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TERMS AND CONDITIONS OF USE OF THIS WEBSITE
This page tells you the terms and conditions (these Terms and Conditions) on which the carriage and delivery services (the Services) listed on www.parcelconnect.ie (this Website) are provided.
Please read these Terms and Conditions carefully before ordering any Services from this Website. By clicking on the button marked “I accept” on this Website, you are deemed to accept the Terms and Conditions which, in the event that you order any Services from this Website, include the Conditions of Carriage.
Please click on the button marked "I Accept" if you accept these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Services from this Website. You should print a copy of these Terms and Conditions and, in the event that you order any Services from this Website, a copy of the Conditions of Carriage for your reference.
1. INFORMATION ABOUT US
We are Linehaul Logistics Limited, a company registered in the Republic of Ireland under company number 368270 and with our registered office at 81/82 North Strand, Dublin 3. Our main trading address is at 46 North Street, Swords, County Dublin. Our VAT number is 6388270B. We operate this Website.
2. SERVICE AVAILABILITY
Orders may be placed from anywhere in the world. Items for delivery can be collected from anywhere in the Republic of Ireland and Northern Ireland (but not anywhere else) and can be delivered to anywhere in the Republic of Ireland, Northern Ireland and the United Kingdom.
3. YOUR STATUS
By placing an order through this Website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED
4.1 Services are provided by independent service providers who are licensed to operate as Fastway couriers (Fastway Couriers and each a Fastway Courier).
4.2 You may place an order to purchase Services through this Website (your Order).
4.3 Your Order constitutes an offer to purchase Services from a Fastway Courier (theCarrier) in accordance with these Terms and Conditions.
4.4 Your Order is subject to acceptance by an independent third party who acts as an agent on behalf of the Carrier (the Agent).
4.5 No contract will exist until the Agent confirms acceptance of your Order. The Agent will confirm acceptance of your Order by sending you an email acknowledging receipt and confirming the details of your Order (the Confirmation Email).
4.6 The contract for the performance of the Services in respect of which you have placed your Order is between you and the Carrier (the Contract).
4.7 The Contract is deemed to incorporate and is subject to the Conditions of Carriage which you are deemed to accept by clicking on the button marked “I accept” on this Website.
4.8 The Confirmation Email will also contain the contact details of the Agent. If you have any questions with respect to your Order, the Contract or the Carrier please contact the Agent.
4.9 Payment in respect of your Order is made to Linehaul Logistics Limited who is authorised to accept payment on behalf of the Carrier.
4.10 Please thoroughly check all of the details that you have inputted before you confirm your Order e.g. description and weight of goods for consignment, collection address, collection date, name of recipient and recipient address.
4.11 You will have the opportunity to correct any errors that you may have made in inputting your details before you confirm your Order. You will not have the opportunity to do so after you confirm your Order.
4.12 The Carrier will arrange to collect and deliver the parcel containing the items or goods in respect of which you have placed your Order in accordance with the details provided by you.
4.13 You may cancel the Contract at any time. In that event you are not entitled to a refund.
5. CONDITIONS OF CARRIAGE
5.1 The Carrier does not provide Services other than in accordance with the Conditions of Carriage.
5.2 You should carefully review the Conditions of Carriage. If you do not understand or would like to clarify any particular Condition , please contact us at 46 North Street, Swords, County Dublin or alternatively through the Website or by calling 00353 1 8074763.
5.3 In particular we wish to draw your attention to the following Conditions of Carriage:
(a) you are responsible for the packaging of the goods in respect of which you have placed your Order (the Goods);
(b) you warrant to the Carrier, with regard to the nature of the Goods, that the Goods are packaged so as to withstand the ordinary risks associated with the Services including the manual handling and vehicular transport of the Goods together with various other boxed and parcelled goods and items of varying size and weight;
(c) you warrant to the Carrier that the Goods do not contain any Dangerous Goods (as that term is defined in the Conditions of Carriage) or otherwise any hazardous goods or substances that could be reasonably foreseen to cause loss, damage or harm to any person;
(d) you are responsible for the veracity and accuracy of any name, address, telephone number, email address, description of the Goods, aggregate weight of the Goods or other information that you provide to us;
(e) the Goods must be available for collection on the date specified by you and accord with the description and weight provided by you;
(f) the Carrier reserves the right to terminate the Contract without refund in the event that you are in breach of any of the warranties that you are deemed to provide hereunder or otherwise in breach of any of the Conditions of Carriage;
(g) the Goods are deemed delivered when delivered to the delivery address provided by you or when delivered to a Parcel Connect Store (in accordance with the following clause 5.3(h));
(h) if the delivery address provided by you is unattended, the Carrier may do any of the following:
(i) leave the Goods at a location at the delivery address that, in the reasonable opinion of the Carrier, is clean and dry, not exposed to the elements or animals and not in view of the general public; or
(ii) leave the Goods with a neighbour; or
(iii) leave the Goods at a Parcel Connect Store provided the person to whom a delivery is addressed has consented to such delivery and agreed to pay a €1.00 fee in respect thereof; or
(iv) store the Goods at your expense and risk.
(i) The Carrier does not accept for carriage certain specified items including cash, Dangerous Goods (as defined in the Conditions of Carriage) and hazardous goods or substances.
(j) The Carrier does accept certain items for carriage on an ‘owner’s risk’ basis (Owners’ Risk). These items include jewellery or other valuable items, items that contain glass and/or perishables goods.
Owners’ Risk means that these items are not covered by the Carrier’s policy of insurance. If you tender these items for carriage, you do so at your own risk or the risk of the owner of the goods.
The Carrier is not liable for any loss of whatsoever nature and howsoever caused in relation to any items which are tendered by you on an Owners’ Risk basis including loss or damage as a consequence of negligence in relation to the performance of the Services or as a consequence of the items or goods being in the possession of the Carrier.
(k) The liability of the Carrier is limited in all circumstances to a maximum amount of €50.
6. AVAILABILITY AND DELIVERY
Your Order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within 30 days of the date of the Confirmation Email, unless there are exceptional circumstances.
7. OUR STATUS
7.1 Please note that Linehaul Logistics Limited operates the Website on behalf of Fastway Couriers.
7.2 Please note that no contract will exist or be deemed to exist between you and Linehaul Logistics Limited at any time.
7.3 The only contract arising as a consequence of the acceptance of your Order is the
7.4 You agree that Linehaul Logistics Limited has no contractual liability to you.
8. STATUS OF AGENT
8.1 Please note that the Agent acts as an agent on behalf of the Carrier.
8.2 Please note that no contract will exist or be deemed to exist between you and the Agent at any time.
8.3 The only contract arising as a consequence of the acceptance of your Order is the Contract.
8.4 You agree that the Agent has no contractual liability to you.
9. PRICE AND PAYMENT
9.1 The price of the Services (the Price) will be as quoted on this Website from time to time except in cases of obvious error. The Price includes value added tax.
9.2 The Price is liable to change at any time but subject to clause 9.6 changes will not affect your Order if the Agent has already sent you a Confirmation Email.
9.3 We make every effort to ensure that prices quoted on this Website are accurate in all material respects. However, it is always possible that the Services may be incorrectly priced by us.
9.4 The Agent will normally verify the Price as part of the confirmation procedure so that where the Price is less than the price quoted on this Website you will be charged the lower amount.
9.5 If the Price is higher than the price quoted on this Website, the Agent will, at his discretion, either contact you for instructions before processing your Order or reject your Order and notify you of such rejection in which case you will be entitled to a refund.
9.6 The Carrier is under no obligation to provide the Services at an incorrect (lower) price, even after you have been sent a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
9.7 There is no refund in the event of the cancellation of a Contract.
9.8 In the event that your Order is accepted but cannot be fulfilled because of any event outside of the Carrier’s reasonable control including those defined as Force Majeure Events under condition 9 of the Conditions of Carriage, you hereby acknowledge and agree that the Carrier will be entitled to his reasonably incurred costs and expenses (as determined by the Carrier acting reasonably) which he is entitled to set off against any monies paid by you in respect of the Services and you will thereafter be entitled to a refund of the balance.
9.9 Payment must be made by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, Maestro and Laser.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications that are sent to you in relation to your Order should be in writing. When using this Website, you accept that such communication will be mainly electronic.
The Agent will contact you by e-mail. We may provide you with information by posting notices on this 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 and/or the Agent provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. NOTICES & COMPLAINTS
All notices given by you must be given to the Agent. Complaints may be made to the Agent at the address specified in the Confirmation Email.
The Agent may give notice to you at either the e-mail or postal address you provide to us when placing your Order or by posting a notice on this Website. Notice will be deemed received and properly served immediately when posted on this 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 the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
12.2 The Carrier may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any rights or obligations arising under it, at any time during the term of the Contract.
13.1 If we fail to insist upon strict performance of any of your obligations under any of these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 If the Agent fails, at any time during the term of a Contract, to insist (on behalf of the Carrier) upon strict performance of any of your obligations under the Contract or if the Agent fails to exercise (on behalf of the Carrier) any of the rights or remedies to which the Carrier is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.3 If the carrier fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or if the Carrier fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.4 A waiver by either the Agent on behalf of the Carrier or by the Carrier of any default will not constitute a waiver of any subsequent default.
13.5 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
13.6 No waiver by the Carrier of any of the Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by the Carrier.
If any of these Terms and Conditions (including, for the avoidance of doubt, the Conditions of Carriage) 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.
15. DATA PROTECTION
15.1 You hereby agree and consent that personal data within the meaning of the Data Protection Acts 1988 to 2003 provided by you:
(a) may be disclosed to the Carrier (and his agents including the Agent) and to other independent third party service providers (together the Service Providers and each a Service Provider) who may be engaged in activities that include the fulfilment of your Order, the processing of your payment details and the provision of support services in connection with your Order; and
(b) may be used by the Service Providers in order to carry out functions necessary to the fulfilment of your Order, the processing of your payment details and the provision of support services in connection therewith, and that a Service Provider may contact you, where necessary, in this regard.
15.2 For the avoidance of doubt, the placing of an order for any Services by you will constitute consent:
(a) to us passing on personal data within the meaning of the Data Protection Acts 1988 to 2003 to a Service Provider;
(b) to a Service Provider using that information for the purpose specified under clause 15.1(b); and
(c) to a Service Provider contacting you where necessary in that regard.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business or that of the Carrier, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
16.2 You will be subject to these Terms and Conditions unless any change is required to be made to these Terms and Conditions by law or governmental authority (in which case it will apply to orders previously placed by you) or if we or an Agent notifies you of the change to these Terms and Conditions before the Agent sends you the Confirmation Email (in which case the Agent and the Carrier have the right to assume that you have accepted the change to these Terms and Conditions, unless you notify the Agent in accordance with clause 11, to the contrary).
17. LAW AND JURISDICTION
17.1 Contracts for the purchase of Services through this Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
17.2 Please also note that you must comply with all applicable laws and regulations of the country for which your order is destined. Neither we nor the Agent nor the Carrier will be liable for any breach by you of any such laws.