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Terms and Conditions
General
The terms of use for this website, www.nkgroupdelivery.com (the “Website”) are applicable to all users (“you” and “your”) of the Website. By accessing the Website, you are deemed to agree to the following terms and conditions, the Privacy Policy; and any other relevant policies, terms and conditions and notices (collectively referred to as the “Terms of Use”) which are currently applicable or will be applicable to your use of the Website, without qualification.
If you do not agree to these Terms of Use, then you must stop using or accessing the Website.
We may change or update these Terms and Conditions from time to time. Any and all amendments to the Terms and Conditions will be published on the Website and will be effective as of the date included in the notice. You are responsible for checking these Terms of Conditions periodically to remain in compliance with these terms. You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as we will not be liable to compensate you for your failure to do so.
You agree that we may terminate these Terms and Conditions and/or your account at any time and without notice. Termination will include, but is not limited to:
your use of the account for illegal or fraudulent purposes or for any purpose prohibited by us, or other regulations.
Your failure to pay monies owed to us after thirty (30) days’ notice and such amounts remain outstanding.
We may return to sender, discard, destroy, donate, or auction your Goods within 90 days:
after receipt of unknown shipments, or after receipt of prohibited shipments, or shipments under an inactive account;
if you fail to pay the invoice or other charges including custom duties and Import VAT, by the due date;
if you fail to provide the documents needed for customs clearance or other documents and/or information as requested by the authorities or postal or delivery providers;
the packages were not clearly identified as belonging to you;
you do not claim the packages received to your Account.
Any shipment that cannot be delivered to you for reasons including, without limitations, your failure to pay, give proper instructions, including failure to clearly address the package, your failure to confirm your shipment is acceptable for entry into the destination country, failure to use our any services, failure to update your delivery address, or we are unable to contact you in few attempts will be deemed as uncollected goods and we will handle the shipment in any lawful manner considered appropriate, which may mean the shipment is discarded, destroyed, returned to sender, or auctioned.
You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts.
Registration
In order to be able to register, you must be 18 years of age or older. You will need to complete our Registration Form to set-up a an account on the Website, and pay the Account Registration Fee and/or Deposit amount if applicable. By registering for our Services, you authorize us to receive and deliver to you any shipments addressed to you in accordance with these Terms and Conditions.
Customers are required to make all payments using their own credentials and payment details. The payer's name must be provided and will be registered through the website. We retain the right to withhold any customer goods in the warehouse for up to 90 days, awaiting payment security clearance. Should we discover fraudulent purchases, such as those made using a stolen credit card, the goods will be promptly returned to the seller, and the customer account will be closed.
Our services
In certain limited circumstances (such as where we receive the order for delivery of suspected Prohibited Goods or Restricted Goods, or unable to organise a delivery to you) we may, whenever we think it is reasonable, refuse to provide the Services in a particular month or a period of time. In case of the later, we will credit you the amount of subscription fees as follows:
£10 for the Standard (Basic) Subscription per month, up to the full amount of the Subscription prepaid.
£25 for the Premium Subscription per month, up to the full amount of the Subscription prepaid.
We may refuse to accept any order placed by you in our absolute discretion (including, without limitation, the situations when the Goods do not comply with the requirements set out in these Terms and Conditions).
When placing an order, you:
acknowledge that we do not accept any liability in relation to any Goods we order, except to the extent expressly set out in these Terms and Conditions and that, if the Goods are faulty, damaged, or lost you will contact the Supplier and/or manufacturer of the Goods directly and not us; and
agree that we may, at our option, obtain identical Goods from an alternative Supplier. We are not required to pass on to you any cost savings or commission we gain as a result of obtaining the Goods from an alternative Supplier in this way.
Before we can accept your order, we check with your nominated web shop to confirm the correct price of the Goods and their availability. If the Goods can only be sourced with that Supplier at a higher price than you have specified, we will try to contact you first to confirm the new price or offer alternative Supplier and the price at which identical Goods may be sourced from such Supplier. We do not place an order with a new price and/or an alternative Supplier until you confirm to us that you are happy for us to do so. If the Goods are unavailable, we notify you and cancel your order.
We must receive the full price payable for the Goods, prior to handing them over to the delivery provider.
Delivery
You authorise us and our delivery providers to complete any necessary documentation for the purpose of customs clearance (where we are legally permitted to do so).
All delivery times indicated on the website are approximate, based on the general statistics provided by delivery providers and are not guaranteed.
We cannot be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain. Goods lost in transit as stated by the carrier, postal or delivery provider are deemed to be sent from our side and require full payment.
In the unlikely event that we haven’t received the Goods ordered in the UK despite domestic delivery provider showing the order as ‘delivered’, we will require a compliant picture and/or signature confirmation without assuming responsibility. Otherwise, especially in the case of a parcel left outside the premises, it can be consequently stolen, though still showing as ‘delivered at safe place’.
We will still try to raise a claim with the Supplier for Goods damaged, lost in transit or undelivered etc and if the claim is rejected, you agree that we shall have no liability to you in respect of that claim.
For the avoidance of doubt, we will not dispatch the Goods to you until we have received full payment for the Goods or the deposit amount is insufficient to cover it.
Delivery can be made to a specified home address, a company address, a postal branch in the recipient’s city, a Parcel Locker or other means available at the local delivery provider.
The postman/courier is not required to verify the identity of the person receiving the parcel at the recipient’s address. The person receiving the parcel at the address shall be deemed to have the right to receive the parcel.
Limitations
Weight: maximum permissible weight is 20 kgs.
There are two ways to determine the weight of the Parcel: actual and volumetric. The cost of Services shall be calculated by the greater weight value – actual or volumetric.
The volumetric weight is determined based on the external dimensions of the Parcel (whereas the external dimensions in the case of irregular shape are measured according to the most protruding points) using the formula: Volumetric weight [kg] = Length [cm] × Width [cm] × Height [cm] / 4 000.
Dimensions: largest side not greater than 100 cm, and the total sum of all sides not greater than 150 cm.
The parcel value may not exceed 1,000 Euro.
Customs clearance
Goods you require us to send through the Services may be subject to import duties and taxes. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be.
You will be regarded as the importer of any Goods that we send to you through the Services and it is your responsibility to comply with all laws and regulations of the country in which the Goods are to be delivered. Such Goods may be subject to opening and inspection or be held or confiscated by customs authorities. We cannot be liable for delays or Goods undelivered to you in such a case.
Returns
You are responsible for the return costs where:
we return any Goods to the Supplier; or
any Goods are returned to us because you are not available or refuse to accept delivery of those Goods at the Delivery Address on the date of attempted delivery by the delivery provider. Normally, there is another delivery attempt made and, if still unsuccessful, the goods are returned back to sender.
International return is a premium feature requiring Premium Subscription. In any case, the item cannot be returned to us later than 10 days from the date of receiving it. All returns have to be in new condition, not used with tags and with original packaging. Return fees and commission paid and postage fees are not refundable.
Refund / Cancellation Policy
Submitting a claim form is mandatory for claim investigation; otherwise, the claim will be considered invalid.
The refunds are processed during 30 days. We are not liable and cannot take any responsibility for any bank charges that you may incur during the refund process.
Refunds can be subject to and deducted with the payment processing fees we incurred when originally received the money from you in the first place.
We will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain.
Prohibited and restricted items:
Parcel may not contain:
valid and invalid banknotes and coins, including foreign currency, securities, payment cards, and other means of payment, stamps and postage stamps and other valuables, works of art, jewellery, excluding imitation of jewellery and costume jewellery; precious stones, precious metals, items of antique value and other items of special value, securities with a marked denomination in other than insured mail,
items of criminal origin;
firearms and pneumatic weapons and their parts, ammunition, edged weapons, items imitating firearms and edged weapons, other items specially designed for assault and defence (guns, pins, spray cans with liquid paralyzing effect, daggers, etc.);
substances such as: hydrogen peroxide, acids, high-octane pollutants containing oxygen (chemical compounds added to gasoline), as well as liquids and substances in packages found to contain hazardous substances labelled in classes 1–7 inclusive (In detail see: https://unece.org/transport/dangerous-goods/un-model-regulations-rev-22), such as flammable substances, flammable and explosive substances, radioactive substances and other hazardous items with appropriate labels (‘explosive materials and substances,’ ‘gases,’ ‘flammable liquids,’ ‘self-igniting substances,’ ‘toxic and infectious substances,’ ‘oxidizing substances,’ ‘radioactive,’ ‘caustic and corrosive substances,’ ‘other hazardous substances and products’), carcinogenic substances and any substances which may endanger human life or health;
cylinders with liquid or gas, including all types of fire extinguishers (except empty cylinders without a valve);
fluid containers without manufacturer’s labels (stickers) with information about the name of the substance, its properties and storage conditions, with signs of deterioration, signs of leakage, unpleasant odor, packaged improperly; if the liquid has chemical properties, appropriate marking is required;
fluorescent lamps and other products containing mercury or asbestos and products made of them (pipes, slate, etc.);
used batteries, including those for cars, motorcycles, agricultural machinery. New batteries for cars, motorcycles, agricultural machinery with contacts covered with factory plastic covers (both with and without factory packaging) may be transported only to the address.
animals, insects, animal remains, untreated skins, ashes or human remains, human and animal organs, tissues and body fluids, and other biologically active objects;
living plants, especially those requiring special transportation conditions;
specimens of endangered species of wild fauna and wild plants, unless otherwise provided for in a special regulation;
tobacco products, electronic cigarettes and their parts;
food products requiring special temperature conditions or with a shelf life of up to 5 days (the expiration date is indicated on the package), chilled or frozen food, dairy products, vegetables and fruit; transportation of other food products may be additionally restricted for territories subject to restrictions or instructions on embargoes, quarantine, etc., as determined by state authorities;
medicines and hygiene products requiring special storage and transportation conditions, ethyl alcohol, veterinary immunobiological products;
narcotic drugs, narcotic substances, cannabis substances (other than those permitted for sale), psychotropic and psychoactive substances and similar substances in particular are subject to special control in accordance with the legislation in force;
flavouring and odour-emitting items, items which are dirty and may cause harm to other objects or to human or animal health (including cooked food, heavily contaminated parts, items in oil or other corrosive substances, bacteria and live), viruses, toxic substances;
in the case of international shipments, goods whose import or export is forbidden or requires special permission in accordance with the regulations of the respective country of dispatch, transit or destination;
parcels whose shipping is prohibited under any applicable sanctions legislation, in particular due to the content, the consignee, the consignor or due to the country of origin or destination. Sanctions legislation includes all laws, regulations or sanctions measures (trade and economic restrictions) against countries, persons/groups of persons and companies, including measures imposed by the United Nations, the European Union and the European Member States, in particular Annexes I of the EC anti-terror directives 2580/2001 and 881/2002 or other sanctions registers in their applicable version, as well as parcels to a country of destination which is subject to restrictions on foreign trade (embargo measures);
items or goods the circulation of which is restricted or prohibited in either the jurisdiction in which the Parcel is sent from, or the jurisdiction in which the Parcel is sent to;
other items prohibited by applicable law or other regulation.
Additional restrictions for packages shipped by air:
Bengal lights and fireworks.
Gases in any package, including pepper and tear gases.
Flammable liquids, perfumes, colognes, nail polishes, etc.
Any fuel and empty containers from it.
All paints and their solvents.
Radioactive materials.
Corrosion inhibitors.
Pipe cleaners.
Oxygen-rich substances.
Containers with aerosols.
Cylinders for scuba diving.
Tanks for propane.
CO2 tanks.
Arms and ammunition.
Gunpowder.
Dry ice.
Tools that run on fuel.
Lighters and their fillings.
Matches
Rechargeable batteries, power supplies, batteries.
Alcohol-based agents, perfumes, nail polishes, and hair.
Alcoholic beverages.
Absorbers and other used spare parts or those containing lubricating fluids and materials.
The list of Prohibited Items is an exemplary only and may be amended from time to time.
Force Majeure
Neither party shall be held liable for any damages or breaches of the agreement or delay in the performance of the obligations arising therefrom (with the exception of any payments due thereunder) to the extent these circumstances have been caused by force majeure. Where the delay in the performance of obligations hereunder by either party is caused by force majeure, the date for the performance of the obligation is suspended for the period corresponding to the duration of the force majeure circumstances, and the parties affected must resume performance once the obstacle caused by force majeure has ceased. The party so affected shall make all business efforts reasonably possible to notify the other party and state, as soon as applicable and possible, of the extent and nature of force majeure.
Force majeure shall mean any event or unforeseeable circumstance outside the reasonable control of the parties and which cannot be reasonably avoided or prevented, and which has not been caused by errors or omissions of the parties so affected. They include in particular, but without limitation, actions in accordance with a decision of any government or other authority, war or national distress, unrests, civil unrests, terrorism, piracy, fires, explosions, floods, computer viruses, cyber-attacks, adverse weather, epidemics, pandemics, lockouts, strikes and other disputes (regardless of whether they concern the workforce of the party or their subcontractors), labour shortage, shortage of materials or services or the inability or delay in the acquisition of shipments.
Protection of personal data and Confidential information (GDPR clause)
We are a data controller and shall only process the personal data of a Sender or Recipient in accordance with the Privacy Policy available on the Website.
In providing the Services we may also process the following information which is not personal data:
information and data related to parcels and the services provided;
the content of correspondence.
We shall not be considered a data controller or data processor for any personal data that is contained within a parcel and shall have no liability in relation to any personal data in the event of misdelivery of a Parcel. We shall also not be liable for customs declarations and for decisions of customs authorities in the handling of the parcels presented for customs control.