Terms & Conditions
Ecbac Ltd Trading as Zendfast, Standard Terms and Conditions of Trading
1. PROVISION OF SERVICES
a) The www.zendfast.com website is hosted by Ecbac Limited trading as Zendfast (this Website Service).
b) This Website Service is provided to you by Ecbac Limited Trading as Zendfast and your Contract for the Transportation of your goods and other services is formed with Ecbac Limited Trading as Zendfast. www.zendfast.com
c) The Services are provided by Ecbac Limited Trading as Zendfast, a company registered in Ireland under company registration number 567127 whose registered office is at 1 St Mels, Lower Main Street, Rush, Co Dublin, and (where appropriate) subcontractors or couriers acting on its behalf (Ecbac Ltd Trading as Zendfast/we/us).
d) We may send you marketing information with your order.
e) These Terms and Conditions (these Conditions) apply to this Website Service.
f) This Website Service is available to individuals aged 18 years or over, resident within the Island of Ireland. Orders may only be placed by the registered cardholder of the card used to pay for the orders.
g) These Conditions are only available in English and we will only communicate with you in English.
h) These Conditions may not be changed unless a Director of Ecbac Limited Trading as Zendfast has written to you to say that Ecbac Limited Trading as Zendfast has agreed to the change.
a) By using this Website Service you confirm to us that you:-
i) are at least eighteen (18) years of age;
ii) are the registered holder of the payment card;
iii) have read and understood these Conditions; and
iv) agree to be bound by these Conditions and to comply with all applicable laws and regulations.
3. DEFINITIONS AND INTERPRETATION
In these Conditions, the terms below mean the following.
a) You, your – the person (including a Consumer), firm or company that enters into the Contract with us. (Ecbac Ltd Trading as Zendfast)
b) Agent – a person who acts on another’s behalf.
c) Booking-in – where we are required by you or someone at the Delivery Address to book a time slot for delivery of the Consignment.
d) Consignee – the person (including a Consumer), firm or company that is to receive delivery of any Consignment.
e) Consignment – goods contained in one Delivery Item or a maximum of ten (10) separate Delivery Items that are sent together from exactly the same address at one time in one load by or for you bearing exactly the same Delivery Address.
f) Consumer – a person who, in entering into the Contract, is acting for purposes outside his or her business or trade.
g) Contract – the contract for Transporting your goods or providing other Services between you and Ecbac Limited Trading as Zendfast to which these Conditions will apply.
h) Dangerous Goods – goods classified as dangerous goods by UNECE from time to time or by the IATA Dangerous Goods Regulations (DGR) or goods which present a comparable hazard. Dangerous Goods are also goods which can cause direct physical damage, are capable of causing injury to people or their health, or are physically dangerous to other goods.
i) Delivery Address – exactly the same address printed on the Delivery Item to which the Delivery Item is to be delivered under the Contract.
j) Delivery Item –, International Parcel, Pallet, Parcel as appropriate.
k) Duties – has the meaning set out in Condition 12(g).
l) ESCD – an electronic signature capture device which is capable of receiving storing and transmitting information about you and/or the person goods are delivered to, including signatures.
m) Geodata – computerized data indicating the geographical location of any computer (including computers, phones, tablets or any other computer equipment).
n) International Parcel Services – the services of that name purchased by the Customer for a parcel which weighs no more than 30kgs in weight, is less than 0.70 metres in length, with maximum dimensions of 0.70 metre long, 0.60 metre high and 0.55 metre wide.
o) International Services – services supplied by us outside the Ireland including without limitation, International Parcel Services.
p) Message Service – the sending of an email or mobile telephone text message by us to the receiver of the Consignment to advise the estimated time of delivery of the Consignment.
q) Neighbour – a person who lives or works in a property within 50 metres walking distance of the Delivery Address.
r) Parcel – a single item weighing up to 30kgs in weight, and with measurements of not more than 1.0 metre long, 0.60 metres wide and 0.70 metres high.
s) Personal Data – has the meaning in the Data Protection Act 1998, as amended or replaced, and includes contact details, mobile phone numbers, names, addresses, email addresses and Geodata.
t) Pickup Services – the services where you or the Consignee selects the option for the Parcel to be picked up or dropped off at a third-party location, such as a local shop, which is close to the original Delivery Address (“Pickup Location”) or where we elect to deliver the Parcel to such a third party location in accordance with Condition 10(f).
u) Scan Record – a laser created electronic record which is created by us.
v) Service(s) –the delivery services we offer from time to time including, without limit, Same Day Delivery, Next Day and On Demand Services, International Services, Pickup Services and any delivery services offered in relation to Parcels.
w) Storage – has the meaning set out in Condition 11(d).
x) Transport – has the meaning set out in Condition 11(a), and the terms Transporting, Transportation, Transported and other similar terms shall be construed accordingly.
y) Ireland – ROI and NI
z) Website – www.zendfast.com
a) As long as you keep to these Conditions and subject to Condition 4(b), we will provide the Services which have been agreed by you and us.
b) We will only be able to perform the Services for you if the Consignments are to be collected from an address on the Island of Ireland or handed to us at a registered Pick-Up Point on the Island of Ireland.
c) We will only accept goods for Transportation under these Conditions.
d) If Conditions 4(b) or 4(c) are not met, we may terminate the Contract immediately.
e) Only these Conditions will apply and not any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. We will be considered to have given you notice of these Conditions if and as soon as you place an order with, or accept an offer from, us to perform the Services.
f) We may Transport goods by any means and by any route whatsoever.
g) We reserve the right, to inspect all Consignments to ensure that they are compatible with our network and are capable of Transportation to the country of destination within our standard procedures, customs, declarations and handling methods and in compliance with all laws.
h) You acknowledge and agree that all Consignments which are to be delivered to the European Union or Northern Ireland may require a commodity code to be declared within the booking process (see https://www.gov.ie/trade-tariff). The commodity code classifies goods for import and export and will enable customs authorities to determine if any taxes and/or duties are payable. If the local customs authority determines that any additional taxes or duties are payable because you have provided us with an incorrect community code for your Consignment, you acknowledge and agree that the customs authority will impose such taxes or duties, which the recipient of the goods will be required to pay. It is, therefore, your responsibility to ensure that when you place a Service Order for any Consignment which is to be delivered to the European Union or Northern Ireland, you select the correct commodity code and that is it accurate to the best of your knowledge. We accept no responsibility or liability if such additional taxes or duties are payable in such circumstances.
5. PARTIES AND SUB CONTRACTING
a) If you do not own some or all of the goods stored or carried, we will consider that you are the Agent of the owner(s) and that if any other person has an interest in the goods you are acting as his or her fully authorised Agent also.
b) We may use third parties to carry out the Contract. Any third party will also have the right to delegate their rights and obligations, and these Conditions will apply to those third parties.
6. GOODS NOT ACCEPTED FOR TRANSPORTATION OR STORAGE
a) We will not accept any of the following goods for the Services unless a Director of Ecbac Ltd Trading as Zendfast has written to you to say that we have accepted them. Unless we have written to you, we are not responsible in any way for the following goods. This includes losses arising from our or any third party’s carelessness.
i) Dangerous Goods, hazardous goods, flammable goods.
ii) Items which cannot be carried by one person or which may cause direct or physical damage to an individual or to other goods.
iii) firearms, tobacco products, works of art, jewellery (including watches), cash, glass or any articles (or part of them) that are made up of glass, porcelain, earthenware or other similar materials, documents which can be exchanged for cash or goods or services (for example cheques, vouchers with a face value, event tickets), personal effects, precious metals (including gold or silver items), antiques, furs or any other valuables, alcohol including wines, beers and spirits, liquids of any kind, televisions or monitors with screens larger than 37″, body parts or human remains, living or dead animals, fish or birds, or any living organism of any type (including trees and plants), food and “Non Excepted” batteries (click here for guidance) bathroom suites, narcotics, pornography, wet ice & white goods (i.e. fridges, washing machines etc.)
iv) Any goods not allowed under the local laws or regulations in any country where the goods are Transported; and/or
v) Any goods which require temperature-controlled Transport.
b) We may reject or destroy Consignments at our reasonable discretion, including for reasons of security or safety and we will not be responsible in any way for this, including losses arising from rejection or destruction.
7. GOODS NOT MEETING SERVICE DESCRIPTION
a) If you book or request the collection of goods which do not meet the description of the relevant Service in Condition 3, we may:
i) refuse to collect the goods even if you have been given a consignment or order number; or
ii) (If we collect the goods), refuse to store or deliver them and return the goods to you as soon as reasonably practicable, but at your cost.
b) Where we return the goods to you under Condition 7(a)(ii) or where we collect and then Transport the goods, these Conditions will apply to the Transportation of the goods (except Condition 13), but because the goods do not meet the description of the relevant Service we will not be responsible to you or anyone else if we do not deliver the goods.
8. PACKAGING, LABELLING AND RECEIPT OF GOODS
a) You must properly and sufficiently pack and label all goods for the intended Service and destination, in particular: –
i) You must pack the goods so that the Consignment or the contents of the Consignment or any other goods being Transported by us will not be lost or damaged whilst being Transported and will not cause injury or damage to any person, any property or other goods.
ii) If the Consignment has been pre-packed, for example new goods in a display box, the requirement to properly pack the goods set out in Condition 8(a)(i) must include packing the Consignment so that the packaging will not be damaged whilst being Transported.
iii) You must ensure that the labelling has the full address and postcodes of both the person or company sending the package and the person or company receiving it.
iv) If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in Transportation resulting in one or more of them being lost, then once the remaining package(s) are signed for by the Consignee, you accept that you cannot make a claim for loss or partial loss of that Consignment.
b) You must ensure that the goods in any Consignment are not subject to any licences, permits, certificates, restrictions, or anti-dumping or countervailing laws or regulations.
c) You must ensure that the goods are not destined for any country, company, organisation or individual that is subject to any export control list;
d) It is your responsibility to tell the receiver of the Consignment when it will be delivered. For International Services, if the Consignment is returned to us, we may charge you up to €10.00(this is the cost to us) for the wasted journey made in attempting to deliver the goods.
e) If we attend an address to collect a Consignment and no one is in so that we are unable to make the collection, in addition to our rights at condition 12(e) below, we will let you know that we attempted to collect the Consignment and, until you contact us to re-arrange a new collection time, we will not be required to re-perform the Services.
9. LOADING AND UNLOADING
a) We will load and unload the Consignment, but we will not deliver the Consignment any further than the front door of the Delivery Address.
b) We will not be required to provide any services other than the Services unless you have asked, and we have agreed to provide additional services in writing before the collection or delivery is made.
c) We cannot be required to provide any equipment or labour, other than the driver collecting or delivering the Consignment, which may be required for loading or unloading a Consignment.
d) Any Consignment (or part of a Consignment) requiring any additional equipment or labour for loading or unloading shall be accepted by us for Transportation only on the understanding and condition that such additional equipment or labour shall be made available by you or the Consignee at the address for collection, the Delivery Address or the Pickup Location as required. Where such equipment is not available and if we agree to load or unload the Consignment (or part of the Consignment) we shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
e) To be clear, any instructions you give our drivers are not legally binding on us and we have the right to reject your instructions.
10. PROOF OF RECEIPT
a) When we receive Consignments, we are entitled to scan them to produce a Scan Record as evidence of receipt.
b) We will, if asked to do so, sign a document prepared by you to acknowledge that we have received the Consignment or goods. However, this document will not be evidence of the condition or correctness of the description, quantity, or weight of the Consignment or goods at the time we receive them.
11. TRANSPORT AND UNCLAIMED GOODS AND UNDELIVERED GOODS
a) This condition explains how we define “Transport”. The definition of Transport is important because it sets out when we are responsible for the goods (subject to Conditions 6, 13, 14, 15, 16, and 17) and when we are not.
b) Transport will begin when the Consignment is handed to us at the collection point or at our premises.
c) Unless we tell you otherwise, Transport will end either:
i) when we offer the Consignment for delivery at the Delivery Address; or
ii) when, on your or the Consignee’s instructions, the Consignment is left in a safe place; or
iii) when, on your or the Consignee’s instructions, the Consignment is made available for collection at one of our depots; or
iv) when the Consignment is offered for delivery in accordance with Condition 11(e); or
v) when, following attempted delivery or where the Consignment is damaged or comprises Dangerous Goods, the Consignment is held by us for collection, when the Consignee or a person authorised on the Consignee’s behalf collects the Consignment from our depot, and if we hold Consignments under Conditions 11(c)(iii) or 11(c)(v) we will consider that Transport has ended if the Consignment is not collected within a reasonable time. In that situation, the Consignment will be held strictly at your risk and we may dispose of it under Condition 20.
d) Subject to Condition 8(e), and except in relation to Conditions 11(c)(iii) and 11(c)(v), where for any reason we cannot Transport the Consignment to the Delivery Address or we cannot complete delivery at the Delivery Address, the following will apply:-
i) we will attempt to contact you and request a new address and/or the required details to which the Consignment can be delivered in the country where the Consignment is; and
ii) if we cannot contact you within a reasonable time, or if you do not give us a new address and/or the required details for delivery within a reasonable time, we may deal with the goods as set out in Condition 20. When we store the goods before disposing of or destroying them as set out in Condition 20 (known as “Storage”), the goods will be held entirely at your risk.
e) Under Conditions 11(c) and 11(d), a reasonable time is 14 days. f) We may deliver the Consignment to a Neighbour of the Consignee’s address or a concierge at the Consignee’s building or a Pickup Location within our delivery hours and, for the purposes of Condition 11(b), Transport of the Consignment will end at the time of delivery to the Neighbour or obtaining a signature from the concierge or other recipient, or leaving the Consignment at the Consignee’s building.
12. PAYMENT AND PRICING
a) If you are a business customer with a business account then:
(i) you shall make payment to us by Credit Card or COD or within 7 days of the relevant invoice being issued to you, such invoice to be issued monthly in arrears.
(ii) without limiting any other right or remedy of ours, if you (as a business customer only) fail to make any payment due to us by the due date for payment, we shall have the right to charge interest on the overdue amount at the rate of 8% per annum above the then current Bank of Ireland’s base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly; and
(iii) you shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part. We may, without liming our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
b) If you are not a business customer with a business account, you shall pay all charges applicable in respect of the Service(s) provided by us in accordance with the payment terms set out in the Service Order.
c) You will pay our charges for the Services as set out on the Website.
d) To be clear, the charges for the Services are not refundable if the Consignee or recipient does not accept the goods or Consignment.
e) We may charge the higher of:-
i) the volumetric weight or
ii) the actual weight, for all Consignments.
f) We may check the dimensions and/or weight of each Consignment. In the event we find that the dimensions and/or weight of a Consignment have been under-declared by you, you agree:
(i) that the dimensions and/or weight that we reasonably determine may be used for the purpose of the calculation of our charges.
(ii) we may charge any price difference to you in accordance with our current rates and may also charge an administration fee for correcting such underpayment/additional charge (together, “Correction Charges”);
(iii) if you are not a business customer with a business account, to authorise us to debit the Correction Charges directly from the debit/credit card, Prepay account that you used to make the original payment. If the Correction Charges (whether whole or part) cannot be paid by this means, the balance is due within 7 days of a relevant invoice being issued to you; and
g) We may charge you a fee of €15 for any goods which need Booking-in at the Delivery Address. If Booking-in is required, we will attempt to contact you to arrange payment. If we are unable to contact you to arrange payment, we will return the goods to the consignor.
h) Where we attend any address to collect the Consignment and no-one is in so we are unable to collect the Consignment, we may charge you €10.00, which is the cost to us of attempting to collect the Consignment and the associated administrative costs.
i) The price for the Services shown on the Website includes Value Added Tax at the current rate.
j) For International Services, you are responsible for paying any duties, taxes, levies, customs assessments, fines or other penalties and unusual costs, claims and expenses (including administrative costs) (“Duties”) for Transporting the Goods outside the United Kingdom. We will try to give you an estimate of any likely Duties, but if we pay, or agree to pay anyone, any Duties for any goods on your behalf, the following will apply:-
i) We will do this on the basis that we are acting as your fully authorised Agent;
ii) Whether or not we deliver the goods to the address to which they are sent, you must pay our invoice for the Duties, in full immediately after you receive it; and
iii) If you do not pay our invoice as required by Condition 12(g)(ii) above, we may deal with the goods as set out in Condition 20, but our invoice will still be payable. h) We do not guarantee delivery times. We will not be responsible for any losses as a result of the delay in delivery, either under the Contract or as a result of our fault or carelessness.
k) Should the provision of any Service(s) mean that we have to deliver a Consignment on a bank or other public holiday, we shall be entitled to make a reasonable extra charge for any additional costs incurred by us as a result.
l) All charges stated, whether by invoice or in the Service Order, shall be exclusive of any applicable value added tax, which shall be added to the total sum payable to be repaid by you.
m) From time to time, we may provide you with a discount code to be used with your order. You may only use a discount code once with one order.
n) In the event that you use the same discount code with more than one order, we may, at our absolute discretion:
(i) cease trading with you and/or your business;
(ii) remove your ability to place orders with us.
o) We shall be entitled to exercise any possessory rights, or rights of lien (“Lien”) (including the rights to disposal of the Consignment), available to us over any Consignment in our possession against you. We have the right to enforce the above Lien notwithstanding the title of the Consignment.
13. LIABILITY FOR LOSS AND DAMAGE
a) Except as set out in this Condition 13 and in Conditions 6, 14, 15, 16, and 17 we will be responsible for any physical loss of, or physical damage to, goods while we are Transporting them, and storage other than storage under Condition 11(c). This will not apply if the loss or damage has arisen from or consists of the following: –
i) You or the person receiving the goods not taking or accepting delivery within a reasonable time.
ii) Insufficient or inadequate packing, labelling, or addressing or which are not as set out in our packing, labelling and addressing requirements mentioned in Condition 8. This includes using an incorrect postcode or not using one.
iii) Any special handling requirements for the goods which you have not told us about.
iv) Loss, damage or breakage of goods or any part of them which we do not accept for Transportation or storage as set out in Condition 6.
v) Anything you or the owner of the goods, or the Agents of either you or the owner of the goods does or does not do.
vi) Natural loss of bulk or weight, hidden or built-in fault, weakness or natural wear and tear, loss of value, moths, vermin or the effect of any process of cleaning, dyeing or restoring any article.
vii) Seizure under legal process.
viii) Delay in providing us with safe and adequate access and/or delivery instructions.
ix) Any event or circumstance beyond our reasonable control as set out in condition 23.
b) We will not be responsible in any way for a Consignment or other goods: –
i) if you have committed fraud or the owner of the goods or your or their employees or Agents have done so; or
ii) the Consignment was not in Transport or in Storage at the time of the loss and/or where the Consignment does not have a Scan Record showing that the goods were provided to us
14. LIMITING AND EXCLUDING LIABILITY
a) The following Conditions set out the maximum we will pay to you for causing the physical loss of or physical damage to any goods while we are Transporting them as set out in Condition 11, and Storage (other than storage under Condition 11(c)) but please read Conditions 6, 13, 15, 16, 17 and 18 and Conditions 14 (b), (c) and (d). Our maximum responsibility will be the lower of:-
i) Subject to condition (b) below, for goods and/or Consignments carried within the United Kingdom, we will pay the lower of:-
1. €50 per Delivery Item; or
2. the replacement cost of the items comprised in the Delivery Item; or
3. the replacement cost of lost or damaged goods, but you must provide proof of the replacement cost of the goods lost or damaged; or
4. the repair cost of damaged goods, but you must provide proof of the repair cost of the goods damaged.
ii) For all International Services: –
1. If the goods are Transported by road, the conditions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) May 1956, Geneva and the Protocol of July 5th 1978, Geneva will apply which means that we will pay up to €50 for damage to or loss of goods in any Consignment.
2. If the goods are Transported by air, we will pay up to €50 a Consignment unless the Warsaw Convention of 1929, as amended by the Protocol signed in The Hague on September 28th1955, applies in which case we will pay up to €50 for damage to or loss of goods in any Consignment.
b) Any payment we may make under Condition 14(a) is subject to the following: –
i) Where the replacement cost of lost or damaged goods or the repair cost of damaged goods is less than the amount payable by us under Condition 14(a) to (d), then we will only pay you the replacement or the repair cost.
ii) You must provide proof of the value of any goods lost or damaged.
c) Despite Condition 14(a) above we will not be responsible whether under the Contract or if we break the contract or we do not perform the Contract or as a result of our carelessness or other fault for, subject to paragraph (d), below, any business or trade losses, loss of profits, indirect or consequential loss or damage of any kind, including any loss of reputation, loss of business or loss of goodwill, or the cost of re-printing or of assembling again the information contained on the goods.
d) Note: This Condition 14(d) only applies where you are a Consumer. We will be responsible for indirect and consequential loss if and to the extent that we could reasonably have anticipated that loss at the time we entered into the Contract.
e) We will be responsible to you if we cause injury to or the death of anyone as a result of our carelessness or deliberate wrongdoing.
f) Except as set out in condition 14(e), our total responsibility if we break the Contract or for promises or statements we have made under the Contract or for anything we do or do not do under or in connection with the Contract which are not dealt with in conditions 14(a) to 14(d) will not be greater than the total money you pay us in respect of the Services.
g) We will not be liable to you under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and weights of the Consignment (or any part thereof) and the actual dimensions and weights.
15. ADDITIONAL PROTECTION
For goods Transported within the Island of Ireland if we cause the physical loss of or physical damage to any goods while we are Transporting them, and storage other than storage under Condition 11(c), we will pay you as follows:-
a) Where you have paid or agree to pay our charge per consignment for Additional Protection and we have agreed to this: –
i) The most we will pay is €5,000 per Consignment. We work this out by referring to the actual value of the Consignment as set out in Condition 15(b).
ii) Where “Additional Protection” is taken out and a Consignment is partially lost or damaged, we will only pay for the part, which is lost or damaged. We work this out by relating the weight of the damaged or lost part to the weight of the whole Consignment. Depending on Condition 15(b) nothing in this Condition will limit our liability for damages below €50 for any one Consignment.
iii) We will work out the actual value of any goods lost or damaged by referring to their repair, replacement, resale or market cost at the time and place of collection, whichever is less. The value we work out will not be more than the original cost of the item you have actually paid for, plus 10%.
b) If you ask for “Additional Protection”, you must tell us the nature of goods to be carried. We will decide in our discretion whether “Additional Protection” will apply to any Consignment.
16. NO RIGHT TO CANCEL
As the Contract is for the Transport of goods which provides for a specific date or period of performance, you do not have any right to cancel the Contract as soon as we have told you by email that we have accepted your order for the Services.
17. CLAIMS FOR PROTECTION
17.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via our website or by written notice to Ecbac Ltd Trading as Zendfast. 1 St Mels, Lower Main Street, Rush, Co Dublin.
(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;
(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.
Making a Claim
17.2 The procedure for applying for a claim for loss, damage or part damage (a “Claim”) is as follows:
(a) visit our Help Centre;
(b) in the “Delivery Problems” section, please click “Open a loss or damage enquiry”;
(c) fill in the details as indicated; and
(d) click “Submit”.
17.3 Once your Claim has been submitted to us, we will review it before deciding whether we are able to make an offer to settle your Claim.
17.4 You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“Our Offer”) in the “Your Claims” section on the “My Orders” page of “My Account”.
Accepting Our Offer for your Claim
17.5 The procedure for accepting Our Offer is as follows:
(a) log into “My Account”;
(b) click “Accept Offer”;
(c) choose one of the 2 payment options: and
(d) insert the account details for the account you wish Our Offer to be paid into. It is your responsibility to provide the correct account details into the boxes provided. Please note that we will not be liable for any incorrect details which are provided by you. For the avoidance of doubt, we will not be obliged to make any further payments to you in the event that you have provided incorrect account details. Furthermore, we are not obliged to reverse any payments we may make to incorrect accounts as a result of you providing incorrect details.
18. YOUR RESPONSIBILITY TO Ecbac Ltd Trading as Zendfast
a) You must pay or repay us fully for all loss, damage, costs and expenses, except where we are responsible under these Conditions. If you are a Consumer, you will only be responsible under this Condition 18(a) if you break the terms of these Conditions, for example, by booking or requesting the collection of goods which do not meet the description of the relevant Service in Condition 3.
b) As well as carrying out your obligations under Condition 12, you must pay or repay us fully for any Duties that we have not agreed to pay under the Contract. If you are a Consumer, this Condition 18(b)will only apply in relation to International Services
c) You must pay or repay us fully for any money including fines we are required to pay under any law or regulation (whether Irish or foreign) in respect of any failure to export goods which have been zero-rated for the purposes of VAT (or any similar tax or duty) or to keep to any conditions relating to importing or exporting zero-rated goods.
19. EXTENDING PROTECTION TO EMPLOYEES AND AGENTS
a) You agree that Conditions 6, 13, 14, 15, 16, 17, 18 and 19 will apply to, protect and cover our employees and Agents.
b) We may enforce these Conditions for the benefit of our Agents and employees.
20. LEGAL RIGHT TO GOODS AND SELLING THEM
a) We have a legal right (known as a lien) to hold on to all goods that we Transport for you to cover any amount you owe us under the Contract or any other contract we have with you.
b) If you do not pay the amounts you owe us within a reasonable time we can do the following:-
i) we can sell the goods either privately or by auction and use the proceeds towards paying off any money you owe us. You will have to pay us the costs involved in selling the goods including the cost of loading and unloading the goods and any warehouse rent and other expenses we incur whilst we hold on to the goods. If there is any money left over from the sale, we will pay this to you.
ii) we can destroy the goods if sale is not practical because we think that it is not worth selling the goods.
c) If we sell or destroy the goods, we will have no further responsibility to you at all in relation to the goods.
d) We will decide whether or not the goods are worth selling.
e) If you are not the owner of the goods you promise that you are the Agent for and have the authority of the owner of the goods to grant a lien.
f) Note: This Condition 20(f) does not apply where you are a Consumer. 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.
21. PERSONAL DATA AND THE MESSAGE SERVICE
a) In order for us to provide and improve the Services and to enhance the delivery process for the Consignee, we process Personal Data of Consignees, receivers of goods and other individuals provided to you by us, by receivers of goods or by other individuals.
b) In relation to any Personal Data provided by you to us:- i) You promise and confirm to us that you have lawful grounds for sharing the Personal Data with us as described in these Conditions; and ii) Your processing and sharing of the Personal Data complies with all applicable laws.
c) For the purposes set out in Condition 21(a), we may share the Personal Data with our agents or subcontractors or other companies in our company or other third-party service providers.
22. PROOF OF DELIVERY
We may require the recipient of a Consignment to sign an ESCD as proof of delivery of the Consignment. The recipient’s signature and/or Scan Record shall be conclusive evidence of delivery of the Consignment (including the quantity of items) comprised in the Consignment.
a) We are not obliged to carry out the Contract if our performance is prevented or delayed by causes beyond our reasonable control including, without limit: –
ii) severe weather conditions.
iii) failure of subcontractor (this sub-clause shall not apply when you are acting as a Consumer);
iv) obstruction or closure of any public or private road or highway.
v) industrial dispute.
vi) strike or labour disputes; and
vii) delay by any government or public or local authority, including the customs of any country where the goods are Transported. We will decide whether the Contract has come to an end as a result of any of the circumstances in this Condition 23.
b) If we are not able to carry out the Contract due to any of the above circumstances:
i) where Transport has begun, we will return the Consignment to you as soon as reasonably practicable.
ii) where Transport has not begun, we will refuse to collect or accept the Consignment for Transportation; and we will refund you the price paid for the Service when you tell us that a refund is required.
If a Court decides that any of these Conditions is not valid or is not enforceable for any purpose, this will not affect the rest of these Conditions.
25. YOUR STATUTORY RIGHTS
If you are a Consumer, there are certain terms implied into your Contract which we cannot exclude or limit. For example, under the Consumer Rights Act 2015 we must supply the Services with reasonable care and skill. This is in addition to your legal rights to claim a refund, re-performance and/or protection where the services are not in accordance with the Contract.
26. INTELLECTUAL PROPERTY
All rights in any materials (including software) we supply to you and in any methods of work and processes used by us in connection with the Services and the Contract are and will remain our exclusive property. Nothing in these Conditions implies any licence or other permission to use or reproduce any materials, methods or processes unless and to the extent that we expressly agree to this in writing.
Each of the clauses and sub-clauses of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub-clauses will remain in full force and effect.
28. APPLICABLE LAW
The Contract and these Conditions (and any non-contractual claims arising in relation to it or them) will be governed by Irish Law and any disputes will only be dealt with in the Courts of Ireland.