Terms & Conditions
1 - Interpretation
1.1 - In these Terms and Conditions (“the Conditions”):
1.2 - The supply of the Services shall be in accordance with these Conditions to the exclusion of all other terms and conditions (including any terms and conditions which You purport to apply).
1.3 - No variation of these Conditions shall apply unless confirmed in writing by or on behalf of a director of edepots.
2 - Making an order
2.1 - You can make an order over the telephone or by the Internet. Provided You have supplied edepots with a valid email address, on receipt of your order You will be sent confirmation of your order in writing and your security number. If any information contained in the confirmation is incorrect you must inform edepots immediately.
2.2 - You have a right under the Consumer Protection (Distance Selling Regulations) 2000 to cancel the Services within 7 days of receipt of written confirmation from edepots of your order. If the Parcel is delivered to edepots within the 7-day period set out above, You will be liable to pay for the Services.
2.3 - You will be notified by email or telephone when the Parcel is ready for collection. If You have elected to be contacted by telephone, You must have a working answering service for the number provided.
3 - Collection of Goods
3.1 - The Parcel must be collected during the published opening hours of edepots.
3.2 - On collection of the Parcel, You must produce evidence of your full name, postcode and a valid security number. edepots reserves the right to refuse to release the Parcel to You if You do not provide satisfactory identification.
3.3 - On full payment of the Fees You will be given a receipt and asked to sign a collection ticket evidencing that You have collected the Parcel.
edepots will check the Parcel is not damaged on receipt from the Supplier and note any damage on the delivery note. If there are visible signs of external damage to the Parcel on receipt, edepots will not be responsible for any damage to the Parcel.
3.4 - You are responsible for examining the Parcel on collection for any indications of external damage and reporting this to the edepots’ supervisor. Where there is evidence of external damage, the edepots’ supervisor will open the Parcel in your presence to check whether the contents are damaged. If the contents are damaged and such damage is consistent with any external damage to the Parcel then edepots will try and resolve this to your satisfaction. edepots will not be responsible for any damage to a Parcel not reported by You at the time of collection.
3.5 -If You report damage to the Parcel after You have left edepots, edepots will not be responsible for any loss you incur as a result and You must resolve this directly with the Supplier.
3.6 - Except where edepots has damaged the Parcel, edepots is not responsible for any problems You have with the Parcel such as incorrect contents, size, colour or late delivery. edepots is unable to return Parcels to the Supplier or assist in any dispute between the Supplier and You.
3.7 - Important: Items of jewellery, watches and precious stones are delivered to the edepot at Your own risk and edepots will not be responsible for any loss You suffer if such items are damaged or not delivered.
3.8 - The maximum insured value for any one parcel is £1,500. You are advised to arrange your own insurance on parcels that exceed this amount.
3.9 - The Parcel is stored at the ambient temperature of the receiving edepot's storage facility and edepots will not be responsible for any damage to perishable goods caused by fluctuations in temperature.
4 - Failure to Collect Goods
4.1 - edepots will attempt to contact You if a Parcel remains uncollected for 30 days. If contact cannot be made, edepots reserves the right to open the Parcel to check its contents.
4.2 -If Parcels are collected late, You will be liable to pay the following charges in addition to the Fees:
4.3 - If You have indicated to edepots that You will collect the Parcel and it remains uncollected after a period of 90 days from notification of delivery, You will be notified again. If the Parcel remains uncollected 7 days from such notification then E –Depots will have a lien over the Parcel and may sell its contents under such terms as it thinks fit. edepots will be entitled to retain from the proceeds of sale such sum as is necessary to settle any amounts owing to edepots under this clause 4, with the surplus returned to You.
5 - Cost and Payment
5.1 - Details of Fees are contained in the order confirmation sent to You by edepots on acknowledgment of your order.
5.2 - You must pay for the Parcel on collection without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
6 - Illegal Matter
6.1 - You shall not use the Services:
6.1.1 - for the delivery or collection of any illegal goods;
6.1.2 - for fraudulent or unlawful purposes;
6.1.3 - to create a false identity;
6.1.4 - for the purposes of committing a criminal offence;
6.1.5 - for the delivery of goods to You where You are in breach of the Supplier’s terms and conditions for purchase of the goods.
7 - Warranties and Liability
7.1 - edepots warrants to You that the Services will be provided using reasonable care and skill.
7.2 - edepots shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from:
7.2.1 - any information or instructions supplied by You which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non‑arrival, or any other fault of You;
7.2.2 - any of the circumstances set out in clauses 3.5, 3.6, 3.7, 3.8 or 3.9
7.3 - Except in respect of death or personal injury caused by edepots' negligence, or as expressly provided in these Conditions, edepots' shall not be liable to You by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of edepots, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by You, and the entire liability of edepots under or in connection with these Conditions shall not exceed the value of the Parcel.
8 - Complaints
8.1 - If You have any problems with collection of the Parcel, You should contact the receiving edepots. If the receiving edepots is unable to resolve your complaint then You will be referred to the head office of edepots.
9 - Force Majeure
9.1 - edepots reserves the right to delay or cancel the Services without liability to You if it is prevented from or delayed in the carrying on of its business due to circumstances outside its reasonable control including but, without limitation, strike, lock-out or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond edepots’ reasonable control.
10 - Data Protection
10.1 - edepots undertakes to comply with the provisions of the Data Protection Act 1998 (as may be amended from time to time) and any other relevant data protection legislation in respect of personal information obtained from You. edepots will not disclose the details and information provided by You to any third party without your consent unless specifically required to do so by law, or in response to a valid, legal request by a law enforcement or governmental authority.
10.2 - By accepting these Conditions, You acknowledge and consent that edepots may store and process your personal details and information (for example, your name, address, telephone number and details of the service you use) in accordance with any relevant data protection legislation and that edepots may use this information for the purposes outlined in these Conditions. Under the provisions of the Data Protection Act 1998, where You are an individual, You are entitled to know what information edepots holds about You. edepots asks You to put any request for this information in writing and address it to our head office. edepots reserve the right to make a charge for the supply of this information to You up to the maximum permitted by the Data Protection Act.
11 - Notices and Service
11.1 - Any notice required under these Conditions or by statute, law or regulation shall (unless otherwise provided) be in writing and delivered in person, sent by facsimile or registered mail or sent by email or facsimile to the respective parties address as set out above or as each party may from time to time designate by notice hereunder. Any such notice shall be considered to have been given on the first working day of actual delivery or sending by facsimile or email or in any event within 2 working days after it was posted in the manner hereinbefore provided.
12 - Miscellaneous
12.1 - The headings to these Conditions are for convenience only and shall not affect their construction.
12.2 - Where the context so admits reference in these Conditions to one gender shall include the other gender and words denoting the singular shall include the plural and vice-versa.
12.3 - References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
12.4 - Failure or delay by edepots in enforcing or partially enforcing any provision of these Conditions shall not be construed as a waiver of any of its rights under these Conditions or the Contract. No waiver of any of these Conditions by either party shall be deemed to be a further or continuing waiver of any subsequent breach of that term or condition or any other term or condition.
12.5 - You shall not be entitled to assign or sub-licence or part with possession of any of its rights or liabilities hereunder. edepots shall be free to sub-contract the performance of all or part of its obligations hereunder.
12.6 - A person who is not party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
12.7 - These Conditions and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England.
12.8 - The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Conditions.