General Conditions of Packlink's Services

Definitions
Interpretation
General
Terms and Conditions of the Transport Agencies
Contracting process
Packlink's Obligations
User's Obligations
Prohibited and/or Damaged items
International Transport and Customs
Payment
Additional Charges
Claim Management
Compensation
Cancellation of Orders
Waiver of Packlink's Liability
Restricting User access to the Services
Use of User’s Personal Data
General
Applicable Law and Jurisdiction

Terms of Use of the delivery.ebay.co.uk / ebay.co.uk site (the “Website”)

You are brought to Auctane, S.L.U. from eBay, which provide eBay delivery services powered by Packlink.

You can use your eBay login credentials to login into eBay delivery powered by Packlink.

Please note that eBay is not a party to the contract between you and Auctane, S.L.U. and that eBay has its own privacy policy and its own terms of use.

The owner of the https://delivery.ebay.co.uk/ Website (hereinafter, the Website) is Auctane, S.L.U., company registration number CIF B83357863 and on file in the Commercial Registry of Madrid in Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, with its registered address on Paseo Imperial, 14, 28005, Madrid, Spain, holder of transport operator nº 11938624-1 (hereinafter, “Packlink”, “we”, “us” or “our”).

By using this Website, you accept our Terms of Use. If you do not accept these Terms of Use, you should not use the Website.

If you purchase services from us, our General Contracting Conditions and Particular Conditions (as set out in these Terms of Use) shall apply.

The following policies will also apply to you as a User of this Website: Privacy Policy.

User obligations

Users undertake to use the Website responsibly in full compliance with Applicable Law, these Terms of Use and, where applicable, any other policy provided by us for use of for the Website.

The password that you have chosen for your eBay account allows you to access this Website. You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or with the Applicable Law.

Users must utilise the Website in a responsible, correct and lawful manner and, in particular, refrain from the following activities, this is for example only and should not to be considered an exhaustive list:

using the Website in a way or for purposes that are unlawful or immoral;
reproducing, distributing, or allowing public access through any form of public communication; transforming or modifying any aspect of the Website;
performing any act that may be considered an infringement of any intellectual or industrial property rights belonging to us , or any third parties;
using information of any kind obtained through the Website to send advertising, communications for direct marketing purposes, or for any other commercial purpose; unsolicited messages addressed to a number of people, regardless of their purpose; or otherwise selling or disclosing said information;
fraudulently impersonating the identity of others in your use of the Website, or in the use of any of the services offered through the Website, including the use of passwords or codes of third parties, or in any other way.

Disclaimers and Exemptions

(a) Information on the Website:

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

(b) Third Party Sites:

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those Websites or resources.

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

(c) Bugs and Viruses:

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

Intellectual Property

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Modification of Terms of Use

We reserve the right to modify, update or revise these Terms of Use (including the General Contracting Conditions), Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time.

Our Liability to You

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our General Terms and Conditions.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website.

In particular, we will not be liable for loss of profits, sales, business or revenue, anticipated savings, business opportunity, goodwill, reputation or any indirect or consequential loss.

If you are a consumer user:

You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Applicable Law

These Terms of Use their subject matter and their formation, are governed by English law. You and we both agree that 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.

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General Conditions of Packlink's Services

1. Definitions

The following terms shall have the meanings set out below:

Applicable Law: the law of England and Wales.

Business Day: a day when the banks in London, England are open for business.

Collection Point: Locations, usually shops or commercial premises, where the Sender can leave the Goods and/or where the Recipient can pick them up.

Commercial Invoice or Pro-Forma/Dispatch Authorisation: The documentation that must be attached to the Goods, only in cases of export/import outside the EU.

Customs: the customs and excise authorities in a relevant jurisdiction.

Delivery Site: The address to which the Transport Agency must deliver the Goods; for Drop-off services, referring to the Collection Point to which the Recipient must proceed in order to receive the Goods.

eBay Funds: Payment method made available by eBay to Users as described on its Website.

Force Majeure: acts, events or circumstances beyond Packlink’s reasonable control.

Good(s): items which are transported.

Packlink: Auctane, S.L.U.

Packlink eBay Help Center: communication channel with Packlink for service consultations, management or service.

Personal Data: data as defined in the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018 (the “Data Protection Laws”).

Pick-up Site: the address at which the Goods must be picked up by the Transport Agency; for Drop-off services, referring to the Collection Point to which the Sender must take the shipment for it to commence its transit.

Privacy Policy: Packlink’s privacy policy available on this link.

Recipient: Individual or legal entity that receives the Goods through a Transport Agency contracted through Packlink.

Remote Areas: those towns with a population of less than 10,000 registered inhabitants, and those that, regardless of their population density, are more than 50 km from the site of the nearest Transport Agency.

Sender: Individual or company that delivers the Goods to the Transport Agency at the time of collection for shipment.

Service: Packlink’s on-line package dispatch search engine which allows Users to choose their preferred Transport Agency for the delivery of their Goods.

Shipment: Dispatch of one or more packages, collected at the same point of origin, and delivered to the same destination, on the same date and time, and with the same Transport Agency.

Shipping Label and Address Sheet: The documentation that must be attached to the Goods.

Transport Agency: Collaborating partners of Packlink which are listed on the following link.

User: any individual consumer or business user of the Services who has registered with eBay and choose to contract Packlink’s Services.

Website: delivery.ebay.co.uk / ebay.co.uk

2. Interpretation

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

3. General

(a) These General Conditions expressly govern the relations arising between Auctane, S.L.U., with CIF B83357863, on file in the Mercantile Registry of Madrid, Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, domiciled on the Paseo Imperial 14, 28005, Madrid (hereinafter, Packlink) and the User who purchases the Services offered through the eBay shipping platform in the Website.

(b) Packlink is a package dispatch search engine that acts as an intermediary between its Users and Transport Agencies. Through the eBay shipping platform in the Website, Users can check the prices that different Transport Agencies offer for shipments and choose the Transport Agency that best suits their needs on-line.

(c) Each User will enter into a contract with Packlink for the delivery of its Goods through the chosen Transport Agency.

(d) The pick-up date and time chosen by Users are not guaranteed for all services or Transport Agencies.

(e) By purchasing the Services, the User accepts without reservation the General Conditions, the relevant Transport Agency terms and conditions, the Privacy Policy, as well as any Particular Conditions that may be applicable.

(f) The procedures for using the Services are described in these General Conditions, as well as specific terms indicated on the screen during browsing (together the “Conditions”). The Conditions apply to the exclusion of any other terms that the User seeks to impose, or which are implied by trade, custom or course of dealing.

(g) The User shall be deemed to have notice of and accept the Conditions if and as soon as he or she places an order through Packlink.

(h) Any modification and/or correction of the data provided by Users during browsing must be carried out in accordance with the instructions on the Website.

4. Terms and Conditions of the Transport Agencies

(a) For the delivery and pick-up of the Shipments, the terms and conditions of each of the Transport Agencies shall apply. These terms and conditions may be viewed on their respective webpages of each Transport Agency.

(b) The User accepts these terms when booking the Shipment.

(c) Save as set out in Section 4 (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.

5. Contracting Process

A. Required User Information

(a) The User wishing to use the Service must provide certain information about the Sender, the Recipient and the Goods. The User may then start searching for a Transport Agency.

(b) Packlink gives the User a list of available transportation services.

(c) Packlink will inform the User about the need to have a printer to continue with the generation of the shipping document, whether payment upon delivery service is available, and extra protection offered).

(d) In case it is necessary, the User will be required to fill “customs form” details and to declare that he/she has read the postage prohibitions and restrictions for the chosen Transport Agency.

(e) The User may edit label preferences such as label format and print format.

B. Transport Agency selection

Prior to the placement of the order, the User must read these General Conditions, the relevant Transport Agency terms and conditions and our Privacy Policy.

The User may then place an order with a Transport Agency by clicking on the "Purchase Postage Label" button. By clicking the relevant button, the User declares that he/she has read and accepts these General Conditions, the relevant Transport Agency terms and conditions and our Privacy Policy.

After payment, the User will see:

the confirmation of the purchase of the Service with the relevant data (Transport Agency, date of 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 already provided in PDF format).
After purchasing the shipping service, and having obtained the shipping number and tracking number, the User can search for the Shipment and verify its status on the Website.

C. Pick-up Site of Goods

(a) Packlink will confirm that the relevant Transport Agency has accepted the User’s request, and the date and time chosen for the collection of the Goods by a courier provided by the Transport Agency. If the Sender chooses the drop-off service, he or she must leave the Goods at a Collection Point.

(b) The rescheduling of the new Pick-up Site must be handled directly with Packlink, through the Packlink eBay Help Center.

(c) Users should 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 order coming from eBay. 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 transport the Goods to its warehouse (if it has a 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 neighbour, or at a Collection Point. It is the User’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, Packlink will inform the User of the circumstances preventing delivery as soon as possible, through the tracking section of the Transport Agency, or, if this is not possible, by email. The User must reply to Packlink in writing within two (2) Business Days from receipt of the aforementioned notification, indicating whether the User wants to recover the Shipment, or that it be sent to an alternative Pick-up Site.

(d) If the User doesn’t notify Packlink within the aforementioned period, then the Shipment will be handled according to Applicable Law, depending on the nature and type of the Shipment. In this case, the User will be responsible for the following costs: (i) any additional fees; (ii) postage; (iii) any additional expenses and costs incurred.

(e) All delivery times shown on the Website are approximate, and based on information from the relevant Transport Agency. Users are advised to review the terms and conditions of the relevant Transport Agency before agreeing to use it. At times the delivery of the Goods may be delayed for reasons beyond the control of both Packlink and/or the Transport Agency (see Section 16 below). All transit times are based on hours during Business Days.

(f) 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.

(g) Large Shipments: With respect to Shipments that require extraordinary or special means for loading and/or unloading, the User 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. User may request Packlink’s cooperation with the delivery of large Shipments subject to an additional charge. The User must authorise any additional charges before Packlink will mobilise any vehicle.

(h) Po Box: Packlink does not allow deliveries to a PO box.

6. Packlink’s Obligations

(a) Packlink is responsible for organising the pick-up and delivery of the Goods through the Transport Agency chosen by the User. Packlink does not directly handle the Goods. It is responsible only for managing the Shipment through the relevant Transport Agency.

(b) Packlink will process all claims and queries from the User with regards to the order, provided that they are made in writing using the same email account that has been registered on the eBay Website. Users will receive their response to the complaint/inquiry via the same channel. For more information, see Section 14: "Claim Management".

(c) Each Transport Agency and/or 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; (ii) the Goods exceed the dimensions and weight recorded in the order on the Website; and (iii) if the Goods fall within the following list (see List of Prohibited Articles).

7. User’s Obligations

(a) The User warrants, undertakes and represents that:

(i) All Shipments must be properly packaged and protected for transport, observing the Packaging Guide, so that the Shipment will not be lost or damaged whilst being transported or cause injury or damage to any person, property or goods. Complaints about the Goods when the Packaging Guide has not been observed will not be accepted .

(ii) The Shipping Label and Address Sheet on the Shipment includes the full details of the Recipient;

(iii) All Shipping Labels, Address Sheets 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, denied party or embargo list.

(vi) Each Shipment complies with the weight and measurement that the User recorded during the contracting process (unless such details have been amended in writing). For more information about parcels size and dimensions visit: Parcel sizes.

(vii) He or she has accurately recorded the value of the Goods on the Shipment documentation

(viii) All data supplied by the User is accurate; and

(ix) He or she will provide the necessary documentation for the processing of claims within the periods indicated in Section 14: Claim Management; and

(x) He or she must have 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 User 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 User will indemnify Packlink for any loss or damages it suffers as a result of a breach of this warranty.

(c) In addition, the User 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 Packaging Guide.

(d) The User understands that, if he or she breaches the warranties 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.

8. 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 User's responsibility to verify that the item is not included on the 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, without the knowledge of the Transport Agency and/or Packlink, a Prohibited Item is shipped, the User will not be entitled to a refund for the costs of the Shipment of such Prohibited Item(s), or any other claim.

(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 User's responsibility to be aware of the terms of the relevant Transport Agency, or to pose questions through the Packlink eBay Help Center, 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 User. If the Goods cannot be retained, for safety or sanitation reasons, the Transport Agency may decide to destroy them, without prior notice and Packlink will not be liable for any losses.

9. 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 User is responsible for finding out whether there are taxes, charges or other payments imposed by Customs (the “Customs Charges”) in the destination country.

(b) Packlink offers advice in the FAQ section in relation to Customs Charges. This information is only for guidance only and the User should seek independent advice.

(c) The User or the Recipient must take responsibility for all Customs Charges. If either party fails to do so, Packlink will charge the User for all Customs Charges. Some countries apply a surcharge for the destruction/abandonment of the Goods, and the User will also be responsible for this surcharge.

(d) For Shipments that require delivery outside the European Union, the User 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.

(e) The User 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 User will be responsible for paying this surcharge.

(f) In certain cases, the User must also attach to the shipment an original Dispatch Authorisation, correctly filled out and signed. This document will be made available to the User 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.

(g) If the User 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.

(h) 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.

10. Payment

(a) Packlink’s charges for the Services shall be paid by the User and, in certain circumstances Packlink shall also have the right to demand payment from the Sender (if different from the User) or the Recipient. In these cases, the User shall be responsible for ensuring that payment is made.

(b) The User is responsible for paying Value Added Tax (VAT) and any other duties, tax, levies, custom assessments, fines or other penalties and costs, claims and expenses (including administrative costs) incurred by Packlink as a result of providing the Services.

(d) the payment methods accepted in delivery.ebay.co.uk are:

Credit or debit card: Visa, MasterCard.
PayPal Account.

11. Additional Charges

You may be liable to pay us for additional costs we incur as a result your failure to comply with these General Conditions. These will vary depending on the circumstances. Please see additional charges.

(a) Packlink has no control over additional charges imposed by the Transport Agencies (the “Additional Charges”).

(b) The User understands that Packlink is authorised to charge and collect all Additional Charges automatically using the same payment method described in Section 10 and the User will receive a notification informing him or her of such Additional Charge.

(c) All Additional Charges will be applied based on Packlink's published rates, without applying any discounts that the User 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 Weight/Volume Discrepancy

If the Shipment is of a weight or volume greater than the details which are declared at the time of 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 User for any Additional Charges.

(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 This 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.

12. 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, unless the User has purchased full compensation coverage as set out in Section 15 (b) be limited to £25.00 (twenty five GBP) for EVRi (other than Postable Service), Yodel and InPost delivery services , and to £60.00 (sixty GBP) for UPS and DPD delivery services, whereas EVRi Postable service does not include standard compensation. Packlink shall under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or indirect or consequential loss.

(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) Users may file claims through the Packlink eBay Help Center and should always complete the Packlink claim form.

(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 User 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 to the Delivery Site. 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 User agrees to co-operate with the Transport Agency and Packlink and provide all information that is reasonably requested.

(e) The User must complete the online claim form via Packlink eBay Help Center. The following are essential requirements to file a claim:

Complete the online claim form via the Packlink eBay Help Center.
Transport Agency delivery note signed by the courier (save for exceptional cases).
Commercial invoice (purchase/sale) of the Goods transported, or receipt. This should always feature matching data between the Sender and Recipient; if the User 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 should 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 should 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) The User hereby confirms his or her understanding that:

Confirmations of payment or collection through platforms such as PayPal, or eBay will not be considered as proof of the value of the Goods.
In the event that damaged Goods cannot be repaired, the User must provide proof from an expert.
In the exceptional circumstances of the user not being able to provide a damage repair budget, the User will be requested to complete a sworn declaration (Affidavit). This document will be used to verify the damage sustained to the Goods in the event of damage, the non-receipt of Goods in the event of a failed delivery or tampered parcel.
Each User who submits a claim is responsible for dealing with his or her own insurers.

(g) 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 Point.

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.

(h) The period for resolution of a claim for loss or damage may take a maximum of ninety (90) days. This period will begin when the file is complete and is conveyed to the insurer.

(i) Packlink will issue a settlement letter to the User and will transfer the agreed amount to the User’s nominated bank account. If the Goods are recovered after the User has been compensated, he or she is obliged to return the compensation to Packlink via bank transfer.

13. Compensation

(a) Packlink provides standard protection to the amount set out in Section 14 (a) (Limitation of Liability) for (i) loss, theft or obvious damage, indicated on the delivery note; and (ii) non-apparent damage, provided that an expert assessment determines that it was caused during the transport of the Goods unless any of the following exclusions apply: (i) the Goods transported are on the Prohibited or Restricted Items List, (ii) the Goods have suffered damage due to insufficient packaging; (iii) the User has not followed the correct procedure for bringing a claim under Section 14; or (iv) the User has not paid for the Service.

(b) If the User desires additional cover of the total value of the Goods, up to a maximum of £5000.00 (five thousand GBP) (the “Extra Protection”) he or she must specify this when purchasing the Services. If the User does not purchase Extra Protection, only standard compensation as described in Section 14 will apply.

When a User purchases Extra Protection, this refers to the total sale value of the Shipment, regardless of the number of packages that the Shipment includes. In the event of loss, the maximum compensation will be for the Extra Protection amount, pending documented justification of the value of the Goods in question.

The Extra Protection fee is non-refundable and the User is responsible for declaring the value of the Goods in question, which must be substantiated presenting invoices of the Goods in the event of a claim. If the claimant has not declared the actual value of the insured Goods, the compensation shall be reduced on a prorated basis.

Examples:

Lost Parcels

Actual value of the Goods: £400.

Value declared for Extra Protection: £300 (75% of the actual value).

Compensation: £225, i.e. Declared value (£300) x Percentage of the actual value (75%).

Damaged Goods

Actual Value of the Goods: £500.

Value declared for Extra Protection: £250 (50% of the actual value).

Loss Amount: £220.

Amount to be paid out: £110.

In cases in which the User purchases Extra Protection for more than one package, the average value per piece shall apply for compensation purposes. Thus, if the declared value of a shipment with Extra Protection containing two (2) packages is £1000.00 (one thousand GBP), maximum per-piece compensation shall be £500 (five thousand GBP).

The Extra Protection excludes damage and/or loss of used goods, which refers to any goods with an invoice date older than 60 days. In case of loss of damage for second-hand goods a devaluation will be applied.

ii. Items without protection

The following items, though their transport is not strictly prohibited, are not covered by any compensation, coverage established under domestic or international legislation related to transport, nor Extra Protection can be purchased for them: List of items not eligible for compensation.

iv. Packaging used

The User is responsible for ensuring that the packaging is adequate for the transport of the Goods. No claims will be accepted for Goods that do not comply with the Packaging Guide.

14. Cancellation of Orders

(a) All cancellation requests must be made from the email address used to purchase the Shipment and by using the help centre contact form.

(b) Packlink may cancel, at any time and without prior notice, any Service to a User appearing on the "Denied Party" list published by the European Commission. In all cases the Customer Service Department will inform the User of the cancellation of the order.

(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 User. When a Shipment is cancelled, 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 User 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 User;

(iii) If the User has fifteen (15) days from the collection date to request the cancellation of a Shipment, therefore Packlink will not refund the amount paid if you request the cancellation after fifteen (15) days from the collection date. However, the User 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, weight, volume, mark, etc.); and

(iv) User 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 User may not make a claim under Section 13 if it has cancelled 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 in 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 User within sixty (60) days.

(g) Packlink may cancel, at any time and without prior notice, any Service to a User in case of violation of these General Conditions.

15. 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;

(d) Shipments to and from Remote Areas, both domestically and internationally; and

(e) Incorrect and/or underreporting the weights or measurements of the Goods.

16. Restricting User 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 User in any of the following circumstances:

(a) the User appears on the Denied Party list published by the European Commission

(b) there is a regulatory or legal change that limits Packlink's ability to provide access to it;

(d) the User is in breach of these Conditions, and such breach cannot be rectified;

(e) the User is abusive towards Packlink or other users of the Service; and

(f) the User has violated these Conditions, Packlink’s Terms of Use or Privacy Policy.

17. Use of User’s Personal Data

(a) User provides Personal Data to Packlink in order for Packlink to provide the Services.

(b) If User is an individual, Packlink will act as a Data Controller, and if User is a company/business user, Packlink will act as a Data Processor and User is a Data Controller (as such terms are defined in the Data Protection Laws).

(d) Packlink may share Personal Data with the Transport Agencies and any other third-party sub-processors.

(e) The User has obtained all necessary consents from the Recipient as required under the Data Protection Law 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.

18. 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. User 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 Contract.

(f) Notices. Any notice given to a party under or in connection with the Conditions shall be in writing and shall be delivered by e mail pursuant to [the instructions for communication on the registration page of the Website].

(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.

19. 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 November 2023