This page tells you the terms and conditions (these Terms and Conditions) on which the collection and return services (the Services) listed on [www.myreturns.ie] (the Website) are provided.
Please read these Terms and Conditions carefully before ordering any Services from this Website. By clicking on the button marked “I accept” on this Website, you are deemed to accept the Terms and Conditions which, in the event that you order any Services from this Website, include the Conditions of Carriage (as defined below).
Please click on the button marked “I Accept” if you accept these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Services from this Website. You should print a copy of these Terms and Conditions if you order any Services from this Website for your reference.
1. INFORMATION ABOUT US
We are Deadline Direct T/a Deadline Couriers / MyReturns, a company registered in the Republic of Ireland under Company reg number 483460 and with our registered office at 45 Herbert Lane, Dublin 2. Our VAT number is 9749520I. We operate this Website.
2. SERVICE AVAILABILITY
Orders may be placed from anywhere in the world. Items for delivery can be collected from anywhere in greater London and greater Dublin (but not anywhere else) and can be delivered to any of our partner retailers who are listed on the Website.
3. YOUR STATUS
By placing an order through this Website, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED
4.1 You may place an order to purchase Services through this Website (your Order).
4.2 Your Order constitutes an offer to purchase Services from QParcel Limited T/A MyReturns (MyReturns) in accordance with these Terms and Conditions.
4.3 No contract will exist until MyReturns confirms acceptance of your Order. MyReturns will confirm acceptance of your Order by sending you an email acknowledging receipt and confirming the details of your Order (the Confirmation Email).
4.4 The contract for the performance of the Services in respect of which you have placed your Order is between you and MyReturns (the Contract).
4.5 The Contract is deemed to incorporate and is subject to the Conditions of Carriage (as defined below) which you are deemed to accept by clicking on the button marked “I accept” on this Website.
4.6 The Confirmation Email will also contain the contact details of the independent third party courier (the Carrier) who will complete your Order. If you have any questions with respect to your Order, the Contract or the Carrier please contact MyReturns.
4.7 Payment in respect of your Order is made to MyReturns.
4.8 Please thoroughly check all of the details that you have inputted before you confirm your Order e.g. description and weight of goods for consignment, collection address, collection date, name of recipient and recipient address.
4.9 You will have the opportunity to correct any errors that you may have made in inputting your details before you confirm your Order. You will not have the opportunity to do so after you confirm your Order.
4.10 The Carrier and MyReturns will arrange to collect and deliver the parcel containing the items or goods in respect of which you have placed your Order in accordance with the details provided by you.
4.11 You may cancel the Contract at any time. In that event you are not entitled to a refund.
5. CONDITIONS OF CARRIAGE
5.1 We wish to draw your attention to the following conditions which are known as the “Conditions of Carriage”:
(a) you are responsible for the packaging of the goods in respect of which you have placed your Order (the Goods);
(b) you warrant to MyReturns, with regard to the nature of the Goods, that the Goods are packaged so as to withstand the ordinary risks associated with the Services including the manual handling and vehicular transport of the Goods together with various other boxed and parceled goods and items of varying size and weight;
(c) you warrant to MyReturns that the Goods do not contain any dangerous goods or otherwise any hazardous goods or substances that could be reasonably foreseen to cause loss, damage or harm to any person;
(d) you are responsible for the veracity and accuracy of any name, address, telephone number, email address, description of the Goods, aggregate weight of the Goods or other information that you provide to us;
(e) the Goods must be available for collection on the date and at the time specified by you and accord with the description and weight provided by you;
(f) MyReturns reserves the right to terminate the Contract without refund in the event that you are in breach of any of the warranties that you are deemed to provide hereunder or otherwise in breach of any of the Conditions of Carriage;
(g) the Goods are deemed delivered when delivered to the delivery address provided by you on the Website;
(h) The liability of MyReturns is limited in all circumstances to a maximum amount of €50.
6. AVAILABILITY AND DELIVERY
The Service is an on-demand service and MyReturns will endeavor to fulfil your Order at the time and date set out in the Confirmation Email.
7. OUR STATUS
7.1 Please note that MyReturns operates the Website.
7.2 Please note that no contract will exist or be deemed to exist between you and the Carrier at any time.
7.3 The only contract arising as a consequence of the acceptance of your Order is the
Contract.
9. PRICE AND PAYMENT
9.1 The price of the Services (the Price) will be as quoted on this Website from time to time except in cases of obvious error. The Price includes value added tax.
9.2 The Price is liable to change at any time but subject to clause 9.6 changes will not affect your Order if MyReturns has already sent you a Confirmation Email.
9.3 We make every effort to ensure that prices quoted on this Website are accurate in all material respects. However, it is always possible that the Services may be incorrectly priced by us.
9.4 MyReturns will normally verify the Price as part of the confirmation procedure so that where the Price is less than the price quoted on this Website you will be charged the lower amount.
9.5 If the Price is higher than the price quoted on this Website, MyReturns will, at its discretion, either contact you for instructions before processing your Order or reject your Order and notify you of such rejection in which case you will be entitled to a refund.
9.6 MyReturns is under no obligation to provide the Services at an incorrect (lower) price, even after you have been sent a Confirmation Email, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
9.7 There is no refund in the event of the cancellation of a Contract.
9.8 In the event that your Order is accepted but cannot be fulfilled because of any event outside of the MyReturns reasonable control including force majeure events, you hereby acknowledge and agree that MyReturns will be entitled to its reasonably incurred costs and expenses (as determined by MyReturns acting reasonably) which it is entitled to set off against any monies paid by you in respect of the Services and you will thereafter be entitled to a refund of the balance.
9.9 Payment must be made by credit or debit card. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, Maestro and Laser.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications that are sent to you in relation to your Order should be in writing. When using this Website, you accept that such communication will be mainly electronic.
MyReturns will contact you by e-mail. We may provide you with information by posting notices on this Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we and/or the Carrier provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. NOTICES & COMPLAINTS
All notices given by you must be given to MyReturns. Complaints may be made to MyReturns at the address specified in the Confirmation Email.
MyReturns may give notice to you at either the e-mail or postal address you provide to us when placing your Order or by posting a notice on this Website. Notice will be deemed received and properly served immediately when posted on this Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it.
12.2 MyReturns may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any rights or obligations arising under it, at any time during the term of the Contract.
13. WAIVER
13.1 If we fail to insist upon strict performance of any of your obligations under any of these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 If MyReturns fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or if MyReturns fails to exercise any of the rights or remedies to which it is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.3 If the Carrier fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or if the Carrier fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.4 A waiver by either MyReturns or by the Carrier of any default will not constitute a waiver of any subsequent default.
13.5 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
13.6 No waiver by MyReturns or the Carrier of any of the Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by the Carrier.
14. SEVERABILITY
If any of these Terms and Conditions (including, for the avoidance of doubt, the Conditions of Carriage) or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. DATA PROTECTION
15.1 You hereby agree and consent that personal data within the meaning of the Data Protection Acts 1988 to 2003 provided by you:
(a) may be disclosed to the Carrier (and his agents) and to other independent third party service providers (together the Service Providers and each a Service Provider) who may be engaged in activities that include the fulfilment of your Order, the processing of your payment details and the provision of support services in connection with your Order; and
(b) may be used by the Service Providers in order to carry out functions necessary to the fulfilment of your Order, the processing of your payment details and the provision of support services in connection therewith, and that a Service Provider may contact you, where necessary, in this regard.
15.2 For the avoidance of doubt, the placing of an order for any Services by you will constitute consent:
(a) to us passing on personal data within the meaning of the Data Protection Acts 1988 to 2003 to a Service Provider;
(b) to a Service Provider using that information for the purpose specified under clause 15.1(b); and
(c) to a Service Provider contacting you where necessary in that regard.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business or that of the Carrier, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.2 You will be subject to these Terms and Conditions unless any change is required to be made to these Terms and Conditions by law or governmental authority (in which case it will apply to orders previously placed by you) or if we notify you of the change to these Terms and Conditions before we send you the Confirmation Email (in which case MyReturns and the Carrier have the right to assume that you have accepted the change to these Terms and Conditions, unless you notify MyReturns in accordance with clause 11, to the contrary).
17. LAW AND JURISDICTION
17.1 Contracts for the purchase of Services through this Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Irish law [the law of England and Wales]. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland [England and Wales].
17.2 Please also note that you must comply with all applicable laws and regulations of the country for which your order is destined. Neither we nor the Carrier will be liable for any breach by you of any such laws.