the Booking section of Our Website for that Registered User.

 

8    Storage

.

8.1

Storage commences when the Consignment has been Checked In at Our Logistics Partners address or Hub as set out during User Registration.

8.2 

Storage will be for a maximum of 7 days before the Goods are returned to sender at the Users cost.  

8.3

Storage shall end when the Consignment is collected from Our Logistics Partners premises, except that when a consignment is held by us “Awaiting a Booking” or upon any similar instructions and the Customer has not made a Booking for and/or is not collected within a reasonable time (as determined by Us), then Storage shall end at the expiry of the reasonable time as determined by Us.

 

9    Our Charges

 

9.1

Our charges will be made in accordance with Our current rate displayed when the Contract is made by making a Booking on Our Website.  Our rates are dynamic and can change at any time up to the point when the Booking is made.

 

9.2

A User must associate a valid Credit or Debit Card with a Booking for that Booking to remain valid.

 

9.3

The agreed Booking Payment is taken on Confirmation of delivery (Transit End), or when delivery is attempted and the Security Code cannot be provided, or when storage ends as defined in 8.2 and 8.3 

 

9.4

We shall be entitled to charge interest on the outstanding amount from the due

date until payment is made in full at the rate of 8% per annum over base rate from

time to time, which interest shall accrue on a daily basis from the date payment becomes overdue until the date payment of the overdue amount together with all interest that has accrued is received by Us in cleared funds.

 

9.5

Unless stated otherwise, all charges quoted are inclusive of UK Value Added Tax but exclusive of any other sales, use, import or export, non UK value added or similar tax which, if applicable, shall be payable by the Customer in addition.

 

10    Liability for Loss and Damage

 

10.1 

We shall not be liable to the Customer for any loss, mis-delivery of and/or

damage to the Consignment or any part of them arising out of or in connection with any

reason or event whatsoever outside of our reasonable control.

 

10.2 

We shall not be liable to the Customer for any loss, mis-delivery of and/or

damage to the Consignment or any part of them arising before a parcel is Checked In at our Hub.

 

10.3

We shall not be liable to the Customer in respect of any loss, mis-delivery of

and/or damage to any Consignment or any part of a Consignment as a result of:

  1. any seizure or forfeiture under legalprocess;

  2. any act, omission, misstatement or misrepresentation by the Customer, the owner of the Consignment, the Consignee or the servants or agents of each of them;

  3. any inherent vulnerability to wastage in bulk or weight, defect or inherent defect, natural deterioration or fragility of the Consignment

  4. insufficient or improper packing;

  5. insufficient labelling or addressing; or

  6. the Consignee not taking or accepting delivery within a reasonable time after the Consignment has been Checked In.

  7. Consignment not being delivered to 

 

10.4

In relation to any Claim made by You in relation to loss or theft of or damage to

any Goods, You shall provide written proof of the value of the Goods

damaged, stolen or lost, your itemised receipt showing your AlwaysIn Username and Hub delivery address in the Delivery address field, delivery date & time, photographic proof of delivery or a legible AlwaysIn Logistics Partner signature as proof of delivery from the Main Carrier to our Hub.   You shall allow us (or our representatives) reasonable access to inspect the damaged Goods.

 

10.5

We shall not in any circumstances be liable to You in relation to any late delivery of a

Consignment as a result of any reason or event beyond our reasonable control.

 

11    Fraud

 

11.1  

The Customer shall indemnify Us and hold Us harmless from any liability in

connection with a Consignment arising out of or connected to any act of fraud on the

part of the Customer or the owner of the Consignment or any part thereof or the servants or agents of either of them in respect of that Consignment, unless the fraud has been contributed to by Our complicity.

 

12    Limitation of Liability

 

12.1 

Nothing in this Agreement shall exclude or limit either parties liability for:

(a)

death or personal injury caused by its negligence;

(b)

fraud or fraudulent misrepresentation; or

(c)

any liability which cannot be

excluded or limited by English law.

 

12.2

Subject to Condition 12.1, Our total aggregate liability arising out of or in connection

with the provision of our Services under any Contract shall not exceed the lesser of:

(a)

the replacement value of the Goods that are actually lost or damaged; or

(b)

the cost of repairing any damage or reconditioning the Goods that are damaged; or

(c) £250 

whether such loss or damage was due to Our fault or negligence or that of Our servants,agents or employees or otherwise.

 

12.3

Subject to Conditions 12.1 and 12.2, We shall not in any circumstances be liable to You

for any:

(a)

loss of or damage to any Goods arising out of or in connection with any collection

and delivery Services;

(b)

loss of or damage to any Goods arising out of or in connection with any storage

Services;

(c)

losses, expenses, fines, liability or damages You may incur as a result of Our performance, non-performance or mis-performance of the Services;

(d)

special, indirect, consequential or incidental losses or punitive or exemplary

damages; or

(e)

loss of profits, loss of contracts, loss of business, loss of anticipated revenue or

savings, or loss of opportunity (in each case whether direct or indirect), whether arising from negligence, breach of contract or otherwise under or in connection with these Terms or any Contract.

 

13    Time Limits for Claims

 

13.1

We shall not be liable for any:

(a)

damage to the whole or part of any Consignment unless We are given written

notification of the damage within 3 working days after the end of the Transit or Storage

and the claim giving details of quantum and the circumstances of any loss is made in

writing within 7 days after the end of the Transit or Storage (as determined in ac

Cordance with Conditions  6, 8 and 9);

(b)

loss or mis-delivery or non-delivery of the whole or part of any Consignment unless

We are notified of the loss, mis-delivery or non-delivery in writing within 14 days after the commencement of Transit or Storage and the claim giving details of quantum and the circumstances of any loss is made in writing within 21 days after the commencement of Transit or Storage (as determined in accordance with Conditions 6, 8 and 9).

 

14    Indemnity to AlwaysIn (Micromob Ltd)

 

14.1

The Customer shall indemnify AlwaysIn (Micromob Ltd) against:

(a)

all consequences suffered by AlwaysIn (Micromob Ltd)  (including claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and/or to other Consignment carried) as a result of:

(i)

any error, omission, misstatement or misrepresentation by the Customer or owner of

the Consignment or by any servant or agent of either of them; and/or

(ii)

insufficient or improper packaging, labelling or addressing of the Consignment ;

(b) 

all claims and demands whatsoever by whomsoever made in excess of the liability of AlwaysIn (Micromob Ltd) under these Terms as set out in Condition 11 above;

(c)

all losses suffered by and claims made against AlwaysIn (Micromob Ltd) resulting from loss of or damage to property caused by or arising out of the carriage by our Logistics Partners of Dangerous Consignment whether or not declared by the Customer as such; and

(d)

all claims made upon AlwaysIn (Micromob Ltd) by H M Customs & Excise in respect of dutiable Consignment consigned in bond whether or not Transit or Storage has ended or been Suspended.

 

15    Data Protection

 

15.1  

Where, in connection with these Terms or a Contract, the Customer or We (the Data

Processor) will process data in accordance with our privacy policy, found on our Website and highlighted to the User prior to point or email entry.

 

16    General

 

16.1

Neither You nor We shall be entitled to assign, novate or otherwise transfer any of

our rights and/or obligations under these Terms or any Contract without the prior written

consent of the other party (that consent not to be unreasonably withheld or delayed)

except that the Customer acknowledges and agrees we may use sub-contractors Logistics Partners to perform the Services or parts of the Services from time to time.

 

16.2

The relationship between AlwaysIn (Micromob Ltd) and the Customer is that of supplier and Purchaser. Nothing in Terms or in any Contract shall be construed as creating a

partnership or joint venture of any kind between the parties or as constituting either

party as the agent of the other party for any purpose whatsoever and neither party shall

have the authority or power to bind the other party, or to contract in the name of, or to

create a liability against, the other party in any way or for any purpose






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