The following standard terms and conditions apply to every contract or arrangement entered into by Us for the supply of Services to You.
In these Conditions:-
1.1. the following words and expressions have the following meanings:-
Our charges for the provision of the Services;
the address set out in the Order for the collection of the goods by Us or the Courier (as applicable);
the terms and conditions for the provision of Services, as set out in this document, together with any Special Conditions;
the contract between Us and You for the provision of the Services, on the Conditions;
the Person who collects the Goods (either from Us or from You) and delivers the Goods to Customers on Your behalf;
any Person with whom You have contracted for the delivery of Goods;
the address set out in the Order for the delivery of Goods by the Courier to Your Customer;
the Data Protection Act 2018;
“E. Commerce Service”
where We collect Goods from You, store and sort the Goods, and arrange for their onward transmission by a Courier;
where We organise the collection and delivery of Goods for You by Couriers;
goods and items You require Us to collect, sort, store and deliver to Customers (dependant on the relevant Service selected);
includes (without limitation) loss by reason of theft, destruction, damage, unavailability, contamination, or deterioration, any loss arising from delay, non-delivery, mis-delivery, or any consequential, special, indirect, incidental or punitive damage or loss of profits or other form of economic loss, however arising;
the document or communication produced by You containing (amongst other things) the matters listed in Condition 2.3;
any individual, body corporate, limited liability partnership, governmental body or any entity having a separate legal personality;
the provision of either the E. Commerce Service or the Express Service (as applicable);
Our premises (as notified from time to time on Our website);
any conditions relating to the Services which are set out in the Order and which are material to the provision of the Services;
the tariff for Our Charges and other services and bespoke arrangements as notified to You on opening an account with Us, and periodically notified to You thereafter;
“Us”, “We”, “Our”
Interdelta Limited (company number 5103858) trading as ITD Global (and including Our employees);
Interdelta Limited Trading as ITD Global Terms & Conditions 2021
written documents, or email communication, or communication through Our online shipping portal;
the Person who enters into the Contract with Us and who accepts performance of the Services, whose details are set out in the Order.
1.2. the singular includes the plural and vice versa, and words incorporating one gender include all genders.
1.3. headings are for ease of reference only.
2.1. The Order constitutes an offer to require provision of the Services.
2.2. The Contract comprises these Conditions and the Order (which forms part of the Contract for all purposes).
2.3. The Order must be given to Us in Writing and contain (as a minimum) the following instructions:-
2.3.1. whether You require the Express Service or the E. Commerce Service;
2.3.2. the kind of Goods and descriptions or classifications (i.e. dangerous goods);
2.3.3. the value of Goods (cost not retail value);
2.3.4. the type of packing with contents, numbers, quantity and weight (gross/net) or packages;
2.3.5. a complete Delivery Address (including post code);
2.3.6. the address of the shipper/consignee (for Express Services);
2.3.7. the method of transportation (sea/air/road/rail/express/containerised cargo etc) (for Express Services);
2.3.8. the Collection Point;
2.3.9. any Special Conditions;
2.3.10. Your choice of Courier (if applicable);
2.3.11. any special instructions in respect of customs clearance, issue of documents, etc.
It is Your responsibility to transmit the information set out above correct and complete.
2.4. No contract shall have been formed until the offer constituted by Condition 2.1 has been accepted by Us (and such acceptance may be made orally, but confirmed in Writing). We will notify You of Our Charges at that time and unless you notify Us within 24 hours to the contrary, those Charges will apply to the Contract.
2.5. Only these Conditions apply to the Contract, and also to all other contracts or arrangements between Us and You for the provision of any Services (other than any Special Conditions relevant to particular contracts). These Conditions override any other terms, conditions or warranties You may seek to impose. Your acceptance of the Services (or any part thereof) shall be conclusive evidence that these Conditions are accepted by You. These Conditions supersede any previous terms and conditions which may have regulated dealing between Us and You.
2.6. No amendment or variation to the Contract is valid unless agreed to in Writing by Us.
2.7. If You wish to cancel the Contract before the Goods have been collected by Us or the Courier (as applicable), You may do so by giving Us notice in Writing to that effect at least 24 hours prior to planned collection and subject to Your paying Our reasonable administrative costs or aborted transport costs relating thereto. Contracts cannot be cancelled once the Goods have been collected from the Collection Point.
2.8. The latest version of these Conditions is available on Our website. We reserve the right to amend the Conditions from time to time by giving 28 days’ notice. If You do not agree to Our proposed amendments, then You must notify Us in Writing of Your objections within 10 days of receipt of Our notice. If You do not do so within that time period, You will be deemed to have agreed and accepted Our variation to the Conditions as notified to You, which will take effect from the expiry of 28 days from the date of Our notice.
3. OUR RESPONSIBILITY TO YOU
3.1. We will use all reasonable endeavours to ensure that the Services (both by Us at the Site and by the Courier) are performed with all reasonable skill and care.
Interdelta Limited Trading as ITD Global Terms & Conditions 2021
3.2. Should You have chosen the E. Commerce Service, then:-
3.2.1. We may deal with and/or mix apparently similar Goods consigned by You without distinguishing between consignments.
3.2.2. We will receive Goods from You, sort them, check them and store them at the Site. Product barcodes, photos, weights and dimensions are all captured in Our command portal.
3.2.3. We may give advice as to the storage of Goods, but will not be liable for any such advice unless specifically incorporated into the Special Conditions.
3.2.4. We will reconfigure batches of Goods into large consignments or smaller bundles, and appropriately relabel them, but We shall have no liability for any inaccurate labelling or reconfiguration if You provide Us with incomplete, inaccurate or misleading information or instructions.
3.2.5. We shall provide security for the Goods whilst at the Site.
3.2.6. We shall maintain the Site in good condition so that Goods are not subject to extremes of temperature or weather (other than in the event of a major incident outside of the ordinary course of business).
3.2.7. We shall employ responsible employees to hand pick and scan Goods, and sort them into the relevant container to be despatched with the correct carrier.
3.3. We reserve the right to select and engage apparently competent contractors for the collection, and/or onwards transmission of Goods to Customers as specified in the Order at Our own discretion, which may include selecting Our own Courier in preference to Your choice, and shall relay to them the instructions in relation to the delivery of the Goods as received from You. We shall engage any Courier as Your agent at Our own discretion.
We may also use Our own vehicles and staff for the collection of Goods for part, or all, of the relevant journey.
3.4. We shall not, nor shall We, require the Courier to, provide any special treatment of the Goods unless You have specifically so requested in the Special Conditions.
3.5. We will use reasonable endeavours to ensure You have access to Our online portal which will contain a dashboard of live data relating to Your shipments, so You will be able to maintain full visibility of Your Goods to delivery to Your Customer. However, We accept no liability if Our command portal is unavailable for technical or other reasons, or You are unable to access or use data or reports due to incompatible software.
4. YOUR OBLIGATIONS
4.1. You undertake to Us that You are either the owner of the Goods, or duly authorised by the owner to accept these Conditions in relation to the Goods on the owner’s behalf (including, without prejudice to the generality of the foregoing, the authority of the owner to release the Goods to the Customer).
4.2. You must inform Us at the time of placing Your Order with Us of all relevant matters concerning the Goods, or their storage or handling, including (by way of illustration and not limitation) any special precautions that are required to be taken because of the nature, weight, condition and composition or character of the Goods, together with any statutory or other legislative duties relating to the Goods with which either We or the Courier will need to comply. We will have no liability to You should any loss, damage or other harm occur to any Goods on account of Your failure to provide Us with complete and accurate information concerning the Goods and their storage and handling.
4.3. You will provide Us with all relevant information relating to the Collection Point, and also the Delivery Address. We reserve the right to levy additional Charges should any such information prove incomplete or inaccurate (including, charges for storage until the Goods are actually collected, or delivered, and the costs of redelivery).
4.4. You will ensure that Goods are ready for collection by Us securely and properly packed compliant with all relevant statutory or legislative requirements relating to the Goods. The Goods must be received by Us in such condition so as to be safely handled, stored and carried by Us.
4.5. It is Your responsibility to ensure that Goods do not cause injury, damage, contamination or deterioration to any Person and You will fully and effectively indemnify Us on demand for any Loss We may incur or suffer on account of Goods which are hazardous, or which cause harm to human health or the environment, or damage to property, or where We are prosecuted fined or otherwise penalized by any relevant authority on account of Our dealing with the Goods or Our breach of any relevant statutory obligation.
4.6. You promise Us that none of the Goods are illegal or constitute offensive materials (whether by virtue of being pornographic, racist, blasphemous or calculated or likely to cause offense to others).
4.7. You will be solely responsible for obtaining any necessary import or export licences or other documents in respect of the Goods. Further, You will be responsible for ensuring that the packaging for the Goods (including shipping labels with the appropriate bar codes) is properly addressed and completed.
4.8. You must print out and correctly complete the Courier’s pre-printed label (which is accessible via Our portal) and attach it to the correct item of Goods. We have no liability to You if You fail so to do. The label should be securely attached to the Goods, and any detachment of the label from the Goods shall be Your responsibility.
5. INSURANCE AND LIABILITY
5.1. Goods will be insured by Us to the level of cover offered by each relevant Courier. You may choose to take a higher level of cover in consideration of the payment of an additional premium. That increased level of cover can be obtained from Our list of charges as notified to You.
5.2. We are not liable for the acts and omissions of third parties, such as (but not limited to) Courier’s, warehousemen, stevedores, port authorities and other freight forwarders, unless We have failed to exercise due diligence in selecting or instructions such parties.
5.3. These Conditions apply whenever a claim is made against Us or the Courier. If and to the extent that Loss is directly caused by Our negligence, wilful act, or breach of the Contract, then Our liability to You in respect of such Loss shall be limited to the smallest of the following:-
5.3.1. the actual amount of any Loss suffered by You;
5.3.2. the Charges relating to the Contract; or
5.3.3. the level of cover provided by the Courier to Us.
5.4. The limitations set out in Condition 5.3 shall continue to subsist indefinitely notwithstanding the termination of the Contract.
5.5. We promise to exercise reasonable skill and care in the provision of the Services, but if any breach of this promise by Us causes death or personal injury, then We shall accept liability.
5.6. Our liability under Conditions 5.3 and 5.5 shall be to the exclusion of all other liability to You whether contractual, tortious or otherwise, and all conditions, or warranties whatsoever concerning the Services (whether express or implied) are excluded to the fullest extent permitted by law. Without prejudice to the generality of the foregoing, in no circumstances shall We be liable for any special, indirect or consequential loss or damage or economic loss of any nature whatsoever.
5.7. You agree and acknowledge that if Our Courier is unable to deliver the Goods on account of the Customer not being present, or the Courier being unable to gain entry to the Delivery Address, or for any other reason beyond the Courier’s control (including, but by way or illustration and not limitation, incorrect details as to the Delivery Address supplied by You), then Courier will return the Goods to Our Site and We will arrange for those Goods to be returned to You as soon as practicable thereafter.
We will levy a charge for storage, handling, administrative time and forwarding costs in respect thereof.
5.8. We have no liability to You if:-
5.8.1. You have incorrectly selected the Service You require, or the incorrect Courier to provide the Service You require; or
5.8.2. You have given Us the incorrect Delivery Address; or
5.8.3. You have given an item of Goods to the wrong Courier; or
5.8.4. any Goods do not carry any Courier scans or labels and subsequently cannot be located; or
5.8.5. Goods are delivered outside of the Courier’s official transit hours.
5.9. If the Courier has delivered the Goods, but the ultimate recipient of the Goods then believes them to be faulty, defective or otherwise not in accordance with the Customer’s order with You, then the Customer should take the matter up directly with You and We will refer any claims made to Us by a Customer in these circumstances to You.
6. Unless We receive written notification with relevant supporting documents from You within 5 days of processing of Goods to a Customer that those Goods are incorrect, incomplete, damaged or otherwise do not comply with the Customer’s order placed with You, or within 12 days of the processing date in the case of Goods which have apparently gone missing or which have not apparently been delivered, then the Goods will be deemed to have been properly delivered in accordance with Your instructions and You will not be able to bring any claim against Us for any alleged failure in performance of the Services. Where a loss or damage has been confirmed by the carrier, you will have 12 days to request a claim with all relevant documentation. Time of notification shall be of the essence. You must notify Us of any potential complaint by completing the ITD Web form: https://support.itdglobal.com/hc/en-gb/requests/new giving the full details of any issues forming the basis of such complaint. We shall then have reasonable time to investigate and respond. You agree not to settle or resolve any claim from Your Customer, or admit liability to Your Customer, in respect of any claim concerning Our performance of the Services, without (a) having afforded Us that reasonable time to investigate and (b) without having received Our written permission so to do. If You admit liability to Your Customer without Our agreement, then any compensation or other monetary payment or recompense made to Your Customer by You shall be solely Your responsibility.
6.1. Whilst We shall use reasonable endeavours to deliver Goods to Your Customers on the dates agreed by You with each such Customer, those dates are approximate and We shall not be liable for any Loss arising from delivery on dates other than those originally agreed with Your Customer. Time of delivery shall not be of the essence, and You shall not be entitled to cancel the Contract, or withhold payment of Our Charges on account of any delay howsoever caused.
6.2. If We are notified of any complaint within the time set out in Condition 5.10, We will use reasonable endeavours to investigate the issues and rectify any proven or agreed issue to the satisfaction of the Customer.
7.1. Our Charges for the Services are set out in the Tariff (or on Our booking portal if notified to You). Duty and taxes applied by the relevant tax authorities in any part of the world will be itemised and recharged to You and You will be liable to reimburse Us with these payments or amounts in full. Furthermore, We have the right to recharge to You any additional surcharges or fees levied by a Courier in respect of the delivery of any Goods.
7.2. All Charges to be made in pounds sterling and (where applicable) are subject to VAT which shall be payable in addition.
7.3. We have the right to increase Our Charges, or withdraw or suspend any provision of the Services, with immediate effect, to account for:-
7.3.1. any alterations to the Services requested by You after the date of the Contract, including material changes to the Goods from that agreed in the Order;
7.3.2. for increases in any costs outside of Our control (including but are not limited to costs of postal services, external couriers, pallet networks, technology and raw materials);
7.3.3. any increases or variation in the audited weight and/or dimensions of a parcel when received by Us, compared to the weight/dimension of that parcel as registered with Us at the time of booking the Services in respect of those Goods.
7.4. The time for payment of Our Charges (and all other sums referred to in Condition 6.1) is set out in the Tariff. All payments must be made by Direct Debit or in accordance with any other agreement made by Us with You. We may make an administration charge, and charge for any additional costs incurred in processing payments not made in accordance with this Condition.
7.5. Interest on overdue invoices shall accrue (both before and after judgment) from the date such payment became due to the date of actual payment in full at a rate of 8% per annum calculated and compounded daily. You agree to reimburse Us all costs and expenses (including legal costs on a full indemnity basis) incurred in the collection of any overdue account. If You fail to make any payment due to Us on the due date, then without prejudice to any other right or remedy available to Us, We shall be entitled to cancel or suspend the Contract so far as any Services remain to be performed by Us.
7.6. No right of set off shall exist in respect of any claim by You against Us unless and until such claim is accepted by Us in Writing, and You are not entitled to withhold all or any part of any sum which has become due to Us under the Contract.
7.7. No insurance for the Goods of any kind (including but not limited to insurance for consequential loss) is included in Our Charges unless specifically agreed with Us in Writing.
8. FORCE MAJEURE
We shall not be liable for any delay or failure to perform Our obligations under the Contract if such delay or failure results from any act of God, war, strikes, lock-out, explosion, civil disturbance, industrial action, fire, flood, drought, pandemic, tempest Governmental ordered lock down, quasi-governmental action, default of suppliers or subcontractors, severe snow or ice, or any other event beyond Our reasonable control. Such delay or failure shall not constitute a breach of the Contract and We shall be entitled to a reasonable extension of time for performing Our obligations under the Contract in the event of an occurrence as referred to in this Condition.
9. CORRESPONDENCE BY EMAIL
Whilst We have taken all reasonable precautions in the scanning of emails and attachments prior to leaving the Our network, We cannot accept liability for any special Loss (including loss of profit, loss of expected future business, damages or expenses payable to a third party) arising from the alteration of the contents of any email or attachment, or as a result of any virus being passed on. It is Your responsibility to take all prudent safeguards in relation to the prevention of corruption of Your systems by viruses.
Routine communications concerning day to day operations between Us and You may be conducted by email or through Our online portal, but any other notice as referred to in these Conditions which is required or permitted to be given under these Conditions, by either party to the other, shall be in Writing addressed to that party at its registered office, or such other place of business or address as may at the relevant time have been notified to the party giving the notice. In proving that a notice was validly given, delivery was made by hand, or that the envelope containing the notice was properly addressed, stamped and posted.
These Conditions are separate and severable and enforceable accordingly, and considered reasonable by You, but in the event that any Condition shall be found or held to be void, severed from the Contract, and the remainder of the Contract shall continue in full force and effect, and shall not be prejudiced or affected by the unenforceability or illegality of the Condition in question.
The Contract shall be governed by the laws of England and Wales and both You and We agree to submit to the exclusive jurisdiction of the English Courts in the interpretation of this Contract or the resolution of any dispute arising under its terms.
Without prejudice to any other provision of these Conditions and the provision of the Services, We shall be entitled to terminate the Contract without liability on Our part if You:-
13.1. shall commit any material breach of the Contract;
13.2. make any voluntary arrangement with creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation; or
13.3. permit an encumbrancer to take possession, or a receiver to be appointed over any of Your property or assets.
You shall not assign the Contract or any part of it without Our prior written consent.
15. DATA PROTECTION
15.1. In the provision of the Services, We (as data processor) will be expected to process data relating to You (as data controller) and Your Customers. The data will cover Customer information with regard to the Services, comprising Customer data; including name, surname, billing address, delivery address, email, phone.
15.2. We will:-
15.2.1. only act on Your written instructions (unless required by law to act without such instructions);
15.2.2. ensure that people processing the data are subject to a duty of confidence;
15.2.3. take appropriate measures to ensure the security of processing;
15.2.4. only engage a sub-processor with Your prior consent and a written contract;
15.2.5. assist You in providing subject access and allowing data subjects to exercise their rights under the DPA;
15.2.6. assist You in meeting Your DPA obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments; and
15.2.7. delete all personal data once it is no longer required.
15.3. Our liability for any breach of these obligations is as defined in this Contract, save that nothing within the Contract relieves Us of Our own direct responsibilities and liabilities under the DPA.