About Us - Terms and Conditions
NightlineDirect.com is ran on behalf of Parcel2go.com
The registered office address of Parcel2go.com is Coe House, Coe Street, Bolton, BL3 6BU, United Kingdom.
read these Terms and Conditions with care and particularly clauses
3.2, 6, and 9, which set out the extent of our liability under these
terms and conditions and provide for an indemnity by you in certain
note that certain items are Prohibited Items and cannot be sent by
any of our Services. Check your item against the prohibited item list
We reserve the right to deal with any Prohibited Items at our sole
discretion without being liable in any way to you or the recipient of
the Consignment containing the Prohibited Item(s). We have the right
to dispose of any Prohibited Items, in whole or in part, as we decide
and reserve the right to charge you for any reasonable costs we incur
in doing so.
other items are carried without compensation cover for damage or loss
and at your
We do not accept any liability for loss of these items or damage to
or made by these items caused through the use of our Service. Check
your item against the item list not covered for compensation here:
For further details it is important that you read clause 6.11.
other items require more detail from you before they can be sent
using our Service. Check your item against the more information
required list here:
Terms of Contract
these Terms and Conditions where the following terms are used, they
shall have the following meanings:
means any item(s) of any sort which are, may be, or are intended to
be, received by us from any one sender at an address for us to carry
and deliver to any recipient at any other address.
a Consignment that is no longer in the condition in which it was
received by us, or which is or becomes a health and safety risk
of Gauge” a
Consignment is deemed Out of Gauge if it is outside of the weight and
dimensions that we carry on a particular service.
means cannot be carried on any Service.
when you accept the Service Order.
means the address at which a Consignment is received or collected by
means the address to which any Consignment is delivered by us.
invasion, act of foreign enemy, hostilities (whether war be declared
or not), civil war, rebellion, revolution, insurrection or military
or usurped power, or loot, sack or pillage in connection, and/or
radiations or contamination by radioactivity from any nuclear fuel or
from any nuclear waste from the combustion of nuclear fuel, and/or
toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component of the same, and/or
waves caused by aircraft and other aerial devices travelling at the
speed of sound or faster, and/or
absence, failure or inadequacy of the packing or packaging used for a
means the summary of the order displayed during the ordering process
which is confirmed to you in the confirmation e-mail that is sent
once acceptance of the order has occurred.
means these terms and conditions, together with the Service Order.
means NightlineDirect.com Limited, together with its directors, employees
any agents subcontractors or couriers acting on its behalf.
means the customer who is contracted with us as set out in the
A Consignment may be returned to sender (i.e. to us) if the recipient
sends it back to us and you:-
do not accept receipt of that item;
do not pay any outstanding charges; and/or
if the item is delivered and is an Out of Gauge item for which you
nor the recipient pay the underpayment .
means the service and carriage of a Consignment by us in accordance
with the particulars set out in the Service Order.
We will carry out the Service(s) for you whilst this Agreement is in
force, in return for the payment by you to us of the price set out in
the Service Order and in accordance with the terms of this Agreement.
We shall have the right to make any changes to the Service(s) which
are necessary to comply with any applicable law or safety requirement
or which do not materially affect the nature or quality of the
Service(s) and we shall notify you of any such changes.
We warrant that the Service(s) will be provided using reasonable
care and skill.
If collection or delivery of a Consignment takes place at your
premises, we shall not be under any obligation to provide any
equipment or labour which, apart from the driver collecting the
Consignment, may be required for loading or unloading of a
Any Consignment (or part of a Consignment) requiring any special
equipment for loading and unloading shall be accepted by us for
transportation only on the understanding and condition that such
special equipment will be made available at the Collection Point and
the Delivery Point 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.
We will make one attempt to deliver a Consignment during normal
working hours. If we cannot obtain a delivery receipt at the Delivery
Point you agree that we shall be authorised to attempt to deliver the
Consignment to, or obtain a delivery receipt from, an alternative
address close to the Delivery Point and (if successful) we agree that
we will leave at the Delivery Point details of the address to which
we have delivered the Consignment. If we are unable to deliver,
either to the Delivery Point or a nearby address, we shall return the
Consignment to our premises and leave a request for the recipient of
the Consignment to contact us to make alternative delivery
arrangements to the Delivery Point. If the recipient does not
contact us to arrange the alternative delivery within 7
will return the Consignment to you at your cost (such cost to be
discharged before delivery to you).
we consider that the Consignment has become a Damaged Consignment and
cannot be delivered because it is or in our reasonable opinion is
likely to be unsafe hazardous or harmful we reserve the right to
dispose of the Damaged Consignment immediately. If the Consignment
becomes a Damaged Consignment because of our actions and we have to
dispose of it we will only
be liable to you up to the amounts specified in 6.7.
You agree that we may use another carrier in order to support our
provision of the services to you (this will be at our own expense)
and you agree that both we and this other carrier shall be entitled
to the protection of all of the terms of this Agreement which exclude
or limit liability for any losses or damage.
ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR
LIABILITY WITHIN IT.
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
Nothing in this Agreement shall limit or exclude our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation.
As a responsible business, we will perform the Service(s) in a
professional manner with the appropriate level of skill and care.
However, damage to a Consignment may still occur as a consequence of
our handling of it and in such circumstances, our liability shall be
limited as set out in these Terms and Conditions. The reasoning
behind this limitation of our liability is as follows:
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;
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;
It is not possible for us to obtain cover which would give unlimited
compensation for our full potential liability to all of our customers
and, even if it were, such cover would be much cheaper if taken out
by you (rather than us taking out such cover and passing the cost on
to you) and on that basis, it is more appropriate for you to take out
such cover, though you are able to purchase increased extra
compensation from us for your Consignment, during the ordering
We wish to keep the costs of providing the Service(s) to you as low
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. These amounts are set out in
In these Terms and Conditions, damage to you means any damage
suffered by you (including any loss of, 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 the
terms of this Agreement, or any terms implied by statute (where
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
on that basis, the timescales set out in this Agreement are necessary
to ensure that such investigations can be performed fairly.
Extent of our Liability
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 clause 6 and
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.
shall not be liable to you:
any circumstances where there are any material discrepancies (meaning
more than 10% difference) between the declared dimensions and weights
and the actual dimensions and weights.
any circumstances in respect of the items on the Prohibited items;
Special Provisions items and No Compensation items lists, unless
otherwise stated by us.
Limitation on the Amount of our Liability
If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to you up to the following amounts in the following circumstances:
(a) If we lose or damage all of a Consignment we will be liable for a maximum of €50 If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;
(b) If we lose or damage part of a Consignment, the amount of the sum determined under clause 6.7(a) 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 the whole Consignment was worth €50, and we lost or damaged one quarter of it, we would only be liable for 25% of the figure worked out under clause 6.7(a) above, i.e. €12.50 for the €50;
(c) If we cause you loss or damage arising in any other way, a maximum of €50 in respect of any Consignment.
If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss.If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not covered through such cover or insurance (or lack of).
We will not be liable to repay you the value of the Consignment as at the time it was purchased by you. Consignments by their nature are subject to depreciation. You are advised to take out a “new for old” insurance policy should you wish to be compensated in this way. Our liability to you is limited to the amounts set out within this clause 6 and based on the actual value at the date of loss.
will not be liable to repay you the value of the Consignment as at
the time it was purchased by you. Consignments by their nature are
subject to depreciation. You are advised to take out a “new for
old” insurance policy should you wish to be compensated in this
way. Our liability to you is limited to the amounts set out within
this clause 6 and based on the actual value at the date of loss.
In order to ascertain the extent of our liability above, we shall
require proof of the value and weight of the entire Consignment and
any part or parts of it which make it up and you must ensure that,
prior to our collection of the Consignment, you have a record of
these. For the avoidance of any doubt, and without affecting clause
6.5, we shall only be liable for the replacement value of the
Consignment and not for any sums that would amount to profit on the
Consignment or applicable value added tax (or like tax) on such
If a claim arises as a result of damage to the whole or part of a
Consignment and if we settle the claim for a sum equal to or greater
than the value of the Consignment, then we shall be entitled to claim
ownership of the Consignment and deal with it as we see fit. For the
avoidance of any doubt, we shall be responsible for the cost of
recovery of the Consignment.
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 transit resulting in one or more of them
being lost, then 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.
Items, Special Provisions Items and No Compensation Items
other items are carried without compensation cover for damage or loss
and at your own risk. A list of these can be found at:
the avoidance of doubt, we do not accept liability for any loss,
damage to or damage caused by any of the items on these lists,
whatsoever and howsoever such loss or damage is caused, whether in
contract, breach of statutory duty, tort (including negligence) or
note that whilst you may be able to take out insurance in respect of
any of these items, this does not alter the provisions set out in
this clause 6.11 in any way.
(a) We shall not, in any circumstances, be liable to you for any
damage caused arising directly or indirectly as a result of any of
the Excepted Risks.
at any time we are prevented or delayed from starting, carrying out
or completing any of the Services because of a strike, lock out,
labour dispute, weather conditions, traffic congestion, mechanical
breakdown or obstruction of any public or private road or highway or
any other cause beyond our control, you shall have no claim for
damages against us for any loss that you may suffer as a result
PROVIDED that, where the delay is caused by the mechanical breakdown
of one of our vehicles, we shall use our best endeavours to provide a
replacement vehicle with the minimum delay practicable.
We shall not in any circumstances be liable for any late delivery or
missed delivery or failure to deliver caused by or contributed to by
any deficient or ambiguous labelling of a Consignment and you agree
to be responsible for ensuring that such labelling is clear and
If our performance of any of our obligations under this Agreement is
prevented or delayed by any act or omission by you or failure by you
to perform any relevant obligation (“Your
we shall (without limiting our other rights or remedies) have the
right to suspend performance of the Service(s) until you remedy Your
Default and, and we shall have the right to rely on Your Default if
Your Default prevents or delays our performance of any of our
we shall not be liable for any costs or losses that you may suffer
that arising directly or indirectly from our failure or delay to
perform any of our obligations; and
you shall reimburse us on written demand for any costs or losses
sustained or incurred by us arising directly or indirectly from Your
If we are requested to collect from, or deliver a Consignment to, a
country outside of the United Kingdom our terms of liability (subject
to clause 7.2 below) 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.
If the carriage of any Consignment occurs by air travel and involves
stopping in a country other than the country of departure then the
Montreal Convention as amended shall be generally applicable to such
part of the carriage as occurs by air and, in particular, our maximum
liability in respect of loss of or damage to any such Consignment
during air travel shall be limited to the amount set out in the
Montreal Convention (namely £1,870 per ton of the gross weight (i.e.
including any and all packaging) of the Consignment).
We shall not be responsible for any local customs charges, import
taxes or duties or any similar charge(s) incurred through our
carriage and/or 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 an order with us. If any such
charges become due as a result of our carriage and/or 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 days of our demand.
provisions at clause 8.6 shall apply to this clause 7.
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 The Cube, Coe Street, Bolton, BL3 6BU within:
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;
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.
procedure for applying for a claim for loss, damage, part damage or
refund (“Claim”) is as follows:-
Log into the “My Account” section on our Website.
the “Submit a New Claim” section please click “Create Claim”.
in the details as indicated.
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.
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
procedure for accepting Our Offer is as follows:-
into “My Account”.
one of the 3 payment options.
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
Returned to Sender
a Consignment is Returned to Sender we shall give you 14 days in
which to collect the Consignment, failing which we reserve the right
to dispose of it. We shall not be liable to you under any
circumstances for any loss caused by us exercising this right and you
failing to collect the consignment in the timescales specified.
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 labelling of such
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 11.
If you are a business customer with a business account then:
you shall make payment to us within 7 days of the relevant invoice
being issued to you, such invoice to be issued monthly in arrears;
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 England’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;
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.
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.
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.
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.
At any time where we offer customers a system of payment on account
with bonus credit being applied to such accounts, we shall refer to
such system as “Prepay” and the additional provisions of this
clause 11 shall apply.
Your current Prepay credit and any applicable bonus credit shall be
separately recorded and the total balance of these credits shall be
shown in your account through our website.
When you accept the Service Order our system will check your Prepay
credit and bonus credit balance. The price set out in the Service
Order shall be deducted from the balance. If such deduction would
result in a negative balance then you shall make up the difference in
accordance with the provisions of clause 10 (Payment).We may set a
minimum Prepay limit from time to time on any credit payments made to
your Prepay account and these will be notified to you through our
website (currently £20).
Any payment made on account under the Prepay system shall be deemed
as a payment for services to be ordered from us. After the initial
refund period described below our liability to you will be to provide
services to the value of the account balance. Cash balances will not
be returned except in cases where you received a defective service
and requested a refund of the unused Prepay cash balance held on the
account. Any such refund shall be provided subject always to the
provisions of clause 6 and you complying at all times with your
obligations under clause 12.
If you do not place any orders for a 6 month period we will send an
e-mail to the address in your Account Details to remind you of your
balance. This will be repeated at 12 months and 18 months. When a
period of 24 months has passed with no orders placed we will assume
that your account is no longer active, the Prepay balance will expire
and you shall have no further claim to such balance (including in
order to pay for services).
If you change your mind after making a payment on account you may
request a refund. The procedure for requesting a refund from your
Prepay balance or otherwise is set out in clause 8 above In such
cases the amount refunded will be the sum of the original payment
less the value of any services ordered on account.
You agree to:
ensure that the information you supply in the Order Schedule is
complete and accurate;
co-operate with us in all matters relating to our provision of the
provide us with access to your premises, office accommodation and
other facilities as reasonably required by us if any of these are to
be the Collection Point or Delivery Point and be responsible for
ensuring that the premises are free of hazardous materials and do not
pose a health and safety risk to us ;
provide us with such information and materials as we may reasonably
require in order to supply the Service(s) and ensure that such
information is accurate in all material respects.
You agree that we shall not be required, and that you shall not
cause us, to carry anything if it would be illegal or unlawful for us
to do so (either in the UK or any country to which a Consignment is
to be delivered). You agree that should you do this, you will
indemnify us against any losses and/or damage that we may suffer as a
We will not, without specific separate written agreement, carry:
livestock; liquids; perishable goods; gasses; pyrotechnics; arms;
ammunition; corrosive; toxic; flammable; explosive; oxidising or
radioactive materials. In addition we will not carry any items which
are on our prohibited list above.
We reserve the right to refuse to carry any parcels which are
neither the property of, nor sent on behalf of, you.
You understand that:
All Consignments shall be accepted at the Delivery Point and that
the recipient shall give our driver an appropriate receipt and you
agree that this receipt shall be conclusive evidence of delivery of
the Consignment by us. This clause 12.5(a) shall not apply where
such receipt is obtained as a result of fraud, collusion or
dishonesty on the part of our driver.
there is a strike by any employees of yours, or the employees of any
person receiving delivery, then you agree that our representative
shall not be asked to perform any additional duties or any duties of
a strike-breaking nature.
Unless specifically agreed otherwise, “working days” do not
include Saturdays, Sundays or public holidays.
We will not provide any refund or reduction of charges if we receive
less than the number of parcels for which you have contracted.
This Agreement, the Order Schedule, the CMR Regulations and the
Montreal Convention (so far as they are applicable) shall constitute
the entire contract between us and you and the contract shall not
incorporate, or be deemed to incorporate any provisions of any other
documents. In addition, this contract and the documents referred to
above shall supersede any previous contract, warranty or
representation made or given by us relating to the Service(s) set out
in the Order Schedule.
No variation, amendment or cancellation of the terms of this
Agreement (other than the Order Schedule) shall be binding upon us
unless and until it is confirmed in writing by a director of us and,
for the avoidance of any doubt, it is declared that no person other
than a director has authority to negotiate or enter into any
commitment on behalf of us which would or might (but for this clause)
involve us in any legal liability whatsoever.
This Agreement may be terminated by either party giving to the other
one month’s written notice of its desire to terminate this
Agreement. This Agreement may also be terminated immediately if the
other party breaches any of its obligations under this Agreement or
(in the case of an individual) becomes bankrupt or (in the case of a
company) goes into liquidation other than for the purposes of
reconstruction or amalgamation, or has an administrator or receiver
appointed over any of its or his property or income or make any deed
or arrangements with or for the benefit of his or its creditors.
On termination of this Agreement for any reason:
you shall immediately pay to us all of our outstanding unpaid
invoices and interest and, in respect of Service(s) supplied where
the Consignment has been delivered but for which no invoice has been
submitted, we shall submit an invoice, which shall be payable by you
immediately on receipt;
in respect of a Consignment which has already been paid for and
which has been received but not yet delivered, then we shall deliver
such Consignment in accordance with the terms of this Agreement;
in respect of a Consignment which has not been paid for but which we
have received but not delivered, we shall return the Consignment to
the accrued rights, remedies, obligations and liabilities of the
parties as at expiry or termination shall not be affected, including
the right to claim damages in respect of any breach of this Agreement
which existed at or before the date of termination or expiry; and
clauses which expressly or by implication have effect after
termination shall continue in full force and effect.
This agreement and any dispute arising out of or in connection with
it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance
with the law of England and Wales
You irrevocably agree, for our sole benefit that, subject as
provided below, the courts of England and Wales shall have exclusive
jurisdiction over any dispute or claim arising out of or in
connection with this agreement or its subject matter or formation
(including non-contractual claims). Nothing in this clause shall
limit our right to take proceedings against you in any other court of
competent jurisdiction, nor shall the taking of proceedings in any
one or more jurisdictions prevent us from taking proceedings in any
other jurisdictions, whether at the same time or not, to the extent
permitted by the law of that other jurisdiction