SECTION 1 – GENERAL CONDITIONS
By using Inverness Baggage you are accepting and consenting to the practices described in the Terms & Conditions of Service and any amendments and updates introduced by the company.
Inverness Baggage reserve the right to refuse service to anyone for any reason at any time.
Any content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any partys intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – UNACCEPTABLE LUGGAGE TRANSPORT & PROHIBITED USES
A transport is deemed unacceptable if:
No customs or ID proof/declaration is made when required by the driver or any other customs delivery regulations.
It contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics.
It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (Dangerous Goods).
The address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
It contains any other item which Inverness Baggage decides cannot be carried safely or legally.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Inverness Baggage is not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the shipment, any act or omission by a person not employed or contracted by Inverness Baggage – e.g. Shipper, Receiver, third party, customs or other government official; Force Majeure – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipment insurance does not cover direct or indirect loss or damage, or loss or damage caused by delays and inadequate packaging provided by the customer.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Inverness Baggage, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Inverness Baggage and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Inverness Baggage, 55 Church Street Inverness Scotland IV11DR
SECTION 17 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 Liability and claims
Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights under the Unfair Contract Terms Act 1977. For the avoidance of any doubt, when you deal with us as a business the Unfair Contract Terms Act 1977 is hereby excluded to the fullest extent legally possible and you are further referred to additional terms relating to business clients set out below.
Nothing in this agreement shall limit or exclude our liability for:
(a) Death or personal injury caused by our negligence
(b) Fraud or fraudulent misrepresentation
TX Parcels and the couriers offering the services available on our site to the customer shall perform the service in a professional manner with the appropriate level of skill and care. However, there are instances where damage to a consignment or loss of a consignment may occur whilst the courier you have chosen carries out the service. In such circumstances the liability we offer will be limited as set out in these terms and conditions. The reasoning behind such limitations of our liability is as follows:
(a) The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you
(b) The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that we could reasonably be expected to charge you for providing the Service(s) under this Agreement;
(c) It is not possible for us to obtain protection which would give unlimited compensation for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and on that basis, it is more appropriate for you to take out such protection;
(d) We wish to keep the costs of providing the Service(s) to you as low as possible;
(e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services.
(f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, and/or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any of the terms of this Agreement, or any terms implied by statute (where applicable);
(g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and is reported to us and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly.
To the greatest extent that is permitted by law, TX Parcels will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you booked.
We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this whole clause.
We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.
We shall not be liable to you under any circumstances where there are any material discrepancies (meaning more than 5% difference) between the declared dimensions and weights and the actual dimensions and weights.
We shall not be liable for any items sent that are listed on our prohibited and/or restricted items list, these will be sent at the customers own risk.
If a number of parcels or individually wrapped goods are sent as one through our service they must be encased within one outer box, as per our packaging guidelines. Failing to do this, any package or individually wrapped item that comes apart in transit resulting in one or more of them being lost, once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment.
We shall not be able to accept liability for any parcels that are handed to the wrong courier by the sender or that are left unattended for the collection to occur. It is the responsibility of the customer and/or sender to ensure the parcel is given to the correct courier. Items left unattended will be sent at the customers / senders own risk.
Where a parcel is sent on a service that does not require a signature and there is a valid delivery scan no claim for loss can be processed on that booking.
Should Inverness Baggae be liable for any reason, we shall (subject to these terms and conditions) only be liable to you up to the following amounts in the following circumstances:
The Limitation on the Amount of our Liability
(a) If the courier lose or damage all of a consignment we shall be liable for the amount the customer declared the parcel value as at the time of booking, limited to the amount of parcel protection available as standard, or purchased in addition, on the booking. For example should the contents have been declared as 100 pounds but the parcel protection available on the service booked is set to 20 pounds as standard inclusive protection, and no additional parcel protection purchased, we shall only be liable up to a maximum of 20 pounds. If the service booked does not include any standard inclusive protection, and no additional parcel protection purchased, we cannot accept any liability for loss or damage.
(b) We are only liable up to a maximum amount of standard inclusive protection on the service selected per consignment, unless the customer purchases any extra compensation for the Consignment from us at the time of booking.
(c) Where the declared parcel value on the booking is set to 0.00 pounds by a customer, no claim, regardless of the circumstances, will be processed as it will be deemed as being sent with no monetary value.
(d) If the courier lose or damage part of a consignment, the amount of the sum determined under clause above shall be pro-rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment (so, by way of an illustrative example, if a Consignment of 4 parcels was declared with a value of 20 pounds and a courier lost or damaged one of the parcels, we would only be liable for 25% of the total value, i.e. 5.00 pounds of the total 20 pounds declared value);
(e) Our liability is limited to the amounts set out above and is based on the actual value of the item at the date of loss.
For all claims to be able to ascertain the extent of our liability we do require proof of the value of the whole consignment and any part or parts of it which make it up within our required timeframes. The proof of value in all cases must be a receipt or invoice for the items.
(a) We will be unable to accept website screenshots, Catalogue print outs or similar item values as proof of value for the item you are sending
(b) We will only be able to cover for the cost of replacing the goods and will not cover for the profit you made on the item(s) or applicable value added tax (or like tax) on such profit
(c) We will not be able to accept a proof of value in the format of a word document.
For all claims of loss and part loss we must receive a proof of loss, in addition to the proof of value, as part of the claim within our required timeframes. This is an indication from the receiver that the goods have not been delivered/received.
(a) This needs to be signed letter from the receiver showing the date and full delivery address. This must be provided as part of the claim.
(b) We will not be able to accept an email as a proof of loss as we do require the receiver to sign a letter to advise the goods have not been received.
We will not be able to accept any claims for damage where the following, in addition to the proof of value, has not been received within our required timeframes:
(a) Photos showing the full extent of the damage to the item
(b) Photos showing the internal packaging used
(c) Photos showing the external packaging used
(d) A quote for the repair to the item
We shall not accept liability on any damage claims where the packaging does not comply with our packaging guidelines. As a minimum each parcel should be in a new, undamaged cardboard box that is strong enough to carry the weight of the goods, the goods should not touch any side of the box and must be cushioned using internal packaging that is of at least 5 centimeters thick all over. This can be bubble wrap or foam.
In all events of damage the item and all external and internal packaging must be kept and made available for inspection at the delivery address if required by the courier for 28 days from the claim submission date. Failure to have the item and packaging available should an inspection be requested could void the claim and we will no longer liable.
Where there are no physical signs of damage to the item we will not be liable and no claim will be processed in this event.
We shall not be liable for damage if the customer choosing a service that does not have damage protection available. It is the customers responsibility to check the service restrictions when making the booking.
Should your item be disposed of due to it being deemed unsafe, health and safety risk or not fit for transportation we shall not be liable in these instances.
We shall not be liable to you under any circumstance for any loss or damage unless you notify us by contacting our customer service, within 7 calendar days of the collection date. Any claims received after this point will be rejected.
After notification of making a claim or submitting a claim with missing documents you will have a maximum of 7 calendar days to submit a full claim or send through any missing documents. If this is not received within this time frame the claim will be rejected.
Should your claim be rejected and you wish to appeal this decision this must be done within 7 calendar days of the rejection notice being sent. Any appeals received after this date will be rejected and we will not be liable.
We can only accept, pay and discuss any matters to do with a claim/booking for our services with the person who contracts with TX Parcels. All other parties are not privy to this information.
Any item requesting to be returned but later delivered to the original receiver cannot be claimed against as we cannot guarantee to stop the parcel in transit. We cannot be liable for these instances.
All claims will be submitted to the relevant courier for review. Inverness Baggage reserve the right not to conclude any claim until a decision from the courier is received.
Inverness Baggage reserve the right to reject any claim should any of the above terms not be met.
Inverness Baggage has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
SECTION 19 YOUR INDEMNITY
We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement.
You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labeling of such Consignment.
You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out in clause 4.
SECTION 20 INTERNATIONAL CARRIAGE
If we are requested to collect from, or deliver a Consignment to, a country outside of the United Kingdom our terms of liability shall be governed by the relevant provisions of the Convention on the Contract for International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as amended) (the CMR Regulations) and, in particular, articles 17 onwards and those provisions shall be deemed to be incorporated into this Agreement and will apply in place of any inconsistent terms within this Agreement. We can provide a copy of these provisions if requested, but even if these are not requested you will be deemed to have read, understood and agreed to them and their incorporation into this Agreement.
In relation to that part of any carriage performed by air and if the transit by air involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention as amended may be applicable and the Convention governs, and in most cases limits, the liability of the Company in respect of loss of or damage to consignments.
We shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through a delivery of any Consignment and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing a booking with us. If any such charges become due as a result of a delivery of a Consignment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 working days of our demand.
We supply documents that are necessary to travel with your parcel for the use of customs and other such departments whilst the parcel is in transit. Neglecting to print or attach these documents to your parcel or not completing them in full may result in your parcel being delayed or returned. TX Parcels will not be liable in such instances and no refund will be processed. It is the customers responsibility to ensure that all the correct and necessary paperwork is accompanied with the parcel in transit and that it is fully completed and accurate.
It is the customers responsibility to ensure that they have satisfied the needs of the receiving country when sending a parcel through us and that the receiver has the necessary documents or clearance to import into that country. TX Parcels will not be liable for any parcels returned due to the receiver not having the necessary documents or clearance to accept the parcel. Any return charges incurred due to this will be surcharged to the customer.
This policy also applies to imports where the receiver is liable for all customs taxes, duties and other Charges
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org