Terms & Conditions
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Connect Mail Door to Door Distribution terms and conditions
1 Connect Mail Door to Door terms and conditions
2 Door to Door Service
Our Door to Door Service is the service we provide for delivering customers’ unaddressed items.
1a This document sets out the terms under which:
1a1 we agree to provide you with the Door to Door Service; and
1a2 you agree to meet the obligations set out in the agreement.
1b The agreement is made up of:
1b1 the preface – the part of the agreement that records the number and weight of your items you want to deliver using the Door to Door Service, and the relevant charges;
1b2 these terms and conditions;
1b3 the delivery schedule – the schedule which describes handover points (where you give us the items you want us to deliver), numbers of items and the preferred postcode sectors and dates for delivery which we supply in either paper or electronic format, and which we may change from
time to time, in line with clauses 3e and 4); and 1b4 the ‘user guide’ for the Door to Door Service.
3 The agreement
2a The agreement will begin on the date we receive your signed preface or, if you book online, the date we send you an email (with a breakdown of costs and delivery schedule attached) to confirm your booking.
2b If you book online with us, you will be considered to have read, understood and agreed to these terms and conditions.
2c You must check the details of your booking on the booking confirmation form or, if you book online, on the confirmation screen of the Door to Door website.
2d Once the agreement has started, you cannot make changes to it without our written approval. We have the right to refuse any changes.
2e If you cancel a delivery, we may charge you a cancellation fee (see clause 9e).
4 Your duties
3a When you transfer the items to us for delivery you must also provide a formal ‘proof of delivery of consignment’ form setting out the following.
3a1 The address the items have come from.
3a2 The address the items are to be delivered to.
3a3 The date and time you will deliver the items to the handover point.
3a4 The distribution start date.
3a5 The contract number. (This is the unique code we give you when we enter into the agreement. The code is shown in the preface.)
3a6 The number of items.
3a7 The distribution number. (This is shown in the delivery schedule, and corresponds to the year and delivery period – Monday to Friday – in which the items will be delivered).
3a8 The leaflet design number. This is the number which corresponds to a specific design of item being delivered in a delivery period.
3a9 The number of pallets or boxes (or both) being delivered.
3a10 The name and signature of your representative who delivered the items.
3a11 Space for us to record any comments.
You should also get the name and signature of our representative who confirms that we have received the items.
By ‘items’ we mean unaddressed single postal packets or mail made up of promotional material, including multi-ad items, which we receive from you. (A ‘multi-ad item’ is an item which contains advertising for more than one service, event or range of products.)
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3b |
You must not provide for delivery, and we have the right to refuse to accept or deliver, any items which, in our reasonable opinion: 3b1 are likely to cause embarrassment to us, our employees or the person who will receive the item; 3b2 will harm, or are likely to harm, our reputation; 3b3 are banned or restricted by law or by any regulations or guidelines; 3b4 do not meet the instructions in the ‘user guide; or 3b5 are dangerous (that is, are banned by law or could harm people). If we choose to use our rights under this clause, we will give you notice in writing. |
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3c |
If clause 3b applies and we choose to refuse to process the items, you must do the following. 3c1 Collect the items within five working days (Monday to Friday, except public and bank holidays) or any other shorter period we may specify. If you do not, we may destroy the items without contacting you further, and we will not have any liability to you as a result. 3c2 Pay the cancellation fees (see clause 8e) for failing to present the items in line with these terms and conditions. |
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3d |
You acknowledge and agree that we do not have any influence or control over the response of the person who receives the items. |
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3e |
We may change the delivery schedule at any time, if necessary, by giving you notice in writing. We will try to give you as much notice as possible. |
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3f |
If the items you provide break clause 3b4 (that is, do not meet the |
instructions in the ‘user guide’), we can choose to rework (repackage) the items and charge you our ‘rework fee’.
3g Unless clause 3h applies, we will, as a minimum, automatically charge the flat rework fee of £100.
3h If we decide that the cost of the rework is more than £100, we will contact you and give you an estimate of what the rework fee will be. We will not confirm the actual rework fee until we have finished repackaging the items. You can either:
- 3h1 agree to the rework and pay the rework fee; or
3h2 not agree to the rework and do the following.
- oCollect the items within five working days or any other shorter period we may specify. If you do not, we may destroy the items without contacting you further, and we will not have any liability to you as a result.
- oPay the cancellation fee.
5 Our duties and rights
4a We will make reasonable efforts to deliver the items (as long as they meet the requirements set out in these terms and conditions) within the times set out in the delivery schedule and in line with the terms in this clause.
4b We will confirm we have received the items at the handover point when you present a formal ‘proof of delivery of consignment’ form in line with clause 3a. However, this confirmation is neither proof of the number of items we have received or that they meet our requirements nor confirmation that we accept the items for delivery.
4c Our duties under clause 4a depend on the following.
4c1 If the ‘distribution operatives walk’ (the route the delivery officer has been allocated) crosses an area with a different postcode sector boundary, for the purposes of delivery we will allocate the walk to the sector in which most of the walk lies. This will mean that, in certain cases, items may be delivered to parts of postcode sectors that did not appear on the delivery schedule.
4c2 The number of delivery point addresses in any given postcode sector may vary from time to time. (A ‘delivery point address’ is any house, property or building, falling within a delivery officer’s walk, which can be identified and to which mail can be addressed and posted, and to which we can reasonably expect to deliver mail.) As a result, the number of items specified in the preface may not be the exact number that will be delivered.
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4c3 If there are not enough items for us to be able to deliver to all delivery point addresses shown in the delivery schedule, we will decide which delivery point addresses will receive an item. If certain postcodes have been changed as a result of a postcode update since the order was placed, we will try to deliver items to the same geographic areas. 4c4 We allow for a 5% difference (under or over) in the estimated total number of items we will deliver. If the overall total we actually deliver falls short by more than 5% of the estimated total, we may credit you an amount equal to the amount of the shortfall, as long as the shortfall has not been caused by you either failing to provide enough items for us to deliver or delivering the items to the handover point late. |
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4d |
We have a duty not to deliver any items to an address from which we have received a written request not to deliver such items (these addresses will not normally be included in the number of delivery point addresses) or where we do not consider it safe or sensible to do so. In either case, we will not be liable for paying you any refund or credit. |
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4e |
We may destroy any items left over after our delivery, without giving you notice and without having any liability to you. If you cancel a delivery after we have processed the items and dispatched them from the handover point, we may not return those items to you intact or at all. |
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4f |
We will not to deliver competing items to postcode sectors you |
have specified in the delivery schedule during a delivery period agreed with you. We will be entitled to deliver a multi-ad item with items for other customers, even if the other items could be considered to be competing directly with parts or all of the subject matter of the other customer’s multi-ad item. A ‘competing item’ is any item, except multi-ad items and items booked by or on behalf of the Government or a local authority, which does not come from you and which we consider should properly be categorised in the same category code as your items.
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4g |
If, after reviewing the content of your item, we decide that you did not apply the most appropriate category code to that item at the time you made your booking, we may: 4g1 apply the more appropriate category code; and 4g2 choose not to deliver the item, during the delivery period booked, to any postcode sectors in which it would be a competing item to another item previously booked for delivery during that same delivery period. If we decide to do this, we will charge you, as shown on the rate card (our price list), for the reduced number of delivery point addresses. Or, you can book extra postcode sectors or other delivery periods for the items to be delivered to or in. |
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4h |
We will have the right to inspect the items at the handover point to check that you are meeting the requirements of clause 3b. |
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4i |
Without affecting clause 4h above, we will not have a duty to carry out any checks to make sure you are meeting the requirements of clause 3b. Accepting your items at the handover point will not prevent us from later making you aware of any problems with your items and either demanding that you put right those problems or cancelling the delivery. |
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4j |
We can change the delivery charges after giving you three months’ notice in writing. If you have booked any deliveries in advance, the charges that were in place at the time that you made that booking (or made changes to that booking, if you did so later) will apply. |
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4k |
We can change the terms and specifications of the Door to Door |
Service after giving you three months’ notice in writing.
6 Charges, invoices and accounting arrangements
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5a |
You must pay 50% deposit of all our charges by the due date shown on the relevant invoice. |
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5b |
We will give you an invoice for our delivery charges, normally |
before the first day of each delivery. The amount on the invoice will be based on the number and weight of items for that delivery (as shown on the schedule), unless clause 4h applies. The invoice will also include any other charges that apply in line with the agreement.
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5c |
If you fail to make a payment by the date it is due (known as a ‘late payment’), we may, in line with clause 9a, cancel all or part of the delivery and end the agreement or cancel any other delivery scheduled to take place under the agreement. We will be entitled to charge interest on any late payment at the yearly interest rate of 4% above the Bank of England base rate that applies for as long as that payment is overdue. |
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5d |
If you disagree with the amount of an invoice, you must pay the invoice in full until we settle the dispute. If appropriate we will then refund any overpayment you have made. |
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5e |
If VAT becomes due on the Door to Door Service, we will give you an invoice and you must pay the VAT. |
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5f |
If the items you present for delivery weigh more than you have |
declared in the preface, we will be entitled to make an extra charge according to the tariff that applies at that time. In these circumstances, you agree that we will not be liable for delivering any items late or failing to deliver them at all.
7 Liability
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6a |
In this clause, ‘fail to make a delivery’ means any circumstances in which we: 6a1 deliver an item before the delivery period in which it was booked to be delivered; 6a2 deliver an item more than five working days after the end of the delivery period in which it was booked to be delivered; or 6a3 fail to deliver an item which was booked to be delivered. |
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6b |
If we lose or damage an item before we are due to deliver it and this is as a result of us not meeting an obligation we have under the agreement, we will pay you compensation for the loss or damage, in line with clauses 6d and 6e, up to the amount it would reasonably cost. |
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6c |
If we fail to make a delivery we will pay compensation. The amount |
of compensation will be based only on how much of the delivery was affected, although it will be limited to the delivery charges you paid for that delivery and will depend on whether clauses 4c4, 6d and 6e apply.
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6d |
You must, in each case, make your claim for compensation under this clause in writing, within 40 working days of the end of the relevant delivery period. You must support your claim by providing the following. 6d1 The ‘proof of delivery’ form we have signed (as needed under clause 3a), or any other proof which shows, to our satisfaction, that you handed over the items to us. 6d2 Satisfactory proof that we failed to make the delivery. 6d3 Any relevant information about the items, including (but not limited to) specific details of areas (including names and addresses) where we have failed to make a delivery. We will not consider isolated examples of a lack of response from the person who is meant to receive the item (or items) as full proof that we have failed to make a delivery. 6d4 In the case of clause 6b, satisfactory proof of how much it would cost to replace the items. If we investigate any complaint for which you have failed to provide satisfactory proof, we may claim from you, and you agree to pay, all reasonable costs we had to pay to carry out the investigation. |
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6e |
Except as set out in clauses 6b, 6c and 6d, neither we nor our officers, employees or agents will be responsible to you in any circumstances for: 6e1 any kind of loss, liability or cost including (but not limited to) loss of profit, loss of business, loss of goodwill or loss of business opportunity; or 6e2 any type of special or indirect loss, or loss arising from something else happening as a result of the loss, damage or delay to your item; regardless of how the loss or damage was caused, including if it is caused by the negligence of us, our officers, employees or agents. |
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6f |
We will not be liable for any loss, damage or failure to make a delivery, due to: |
6f1 the nature or content of any items;
6f2 us delivering items which are or may be dangerous;
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6f3 |
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6f4 |
the item breaking:
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6g We do not accept any liability caused as a result of any loss or damage or any failure to make a delivery, if you have failed to keep to the terms of clauses 3 and 5.
6h You agree to pay us for any costs (including legal costs) expenses, claims, losses and damages that arise, and compensation we have to pay, because of the circumstances described in clause 6f.
8 Intellectual property
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7a |
You must not use the Connect mail logos on your items without first getting our approval in writing. (The ‘Connect mail logos’ are the logos we have approved for use. They do not, however, include postage paid impressions.) We can withhold or grant approval on any conditions we choose. If we fail to respond to a request you have made for approval, this does not mean we have granted our approval. |
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7b |
You must only use the Connect mail logos in the exact form we have approved, and you must keep to the latest version of our branding guidelines for Door to Door items. We will give you a copy of the latest guidelines when you enter into the agreement with us. |
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7c |
You must not use any other trademarks or intellectual property rights (patents, copyrights and so on) that belong to us, or use or apply any other words, marks, logos or devices similar to those we use or which may, in our opinion, cause confusion or suggest you have an association with us. |
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7d |
You acknowledge that we own the trademarks and all intellectual |
property rights in them and agree not to do anything that would or might lead to our ownership no longer being valid.
7e Any goodwill in the trademarks belongs to us. You must make sure that any goodwill is legally transferred to us if we ask you to do this. You must not use the Connect mail logos, or allow them to be used, in a way which could, in our opinion, harm our reputation or that of our trademarks.
7f We can withdraw our approval at any time by giving you at least 30 days’ notice in writing. If this happens, you can present any items that carry the Door to Door logos and that we have approved for future delivery periods for delivery during those periods, but we will not accept any further items carrying the Connect mail logos after the last relevant delivery period.
7g You acknowledge that you will be breaking the terms of the agreement if you fail to meet any of the duties under clause 7.
9 Circumstances outside our control
8a If we are not able to, or refuse to, carry out our duties under the agreement for any period due to circumstances outside our control (including, but not limited to, fire, flood, riot, public disturbance, sabotage, natural disasters and industrial action), we will not have any liability to you for any loss or damage you suffer as a result.
8b We will make reasonable attempts to give you notice of circumstances outside our control and take whatever steps are reasonably practical to limit the effects those circumstances have on the Door to Door Service, and how long those effects last.
10 Cancellations and ending the agreement
9a We can, by giving you notice, cancel a delivery under the
agreement, or end the agreement altogether without giving notice if:
9a1 you fail to pay any charges due under clause 5 by the date they are due;
9a2 your bank refuses or chooses not to honour your cheque or direct-debit payment;
9a3 you have any debts left to pay from using our Door to Door Service previously; or
9a4 you break any of these terms and conditions in a significant way, and fail to put the matter right despite us having given you 10 working days’ notice to do so.
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9b |
We can end the agreement, after giving you notice, if: 9b1 you become bankrupt or unable to pay your debts; 9b2 you pass a resolution for winding up your business, or a court makes an order to wind up the business (other than for the purpose of reorganising your business); 9b3 a receiver, manager or an administrator is appointed over any or all of your assets; or 9b4 you make any arrangement with or for the benefit of your creditors. |
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9c |
We can, at any time and without having any liability to you, cancel a delivery under the agreement, or end the agreement altogether, after giving you three months’ notice in writing. |
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9d |
You can cancel a delivery or end the agreement at any time by writing to us. However, you will still have to pay any cancellation charges you owe us under the agreement. |
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9e |
You will need to pay cancellation fees in the following circumstances. |
9e1 If we cancel a delivery or end the agreement under clauses 9a or 9b, if we refuse to accept or deliver items under clause 3b, or if you cancel a delivery or end the agreement under clause 9d, you will pay a cancellation fee as set out below.
- If there are over 367 days left before the first day of delivery – 5% of the delivery charge (a minimum fee of £100 applies).
- If there are 187 to 366 days left before the first day of delivery – 10% of the delivery charge (a minimum fee of £100 applies).
- If there are 90 to 186 days left before the first day of delivery – 20% of the delivery charge (a minimum fee of £100 applies).
- If there are 89 days or less before the first day of delivery and you have not handed over the items to
- us – 50% of the delivery charge (a minimum fee of £100 applies).
- If there are 89 days or less before the first day of delivery and you have handed over the items to us – 100% of the delivery charge (a minimum fee of £100 applies).
- If you do not deliver the items to be distributed – 100% of the delivery charge (a minimum fee of £100 applies).
9e2 In line with clause 2d, if you ask to make a change and it results in an increase in the number of delivery point addresses in the area the items are to be delivered to, we will charge you, as shown on the rate card, for the increase in the number of delivery point addresses, or you will pay a cancellation fee as set out in clause 9e1, to return the number of delivery point addresses to the original number you booked.
9e3 If you ask to make a change that reduces the number of delivery point addresses in the area the items are to be delivered to, we will charge you, as shown on the rate card, for the reduction in the number of delivery point addresses that item was booked to be delivered to, or you can book extra postcode sectors or other delivery periods to return the number of delivery point addresses to the original number you booked.
11 Settling disputes
10a If any disputes or claims arise as a result of, or relating to, the agreement, your and our authorised representatives will work together in good faith to settle the dispute or claim within 10 working days.
10b During the negotiations, both you and we agree to continue to carry out our duties under the agreement until those duties no longer apply or the agreement is ended, except where you or we are clearly prevented from doing so due to the nature of the dispute.
12 Notices
11a Any notice we ask you to provide under the agreement must be given in writing in English.
11b We will send notices to you at the address you have given us for sending invoices to, unless you tell us otherwise. You should send notices to us at the address shown on the invoice or any address we give you.
11c You must send notices either by first-class or registered post, by courier, or by fax. You can also deliver them in person.
11d Unless clause 11d3 applies, we will consider any notice to have been received in the following timescales.
11d1 If the notice was sent by fax or courier, or delivered by hand, when it arrives at the place it was sent to. If that is after 5pm or on a day that is not a working day, we will consider the notice to have been received at 9am the following working day.
11d2 If the notice was sent by post, two working days after it was posted.
11d3 If the notice is sent by fax, and the sender receives an automatic report that the fax was not successful, the notice is considered not to have been received.
11e If you are not based in the UK, before you sign the preface you must give us a postal address in the UK for us to send notices to under the agreement. This address must not be a PO box address. You must have a postal address in the UK at all times while the agreement is in force.
13 General
12a Either of us failing to enforce or to exercise any term or right of the agreement does not mean that one of us gives up that term or right and will not affect their right to enforce or take advantage of the term or right at a later date.
12b You must not transfer your rights or duties under the agreement to anyone else (such as a subcontractor) without first getting our permission in writing. We can use subcontractors under the agreement.
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12c |
If either one of us wants to change or add to the agreement, they must put it in writing and both your and our authorised representatives must sign the document. (This does not apply if we change the agreement under clauses 4j or 4k.) |
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12d |
The agreement is governed by the laws of England and Wales. |
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12e |
If any court with the correct authority finds any term of the agreement to be invalid, illegal or unenforceable, this will not affect the other terms of the agreement. |
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12f |
A person who is not involved in the agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it. |
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12g |
These terms and conditions make up the full understanding |
between us.
Connect mail is a trading name for Connect Distribution (UK) Ltd. Registered address 111 High Street Rotherham S63 9DE. Registered in England. Registered Number 8316964
© Copyright Connect Distribution (UK) Ltd 2013. All rights reserved.
Terms & Conditions