ONLY For eBay Simple Delivery
1. General
(a) These general conditions expressly govern the relations arising between Auctane, S.L.U., with Spanish Tax ID B83357863, on file in the Mercantile Registry of Madrid, Volume 17.909, Folio 138, Section 8, Page M-309219, entry 4, with address at Paseo Imperial 14, 28005, Madrid (hereinafter, Packlink) and the user who sells goods and purchases the services offered through the eBay website or app via the Simple Delivery program (the “Seller”). These general conditions apply only to transportation services purchased through eBay Simple Delivery (the “Services”) after listing the items using the Simple Delivery shipping setup at the eBay website or app (the “Website”).
(b) Packlink is a package dispatch search engine that acts as an intermediary between Sellers and transport agencies.
(c) Each Seller will enter into a contract with Packlink for the shipment and delivery of its goods by a transport agency chosen by the buyer of the Seller's goods and managed by Packlink (“Transport Agency”). Any support request for the services purchased through eBay.co.uk via the Simple Delivery program shall be directed to eBay support team via their official help centre at https://www.ebay.co.uk/help/home (“eBay Help Centre”).
(d) The collection date and time are not guaranteed for all Services or Transport Agencies.
(e) By purchasing the Services, the Seller accepts without reservation these general conditions, the relevant Transport Agency terms and conditions, the Privacy Policy and any particular conditions that may be applicable (together the “Conditions”).
(f) The procedures for using the Services are described in the Conditions, as well as specific terms indicated on the screen during browsing. The Conditions apply to the exclusion of any other terms that the Seller seeks to impose, or which are implied by trade, custom or course of dealing.
(g) The Seller shall be deemed to have knowledge of and accept the Conditions if and as soon as he or she places a Service order through eBay Simple Delivery (as described in section 3.B, below).
(h) Any modification and/or correction of the data provided by Sellers must be carried out in accordance with the instructions on the eBay Help Centre.
2. Terms and Conditions of the Transport Agencies
(a) For the collection and delivery of the goods, the terms and conditions of the chosen Transport Agency shall apply. These terms and conditions may be viewed on their respective webpages of each Transport Agency.
(b) The Seller accepts the relevant Transport Agency´s terms and conditions when placing a Service order, as described in section 3.B.
(c) Save as set out in Section 2 (d) below, in the event of a discrepancy between the information on the Website and on the webpages of the Transport Agency with respect to delivery and collection, the terms and conditions of the Transport Agency shall always prevail.
(d) In the event of a discrepancy between the compensation information on the Website, and on the webpages of the Transport Agency, the information on the Website shall prevail in relation to the Service.
3. Contracting Process
A. Required Information
(a) The Seller wishing to use the Services must provide certain information about the sender, the recipient and the goods.
(c) Packlink will inform the Seller about the need to have a printer to continue with the generation of the shipping document, whether cash on delivery service is available and extra protection offered.
(d) In case it is necessary, the Seller will be required to fill “customs form” details and to declare that he/she has read and accepts the postage prohibitions and restrictions for the chosen Transport Agency.
B. Transport Agency selection
Prior to the placement of the order, the Seller must read the Conditions
The Seller may then place a Service order with a Transport Agency by clicking on the "Get prepaid label or QR code" button. By clicking the relevant button, the Seller declares that he/she has read and accepts the Conditions.
After placing the Service order, the Seller will see:
- the confirmation of the purchase of the Service with the relevant data (Transport Agency´s estimated date of collection, delivery, tracking number, delivery address and Customs invoices, where applicable);
- The delivery instructions, including the indication of the documents to be printed before accepting the delivery (shipping document and address labels provided in PDF format).
- After purchasing the Service, and having obtained the shipping number and tracking number, the Seller can search for the shipment and verify its status on the Website.
C. Dispatch of Goods
(a) Packlink will confirm that the relevant Transport Agency has accepted the shipment, and the estimated date and time for the home collection services of the goods by a courier provided by the Transport Agency. In case of drop-off service, Seller must leave the goods at a drop-off or locker point.
(b) The rescheduling of the new collection must be handled directly on the eBay Help Centre.
(c) Sellers must request a receipt, pick-up slip, or consignment note from the Transport Agency that collects the goods. Claims without a collection slip will not be accepted, as there is no proof that the Transport Agency has actually picked up the goods.
(d) shipments to and from remote areas, both domestic and international, may be subject to delays, returns, and service cancellations.
D. Delivery of Goods
(a) Deliveries will be made to the address indicated in the eBay order. If the shipment cannot be delivered to the recipient, the Transport Agency may leave a notice for the recipient, in order for such recipient to reschedule the delivery, and will eventually transport the goods to its warehouse.
(b) The terms of delivery for the respective Transport Agency will apply. For example, if the recipient is not at home, the carrier may leave the goods at another address, such as that of a neighbor, or at a pick-up site. It is the Seller’s responsibility to access the Transport Agency’s website to track the goods and to notify the recipient.
(c) When a shipment is refused at the destination or for any other reason the Transport Agency cannot deliver the shipment, the Seller must notify eBay as soon as possible. If the Seller doesn’t notify eBay then the shipment will be handled according to Applicable Law, depending on the nature and type of the shipment. In this case, the Seller shall be responsible for additional fees, postage and expenses.
(d) All delivery times shown on the Website are approximate, and based on information from the relevant Transport Agency. Sellers are advised to review the terms and conditions of the relevant Transport Agency before using it. At times the delivery of the goods may be delayed for reasons beyond the control of both Packlink and/or the Transport Agency. All transit times are based on hours during Business Days.
(e) Small shipments: With respect to the collection or distribution of a small number of packages (maximum 5 packages, maximum weight per package 30 kg.), and that can be easily handled by a person, without requiring any assistance other than the machines or tools in the vehicle used, the costs of all loading and unloading operations will be borne by the Transport Agency.
(f) Large shipments: With respect to shipments that require extraordinary or special means for loading and/or unloading, the Seller accepts that the delivery may be made outside the recipient’s property or left for pick-up by the recipient at the Transport Agency's warehouse closest to the recipient’s address. The goods will be stored at the relevant warehouse for at least two (2) business days. Seller may request eBay cooperation with the delivery of large shipments subject to an additional charge. The Seller must authorize any additional charges before Packlink will mobilise any vehicle.
(g) Po Box: Packlink does not allow deliveries to a PO box.
4. Packlink’s Obligations
(a) Packlink is responsible for organising the collection and delivery of the goods through the chosen Transport Agency. Packlink does not directly handle the goods. It is responsible only for managing the shipment through the relevant Transport Agency.
(b) eBay will process all claims and queries from the Seller with regards to the order, provided that they are made in writing by contacting eBay customer support team as indicated in the eBay Help Centre. For more information, see Section 10: "Claim Management".
(c) Each Transport Agency and Packlink have the right to refuse any goods for any reason, including but not limited to, (i) the absence of packaging in accordance with the Packaging Guide (section 7); (ii) the goods exceed the dimensions and weight recorded in the order on the Website; and (iii) if the goods fall within the list of prohibited items (section 6) or are not of the recorded category.
5. Seller’s Obligations
(a) The Seller warrants, undertakes and represents that:
(i) All shipments are properly packaged and protected for transport, observing the Packaging Guide (section 7), so that the goods will not be lost or damaged whilst being transported or cause injury or damage to any person, property or other transported goods. Complaints about the goods when the Packaging Guide (section 7) has not been observed will not be accepted;
(ii) The shipping label of the shipment includes the full details of the recipient;
(iii) All shipping labels and commercial invoices (if needed) are securely fastened;
(iv) The goods are not subject to any licences, permits, certificates, restrictions, or anti-dumping, or breach any law or regulation;
(v) The goods are not destined for any country, company, organisation or individual that is subject to any export control, sanction or embargo;
(vi) Each shipment complies with the category, weight and measurement that the Seller recorded during the contracting process (unless such details have been amended in writing). For more information about parcels size and dimensions refer to section 9;
(vii) He or she has accurately recorded the value of the goods on the shipment documentation;
(viii) All data supplied by the Seller is accurate;
(ix) The necessary information and documentation for the processing of claims within the periods indicated in Section 10 shall be provided by the Seller; and
(x) Selle has the consent of any third party (including, but not limited to the recipient) to provide their Personal Data to Packlink.
(b) A failure to meet any of the warranties above could mean that the shipment is subject to delays, returns, or is detained. Packlink will not issue any refunds for shipment costs incurred, and the Seller will be responsible for all expenses incurred until the cancellation of the order or return of the goods to the pick-up site. In addition to the foregoing, the Seller will indemnify Packlink for any loss or damages it suffers as a result of a breach of this warranty.
(c) In addition, the Seller will be liable for and shall indemnify Packlink against any claims for losses or damages caused by the goods to other shipments during transit if such damage occurs as a consequence of the relevant shipment not meeting the terms of the Prohibited Items section and Packaging Guide (sections 6 and 7).
(d) The Seller understands that, in case of breach of any warranty in this Section, and/or the conditions of the chosen Transport Agency, neither Packlink nor the Transport Agency will bear any responsibility for any expenses, costs, losses or damages that may arise.
6. Prohibited and/or Damaged items
Any goods which are on the list of Prohibited Items cannot be sent through the Service.
(a) It is the Seller's responsibility to verify that the item is not included in the list of Prohibited Items. Goods appearing on the list of Prohibited Items may not be picked up, may suffer delays, be returned, or confiscated by local customs authorities. In the event that a Prohibited Item is shipped, the Seller will not be entitled to a refund for losses, damages, the costs of the shipment or any other claim related to that shipment.
(b) If the Transport Agency collects goods on the list of Prohibited Items, Packlink is entitled to charge an additional fee to cover its losses.
(c) It is the Seller's responsibility to be aware of the terms of the relevant Transport Agency to ensure that the goods are going to be accepted.
(d) If goods are damaged when collected by the Transport Agency at the collection point, to the extent that they cannot be transported, the Transport Agency may retain the goods for collection by the Seller. If the goods cannot be retained, for safety or sanitation reasons, the Transport Agency may decide to destroy them, without prior notice and Packlink shall not be liable for any losses.
(e) Prohibited items are: Alcohol and derivatives; Animals; Antiques; Art, Biological samples, Dangerous goods ADR/LQ (Perfumes, lighter, paint, chemical products, gunpowder, gas (aerosol/spray), fire extinguishers, magnets, batteries, radioactive materials, flammable, oxidizing, corrosive or adhesive substances, agricultural products, etc); Funerary items; Any goods prohibited at origin or destination by a specific country regulation; Jewelry, Medicines; Money; Narcotics; Perishable goods; Plants; Any stamp or stamped document issued by a government or related official agencies. Tobacco, alcohol, state lotteries; All types of tobacco, e-cigarette included; Vehicles and engine parts; Weapons and ammunition.
7. Packaging Guide
Seller must follow the packaging instructions, as any item sent without complying with the specifications detailed below may result in collection and claims rejections.
(a) Preferably use a double-layered corrugated cardboard box that fits the weight and dimensions of the item, and can be stacked securely during transport.
(b) Plastic envelopes and/or padded ones are safe for smaller shipments or clothing, while heavier or bulkier parcels must be placed in more durable cardboard boxes or protected with a double layer of packaging.
(c) If reusing packaging, ensure it remains suitable for protecting the item during transit. Damaged or weakened external packaging may fail to safeguard the item and could lead to a claim rejection.
(d) Internally wrap any items before you put them in the box or bag. It’s important that fragile items are carefully wrapped as our scanners can’t detect ‘fragile’ or ‘handle with care’ labels.
(e) Make sure precious cargo stays secure by filling any gaps in the packaging around the item. This will help keep it in place and prevent it moving around.
(f) Once your item is safely inside its box or mailing bag, secure it with tape. Make sure you choose strong tape, cover all openings and tape the corners.
(g) If the shipped item comes in a box that holds intrinsic value (such as board game boxes), it must be packaged in a double-layered corrugated cardboard box. Packlink will not take responsibility for cosmetic damage to boxes or containers that are valuable on their own without proper external and internal packaging.
8. International Transport and Customs
(a) Packlink has no control over the fees or taxes that may arise or apply in countries outside of the United Kingdom with respect to the shipment. The Seller is responsible for finding out whether there are taxes, charges or other payments imposed by customs (the “Customs Charges”) in the destination country.
(b) The Seller or the recipient must take responsibility for all customs charges. If either party fails to do so, Packlink will charge the Seller for all customs charges. Some countries apply a surcharge for the destruction/abandonment of the goods, and the Seller will also be responsible for this surcharge.
(c) For shipments that require delivery outside the European Union, the Seller accepts that they will be “definitive exports”, and not ”temporary exports” as these terms are defined by the Organisation for Economic Co-operation and Development.
(d) The Seller must attach a commercial invoice, or pro-forma (if the goods have no commercial value), in English. These must include a precise description of the goods, as well as the reason for the export. A surcharge can be applied, or the shipment could be returned, confiscated or destroyed if these details are incorrect. The Seller will be responsible for paying this surcharge.
(e) In certain cases, the Seller must also attach to the shipment an original dispatch authorisation, correctly filled out and signed. This document will be made available to the Seller upon confirmation of the order with the Transport Agency. Neither Packlink nor the Transport Agency can guarantee that the shipment will clear customs in the destination country if the dispatch authorisation is not properly attached to the shipment.
(f) If the Seller does not declare the correct value of the goods, Packlink will not be responsible for any charges that may arise as a result of such incorrect information.
(g) shipments with a value in excess of four thousand eight hundred and fifty six (4,856.00) GBP could suffer delays, as they require additional paperwork for their dispatch. Packlink advises against making shipments whose value exceeds this amount.
9. Additional Charges
You may be liable to pay us for additional costs we incur as a result your failure to comply with the Conditions. These will vary depending on the circumstances.
(a) Packlink has no control over additional charges imposed by the Transport Agencies (the “Additional Charges”).
(b) The Seller understands that Packlink is authorised to charge and collect all Additional Charges automatically using the same payment method used to pay for the service and the Seller will receive a notification informing him or her of such Additional Charge.
(c) All Additional Charges will be applied based on Packlink's rates for eBay Simple Delivery without applying any discounts that the Seller may be entitled to.
(d) The Additional Charges will be generated when the Transport Agency reports the amounts. Packlink may impose the Additional Charges within twelve (12) months of the commencement of the Service.
Additional Charges may apply in the following circumstances:
(a) Declared Category/Weight/Volume Discrepancy
If the shipment is of a different category, or a weight or volume greater than the details which are declared at the time of listing the item and/or purchasing the shipment, it could be retained, delayed in transit, and/or delivery, or be returned to the pick-up site. In such cases, Packlink will charge the Seller an amount that corresponds to the difference between the declared category, weight and volume and actual audited category, weight and dimension provided by the Transport Agency.
(b) Failed Collection
If the goods are not ready for collection at the pick-up site, a surcharge will be charged for a "Failed Pick-up". The amount of this surcharge shall be according to the Transport Agency’s terms.
(c) Address Changes
A change of address is any change to the pick-up site or delivery site after the details of the shipment have been entered. This Additional Charge may also be applied due to a lack of data in the relevant shipping documentation The amount of this Additional Charge will be according to the Transport Agency’s terms. If the delivery must be made in a different postal code, even within the same city, this constitutes a re-dispatch, rather than a change of address, The Additional Charge in this case, would be the same as for the original costs of shipment.
(d) Additional Deliveries
If the Transport Agency has exhausted the planned delivery attempts for the type of service and in accordance with its terms (in most cases first and second attempts at delivery are free of charge), any additional delivery attempt shall entail an Additional Charge as determined by the relevant Transport Agency.
10. Claim Management
a. Packlink’s Limitation of Liability
(a) Packlink’s liability (whether in contract, tort, negligence or otherwise and howsoever arising) for the loss, theft or damage to any goods and/or any other matter under or in connection with these Conditions shall be limited to the value of the sold item up to £500.00 (five hundreds GBP). Packlink shall under no circumstances be liable to the Seller, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for (i) any loss of profit or indirect or consequential loss or (ii) any loss, damage (other than damages to the goods, as mentioned above) or personal injury caused by the Transportation Agency.
(b) Nothing in the Conditions shall limit or exclude Packlink’s liability for death or personal injury caused by its negligence or the negligence of its employees, or for fraud, fraudulent misrepresentation or for any other matter for which it is unlawful to exclude or limit liability.
b. Process for making a claim
(a) Sellers may file claims through by contacting eBay support team via https://www.ebay.co.uk/help/selling/managing-returns-refunds/manage-returns-missing-items-refunds-sellers?id=4079
(b) All claims for damages to goods, parcel loss, parcel theft or parcel tampering must be initiated within 30 (thirty) calendar days from the dispatch date of the shipment.
(c) In the case of damage the Seller must ensure that the recipient keeps the goods and its packaging, so that they are available for an expert assessment or, in its absence, photos can be taken to assess the state on which the goods were delivered. The goods must be available for inspection or photographed in the state in which they were delivered. If the items have been tampered with, repaired, or if the packaging has not been conserved, the claim will be rejected.
(d) In the case of loss, the claim will only begin to be processed once the Transport Agency has categorised the goods as a "Loss” after conducting searches of their warehouses. This search and declaration of loss process by the Transport Agency usually lasts up to thirty (30) days from the scheduled delivery date. The Seller agrees to co-operate with the Transport Agency, eBay and Packlink and provide all information that is reasonably requested.
(e) The Seller must contact the eBay support team via Refund for missing items. The following are essential requirements to file a claim:
- Transport Agency delivery note signed by the courier (save for exceptional cases).
- Commercial invoice (purchase/sale) of the goods transported, or receipt. This must always feature matching data between the sender and recipient; if the Seller is not the sender of the goods, a document must be provided indicating the relationship between the relevant parties.
- In the event of breakage, images of the goods and the outer and inner packaging, as well as the contents and obvious damage (cracks in cases, for example) upon receipt.
- Photograph of the damaged goods in their entirety: the photograph must show the damage in its entirety and not just a close-up, or part of it. If the damage is not noticeable in a general image, it will be necessary to add an additional image of the article in which it is visible. If more than one damaged item is found, the image must include a grouping of all the items.
- Photograph of the outer packaging, including the label of the Transport Agency: the photograph must show that the shipment was made using the Transport Agency and that the claim corresponds to the shipment contract. The photograph must be taken at a distance such that the shipping label is visible.
- Photograph of the goods with their inner packaging: the photograph must show that the packaging used protected the contents during transport.
- Damage repair budget, if applicable; and Affidavit, in exceptional circumstances
- Delivery note with comments by the recipient, in cases of damage.
If any of the aforementioned documents are missing, the claim will be incomplete and, therefore, will not be processed.
(f) Once the claim is being processed, the periods for the submission of the required documentation are as follows:
Lost goods: twelve (12) months from the date of the collection of the goods from the pick-up site.
Missing contents: Photographs to be sent within two (2) months of the date of the delivery of the goods to the delivery site. Other documents: twelve (12) months from the date of collection of the goods from the pick-up site.
Damages: Pictures, to be sent within two months from the date of the delivery of the goods to the delivery site.
Other documents: twelve (12) months from the date of collection of the goods from the pick-up site.
(g) The period for resolution of a claim for loss or damage may take a maximum of ninety (90) days.
(h) If the claim is accepted eBay will transfer the agreed amount to the Seller´s eBay account.
11. Cancellation of Orders
(a) All cancellation requests must be made through the eBay Seller Hub and select “void label”.
(b) Packlink may cancel, at any time and without prior notice, any Service to a Seller appearing on the sanctions list published by the European Commission. In all cases the Customer Service Department will inform the Seller of the cancellation of the order.
(c) The Seller may cancel an order on the eBay website and by contacting eBay provided that the label is eligible for cancellation and refund:
(i) If the request for cancellation of the shipment occurs before the Transportation Agency has started its journey to pick up the goods, no penalty or compensation is payable, and the price of the fees will be refunded, within ninety six (96) working hours of the date of the receipt of the cancellation into the payment method used by the Seller. When a shipment is canceled, Packlink will not be responsible for any loss of profit, reputation, clientele, and opportunities.
(ii) If the request for cancellation of the shipment occurs after the Transport Agency has collected the goods at the pick-up site, but before the actual delivery of the goods at its delivery site, Packlink does not guarantee the return of the shipment, in any case, such that the Seller will not be entitled to a refund and will have to pay Packlink for the cost of the goods being returned to the pick-up site or address indicated by the Seller.
(iii) Seller has fifteen (15) days from the collection date to request the cancellation of a shipment, therefore no refund will be made if cancellation is requested after fifteen (15) days from the collection date. However, the Seller will have the opportunity to ship the goods after the confirmed collection date, provided that the data of the Service are not altered in any way (sender, recipient, category, weight, volume, mark, etc.).
(iv) Seller cannot cancel the shipment after the delivery of the goods to its delivery site.
(d) Cancellations that are requested because the order was duplicated are free of charge.
(e) The Seller may not make a claim under section 10 if it has canceled the shipment, requested that it be halted, or sent back.
(f) No assistance can be given for the cancellation orders after Packlink has confirmed cancellation. For Transport Agencies that provide home collection, please note that Transport Agencies can manage cancellations up to forty eight (48) working hours. For this reason, the relevant Transport Agency may also show up at the pick-up site. Should the messenger show up for collection, the goods must not be handed to the messenger, as Packlink will no longer have any information on the transit of the shipment after the removal of the order from the system. Any additional costs related to inventory or returns for non-deliverable goods, as well as any other administrative expenses that may arise will be charged to the Seller within sixty (60) days.
(g) Packlink may cancel, at any time and without prior notice, any Service to a Seller in case of violation of the Conditions.
12. Waiver of Packlink’s Liability
Delays in the Service may occur for the following reasons and Packlink shall not be liable for such delays:
(a) Any force majeure event;
(b) Missing, inadequate or improper packaging of the goods;
(c) Incomplete information provided by Seller;
(d) Shipments to and from remote areas, both domestically and internationally; or
(e) Incorrect and/or underreporting the category, weights or measurements of the goods.
13. Restricting Seller access to the Services
Packlink may, at any time and without prior notice and without incurring any liability, restrict the use of the Service and/or refuse to correspond with the Seller in any of the following circumstances:
(a) the Seller appears on the sanctions list published by the European Commission.
(b) there is a regulatory or legal change that limits Packlink's ability to provide access to it;
(c) there is a force majeure event which entails Packlink shutting down the Service
(d) the Seller is in breach of the Conditions; or
(e) the Seller is abusive towards Packlink or other users of the Service.
14. Use of Seller’s Personal Data
(a) Seller provides Personal Data to Packlink in order for Packlink to provide the Services.
(b) If Seller is an individual, Packlink will act as a Data Controller, and if Seller is a company/business Seller, Packlink will act as a Data Processor and Seller is a Data Controller (as such terms are defined in the Data Protection Laws).
(c) Each party shall comply with its respective obligations as set out in the Data Protection Laws.
(d) Packlink may share Personal Data with the Transport Agencies and any other third-party sub-processors.
(e) The Seller has obtained all necessary consents from the recipient as required under the Data Protection Laws for the transfer of the Personal Data by Packlink in order to provide the Services.
(f) Packlink shall not be considered to be a Data Controller or Data Processor for any personal and/or sensitive data that is contained within a shipment.
(g) In respect of any Personal Data to be processed by Packlink acting as Data Processor, it shall:
(i) provide appropriate technical and organisational measures in such a manner as is designed to ensure the protection of the rights of the data subject and to ensure a level of security appropriate to the risk;
(ii) ensure that any sub-processor that is engaged to process Personal Data by the Data Processor is subject to the data protection obligations that are similar to those applicable to the Data Processor under the General Conditions and it do not transfer the personal data to a third country outside the European Union or to an international organisation, unless it can guarantee that the data will enjoy an adequate level, or similar, of protection in accordance with the requirements of the GDPR;
(iii) process the Personal Data only to perform its obligations under these General Conditions, or other documented instructions, and for no other purpose, save to the limited extent required by law;
(iv) On termination of the Services, at the Data Controller’s option, either return or destroy the Personal Data, save that the Data Processor may retain copies of such Personal Data for the minimum retention period required by law;
(v) Ensure that all persons authorised to access Personal Data are subject to obligations of confidentiality;
(vi) At the Data Controller’s cost, make available to the Data Controller all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and allow for audits conducted by the Data Controller, provided that any on-site inspections are performed only when strictly necessary and the Data Controller shall pay for such on-site inspections and agree to any confidentiality and security restrictions imposed by the Data Processor;
(vii) At the cost of the Data Controller, provide assistance to the Data Controller (insofar as it is possible to do so) in connection with any data subject access requests and ensuring compliance with Articles 32 – 36 (inclusive) of the GDPR;
(viii) Notify the Data Controller without delay of a security breach involving any Personal Data which Data Processor processes for the Data Controller; and
(ix) Maintain a record of its processing activities in accordance with Article 30(1) of the GDPR.
(x) Not transfer Personal Data to third parties without the prior express consent of the Controller unless necessary to provide the Services.
(y) Our Data Protection Officer can be contacted by email at privacy@packlink.com.
15. General
(a) Assignment and other dealings. Packlink may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions. Seller shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Conditions (without the prior written consent of Packlink).
(b) Entire Agreement: The Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into the Conditions, it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Conditions.
(c) Variation: Except as set out in the Conditions, no variation of the Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
(d) Waiver. A waiver of any right or remedy under the Conditions or by Law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
(e) Severance. If any provision or part-provision of the Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of the agreement.
(f) Notices. Any notice given to a party under or in connection with the Conditions shall be in writing and shall be delivered by email.
(g) Third party rights. Unless it expressly states otherwise, the Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.
(h) Force majeure. Neither party shall be in breach of the Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
16. Applicable Law and Jurisdiction
The Conditions, any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Last reviewed July 2024