Please read these Terms carefully before you use Sherpr, since by using Sherpr you agree to these Terms, which is a legal agreement. If you use Sherpr as a representative of an organisation, you agree to these Terms on behalf of that organisation.
You can contact us by telephone +44 (0)2038849866 or email email@example.com
We may contact you by telephone or any other contact details you have registered in your account with us.
“API“ means our application programming Interfaces.
“Carriage Service” means the service to collect your items and deliver them to your specified destination.
“You” or your” means the person or organisation that is registered with us to use the Sherpr.
“We”, “our” or “us” means Sherpr Global Ltd, a company registered in England & Wales with company number 10721068 and registered address at Unit 5 Maple Park, Falconer Road, Haverhill, Suffolk, United Kingdom, CB9 7BG, our employees, directors, officers, affiliates and subsidiaries.
“Services” means our Website, APIs, applications, our content and various third party services that make up Sherpr, as the context requires.
“Sherpr” means our Website and Services collectively.
“Website” means our [website www.sherpr.com] and other websites that we may operate in the future including all subdomains and sites associated with those domains.
We grant you a non-exclusive, non-transferable licence to use Sherpr, subject to you complying with these Terms.
3. YOUR OBLIGATIONS
To use Sherpr, you must (a) agree to these Terms (b) be at least 18 years old and human person (c) complete our registration process and provide accurate information as requested (d) do so in compliance with all applicable laws, rules and regulations.
You may not without our written permission (a) attempt to duplicate, modify, disclose or distribute any part of our Services (b) attempt to reverse compile, disassemble, reverse engineer our Services (c) assign or otherwise dispose of your rights or obligations under these Terms or (e) attempt to obtain, or assist others in obtaining, access to the Services, other than as provided under these Terms.
You shall not store, distribute or transmit any material through Sherpr that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities
You are responsible for all content you provide and activities on your Sherpr account.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
4. INTELLECTUAL PROPERTY
You acknowledge and agree that we own all intellectual property rights in Sherpr and the Services.
We acknowledge and agree that you own the intellectual property rights in the information that you provide us with.
You grant us a royalty free, worldwide, transferable, sub-licensable, irrevocable and perpetual licence to use any feedback, recommendations or other suggestions that we receive from you.
You are responsible and liable for keeping your username and password confidential and take reasonable steps to ensure that nobody accesses the Services using account(s) created with your username and password. You agree to notify us immediately if you suspect any unauthorised use of your account(s). We are not liable for any loss or damage due to stolen passwords or hacked accounts.
6. SHIPPING AND ORDERING
6.1 Contract formation
When you submit an order via the Service, you are making an offer to purchase the relevant Service on these terms and those set out in the description of the service. A contract is formed between you and us when you receive an email from us confirming that we have accepted your order. Please check the details on that order confirmation to ensure that the details are true and accurate.
We may provide a facility to request a quotation via the Service. We will honour any such quotation for the time stated on the quotation. If no time is stated then the time we honour the quotation will be [15 days] from the date the quotation was provided to you.
6.2 Shipping Dimensions
During the checkout process, you will be asked to warrant that the item(s) you wish to send fall within the permitted Maximum Dimensions and under the permitted Maximum Weight. Your warranty that the items fall within the Maximum Dimensions and below the Maximum Weight forms the basis of our acceptance of the offer to contract under clause 6.1 above.
In the event that your item(s) do not fit within the Maximum Dimensions and/or under the Maximum Weight, we may not be able to provide the Service, and you will not be entitled to a refund for any fees you have paid in the event. We may also charge a cancellation fee in addition to the fees that you have already been charged.
If we do agree to continue take the items which have dimensions greater than the Maximum Dimensions and/or are heavier than the Maximum Weight (“Oversized Item(s)”), then delivery of the Oversized Item(s) may be delayed. In addition, by accepting these terms and conditions you give us permission to charge your credit/debit card with a handling fee and a separate charge for the excess weight and/or dimensions of the Oversized Items.
By accepting these terms and conditions you also give us the permission to charge your debit/credit card for any weight discrepancies or extra charges that may be charged to us by our agents for the supply of incorrect information at the time of your booking (including regarding the number of items). If we are unable to automatically charge your card we will notify you in writing and you will be required to pay us the stated sum within 7 days. Failure to make payment may result in additional recovery costs being incurred which shall ultimately be the responsibility of the customer.
6.3 Confirming your Order
Once you have placed an order online, we will email you a confirmation. Please note that we use third party carriers to provide the Carriage Service and we will need to place a booking with those third parties.
If you book in advance we will make the relevant reservations with the third party  days prior to the date of collection. You will be able to change or cancel your order any time up until the booking has been made. We will make the booking without further reference to you, unless you have contacted us in advance to change or cancel the booking.
If you book within 14 days of the booking then we will place the booking with the third party courier immediately and you will not be able to vary or change the booking without incurring additional cancellation and re-booking fees. We may be able to offer you a refund in certain circumstances, but we cannot guarantee this and you should contact firstname.lastname@example.org for more information.
Please note that SHERPR does not provide insurance cover for your items, UPS covers you up to £50 and Parceforce up to £100. You are responsible for your own insurance cover and we will not be held accountable for damaged or lost items.
6.4 Fees and Payment
We take payment from the card that you provide to us at the time that we confirm your order via email.
By submitting your card details to the Service, you give us permission to automatically debit your card in accordance with the terms and fees set out in this Agreement.
All fees are inclusive of VAT which will be charged at the relevant rate at the time of processing the order.
If you do not make payment, then we will not be able to provide the Carriage Service and we reserve the right to cancel your order if it has already been confirmed at no cost or liability to us.
6.5 Packing and Labelling
When you place an order with us, you are responsible for ensuring that the items are appropriately packed so as to prevent damage.
If you are a user of our Standard Service, you will be responsible for providing an appropriate container for the item that you wish to send, for example, an appropriately padded sports carrier for sporting items. You should ensure that the bag is suitable for passing through high speed automated machines with our 3rd party carriers, airports, and international terminals and you acknowledge that you will be solely responsible for any damage to the items caused by it being inappropriately packaged. We will provide you with at least two baggage labels via email. One of these labels will be for the outward journey and one for the return: in both cases the labels must be affixed to the outside of the bag using the label tag provided .
If you are a user of our Premium Service, we will provide you with a container and shipping labels for your item(s) included in our special comprehensive Sherpr pack of materials and safety tape. Please note that our Premium Service is only available where bookings are made 10 days in advance of the date the item(s) is/are sent. Premium Service users should affix their baggage labels in the area that is indicated on the box provided.
Users of both the Standard Service and the Premium Service should ensure that labels to be used for the return journey are not used for the outward journey. The return journey labels must be secured safely in your personal luggage. Labels that are lost can be reprinted but can only be sent by email to the person making the booking and are only available during our working hours
You must provide us with a full and accurate collection address including the post code, so that we can collect the items from you. It is your responsibility to ensure that the correct item is given to the courier and the courier may, at times be entitled to ask you to open the bags to inspect the contents. If you do not allow the driver to inspect the contents then for security reasons we may not be able to carry the items, and your trip may treated as cancelled by you in accordance with clause 6.3 above.
You must also provide us with full and accurate address details for delivery, as well as a contact telephone number where requested for an appropriate contact at the delivery address. You indemnify and hold us harmless for any failure to deliver the items due to a wrong address being provided and you acknowledge and agree that you may have to pay the cost of the item being shipped back to the collection address.
Customers are encouraged to provide a second out of hours contact telephone number for use at the delivery address in the event that the primary number is non-contactable, although this is not mandatory.
It is illegal to send any of the items listed in the ‘Prohibited Items’ section at paragraph 6.9 (below). In the event that any item on this list is found to be present in the bag/box by any authority, either in the UK or abroad, it is likely to be seized. In the United Kingdom, a person known to have packed any item appearing on the list at section 6.9 (below) may be liable for a fine of up to £50,000 or a jail sentence of not less than six months if prosecuted.
In making any collection or delivery we will at all times be acting in accordance with your instructions. You therefore hold us harmless and indemnify us to the fullest extent possible by law in respect of any and all costs, taxes, customs charges, levies, deposits, disbursements of any type levied by any authority in the course of delivering the Carriage Service to you in respect of our acting in accordance with your instructions and or in respect of any action or inaction of yours or any breach of any warranty in these Terms of Service.
You acknowledge and agree that the items may pass through customs in the destination country. Wherever possible we will request the relevant information from you in advance of collection in the form of a list of contents and valuation, but there may be circumstances in which we require additional information or the payment of fees or duties in order to pass the items through customs.
You acknowledge and agree that you are solely responsible for providing the correct information requested by any customs agent or port authority in respect of the items passing through customs. You acknowledge and agree that your items may not be able to pass through customs until you have paid any duties being levelled by the relevant customs authorities. (This is not required for EU countries)
If your items are stopped by customs, there may be a delay while the relevant customs officials or port authority process the information you provide. We cannot make any guarantees in relation to the time this will take, but we usually expect it to be a matter of a few days.
We have assumed, when calculating transit times for your items, that they will not be stopped at customs. Accordingly, we cannot accept any liability for any delay relating to an item being stopped at customs.
If a customs authority seizes any of your items, or any item that they consider to be contraband or illegal within your shipment, then we will consider that we have discharged the delivery and our obligations under the contract will come to an end. It will be your responsibility alone to procure the forwarding of any such goods by customs to the end destination.
Delivery times to UK and international destinations are based upon the information provided by our third party couriers and are regarded as being indicative as the average transit time without interruption. An interruption is classified as something that may delay the shipment and these are as follows, local holidays, national holidays, road closures due to local laws and acts of God which may interrupt the transit of the vehicles or aircraft with your consignment
The delivery time does not include weekends, bank holidays, or the collection day both at the point of collection and delivery.
Delivery times being indicative are based on the information you have provided and if this proves to be incorrect you may be labile for extra costs re-routing your consignment to the correct delivery address.
‘A guaranteed’ service does not form part of the contract. We rely on 3rd party couriers for on time delivery and in rare cases there can be delays or non deliveries. This is the responsibility of our 3rd party couriers.
For international deliveries via customs, any guarantee will always be subject to clause 6.7 above.
You must provide us with all of the information we request and you warrant in providing it that is true and accurate. Any lack of information or any inaccuracy may result in our couriers being unable to deliver the items.
It is your responsibility to ensure that the intended receiver will accept your items. Any rejected items are your responsibility and may cause a delay or return of your shipments.
6.9 Items you cannot send via the Carriage Service
By placing an order and by giving the items to the driver who is collecting them from you, you warrant and agree that your items do not include any of the following Restrictions include, but are not limited to:
- Aerosols or any other pressurised containers (including spray paints, etc.);
- Alcoholic beverages containing more than 70% alcohol by volume (ABV)
- Arms and Ammunition
- Articles of exceptional value (eg, works of art, antiques, precious stones, gold and silver)
- Batteries that are classified as dangerous goods and certain used batteries (including wet spillable lead acid/lead alkaline batteries (such as car batteries)
- Batteries, specifically new and used lithium batteries when not sent with or connected to an electronic device
- Clinical and medical waste
- Counterfeit currency
- Dry Ice
- Environmental waste
- Ivory and ivory products
- Live animals
- Illegal lottery tickets
- Indecent, obscene or offensive articles
- Infectious substances and pathogens
- Liquids, Pastes and Gels of any type;
- Magnetized material
- Miscellaneous manufactured articles
- Misleading endorsements
- Oxidising materials or organic peroxides
- Poisons, toxic liquids, solids and gases
- Radioactive materials and samples
- Waste, dirt, filth or refuse
- Toner Cartridges;
- Loose Batteries;
- Animals and Animal products;
- Firearms and firearm parts, ammunition, explosives, weapons (including imitations of same in any form);
- Flowers and plant products;
- Human and animal remains or ashes;
- Medical samples;
- Items that require a temperature controlled environment;
- Pornographic materials
- Prescription drugs and pharmaceutical products;
- Tobacco and tobacco products;
- Foodstuffs, perishable food articles and beverages including, but not limited to: Wine, Beer, Spirits and Champagne; or
- Packages that are wet, leaking or emit an odour of any kind;
- Valuables and high value items including but not limited to antiques, paintings, jewellery, precious stones and electrical equipment;
- Cash or other forms of tradeable currency;
- Credit cards;
- Passports or other confidential personal documentation;
- Irreplaceable items;
- Other Dangerous/hazardous goods;
- Other illegal or restricted goods.
- Controlled drugs and narcotics
- Corrosives (including dyes, acids, corrosive paint and rust removers, caustic soda, mercury and gallium metal).
- Crash helmets
- Flammable liquids/ solids (including Lighters and refills containing flammable liquid or gas )
- Gases, including flammable, non-flammable, toxic and compressed gases
NB - Sharp objects These items may only be posted if they are packaged appropriately so that they do not present a risk to employees, other packages or recipients.
We cannot be held responsible for any of these items, and you agree that by including any of these items you may invalidate the insurance coverage that you have purchased and that we cannot have any responsibility or liability in respect of these.
You further acknowledge and agree that any of us, our third party carrier partners or any customs official may seize and dispose of any of these items without reference or liability to you for doing so.
7. CANCELLATION, TERMINATION AND SUSPENSION
If you change your mind and want to cancel our agreement you may only do so before you start using our Services. Thereafter, you may terminate our agreement and our Services at anytime in accordance with these Terms. You may only cancel or terminate your Sherpr online account and the use of our Services by emailing our customer service at email@example.com.
We may at any time, at our absolute discretion and without notice, refuse to provide our Services to anyone or terminate or suspend your account and our Services.
If your account is cancelled or terminated it will immediately be deactivated and your account and data cannot be recovered. We may, at our sole discretion, retain or delete your data.
We are not liable for any loss or damage following, or as a result of, deactivation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before deactivation.
8. YOUR CONTENT
Your use of the Service will involve you uploading or inputting various content into the Service; including but not limited to: travel destinations, dates of travel luggage descriptions, dates, times, addresses, telephone numbers.
We may view such content only as necessary (a) to maintain, provide and improve the Service (b) to resolve a support request from you (c) if we have a good faith belief, or have received a complaint alleging, that such content is in violation of these Terms (d) as reasonably necessary to allow us to comply with or avoid the violation of any applicable law, rules or regulation.
In order to better understand the manner in which our Service is being used, we may analyse (i) the content in aggregate and on an anonymised basis, and (ii) the use of our Services using third party analytics tools including but not limited to Google Tag Manager, Google Analytics, Magneto.
You may use the Sherpr API to connect to and access your Sherpr account data. Any user of the API is bound by these Terms.
It is your responsibility to use the API correctly and we are not be liable for any direct, indirect, incidental, special, consequential damages, including but not limited to damages for loss of profits, goodwill, use, data, or other losses resulting from your use of the API or third-party products that access your account data via the API.
We may at any time with our without notice change, suspend or terminate your access to the API if we deem it necessary.
Subject to our obligations, you will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of the Services, provided that (a) you are given prompt notice of any such claim (b) we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense, and (c) you are given sole authority to defend or settle the claim.
We will use our reasonable endeavours to ensure that your data is maintained securely and is properly backed-up. In the event of any loss or damage to your data, your sole and exclusive remedy shall be that we use our reasonable endeavours to restore the lost or damaged data from the latest back up of such data. We shall not be responsible for any loss, destruction, alteration or disclosure of data caused by any third party.
We will use our best endeavours to ensure that the Services are provided continuously and that access to our Website is not interrupted by any event within our control. We endeavour to notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal office hours.
We undertake no obligation to respond to queries but endeavour to do so within a reasonable time.
Except as expressly and specifically provided in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes our liability (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or (ii) for fraud or fraudulent misrepresentation.
We are not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising and our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of under these Terms shall be limited to the price you paid for the Services in relation to which the claim arose. You acknowledge that this limitation is reasonable.
We are not liable if prevented or delayed from starting, carrying out or completing any of the services because of a strike, lock out, labour dispute, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any other cause beyond our control.
We have a duty to select the suppliers/subcontractors of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
Please note that we do not offer refunds or partial refuds for delayed or non deliveries that is the fault of the courier.
By continuing without opting for full compensation, you acknowledge and agree that:
- You understand and are aware of the limit of our liability for the packages
- You have checked the article against the Restricted Items List
- The restricted list is only indicative. If you have an item that is similar to or could be confused with an item on the list then you should check with us before booking and sending the item.
- You accept that the responsibility for checking your item against this list is yours and yours alone
- You will ensure that all parcels are packaged safely and securely in a manner appropriate for the item being sent
- You will ensure that all packages are correctly and clearly labeled
- You will ensure that the receiver will accept all packages. A rejection may cause a delay or return of your items
- If we pay out on a successful claim we retain the right to the contents of the packages/luggage to deal with (sell or destroy for example) as we, in our sole discretion, see fit.
Notification of Claims & Complaints
In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection of the Consignment, you have a record of these. For the avoidance of any doubt, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit.
We shall not be liable to you under any circumstances for any loss or damage unless you notify us by the Contact Us page (via our website) or on firstname.lastname@example.org for the claims procedure within:
- 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;
- and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.
- For any customer service complaints, within 14 days of your delivery date
- Any complaints and refunds will be handled by the customer service department and you should receive a response within 28 working days.
13. GENERAL PROVISIONS
We may make changes to these Terms, but will notify you in advance through one of our mediums. Any changes shall be effective when the Terms are updated on our Website and your continued use of Sherpr.
If any provision (or part of a provision) of these Terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.
This contract is between you and us and no other person shall have any rights to enforce any of the Terms.
These Terms constitute the entire agreement and understanding between you and us and supersede any previous terms between us relating to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a wavier of such right or provision.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.