The Customer’s attention is drawn in particular to the provisions of clause 30, which limits Ship2me’s liability in certain circumstances.
1.Definitions
Collection Only Service - The receipt of Goods into the SCH, transport of the Goods to Alderney and Sark. This is the only service available to Customers residing in these islands, subject to and in accordance with the Terms and Conditions.
Customer - An individual who successfully purchases the Services by placing an order on the Ship2me website.
Dangerous Goods - Any Goods the carriage of which is governed by the European Agreement concerning the International Carriage Of Dangerous Goods By Road (ADR) or is classed as dangerous by the International Maritime Dangerous Goods (IMDG) or by the International Maritime Organisation (IMO) including but without limitation firearms, shotguns and any Goods which are, in the opinion of Ship2me, noxious, dangerous, hazardous, inflammable, explosive or likely to cause damage or which, if they escaped from their packaging, would or might cause pollution of the environment or damage to human health. The expression "Goods likely to cause damage" includes Goods likely to harbour vermin or other pests, but this shall in no way limit the generality of the phrase.
Dangerous goods Notice (DGN) - £25 excess charge for items that are defined as Dangerous goods that have been stated as being stable enough to be transported and delivered through the ship2me network. Items that require this notice are stated in the separate document ‘Guide to Prohibited and Restricted Items through ship2me.’ This is available on the FAQ page on the ship2me website.
Delivery Service - The receipt of Goods into the SCH, transport of the Goods to Jersey or Guernsey (as requested by the Customer at the time of booking) and delivery of the Goods to the delivery address in Jersey or Guernsey provided by the Customer at the time of booking, subject to and in accordance with the Terms and Conditions.
Excepted Items - Categories of goods or elements contained within goods which Ship2me does not accept for carriage, as published on the Website.
Goods - The goods and package(s) which are the subject of the Services provided to the Customer.
GST - Goods and Services Tax.
Rates - The rates payable for the Services as published on the Ship2me website.
Safe Place - A location at the delivery address as registered with your local postal agent, which location is specified by the Customer as its chosen "Safe Place".
Services - The Collection Only Service and/or the Delivery Service. These delivery services are determined by the Customer’s Island of Residence. Jersey and Guernsey Customer’s Goods are delivered on the Delivery service. Alderney and Sark Customer’s Goods are available for Collection only at their local Warehouse.
Ship2me - Ship2me Limited, a Jersey registered company with number 102000.
South Coast Hub ("SCH") - The warehouse in the UK at which Ship2me will accept deliveries of Goods from or on behalf of a Chosen Retailer following the purchase of the Services by a Customer.
Special Instructions - Instructions provided by the Customer at the time of placing an order, in relation to the delivery of the Goods at the delivery address provided by the Customer, with which the Customer wishes Ship2me to comply. For the avoidance of doubt Ship2me is not obliged to comply with the Special Instructions where it considers, in its absolute discretion, that it is inappropriate to do so.
Terms and Conditions - These terms and conditions as stated in this document. Ship2me are a Jersey Post owned business, and run in accordance to their general Terms and Conditions if not stated in this document.
Chosen Retailer - The retailer from whom the Customer has purchased the Goods.
Warehouse – Where Customer’s Goods are received after being dispatched from SCH, ready to be collected or delivered to the Customer.
Website - The website at www.ship2me.co.uk
2.Interpretation
2.1. Words importing the singular include the plural and vice versa, words importing a gender include every gender and references to persons include bodies corporate or unincorporated.
2.2. The words "such as", "for example", "including" and similar expressions are not used as nor are intended to be interpreted as words of limitation.
2.3. The headings to the clauses are for convenience only and have no legal effect.
3.Entire Agreement
3.1. These Terms and Conditions constitute the entire agreement between Ship2me and the Customer regarding the Services.
4.Customer’s obligations
The Customer is obliged:
4.1. to submit accurate information at the time of booking the Services on the Ship2me website, including in relation to the size, content or type of the Goods, the value of the Goods, the Customer’s contact details and the address for delivery (if applicable).
4.2. to pay the correct fee for the Services in accordance with the Rates.
4.3. to pay directly to Customs all applicable taxes, levies or duties due in relation to the purchase and importation of the Goods. For the avoidance of doubt the Customer shall remain responsible for the payment of such taxes, levies or duties at all times and Ship2me shall have no liability to the Customer in connection with the same or for any fines or penalties or costs imposed or incurred by the Customer.
4.4. in the case of Services comprising delivery to a delivery address in Jersey or Guernsey, to accept or arrange the acceptance of delivery of the Goods at the delivery address in Jersey or Guernsey provided by the Customer at the time of booking the Services; and
4.5. in the case of Services consisting of delivery to the Warehouse only, to collect or arrange the collection of the Goods from the Warehouse (with appropriate identification documentation as defined below) within 14 days of Ship2me sending notification of the goods’ arrival to the Customer using the email address provided by the Customer at the time of booking the Services.
5. Service available only to residents of The Channel Islands
As a result of regulatory requirements relating to the sale of insurance services, the Ship2me Services may only be used by residents of the Channel Islands and Ship2me has the right to refuse any customers who reside in any other location.
6.Right to refuse to transport
6.1. Ship2me reserves the right to refuse to transport any item or Goods to Jersey or Guernsey at any time, at its absolute discretion, whether or not the Customer has paid a fee in respect of the Service.
6.2. Where it does so, Ship2me will refund the fee the individual or company has paid upon making the order, if any.
6.3. Where Ship2me rejects an order pursuant to this clause and the Goods have already or are subsequently delivered to the SCH, Ship2me will notify the Customer that the Goods are being held at the SCH.
6.4. If the Customer does not collect or arrange collection of the Goods from the SCH (with appropriate identification documentation as defined below) within 14 days of Ship2me’s first sending notification to the Customer that the Goods are being held at the SCH, Ship2me shall be entitled in its absolute discretion to arrange for the collection of the Goods by the Chosen Retailer or destroy the Goods without further liability to the Customer in respect of the Goods or their value and may off-set any proceeds against any associated administrative and other costs.
7.Customer’s indemnity for any loss or damage caused by the Goods
The Customer indemnifies Ship2me for any loss or damage suffered by Ship2me or loss or damage suffered by any third party for which Ship2me may be found liable (including claims, fines, penalties and legal costs awarded against it), where such loss or damage is caused by the Goods.
8.Customer’s indemnity in respect of failure to pay taxes, duties or make correct declarations
8.1. The Customer indemnifies Ship2me for any losses or costs (including legal costs) incurred by Ship2me or penalties or fines imposed against it, as a result of the Customer’s failure to make a correct declaration to Ship2me or any authority or pay any applicable taxes, levies or duties due in relation to the purchase and importation of the Goods.
8.2. The Customer warrants to Ship2me that the Goods and their
transportation are legal and that, in storing and transporting the Goods between the UK and the Channel Islands as applicable, Ship2me will not be in breach of any law or regulation. The Customer shall indemnify Ship2me in respect of any loss, claims, demands, proceedings, fines, penalties, damages, costs and expenses (including any loss of or damage to the carrying vehicle and to other Goods carried) arising out of as a result of the Goods or their transportation being held to be illegal or in breach of any law or regulation.
9. Conditions upon which the Services will be provided
The Services will be provided on the following conditions:
9.1. That the Goods are delivered to SCH by or on behalf of the Customer or the Chosen Retailer, as appropriate;
9.2. That the Goods are suitably and correctly labelled with the Customer’s Ship2me Identification code and full name.
9.3. That the Goods appear to be in good condition and suitably packaged for safe transport to Jersey or Guernsey upon arrival. If Goods or their packaging reasonably appear to Ship2me to be broken or damaged or inadequate Ship2me may notify the Customer and hold the goods at SCH for collection by or on behalf of the Customer or the Chosen Retailer;
9.4. The provision of complete and accurate information by the Customer at the time of making the booking.
9.5. For the avoidance of doubt items that are delivered after 16:00 will not be officially receipted into the hub until the following day from when the two working day deadline will commence. For example, an item delivered at 15:30 on a Tuesday will not be officially received into the Hub until Wednesday from when the delivery window will apply.
9.6. Goods are paid in full. For Customer’s opting to pay on arrival for their goods, the goods must be paid in full before they are able to be dispatched from SCH to be released on delivery by the warehouse. Goods not paid in full will be held at SCH until payment is complete by the Customer.
9.6.1 If the Customer fails to pay in full for their Goods, within 14 days of Ship2me’s first sending notification to the Customer that the Goods are being held at the SCH, Ship2me shall be entitled in its absolute discretion to arrange for the collection of the Goods by the Chosen Retailer or destroy the Goods without further liability to the Customer in respect of the Goods or their value and may off-set any proceeds against any associated administrative and other costs.
10. Cancellation of an order
10.1. The Customer may cancel an order for the Services, by clicking the "cancel" option on the Ship2me website, at any time until the Goods are received into the SCH.
10.2. Where the Customer cancels an order in accordance with this clause the Goods will be rejected by Ship2me on arrival into the SCH.
11.Delivery Service: Where Delivery of Goods Poses a Risk of Injury or Damage to Property
11.1. Where the Customer has purchased the Delivery Service and Ship2me, in its absolute discretion, considers that to deliver Goods to the delivery address provided by the Customer at the time of booking, would pose a risk of injury to any person (including Ship2me’s employees or agents) or damage to property (whether the Customer’s, Ship2me’s or a third party’s) Ship2me may refuse to deliver Goods to the delivery address.
11.2. For the avoidance of doubt, in the circumstances described in clause 11.1 above, the Customer will not be entitled to any refund in whole or part of the fee the Customer has paid in respect of the Services.
11.3. In such circumstances, Ship2me may, at its discretion, offer to deliver the Goods to the place which Ship2me’s employees or agents seeking to effect the delivery consider to be the closest point to the delivery address at which delivery would not pose a risk of injury to any person or damage to property, along with an excess charge of £25 to attach a ‘Dangerous Goods Notice’.
11.4. Alternatively at its absolute discretion, Ship2me will retain the Goods at or return the Goods to the Warehouse.
12. Right to retain undeliverable Goods
12.1. Where the Customer has purchased the Delivery Service, if Ship2me is unable to deliver the Goods for any reason (including in the circumstances described in clause 11 above, or because an inaccurate delivery address was provided by the Customer at the time of placing an order, or because there is no-one to take delivery at the delivery address or Ship2me is unable to comply with any Special Instructions) Ship2me will retain the Goods at the Warehouse and will attempt to notify the Customer using the contact information provided by the Customer at the time of booking the Services.
12.2. Once the goods have been dispatched, Ship2me hands over the goods to the Local delivery service. If the goods have been retained or delivery cannot occur for another reason, the Customer will need to contact their local delivery/postal agent.
12.4. Ship2me will not in any circumstance return Goods to SCH for failed attempts in delivery, damaged goods in transit or any other scenario. This is due to customs payment and refund complications.
13. Identification required upon collection of Goods from the Warehouse or SCH
Where the Customer collects or arranges collection of the Goods from the Warehouse or SCH, Ship2me shall be entitled to refuse to allow collection until the Customer or the person collecting the Goods on his or her behalf produces official photographic identification documentation as reasonably required by Ship2me.
14.Delivery Service: No right to refuse to take delivery of Goods
Where the Customer has purchased the Delivery Service and the Service has not been cancelled in accordance with the provision above, the Customer has no right to refuse to take delivery of the Goods. Ship2me is not obliged to accept the return of any Goods, to remove any Goods, or to store any Goods at the point of or after delivery.
15.Return Service at time of delivery
15.1 Ship2me cannot return Goods to SCH under any circumstance. For example, the Goods are unwanted, and the Customer wishes to return them to the Chosen Retailer, if there have been multiple failed attempts in delivery and the customer cannot be reached or if goods are damaged in transit.
16. Reclaim of VAT
On request from the Customer, Ship2me will provide the Customer with proof of export in respect of the Goods transported by Ship2me pursuant to the order. However, the Customer acknowledges that the Chosen Retailer is not under any legal obligation to refund VAT to the Customer in such circumstances and the Customer acknowledges that Ship2me does not warrant that use of the documents provided will lead to the successful reclaim of VAT from the Chosen Retailer. Ship2me has no liability to the Customer in respect of the use of the documents provided and/or for any failure of the Customer to successfully reclaim VAT.
17.Payment of Customs duties and GST
17.1. The Customer is responsible for providing the correct information as to the value of the Goods at the time of placing an order, including for the purposes of calculation of the Customs duties and/or GST payable. The value of the Goods stated by the Customer does not include any packaging, freight or transport costs charged by the Chosen Retailer or other party transporting the Goods to the SCH.
17.2. All Costs attributed to duties and GST are payable directly to the relevant customs authority.
17.3. Where goods are imported from outside the Chosen to the Ship2me address, the original country of export must be declared and the relevant commodity code must also be supplied. It is the Customer’s responsibility to supply Ship2me with this information. Failure to declare this information correctly may result in the good’s being held by the relevant customs authority.
17.3.1 Please follow the link for relevant information regarding commodity codes. Check how to import or export goods - GOV.UK (www.gov.uk)
17.4. The Customer shall indemnify Ship2me in respect of any loss, claims, demands, proceedings, fines, penalties, damages, costs and expenses arising out of the Customer’s failure to declare the correct value of the Goods.
17.5. The Customer acknowledges that the Goods may be retained by Customs or the Services otherwise delayed as a result of the actions or requirements of Customs and that Ship2me shall not be liable for such a delay.
18.Goods on which GST is not payable
In respect of the importation of Goods on which GST is not payable (for example because the Goods are subject to relief from GST) or is not payable at the time of importation, Customers will need to query these issues with Customs themselves as Ship2me do not act as “Approved Clearance Agents”. Ship2me have no control over the rates payable to Customs.
19.GST on replacement Goods and returned Goods
Ship2me is unable to return items to the SCH once delivered. Where the Customer procures or the Chosen Retailer sends replacement Goods, and these are transported using the Services, it is regrettable that GST will be payable again by the Customer in respect of the replacement Goods. Any attempt to reclaim the GST on either instance of importation must be made by the Customer directly to Jersey Customs.
20.Fees
20.1. The Customer recognises that the calculation of the fees paid by the Customer at the time of booking the Services is based, in part, on information furnished to Ship2me by the Customer and shall not in any event be deemed to be a contractual commitment on the part of Ship2me as to the eventual fees payable in respect of the Services which shall be calculated in accordance with the Rates.
20.2. Where, upon receipt of the Goods at the SCH, it transpires that any additional fees are payable by the Customer in respect of the Services, Ship2me will send notification of this to the Customer at the email address provided by the Customer at the time of booking the Services and will hold the Goods at the SCH until the balance due is paid.21.3. Without prejudice to the generality of clause 21.2 above, if the Customer has submitted the wrong information with regard to the size of the package containing the Goods which are to be transported, and has therefore paid the wrong fee for the Services, Ship2me will:
20.3.1. If the package containing the Goods is smaller than the Customer indicated at the time of placing the order, Ship2me will deliver the Goods as ordered by the Customer.
20.3.2. If the package containing the Goods is bigger than the Customer indicated at the time of placing the order, retain the Goods and notify the Customer of the difference payable between the fee paid by the Customer at the time of placing the order and the correct fee payable in accordance with
the Rates. Ship2me will send notification of this excess fee to the Customer at the email address provided by the Customer at the time of booking the Services. Once the balance due has been paid, Ship2me will deliver the Goods.
20.4. If the Customer has submitted the wrong information with regard to the number of packages in which the Goods will be packaged and delivered by the Chosen Retailer, and has therefore paid the wrong fee for the Services, Ship2me will:
20.4.1. If the Goods arrive at the SCH in fewer packages than the Customer paid for at the time of placing the order, deliver the Goods as ordered by the Customer
20.4.2. If the Goods arrive at the SCH in a greater number of packages than the Customer stated at the time of placing the order, retain the Goods and notify the Customer of the difference payable between the fee paid by the Customer at the time of placing the order and the correct fee payable in accordance with the Rates. Ship2me will send notification of this excess fee to the Customer at the email address provided by the Customer at the time of booking the Services. Once the balance due has been paid, Ship2me will deliver the Goods.
20.5. In the circumstances referred to in clauses 20.2, 20.3.2 and/or 20.4.2, if the Customer fails to:
20.5.1. pay the balance due; or
20.5.2. If Customers no longer wish to have the Goods delivered they must arrange collection of the Goods from the SCH (with appropriate identification documentation as defined below). In this Circumstance the customer will not be refunded as the order is cancelled post-delivery to SCH, Ship2me may use the fee from the Customer’s order to off-set any proceeds against any associated administrative, storage and other costs; within 14 days of a request for payment sent to the email address provided by the Customer at the time of booking the Services, Ship2me shall be entitled in its absolute discretion to arrange for the collection of the Goods by the Chosen Retailer or destroy or sell the Goods without further liability to the Customer in respect of the Goods or their value and may off-set any proceeds against any associated administrative and other costs.
20.6. For Customer’s opting to pay on arrival for their goods, the goods must be paid in full before they are able to be dispatched from SCH to be released on delivery by the warehouse. Goods not paid in full will be held at SCH until payment is complete by the Customer.
20.6.1 If the Customer fails to pay in full for their Goods, within 14 days of Ship2me’s first sending notification to the Customer that the Goods are being held at the SCH, Ship2me shall be entitled in its absolute discretion to arrange for the collection of the Goods by the Chosen Retailer or destroy the Goods without further liability to the Customer in respect of the Goods or their value and may off-set any proceeds against any associated administrative and other costs.
21.Right to subcontract
21.1. Ship2me may subcontract any part or all of the provision of the Services to a third party.
21.2. Performance of Ship2me’s obligations under these Terms and Conditions by agents or subcontractors appointed by Ship2me and acting on its behalf shall constitute performance of such obligations by Ship2me.
22.Excepted Items and Dangerous Goods
22.1. Ship2me does not accept Goods for carriage comprising or containing Excepted Items or Dangerous Goods (as defined in clause 1).
22.2. Should the Customer or other person cause any Excepted Items or Dangerous Goods to pass into the custody of Ship2me or cause Ship2me to handle or deal with any such Excepted Items or Dangerous Goods Ship2me shall be under no liability whatsoever for or in connection with Excepted Items or Dangerous Goods, however arising.
22.3. Where Ship2me discovers any Excepted Items or Dangerous Goods, such Goods may be separated, excluded from carriage, destroyed or otherwise disposed of or dealt with by Ship2me in any way without recompense or reference to the Customer and at the Customer’s expense.
22.4. The Customer shall indemnify Ship2me against any loss, claims, demands, proceedings, fines, penalties, damages, costs and expenses (including any loss of or damage to the carrying vehicle and to other Goods carried) arising out of the carriage, storage, destruction of, or other action taken in respect of Excepted Items and/or Dangerous Goods, whether or not they were declared as such by the Customer.
22.5. Any items which arrive damaged, arrive in an unworthy state or item packaging is damaged will be refused and ship2me will not be held liable nor subject to sign for, on behalf of the customer, damaged goods.
22.6. In the event that Ship2me receives an item(s) declared as Dangerous Goods and can by exception arrange onward delivery of the item, the shipment will be subject to a £25 surcharge for the submission of a DGN (Dangerous Goods Notice). This excess charge can be charged to the Customer at the point of ordering or charged post-delivery to SCH. Only when the item has been deemed safe to transport by the SCH operational management team, or if the customer has previously agreed with the s2m team that the dangerous good is safe to transport.
23.Prohibition on perishable goods
Ship2me does not accept Goods for carriage which consist of or contain perishable items. If Ship2me discovers that any Goods do contain such items, the Goods may be separated, excluded from carriage, destroyed, or otherwise disposed of or dealt with by Ship2me in any way without recompense or reference to the Customer and at the Customer’s expense.
24.Right to open boxes and inspect Goods
24.1.The Customer accepts that Ship2me and its subcontractors are entitled to open any box or packaging in order to inspect Goods for purposes relating to the Services including to identify the Goods, to ascertain whether all applicable duties and taxes have been paid in relation to the Goods and their transportation, to ascertain the condition of the Goods, and/or to ascertain whether the Goods contain Excluded Items or Dangerous Goods or are otherwise prohibited under these Terms and Conditions.
24.2. Ship2me is not liable for any delay to the Services as a result of the discovery of any Goods which Ship2me or its subcontractors have reasonable grounds to consider are subject to unpaid duties and/or taxes, Excluded Items or Dangerous Goods or Goods otherwise prohibited under these Terms and Conditions.
24.3. The Customer accepts that Ship2me and its subcontractors shall be entitled to inform, and/or pass Goods to, the relevant authority where they have reasonable grounds to consider that the transport of the Goods is in breach of any applicable law or regulation.
25.Warranties
25.1. Ship2me warrants that, subject to these Terms and Conditions, Ship2me will use reasonable care and skill in the performance of the Services.
25.2. All obligations under the warranties given under these Terms and Conditions are conditional upon performance by the Customer of its responsibilities hereunder.
25.3. Except for the warranties expressly set out in these Terms and Conditions all other warranties and conditions, either express, implied by statute, common law or otherwise, or arising out of course of dealing or usage or trade, oral or written, with respect to the Services, including but not limited to, any warranty or condition of satisfactory quality or fitness for a particular purpose are hereby excluded to the maximum extent permitted by law.
26.Time frame for performance
Ship2me will use reasonable endeavours to transport and where applicable deliver the Goods within the timeframe notified to the Customer at the time of booking the Services or within a reasonable time thereafter. However, Ship2me shall not be liable to the Customer for any failure to transport or deliver the Goods within that timeframe which is provided to the Customer as an estimate only.
27.Force Majeure
27.1. For the purposes of this clause, a Force Majeure Event means any cause affecting the performance of Ship2me’s obligations arising from acts or events beyond its reasonable control including acts, omissions or regulations of the UK government, the States of Jersey, fire, flood, inclement weather, or any disaster or an industrial dispute affecting the provision of the Services. Any act or event will only be considered Force Majeure if it is not attributable to Ship2me’s wilful act, neglect or failure to take reasonable precautions.
27.2. Ship2me shall not be in breach of this Agreement or otherwise be liable to the Customer for any loss of any kind whatsoever whether directly or indirectly caused to or incurred by the Customer by reason of any failure or delay in performance of any of its obligations hereunder which is due to a Force Majeure Event.
28.Data Protection
Ship2me is registered in accordance with and complies with data protection legislation in Jersey. The information Ship2me gathers from the Customer shall be used by Ship2me for the purposes of providing the Service and for its own internal market analysis only. Ship2me’s Privacy Policy sets out how Ship2me will collect and use the Customer’s personal data.
29.Our Liability
29.1. Ship2me will only pay costs which are incurred as a direct consequence of the event which led to the claim you are making under these terms. Ship2me will not be liable in any circumstances for the following types of loss:
29.1.1. economic losses such as loss of revenues, profits, contracts, business or anticipated savings; or
29.1.2. loss of goodwill or reputation.
29.2. Ship2me shall have no liability whatsoever for any loss to the Customer arising from any act or omission of PayPal or any other third-party payment services provider ("Third Party Act") in relation to the Customer's payment for the Services and the processing thereof where such Third Party Act is not a direct consequence of any act or omission of Ship2me.
29.3. Ship2me shall have no liability for loss to the Customer as a result of fraud committed by any third party. For the avoidance of doubt, this clause does not exclude liability in respect of fraud committed by Ship2me.
29.4. Ship2me shall not be liable for any loss or damage to the Goods which arises as a result of the Goods being:
29.4.1. packaged insufficiently for transport. For the avoidance of doubt the Services offered by Ship2me do not include packaging Goods; and/or
29.4.2. addressed or labelled incorrectly or unclearly by or on behalf of the Chosen Retailer.
29.5. Where it has:
29.5.1. delivered the Goods to the delivery address in Jersey or Guernsey provided by the Customer at the time of booking the Services and: a. handed the Goods to any individual present at that address; or b. left the Goods in the designated "Safe Place" at the time of delivery; or c. complied with any "Special Instructions" provided by the Customer; or
29.5.2. handed the goods to the Customer or a person who produces what Ship2me's staff reasonably believe to be official authorisation from the Customer or the Chosen Retailer or an agent of the same (as appropriate), at the Warehouse or at the SCH; Ship2me shall have no liability in respect of any alleged failure to deliver the Goods or in respect of allowing collection of the Goods.
29.6. Ship2me's total liability otherwise under these Terms and Conditions or in connection with the provision of the Services for losses incurred by the Customer, whether in contract, tort, negligence or otherwise, shall not, in any event, exceed the lesser of:
29.6.1. the value of the Goods actually lost, mis-delivered or damaged; or
29.6.2. a sum at the rate of £1.30 per kilo of the gross weight of the Goods actually lost, mis-delivered or damaged, calculated as at the date when the Ship2me claim form is received by Ship2me; or
29.6.3. £60,000 in respect of any one consignment of Goods. Ship2me shall be entitled to require proof of the value and/or weight of the Goods. Given that the Company’s liability is limited under these Conditions and may not fully compensate the Customer in the event of any loss or damage, it is strongly recommended that the customer or the consignee arrange suitable insurance.
29.7. If, at the time of any loss or damage to the Goods, the Customer is not the owner of such Goods, then Ship2me's liability shall be to the Customer and not to the actual owner of the Goods and shall be limited in accordance with this clause 30.
29.8. Each provision of this clause, excluding or limiting liability, shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force indefinitely notwithstanding the expiry or termination of the contract between Ship2me and the Customer.
29.9.Ship2me’s total liability otherwise under these Terms and Conditions or in connection with the provision of the Services for losses incurred by the Customer, whether in contract, tort, negligence or otherwise, shall not, in any event, exceed the lesser of (a) the value of the Goods actually lost, mis - delivered or damaged or (b) a sum at the rate of two Special Drawing Rights (SDRs) as defined by the International Monetary Fund per kilo of the gross weight of the Goods actually lost, mis-delivered or damaged, calculated as at the date when the claim is received by Ship2me in writing or (c) 75,000 SDRs in respect of any one consignment of Goods. Ship2me shall be entitled to require proof of the value and/or weight of the Goods.
29.10. Each provision of this clause, excluding or limiting liability, shall be construed separately, applying and surviving even if for any reason one or other of these provisions is held inapplicable or unenforceable in any circumstances and shall remain in force indefinitely notwithstanding the expiry or termination of the contract between Ship2me and the Customer.
30.Period of responsibility
30.1. Ship2me shall only be responsible for Goods upon its acceptance of the Goods at the SCH by signing an acknowledgment of receipt and it shall be entitled to reject any Goods at the time of delivery to the SCH or at any time thereafter if Ship2me’s staff reasonably believe that the Goods are faulty, damaged, dangerous, prohibited under these Terms or Conditions or not the subject of a contract with a Customer for the Services. For the avoidance of doubt, by accepting Goods at the SCH Ship2me is not accepting any liability for loss or damage to the goods which may have occurred prior to that acceptance.
30.2. Ship2me shall cease to be responsible for Goods upon:
30.2.1. delivering the Goods to the delivery address in Jersey or Guernsey provided by the Customer at the time of booking the Services and:
a) obtaining a signature of an individual present at that address; or b) scanning the barcode in the "Safe Place" at the time of delivery
30.2.2. obtaining the signature of the Customer or a person who produces what Ship2me’s staff reasonably believe to be official authorisation from the Customer or the Retailer or an agent of the same (as appropriate), at the Warehouse or at the SCH, upon collection of the Goods from the Warehouse or the SCH.
30.3. For the avoidance of doubt Ship2me will not be liable for any theft of the Goods or loss or damage to or caused by the Goods occurring after Ship2me has ceased to be responsible for the Goods as provided above
31.Limitation on actions
31.1. Where the Goods have been delivered or collected from the Warehouse or the SCH in accordance with clause 31.2, Ship2me shall not be liable for any loss of or damage to the Goods unless the Customer notifies Ship2me of the loss or damage within 14 days of the later of:
31.1.1. delivery or collection of the Goods; or
31.1.2.the first date on which the Customer could reasonably be expected to become aware of the loss or damage. Clause 31.1.2 is subject to the Customer notifying Ship2me of the loss or damage within 60 days of delivery or collection of the Goods.
31.2. Where Ship2me has failed to deliver the Goods or make the Goods available for collection at the Warehouse in accordance with clause 31.2, Ship2me shall not be liable for loss of or damage to the Goods unless the Customer notifies Ship2me of the loss within 1 calendar month of the estimated time for delivery or collection provided to the Customer at the time of booking the Service.
31.3. No action under any agreement between Ship2me and a Customer subject to these Terms and Conditions may be brought by either party more than 12 months after the cause of action has accrued.
32.Severability
Should any part of these Terms and Conditions for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms and Conditions had been eliminated.
33.Governing Law
These Terms and Conditions and your use of this site are governed by Jersey law. Disputes arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Jersey courts.