Collect by St David’s Terms and Conditions
This page tells you information about us and sets out the legal terms and conditions that apply to the Collect by St David’s service described on our website (the Service) to you.
Please read these terms carefully and make sure that you understand them, before registering for and using the Service. These terms will apply to the contract formed between us for the provision of the Service (the Contract) and by using the Service, you agree to be bound by these terms and the other documents referred to. After you apply to register for the Service, you will receive an e-mail from us acknowledging that we have received your application. However, please note that this does not mean that your application has been accepted. We will confirm our acceptance to you by sending you an e-mail that confirms that you have been registered to use the Service. The Contract between us will only be formed when we send you this email.
Once you have read the terms, please complete the process form and click on the button marked "I Accept the Terms and Conditions" if you accept them. If you refuse to accept these terms, you will not be able to use the Service. You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time. Every time you wish to use the Service, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on the date 28 May 2013. Every time you use the Service, the terms in force at that time will apply to the Contract between you and us. Whenever we revise these terms, we will keep you informed and give you notice of this by stating that these terms have been amended and the relevant date at the top of this page.
These terms, and any Contract between us, are available in both the English and Welsh language. To access these terms in the Welsh language please visit our website www.stdavidscardiff.com and select Cymraeg.
1. INFORMATION ABOUT US
1.1 We are St David’s Partnership a company registered in England and Wales under company number 4765791. Our registered office 5 Strand, London WC2N 5AF
2. USE OF THE COLLECT BY ST DAVID’S SERVICE
2.1 The Service is free of charge but to use the Service you must first have registered with us. For the steps you need to take to register for and use the Service, please see our website www.stdavidscardiff.com/collect page. You must provide true and accurate information upon registration and update us of any changes to this information.
2.2 Our registration and parcel notification process for the Service allows you to check and amend any errors before submitting your application or notification to us. Please take the time to read and check your application and notification at each page of the application and notification process. To ensure delivery to the shopping centre you must provide the [following delivery address to the person sending the parcel:
YOUR NAME HERE
Collect by St David’s
St David’s Centre Management
11 Bridge Street Arcade
St David’s Dewi Sant
Delivery will not be made to any other address, except as preferred to in clause 2.10.
2.3 We shall not inspect any parcels upon delivery and we shall not be required to notify you of any damage that may be noticeable. We are not responsible for any damage to any parcel caused on or prior to delivery (e.g. where caused by the supplier or their courier).
2.4 We shall not be obliged to accept delivery of parcels where we are required to provide delivery confirmations, such as regarding the quantity delivered, or the condition of parcels.
2.5 When we receive your parcel we will send you an email to the email address you have provided us with.
2.6 Parcels must be collected by the person the parcel is addressed to. We will not release the parcel to anyone else. On collection you will be required to provide photo identification, which must be your photo driving licence or passport and proof of address such as a Bank statement or recent Utility bill
2.7 All parcel collections must be signed for.
2.8 The Service is not available for returning parcels.
2.9 You must collect the parcel from the shopping centre you have selected for delivery during opening hours within 28 days of the date we send the email notifying you of delivery. Parcels which remain uncollected after this period may, at our discretion, be:
(a) given to or sold for charity;
(b) destroyed or otherwise disposed of
and you authorise us to deal with your parcels in this manner and pass all ownership of them, provided that we shall give you notice by email using the details you provided to us that if the parcel is not collected within 7 days such return or disposal will occur.
2.10 If you are a consumer, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.
3.1 By using the Service you represent to us that you are authorised to take delivery of the parcel and to have it delivered to our address.
3.2 You may not use the Service:
(a) if you are under 18 years old;
(b) if you are resident outside the UK;
(c) for any business or commercial purposes or other than for your own domestic and private use; or
(d) for illegal or immoral purposes.
3.3 You agree that you must not and will not use the Service for the delivery of parcels:
(a) with a value of more than £300
(b) which weigh more than 5kg
(c) which contain any goods which might be harmful to people or cause damage to property or which are or may be illegal to possess or supply, including without limitation food or perishable goods, plants or animals, noxious materials, flammable materials, firearms, weapons, ammunition or explosives, radioactive or dangerous materials, illegal items, any items requiring specialist handling or storage; and/or
(d) containing items which have not been fully paid for.
Failure to comply with this will result in us suspending or withdrawing the Service
Also see clause 6 (Our Liability) below. We will not be liable for more than £300 for any parcel, even if it is lost or damaged by us or when in our custody.
4. HOW WE USE YOUR PERSONAL INFORMATION
5.1 We shall be entitled to withdraw or suspend the Service and/or cancel the Contract in relation to any future parcels at any time.
5.2 You may cancel the Contract at any time (except in relation to parcels already received by us, or which will be received by us in respect of an order you have placed) by notifying us in writing. To do so, please contact us by email at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records.
6. OUR LIABILITY
6.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. Any liability we do have is subject to the financial limit in clause 6.4.
6.2 We will endeavour to keep parcels received by us safely, but as noted above, this is a free service and you are not to use the Service for parcels with a value of over £300.
6.3 We will only be responsible for loss of or damage to parcels which is caused by us or our agents or contractors, and as referred to above, we are not responsible for any damage to any parcel caused on or prior to delivery (e.g. where caused by the supplier or their courier).
6.4 In any event, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including for the loss of or damage to any parcel, shall in no circumstances (subject to clause 6.6) exceed £300 per parcel.
This limit shall apply even if the loss or damage occurs whilst a parcel is in our custody.
You may want to consider taking out your own insurance for each parcel.
6.5 We only supply the Service for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.6 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; and/or
(b) our fraud or fraudulent misrepresentation.
7. EVENTS OUTSIDE OUR CONTROL
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 7.2.
7.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
8. YOUR LIABILITY
8.1 You may only use the Service in accordance with these terms and conditions. You agree to indemnify us in respect of all costs, losses, expenses and liabilities we incur (including claims by others, such as store operators and members of the public) as a result of you using the Service in an unauthorised way and any other failure by you to comply with these terms and conditions. You also agree to pay to us the amount of any costs, losses, expenses and liabilities incurred by any of our associated companies in these circumstances.
9. COMMUNICATIONS BETWEEN US
9.1 When we refer, in these terms, to "in writing", this will include e-mail.
9.2 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to:
Collect by St David’s, 11, Bridge St Arcade, St David’s Dewi Sant, Cardiff, CF10 2EF
We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in relation to your registration.
10. OTHER IMPORTANT TERMS
10.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms. We will always notify you by posting on this webpage if this happens.
10.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.3 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
10.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.6 Please note that these terms and our Contract are governed by English law. This means the Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
IF YOU ACCEPT THESE TERMS AND CONDITIONS PLEASE PROCEED TO COMPLETE THE COLLECT BY ST DAVID’S CONFIRMATION FORM.
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