General Terms and Conditions governing the operations carried out and/or undertook through the website vangoartcouriers.com or by any other means and in particular via the application developed by VAN GO ART COURIERS by:
VAN GO ART COURIERS LTD, an English company registered under Company number 09793366 and having its registered office 5 Holne Cross, Ashburton, Newton Abbot TQ13 7QU (Great Britain).
Both hereafter designated “VAN GO ART COURIERS”.
The purpose of these General Terms and Conditions is to define the terms and conditions and the legal framework of the services offered by VAN GO ART COURIERS via its Website vangoartcouriers.com or by any other means including the application developed by VAN GO ART COURIERS . Only these General Terms and Conditions shall govern these relationships to the exclusion of all other general conditions or contractual documents of the Ordering Customer or of any third party.
For the purposes of these General Terms and Conditions, the following terms are defined as follows:
- "Insurer": refers to the insurance company with which VAN GO ART COURIERS subscribes, in the name and on behalf of each Ordering Customer, insurance covering, under the conditions and within the limits of the insurance contract, the potential damage that may occur during the transport of the goods, up to the value declared by the Ordering Customer.
- "Parcel": an object or a material set composed of several objects, whatever its weight, dimensions and volume, constituting a unitary charge when handed over to the Substitute(s) of VAN GO ART COURIERS.
- "Transport Order": request for Transport Service(s) sent by the Ordering Customer(s) to VAN GO ART COURIERS; it may include customs representation operations.
- "User Account": account that must be created on the Website and validated by VAN GO ART COURIERS in order to become a User of the Site and the services it offers, which implies full acceptance of the General Terms and Conditions. “General Terms and Conditions”: the present conditions which, alone and to the exclusion of all others, govern the relationship between VAN GO ART COURIERS and the Ordering Customer and the consignee/any cargo interest.
- "Order Confirmation": acceptance by VAN GO ART COURIERS of the Transport Order sent by the Ordering Customer. The Order Confirmation is sent by email to the Ordering Customer. It evidences the conclusion of a contract of ‘Transport Order’ between VAN GO ART COURIERS and the Ordering Customer, with, if applicable, confirmation from the customs representation authorisation. Its provisions apply whenever a matter is not dealt with by these General Terms and Conditions or if a clause of these General Terms and Conditions is cancelled, deemed unwritten, deemed inapplicable or voided by a court. "Ordering Customer": party who sends one or more Order(s) of Transport to VAN GO ART COURIERS via the Website or by any other means including the application developed by VAN GO ART COURIERS so that it organizes a transport of goods if necessary, by representing it at customs.
- "Shipment": all parcels, packaging(s) and support(s) included, handed over to the Substitute(s) of VAN GO ART COURIERS by the Ordering Customer or his representatives as part of the Service.
- "Delivery": physical delivery of the goods to the consignee or his representative who legally accepts it.
- "Transport Service": any transport organization service provided by VAN GO ART COURIERS (including ancillary services), in execution of the Order Confirmation.
- "Price of the Service" or "Price": price paid by the Ordering Customer to VAN GO ART COURIERS in respect of the ‘Transport Service'. Price is earned once paid.
- "Website": www.vangoartcouriers.com website and more generally any web and/or mobile application published by VAN GO ART COURIERS and linked to the Website.
- "Substitute": any transport or customs representation professional to whom VAN GO ART COURIERS entrusts the execution of the transport, a part of the transport or an ancillary service in execution of the Order Confirmation.
- "Special Transports": any transport of goods subject to special regulations, including the transport of dangerous goods, perishable goods and/or temperature-controlled goods, vehicles, etc.
- "User": Ordering Customer registered on the Website or that, by any other mean, contracted with VAN GO ART COURIERS and having accepted the present General Terms and Conditions and their application to the exclusion of all other general or particular terms and conditions or contractual provisions that VAN GO ART COURIERS did not expressly accept.
3. OPERATING CONDITIONS OF THE SITE
3.1. Acceptance of the General Terms and Conditions
The acceptance of these General Terms and Conditions is shown either (i) by a check box when registering on the site or during the process of concluding the Transport Order or (ii) by the acceptance of VAN GO ART COURIERS’s offer. This acceptance is full and complete. No special conditions and/or other terms and conditions emanating from the Ordering Customer can prevail over the present General Terms and Conditions for the ‘Transport Services' and their consequences.
VAN GO ART COURIERS reserves the right to modify the Website and/or to modify the present General Terms and Conditions, by putting up a banner on the www.vangoartcouriers.com website.
3.2. Use of the Account and mandatory data updates
Each User expressly forbids himself from creating or using a User Account other than the one initially created, whether under his own identity or under that of a third party, and is strictly forbidden to assign his User Account to anyone.
Each User agrees to keep confidential and not to communicate to anyone (including another User) his username and password to access the Website. The User Account is strictly personal.
The User is solely responsible for his User Account and the use that is made of it. It is his responsibility to inform VAN GO ART COURIERS immediately if there are suspicions or indications that his User Account may have been hacked and/or used by a third party. Each User may access the Website using his password and his username, as well as his User Account containing all the personal data provided during his registration on the Website. Each User undertakes to provide accurate, complete and unambiguous data and ensures the updating of said data. This update concerns in particular the bank card data that will be used for direct debits as part of Transport Orders automatically received by VAN GO ART COURIERS as a result of the purchase of a good sold by the Ordering Customer.
3.3. Suspension, Cancellation and Termination of the User Account by VAN GO ART COURIERS
Any User Account for which inaccurate information and/or behaviour contrary to these General Terms and Conditions would be noted, may be closed, temporarily or permanently, by VAN GO ART COURIERS without notice and without liability of the latter.
The Users guarantee VAN GO ART COURIERS of any damage, loss, prejudice or condemnation, suffered by VAN GO ART COURIERS or a third party, due to an improper use of the Website in violation of these General Terms and Conditions.
3.4. Transport Order of the Ordering Customer and Order Confirmation
The Ordering Customer sends a Transport Order to VAN GO ART COURIERS via the Website by filling in the mandatory fields provided for this purpose or by any other mean accepted by VAN GO ART COURIERS.
In cases where the declared value of the goods exceeds £ 50,000 (fifty thousand pounds sterling), a specific and prior acceptance of VAN GO ART COURIERS, and if necessary, of the insurer, will be necessary. The request must be sent by email or via the Website. Likewise, a specific request by e-mail or sent via the Site will be necessary for all goods of which one of the dimensions and/or the weight would be superior to those proposed by the Website or when the pick-up place and/or the destination are not usual for VAN GO ART COURIERS.
When placing the Transport Order, VAN GO ART COURIERS offers the possibility of taking out insurance covering the value of the goods entered by the Ordering Customer on the Website. In any case, VAN GO ART COURIERS cannot be held responsible for an indication of insufficient or inadequate value. It is therefore recommended to opt for an indication of value as close as possible to the value of the good transported.
The Website registers the Transport Orders and determines the Price. The contract is formed when the Order Confirmation is sent to the Ordering Customer. Once the Ordering Customer has validated his Transport Order, received the Order Confirmation and paid the Price for VAN GO ART COURIERS services, the latter performs its ‘Transport Service' and organizes the transport requested by the Ordering Customer in the conditions of article 7 of these General Terms and Conditions.
Any cancellation or modification subsequent to the Order Confirmation is governed by the provisions of Articles 4.3 and 4.4 of these General Terms and Conditions.
4. PRICE AND PAYMENT
4.1. Price Calculation
4.1.1 During the Transport Order process, the Ordering Customer is informed by VAN GO ART COURIERS of the amount of the Price and the services that the Price includes if applicable (insurance, packaging, etc.). Should anything appear unclear or not precise enough, the Ordering Customer or the User shall ask its questions to VAN GO ART COURIERS prior to any Transport Order. With regard to Transport Orders which are sent to VAN GO ART COURIERS automatically as a result of the purchase of a good sold by the Ordering Customer, the Ordering Customer hereby declares that it accepts the price, which will be debited directly from the bank account registered at the time of registration on the application developed by VAN GO ART COURIERS.
4.1.2 The Price of the 'Transport Service' is shown exclusive of taxes. Any VAT that may be due is added to the Price by VAN GO ART COURIERS according to the rate applicable on the day of invoicing.
4.1.3 The Price of the 'Transport Service' is calculated by the algorithms of the system edited by VAN GO ART COURIERS on the basis of the information provided by the Ordering Customer, taking into account the transport operation to be carried out, and in particular the nature, the weight, volume and value of the goods to be transported and the routes to be followed. Any modification of the parameters may lead to an increase in the price initially announced. The Ordering Customer and/or User accepts that.
4.1.4 As to the price of the fuel, it is determined at the time of the Price fixing when placing the Transport Order and it should in principle not vary, except if the lapse of time between the Transport Order on the Website and its realization by the Substitutes is sufficient to cause a variation which must be taken into account. To take into account changes in the price of fuel, a fuel surcharge may be applied by VAN GO ART COURIERS as of right and without formality, which will be calculated according to the evolution of the consumer retail price index.
4.1.5 Unless otherwise indicated by VAN GO ART COURIERS when confirming the Transport Order, the Price does not include the duties, taxes, fees and taxes due under any regulation, including tax or customs (such as excise duties, import duties, etc.).
4.2. Payment terms applicable to the Ordering customer
4.2.1 When placing the Transport Order, the invoice mentioning the Price is published by VAN GO ART COURIERS and sent to the Ordering Customer. The payment of the Price is made by the Ordering Customer through a credit card, PayPal service or a bank transfer to the account of VAN GO ART COURIERS. It is only upon receipt of that payment that VAN GO ART COURIERS is due to initiate the necessary steps to organize the transport entrusted to VAN GO ART COURIERS. The price is due and payable upon Order Confirmation. For Ordering Customers whose instructions are received by VAN GO ART COURIERS automatically as a result of the purchase of one of the goods they offer for sale, an invoice corresponding to the price of VAN GO ART COURIERS's service will be sent to the Ordering Customer and a debit will be made at the same time from the account corresponding to the bank card registered when registering on the application, which the Ordering Customer expressly accepts.
4.2.2 Any delay in the payment automatically entails, on the day following the payment date appearing on the invoice, the payment of interest of an amount equivalent to 8% plus the Bank of England base rate for business to business transactions times the legal interest rate as well as a lump sum indemnity for recovery costs in the amount of 50 pounds sterling in accordance with UK Law regarding Late Commercial Payments, without prejudice to possible compensation, under the conditions of law, of any other damage suffered by VAN GO ART COURIERS as a result of this delay.
4.2.3 In the event that several invoices are not paid, the payment of a part of the sums due will be attributed firstly to the non-privileged part of the oldest claims, whether or not they are time-barred.
4.3. Fees for changes to the Transport Order
4.3.1. Modification after Order Confirmation Any modification of the Transport Order, either on the initiative of the Ordering Customer, or because of circumstances outside VAN GO ART COURIERS’s control, leads to a readjustment of the Price initially agreed. The Ordering Customer must request the modification of his Transport Order by contacting VAN GO ART COURIERS and, if necessary, pay the price supplement that is due as per article 4.2 here above.
4.3.2. Amendments justified by the interest of the goods When the changes made by VAN GO ART COURIERS are justified by the interest of the goods, the Ordering Customer reimburses the costs incurred by VAN GO ART COURIERS upon presentation of the relevant supporting document(s).
4.3.3. Changes by the recipient If, during the carriage of goods, the recipient wishes to add paying options, VAN GO ART COURIERS will be entitled to invoice the recipient directly and the Ordering Customer will be jointly and severally guarantor of the payment.
4.4. Additional costs
Except in the event of a fault of VAN GO ART COURIERS, if additional charges unexpected at the time of the Transport Order on the Website become due and/or payable, the Ordering customer is automatically debtor of the said charges. These specific cases notably include the following:
- Wrong and/or vague information relating to the place of pick-up of the order and any other inaccurate and/or vague information relating to the picking-up of the order; Wrong and/or vague information regarding the place of delivery and any other inaccurate and/or vague information relating to the delivery of the order;
- Inaccuracy of the dimensions and/or weights supplied regarding the goods to be transported and/or their packaging;
- Unavailability of the consignee: if the absence of the consignee entails costs, for instance costs for additional journey or storage costs of the goods, these costs are due by the Ordering Customer;
- Refusal of the consignee to pay customs duties making it necessary to return the goods to the shipper: the shipper will not be returned the goods until full payment of the return costs. If he delays such payment, he will have to bear any related costs (storage for example).
- Any event that was unforeseeable for VAN GO ART COURIERS when the order was placed, such as a strike, border closures or restrictions on travel and/or transport.
4.5. Costs in case of cancellation
The cancellation by the Ordering Customer of his Transport Order not yet transmitted/communicated to the Substitute(s) of VAN GO ART COURIERS is done without charge for the Ordering Customer and without penalty unless where VAN GO ART COURIERS itself bears costs and/or penalties. In such a case, these costs/penalties would be passed on the Ordering Customer.
In the event that this cancellation would cause prejudice to VAN GO ART COURIERS, VAN GO ART COURIERS would be entitled to full indemnification of its losses by the Ordering Customer.
5. INSURANCE OF GOODS
VAN GO ART COURIERS gives to the Ordering Customer the opportunity to purchase insurance against damage (ad valorem insurance) covering the goods transported by the Insurer up to the value declared by the Ordering Customer. The cap of the insurance is fixed at £ 500,000.00 (five hundred thousand pounds) per claim, being specified that for any declared value higher than £ 500,000 ( five hundred thousand pounds), VAN GO ART COURIERS must, beforehand, send a special request to the ad valorem insurer, who has the freedom to accept or refuse to insure the goods in question. In these circumstances, VAN GO ART COURIERS may also refuse to transport goods which value is higher than £ 500,000. Any declared value for an amount higher than the £ 500,000 limit could not give rise to a compensation higher than the said cap, which the Ordering Customer accepts. The Ordering Customer guarantees that any person interested in the goods carried agrees not to seek compensation above the ceiling of compensation. It guarantees VAN GO ART COURIERS of any claim in this respect. This insurance is effective only after the Order Confirmation and the full payment of the Price.
This is an ad valorem insurance (damage insurance), intended to cover only material damage to the goods, to the exclusion of all other damages, including immaterial or indirect damage. An insurance certificate is available on the Website. VAN GO ART COURIERS cannot be held responsible for an insufficient or inadequate declaration of value of the Ordering Customer. It is the Ordering Customer’s responsibility to take additional insurances if need be.
The payment of the insurance indemnity by the Insurer to the Ordering Customer (or their beneficiaries) will be conditioned on the demonstration of the quality and the interest in the claimant's actions and the signing of the required documents (Receipt & release, etc.). VAN GO ART COURIERS is not a broker, insurance agent or insurance intermediary. The Ordering Customer agrees to provide VAN GO ART COURIERS with all the elements necessary for the declaration of the incident and VAN GO ART COURIERS will take the necessary steps with the ad valorem insurer.
Compensation of the Ordering Customer or of cargo interests by the Insurer compensate their full loss. Therefore, no other compensation can be sought from VAN GO ART COURIERS and/or its substitutes. Acceptance of the insurance compensation means waiver to claim against VAN GO ART COURIERS and/or its substitutes.
6. OBLIGATIONS OF THE ORDERING CUSTOMER
6.1. Packaging and labelling
The Ordering Customer is liable for the successful completion of the packaging and labelling of the goods in accordance with Article 4 of the ‘Transport Service’, except in the event that these services have been entrusted to VAN GO ART COURIERS and the Price related to these services has been fully paid. The Ordering Customer may send photographs, with a response time of two working days, showing as precisely as possible the packaging and packing in order to obtain confirmation from VAN GO ART COURIERS that they are suitable for the transport in question.
VAN GO ART COURIERS makes “packing guidelines” available on the Website, with which the Ordering Customer or the persons packing the goods on behalf of the Ordering Customer must comply. In case of non-compliance with these rules, VAN GO ART COURIERS cannot be held responsible for any damage to the goods and/or any additional costs resulting therefrom.
These “packing guidelines” are minimal recommendations. It is the duty of the Ordering Customer to make sure that the implementation of these recommendations suits the nature of the cargo, the date and type of carriage. In case of any doubt the Ordering Customer shall ask VAN GO ART COURIERS.
6.2. Reporting requirements and transport instructions
The Ordering Customer must give necessary and precise instructions in his Transport Order so that the Substitutes of VAN GO ART COURIERS can perform the transport and the accessory services ordered.
As such, the Ordering Customer must provide all information and necessary documents for the proper performance of the transport operation, in accordance with article 3.1 of the ‘Transport Service’, and in case of request by VAN GO ART COURIERS, complete them as soon as possible. If needed, notably as regards custom operations, the Ordering Customer mandates VAN GO ART COURIERS to issue, on its behalf, a proforma invoice mentioning information given by the Ordering Customer and, if necessary, to add information. Such a document will be sent to the Ordering Customer for its approval.
Failing for the latter to answer within 24 hours of the sending of this pro-forma invoice, the Ordering Customer will be deemed as having confirmed that the information on the pro-forma invoice is correct. In addition to the information and documents required by VAN GO ART COURIERS for the Transport Order, the Ordering Customer must provide any additional instruction regarding the transport, especially in the case of Special Transports, so that VAN GO ART COURIERS and its Substitutes can correctly organize the transport.
The Ordering Customer is prohibited from ordering a transport relating to illegal, prohibited or embargoed goods as per the law applicable to the carriage at stake. As regards embargos, are forbidden Transport Orders regarding cargo or carriage that is embargoed by UN, EU, the USA, France, Great Britain. Are also forbidden cargo and carriage that are embargoed in countries where the departure and delivery points are located and that are embargoed in any transit country.
All specific instructions related to the Delivery must be the subject of a written and repeated order for each shipment and they must be forwarded beforehand to VAN GO ART COURIERS via the Website, for its express prior acceptance. In any event, such a mandate constitutes the accessory of the main service provided by VAN GO ART COURIERS and its Substitutes.
6.3. Removal of the goods
The shipper is obliged to assist the Substitute(s) for the loading of the goods on board the means of transport and, where appropriate, their securing. The shipper shall be solely liable for any damage caused by his act or fault during these operations.
6.4. Failure of the Ordering Customer, impediment to transport
The Ordering Customer shall notify VAN GO ART COURIERS, with at least a three (3) working days’ notice, in case the goods cannot be handed over to VAN GO ART COURIERS within the prescribed time. In the event that this notice is not complied with by the Ordering Customer, the ‘Transport Service’ Service will be cancelled, and the Ordering Customer will be charged 100% of the expenses incurred by VAN GO ART COURIERS.
If, after the goods have been handed over to VAN GO ART COURIERS’s Substitute(s), the transport is impeded or interrupted temporarily or if the performance of the transport becomes impossible, VAN GO ART COURIERS may seek instructions from the Ordering Customer, who will have to reply as quickly as possible. VAN GO ART COURIERS will inform the Ordering Customer of all the foreseeable consequences of his instructions. VAN GO ART COURIERS will be entitled to a refund of the unexpected expenses upon presentation of the relevant supporting documents. Should the Ordering Customer fail to provide instructions to VAN GO ART COURIERS in due time, VAN GO ART COURIERS will take the measures as it considers best for the interests of the Ordering Customer in order to preserve the goods or carry them at its destination. The costs incurred in this way are passed on to the Ordering Customer who is liable for them and must pay them within the same period as VAN GO ART COURIERS's invoices. It may seek presentation of the relevant supporting documents.
When the impediment is attributable to the Ordering Customer, VAN GO ART COURIERS is also entitled to a refund of the unexpected expenses upon presentation of the relevant supporting documents.
6.5 Payment obligations
The Ordering Customer is obliged to pay the price and any accessories in accordance with the terms of article 4 of these general terms and conditions. VAN GO ART COURIERS shall not be obliged to exercise any diligence before payment of the price, i.e. receipt of the funds in its bank account, which the Ordering Customer expressly accepts.
7. NOTICES OF DAMAGE
Should it not be possible for VAN GO ART COURIERS's sub-contractor to check the condition and quantity of the goods to be transported or their packing (when this has not been previously confirmed by VAN GO ART COURIERS in photographs) at the time of pick-up, due to the fact that the packaging does not allow these elements to be checked, the Ordering Customer confirms that any reservations in this respect made by the carrier at the time of pick-up will be deemed to have been confirmed.
Notices of damage on Delivery must be made in accordance with the applicable regulations; they must at least be dated, express, written, detailed, precise and relate to the goods and be mentioned on the transport document. They must be confirmed in accordance with the applicable regulations and also be sent by the consignee to VAN GO ART COURIERS by email to the email address: firstname.lastname@example.org within forty-eight (48) hours with the words “urgent” in the subject of the e-mail. The Ordering Customer, if he is not the consignee of the goods, guarantees that the consignee will issue a notice of damage in accordance with the regulations and will inform VAN GO ART COURIERS, at the same time and in the same way (express, written, detailed and precise reservations relating to the goods).
The Ordering Customer agrees to preserve the goods pending the instructions of VAN GO ART COURIERS and, in particular, to allow the intervention of a surveyor to determine the extent and causes of the damage when it appears necessary to VAN GO ART COURIERS and/or the Insurer.
8.1. Liability of the Ordering Customer
The Ordering Customer is liable for all consequences of the absence, inadequacy or defectiveness of the packaging, packing, marking or labelling of the goods, unless VAN GO ART COURIERS had agreed to perform these operations at the time of the Transport Order and that the corresponding Price was paid by the Ordering Customer. The Ordering Customer is responsible for all the consequences of a breach of the obligation to give information regarding the carriage and to declare the very exact nature and specificity of the goods, especially when the latter requires special measures, particularly with regard to its value and/or the greed it is likely to arouse, its dangerousness or its fragility.
The Ordering Customer is responsible for all the consequences of delivering to VAN GO ART COURIERS’s Substitute(s) illegal, prohibited or embargoed goods. It guarantees them, as well as VAN GO ART COURIERS, from any claim resulting from the non-respect of this prohibition.
The Ordering Customer alone bears, without any recourse against VAN GO ART COURIERS, the consequences, whatever they may be, resulting from statements or documents that are erroneous, incomplete, inapplicable (for example, if the nature of the goods declared by the Ordering Customer to VAN GO ART COURIERS does not correspond to the goods actually transported), or provided lately, including the information necessary for the transmission of any summary declaration required by the customs regulations. In case of impediment to delivery, refusal of the goods by the consignee, as in case of failure of the consignee for whatever reason, the Price will remain due in full by the Ordering Customer. The latter will also have to pay storage costs, costs for returning the goods, for destroying it, for sale rescue and generally for all costs linked with the Shipment.
In case of immobilization of the means of transport on delivery or removal of goods, the Ordering Customer will be invoiced according to the rules applicable to the relevant mode of transport.
The Ordering Customer shall be solely liable in the event of non-payment of VAN GO ART COURIERS for any reason whatsoever, and in particular in the event that a direct debit cannot be made from its bank account for any reason whatsoever and for example in the event of insufficient funds in its bank account, a payment ceiling having been reached or an expired bank card. It is the sole responsibility of the Ordering Customer to ensure that the payment is properly made, i.e. that its account has been debited in favour of VAN GO ART COURIERS's account. In case of any doubt the Ordering Customer shall ask VAN GO ART COURIERS.
8.2. Liability of VAN GO ART COURIERS
VAN GO ART COURIERS, in its capacity as ‘commissionnaire de transport’, assumes a dual responsibility: (i) as a guarantor for its Substitutes’ act/omissions, according to the legal regime applicable to them, and (ii) for its evidenced personal acts/omissions.
When VAN GO ART COURIERS acts as a customs representative, whether it carries out the customs service itself or subcontracts it , its liability can only be incurred in the event of proven fault, within the period provided for in article 15 of these general terms and conditions and within the limits and conditions provided for in articles 8.2.2 and 8.2.3.
Whatever VAN GO ART COURIERS's service:
Unilateral set-off of the amount of alleged damage with the Price due to VAN GO ART COURIERS for the transport operation in question or for other transport operations is strictly prohibited. The Ordering Customer undertakes not to set-off. If it however sets-off, the Ordering Customer will have to pay, in addition to the Price, interests and fixed fee for late payment, plus 20% of the ex-VAT Price of the invoice that is not/belatedly paid, together with compensation for any loss suffered by VAN GO ART COURIERS, including court and lawyer fees if VAN GO ART COURIERS has to seize a Court.
Only proven, direct and foreseeable material damage may be compensated by VAN GO ART COURIERS.
8.2.1. The liability of VAN GO ART COURIERS is limited to that incurred by the Substitute in respect of the consignment entrusted to it. When the limits of liability of the Substitutes are not known or do not result from mandatory, legal or regulatory provisions, they are deemed identical to those relating to the personal liability of VAN GO ART COURIERS provided for in Article 8.2.2 of the present General Terms and Conditions. In the event that the packaging of the Shipment is not carried out by VAN GO ART COURIERS and/or one of its sub-contractors, and that it is not possible for the latter to check the packaging, securing, condition of the Shipment and/or its quantity prior to taking charge of it, VAN GO ART COURIERS's liability can only be incurred on the condition that it is shown that the damage occurred during transport and is not related to the quality of the packaging or securing. In any event, the limitation of liability in Article 8.2.2 shall apply.
8.2.2. Personal liability of VAN GO ART COURIERS. In all cases where the personal liability of VAN GO ART COURIERS is engaged, for whatever cause and reason, this personal liability is strictly limited, for all damage to the goods which is attributable to the transport operation as a result of loss and damage, and for all the consequences which may occur, at £ 20 per kilogram of gross weight of missing or damaged goods without exceeding, whatever the weight, volume, dimensions, nature or value of the goods concerned, an amount greater than the gross weight of the goods expressed in tons multiplied by £ 5,000. In case of proven damage resulting from a delay in the delivery, the compensation for damages is limited to the Price (taxes, duties and other expenses excluded). It is not VAN GO ART COURIERS's responsibility to ensure that the payment made to it has indeed been made by the Ordering Customer, in particular in the case of direct debit due to a purchase from the Ordering Customer.
8.2.3. VAN GO ART COURIERS’s exclusion of liability VAN GO ART COURIERS and its Substitutes are not liable for damages / wear & tear prior to them taking the goods in their custody.
VAN GO ART COURIERS is not liable when the Shipment do not correspond to the description provided by the Ordering Customer (whether in case of damage or in case of customs control) and/or when the Ordering Customer and/or the consignee have not allowed a surveyor mandated by VAN GO ART COURIERS and/or the Insurer to intervene after the goods have been declared damaged and/or lost. It is the responsibility of the Ordering Customer to ensure that the debit made by VAN GO ART COURIERS can be and has been successful. In particular, it is incumbent upon the Ordering Customer to ensure at the time of each order the validity of the registered bank card and its possible spending limit over a given period. VAN GO ART COURIERS shall not be liable in the event of any difficulty/delay in payment by the Ordering Customer and shall not be required to inform the Ordering Customer of this.
8.2.4. Return costs of the goods The eventual return costs of the goods are always supported by the Ordering Customer, even in case of damage, except when they are covered by the Insurer. Price is earned by VAN GO ART COURIERS, even where the Shipment is lost or damaged.
8.3. VAN GO ART COURIERS’s liability regarding the functioning of the Website Various factors out of VAN GO ART COURIERS’s control can affect exchanges between VAN GO ART COURIERS and the Ordering Customer and the way the Website works. VAN GO ART COURIERS is not liable for that. In the same trend, VAN GO ART COURIERS can stop its services in order to maintain its Website or be affected by technical difficulties regarding its Website without bearing any liability in this respect. In such cases, if the Ordering Customer needs to urgently be provided with a quotation of VAN GO ART COURIERS, it undertakes to send as soon as possible an e-mail mentioning “urgent” in its subject and to call by phone VAN GO ART COURIERS and to then mention that it urgently needs the requested quotation. For all damages resulting from a malfunction of the Website due to VAN GO ART COURIERS’s negligence, the compensation due by VAN GO ART COURIERS, in the case that its personal liability is engaged and proven, is strictly limited to the Price of the ‘Transport Service’ in respect of which the damage has originated or the Price that would have been invoiced by VAN GO ART COURIERS.
In all cases, the liability of VAN GO ART COURIERS cannot exceed £ 5,000.
9. USER COMMITTEMNTS
Users are solely responsible for the content they share in connection with the use of the Website, and undertake to ensure that all such information provided is lawful and does not infringe public order or morality, nor the rights of third parties, do not violate any legal or regulatory provisions, and more generally, is in no way likely to engage the civil or criminal liability of VAN GO ART COURIERS.
The User will refrain from sharing, notably and without the following list being exhaustive:
infringing, deceptive or misleading content, or content offering or promoting illegal, fraudulent or deceptive activities, defamatory, abusive, violent, racist, xenophobic or revisionist, pornographic, obscene, indecent, shocking content, content damaging the reputation of a third party, harmful content to the Website and/or to third parties (various viruses, Trojan horses, etc.), more generally, content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.
10. DATA COLLECTION
VAN GO ART COURIERS collects a certain amount of personal data about you on the Website and in the course of exchanges. Personal data is collected for the purposes of following up your requests for quotes or subscriptions, as well as for statistical and advertising purposes.
This personal information will be used and kept for the duration mentioned on the Bulletin on the processing of personal data. By agreeing to these General Terms and Conditions, you agree the terms of this Bulletin on the processing of personal data.
In accordance with the provisions of European Regulation 2016/679 of the Parliament and European Council (called “RGDP”), Users and Ordering Customers have a right to access, request, modify and delete information which concerns them, which them can exercise at any time with VAN GO ART COURIERS either by mail at the following address: 5 Holne Cross, Ashburton, Newton Abbot TQ13 7QU, or by email at the following address: email@example.com.
For security reasons and to avoid any fraudulent requests, this request must be accompanied by a proof of identity. This proof of identity will be destroyed upon request.
The information collected may be communicated to third parties linked to VAN GO ART COURIERS by contract. If you do not wish your personal information to be communicated to third parties, you can send an email to the following address: firstname.lastname@example.org.
This information may be disclosed pursuant to a law, regulation or by a decision of a competent regulatory or judicial authority or, if necessary, by VAN GO ART COURIERS in order to preserve its rights and interests.
When certain information is mandatory in order to access specific features of the Website, VAN GO ART COURIERS will indicate this mandatory character at the data entry phase. You are likely to receive commercial offers from VAN GO ART COURIERS or its partners. If you do not wish to receive such commercial offers, you can send an email to the following address: email@example.com.
If, during the consultation of the Website, you gain access to any personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an invasion of privacy or reputation of individuals. The Publisher declines all liability in this regard.
The person responsible for the processing of user data collected via the www.vangoartcouriers.com Website is VAN GO ART COURIERS LTD registered at Companies House Uk under Company number 09793366 and having its registered offices at VAN GO ART COURIERS LTD, 5 Holne Cross, Ashburton, Newton Abbot TQ13 7QU.
11. CONTENTS OF THIS WEBSITE
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all the computer applications that could be used to make the Website work, and more generally all the elements reproduced or used on the Website are the full property of VAN GO ART COURIERS or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of VAN GO ART COURIERS, are strictly prohibited. The fact that VAN GO ART COURIERS does not initiate proceedings upon becoming aware of these unauthorized uses does not imply acceptance of such uses and waiver of prosecution.
12. CONVENTIONAL PLEDGE
Whatever the quality in which VAN GO ART COURIERS intervenes, the Ordering Customer expressly recognizes to VAN GO ART COURIERS a conventional pledge carrying the right of retention and general and permanent preference over all the goods, values and documents in the transport operator’s possession, serving as a guarantee of all receivables (invoices, interests, expenses incurred, etc.) that VAN GO ART COURIERS holds against him, even before or outside the operations carried out with regard to the goods, securities and documents that are actually in its possession.
VAN GO ART COURIERS has a lien on the value of the goods subject to its obligation and the documents relating thereto for all its ‘commission’ claims on its principals, even born from previous operations.
In VAN GO ART COURIERS’s privileged debt are included, with the principal amount, interests, commissions and incidental expenses.
13. CANCELLATION OR INVALIDITY
If any provision of these General Terms and Conditions is declared null or deemed unwritten, all other provisions will remain applicable.
14. APPLICABLE LAW
In the event of a dispute or disagreement, only the Courts of VAN GO ART COURIERS's registered office (UK) will be competent.
The present General Terms and Conditions, the contracts concluded between VAN GO ART COURIERS and the Ordering Customer, and any dispute relating to the services provided by VAN GO ART COURIERS are exclusively subject to the non-exclusive jurisdiction of the courts of England and Wales.