DPD standard terms and conditions of delivery services
1. Who we are and these Terms
1.1. You can find everything you need to know about us, DPD Local UK Ltd, ("DPD Local", or "us") and our services on our website.
1.2. DPD Local is responsible for providing the Delivery Services (as defined in paragraph 2.1) to you.
1.3. These Terms set out the terms and conditions on which DPD Local will provide the Delivery Services to you, in respect of your Parcel. Please note that if you ask us to perform Delivery Services in respect of multiple Parcels, each Parcel will be subject to a separate contract between us and you (with each contract being based on these Terms).
1.4. Please read these Terms carefully, they may have changed since you last reviewed them.
2. Important definitions
2.1. When the following words or expressions are capitalised in these Terms, they have the following meanings:
Consumer means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession;
Delivery Address means the address you wish us to deliver your Parcel to, being the address you give us when purchasing the Delivery Services;
Delivery Services means any of our delivery services available for purchase on our Website from time to time;
Duties and Taxes means any applicable duties and taxes payable to customs authorities or similar in the case of Delivery Services provided internationally;
Extended Cover means our extended cover product, set out in more detail in paragraph 9;
Goods means the goods, property or items contained in your Parcel;
Loss or Damage means any physical loss of, or physical damage to, your Parcel;
Maximum Measurements means the maximum weight and measurements of your Parcel (including packaging), as follows:
(a) for Parcels being sent from and/or delivered to a Pickup Location that is a shop: an item or items which weighs no more than 20 kgs, and with the two longest sides not exceeding 1.2 metres collectively;
(b) for Parcels being sent from and/or delivered to a Pickup Location that is a locker: an item or items which weighs no more than 20 kgs, and with measurements equal to or less than 0.55 metres long, 0.37 metres wide, and 0.68 metres high;
(c) for Parcels collected from and/or delivered to an address within Great Britain: an item or items which weighs no more than 30 kgs, with the longest side not exceeding 2 metres, and which has a girth (calculated as length + height + width) of not more than 2.3 metres;
(d) for Parcels collected from and/or delivered to an address outside of Great Britain: an item or items which weighs no more than 31.5 kgs, with the longest side not exceeding 1.75 metres, and which has a girth (calculated as length + (2 x height) + (2 x width)) of not more than 3 metres;
Neighbour means a neighbour in close proximity to the Delivery Address including any neighbour identified by the Recipient as an alternative destination for delivery of the Parcel;
Parcel means the parcel or package which contains the Goods and in respect of which you require Delivery Services (a reference to "Parcel" in these Terms shall include all or any of the Goods contained in it unless specifically stated otherwise);
Pick-up Location means a third-party location, such as a local shop or parcel locker facility, which is in Great Britain and, when making an alternative delivery attempt, close to the original Delivery Address;
Price means the price payable by you for the Delivery Services, inclusive of value added tax ("VAT");
Prohibited Goods means any goods, materials or items on the prohibited goods list provided to you prior to the point of purchase of the Delivery Services and which include those goods set out in Annex 1 of these Terms;
Recipient means the individual(s) or entity to whom you require us to deliver your Parcel;
Required Information means the information we require in order to properly carry out the Delivery Services, including, for example, the Sender's Address, the full address and postcode (or equivalent) of the Delivery Address, and any information or documentation (including signed customs declarations) likely to be required by HM Revenue and Customs and any other relevant customs authority in the case of international Delivery Services;
Safe Place means a place which the Recipient has told us is a safe place to deliver your Parcel to, or which our driver has determined (in their discretion) is a safe place for delivery;
Sender's Address means the address you provided to us as the sender's or shipper's address at the point at which you purchased the Delivery Services;
Terms means these terms and conditions.
3. Conditions of providing the Delivery Services
3.1. We reserve the right to refuse your request to provide the Delivery Services in respect of your Parcel, including if:
(a) your Parcel contains any Prohibited Goods;
(b) your Parcel exceeds the Maximum Measurements;
(c) you fail to provide the requested Required Information or otherwise provide us with inaccurate or incomplete information when purchasing the Delivery Services; or
(d) you have previously breached these Terms or have been prohibited from using our Delivery Services or any of our other services for any other reason.
4. Your obligations
4.1. In purchasing the Delivery Services, you make a promise to us that:
(a) you are at least eighteen (18) years of age;
(b) you are the registered holder of the payment card (whether used directly or through another method of payment);
(c) you have read and understood these Terms;
(d) you own the Goods or are otherwise authorised by the owner to purchase the Delivery Services in connection with the Parcel;
(e) the Goods have been properly packaged;
(f) your Parcel does not exceed the Maximum Measurements in any way;
(g) you have, on request, provided us with the Required Information;
(h) you have the right to provide us with the Required Information and that the Required Information provided is complete and accurate;
(i) the Goods are not, and do not contain, any Prohibited Goods;
(j) the Recipient shall pay any Duties and Taxes;
(k) the Goods, and the transport of them, does not breach any laws having regard to the Recipient and the Delivery Address;
(l) neither you nor the Recipient appear on any sanctions list maintained by the United Nations or any other country or inter-governmental organisation; and
(m) in relation to international deliveries, the Goods are being exported on a permanent (not temporary) basis.
4.2. If any of the promises or assurances provided above become untrue, or if you have reason to believe they may be untrue, you must let us know immediately by contacting our Customer Service Team via any of the methods set out in paragraph 14 of these Terms. Failure to inform us of this may result in:
(a) the termination of the Delivery Services; and/or
(b) you being prohibited from purchasing any further Delivery Services from us.
4.3. You authorise us, and our representatives, to complete on your behalf any documentation required for the purposes of customs clearance and/or the payment of Duties and Taxes, whether in the United Kingdom or in any other country.
4.4. This paragraph 4.4 applies to business customers only (not Consumers). If you are purchasing Delivery Services in connection with a business, trade or profession and those Delivery Services relate to shipments which are destined for a location outside of Great Britain, you must also comply with the additional obligations set out in Annex 2 of these Terms.
5. DPD Local's obligations Delivery
5.1. Provided that we comply with our obligations to you in these Terms, we may carry your Parcel to the Delivery Address by any route and by any means of transport we deem appropriate.
5.2. If you have purchased Delivery Services, we will try our best to deliver your Parcel to:
(a) the Delivery Address;
(b) a Neighbour;
(c) a Safe Place; or
(d) a Pick-up Location close to the Delivery Address, within any estimated delivery window we may provide to you, but it may be that delivery takes a little longer.
Our responsibility for your Parcel
5.3. We become responsible for your Parcel at the point:
(a) you drop your Parcel at a Pick-up Location; or
(b) we collect your Parcel from the Sender’s Address within Great Britain.
5.4. Our responsibility for your Parcel ends when:
(a) your Parcel is delivered to the Delivery Address;
(b) your Parcel is delivered to a Neighbour's address;
(c) your Parcel is left in a Safe Place; or
(d) your Parcel is delivered to an alternative destination which you or the Recipient has told us is an acceptable alternative to the Delivery Address (this may include, for example, a concierge or receptionist) that is not a depot or Pick-up Location (as defined in paragraph 5.5 below).
5.5. If your Parcel is not delivered as set out in paragraph 5.4 above, our responsibility for that Parcel ends when:
(a) the Recipient, or a person authorised by the Recipient, collects your Parcel from a Pick-up Location; or
(b) your Parcel is returned to the Sender's Address.
5.6. At the point where we are no longer responsible for your Parcel in accordance with these Terms, your Parcel becomes your responsibility and is at your risk.
If we can’t deliver and the Recipient doesn't collect
5.7. If for any reason (other than as set out in paragraph 5.8 below) we cannot deliver your Parcel in accordance with paragraph 5.4, or your Parcel is not collected in accordance with paragraph 5.5(a), then we may try to contact you and request a new address for delivery. If your Parcel has been delivered to a Pick-Up Location, your Parcel will be held there for a minimum of two days.
5.8. If we cannot deliver your Parcel because of the Recipient's failure to pay any Duties and Taxes or because we have incomplete or inaccurate Required Information, we will try to contact you and/or the Recipient to arrange for the payment of such Duties and Taxes and/or the provision of Required Information (as required) to enable the delivery of your Parcel. Payment of Duties and Taxes and the provision of complete and accurate Required Information must be made within 24 hours of our request.
5.9. If it is not possible to deliver your Parcel to a Pick-Up Location (for example, due to any Maximum Measurements being exceeded), or your Parcel is not collected within the timeframe mentioned in paragraph 5.7, or if Duties and Taxes are not paid or Required Information is not provided within the timeframe mentioned in paragraph 5.8, then we will return your Parcel to the Sender's Address and you will not be entitled to a refund of the Price. If return to the Sender's Address is not possible then paragraph 12 of these Terms shall apply.
6. Proof of delivery
6.1. Proper delivery of your Parcel can be evidenced:
(a) by a photograph, PIN code, or electronic record (also known as a scan record) of your Parcel at a delivery location set out in paragraph 5.4; by the signature of the Recipient or another person (for example a concierge, receptionist, resident or family member) at the Delivery Address, or by the signature of a Neighbour; or in the case of collection by the Recipient or a person authorised by the Recipient from a Pick-up Location, by signature, PIN code, electronic record or other technological means of evidencing such collection.
6.2. The methods of evidence set out in paragraph 6.1 shall act as proof that your Parcel is no longer our responsibility in accordance with paragraphs 5.4 or 5.5.
7. Payment
7.1. The Price for the Delivery Services will be made known to you at the point of purchase on our Website. The Price is inclusive of VAT.
7.2. You must pay the Price in full prior to the commencement of us taking responsibility for your Parcel and providing the Delivery Services.
7.3. We accept payment of the Price in British pounds sterling only via the payment methods communicated to you on our Website.
7.4. The paragraph 7.4 applies to business customers only (not Consumers). If you are purchasing Delivery Services in connection with a business, trade or profession, and you pay the Price using a business credit card or business debit card, we may add a transaction fee of up to 2% of the Price to cover the bank charges that we incur as a result.
7.5. The Recipient shall be responsible for paying any applicable Duties and Taxes payable in respect of any international delivery (including any business-to-business shipments to Recipients in Northern Ireland) of your Parcel and the Recipient will be required to pay these sums using the payment method communicated to the Recipient by us. If for any reason we incur any Duties or Taxes in connection with the Parcel, then you shall reimburse us for the full amount within 14 days of us asking you to do so.
7.6. Any refund we owe you in accordance with these Terms shall be made as soon as is reasonably practicable and in any event within 14 days of your request. All refunds shall be made via bank transfer to the bank account nominated by you when making your request.
7.7. From time to time, we may provide you with a discount code. Such discount code should only be used once. If you use the same discount code with more than one order, we may: (a) terminate of the Services; and/or (b) prohibit you from purchasing any further Services from us.
8. Our liability to you
Our liability to you for Loss or Damage to the Parcel
8.1. Subject to the remainder of this paragraph 8, unless you have purchased Extended Cover, our maximum liability to you in connection with any Loss or Damage, or any other matter connected to the Delivery Services (excluding delay), shall be limited to the lesser or:
(a) £50 per Parcel; and
(b) the actual value of the relevant Goods that are the subject of the Delivery Services (as we shall reasonably determine up to the maximum of the price you paid or were paid for the relevant Goods).
8.2. Our maximum liability to you in connection with any Loss or Damage, or any other matter connected to the Delivery Services (excluding delay) may be greater than £50 per Parcel if you have purchased Extended Cover, in which case our maximum liability to you for Loss or Damage shall be limited as set out in paragraph 9 below.
Our liability to you for delay in performing the Delivery Services
8.3. Subject to the remainder of this paragraph 8, our maximum liability to you in connection with any delay in our performance of the Delivery Services in respect of a Parcel shall be limited to the Price (for further information on how you may claim a full or partial refund of the Price, please refer to paragraph 11 below). For the avoidance of doubt, this shall in no circumstances exceed the Price paid by you to us for the Delivery Services associated with that Parcel.
Circumstances in which we will not be liable to you
8.4. Subject to paragraphs 8.6 and 8.7 (which concern liabilities that we do not limit), we will not be liable to you in connection with any Loss or Damage or delay or any other matter connected to the Delivery Services to the extent such Loss or Damage or delay or any other loss or damage suffered by you was caused by:
(a) your breach of these Terms;
(b) your failure to provide us with complete and accurate Required Information when requested;
(c) your failure to comply with the law;
(d) any defect in the Goods, whether latent or otherwise;
(e) natural deterioration of the Goods;
(f) seizure under legal process, including acts or omissions of customs authorities, governmental bodies, or other regulatory agencies, and any observation by us of rules and regulations and decisions and orders by customs authorities, governmental bodies, and regulatory agencies;
(g) in the case of delay, any acts or omissions of the Recipient, a Neighbour, or another third party acting on behalf of the Recipient (for example a concierge or receptionist) which render delivery of your Parcel impractical or unsafe; or
(h) an event outside of our control, as long as we have taken the steps set out in paragraph 13.
8.5. Subject to paragraphs 8.6 and 8.7 (which concern liabilities that we do not limit), we will not be liable to you in connection with any Loss or Damage or delay or any other matter connected to the Delivery Services if:
(a) such losses relate to or are in any way connected with Prohibited Goods, unless we have failed to take reasonable care in the circumstances;
(b) in the case of Loss or Damage, such Loss or Damage occurs when your Parcel is no longer our responsibility in accordance with these Terms, as evidenced by paragraph 6; or
(c) it was not obvious that you would incur those losses and nothing you said to us before we agreed to provide you with the Delivery Services meant we should have expected it.
Our liability to you (international deliveries)
8.6. Nothing in these Terms shall deprive you of any mandatory rights from which you benefit by virtue of the application of any international carriage of goods conventions, including without limitation (in each case to the extent they apply to the Delivery Services):
(a) in the case of international carriage by road, the Convention on the Contract for International Carriage of Goods by Road; or in the case of carriage by air, the Warsaw Convention or the Montreal Convention.
Liabilities that we do not exclude or limit
8.7. Nothing in these Terms shall exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) our fraud or fraudulent misrepresentation; or
(c) any other liability that we cannot limit or exclude by law.
9. Extended Cover
9.1. You will have the option to purchase our product known as 'extended cover' in respect of each Parcel ("Extended Cover").
9.2. If you purchase Extended Cover in respect of a Parcel, then our maximum liability to you in connection with any Loss or Damage, or any other matter connected to the Delivery Services performed in respect of that Parcel (excluding delay), is limited to:
(a) £50; plus
(b) an amount equal to the level of Extended Cover that you have purchased in respect of that Parcel, with such Extended Cover being available for purchase at the levels set out in the table below, save that our maximum liability to you shall never exceed the actual value of the relevant Goods that are the subject of the Delivery Services (as we shall reasonably determine up to the maximum of the price you paid or were paid for the relevant Goods):
Amount of Extended Cover purchased | Cost of Extended Cover (excl. VAT) | Our maximum liability to you in respect of the Parcel |
---|---|---|
£25 | £1.25 | The lesser of the actual value of the relevant Goods and £75 |
£50 | £2.50 | The lesser of the actual value of the relevant Goods and £100 |
£75 | £3.25 | The lesser of the actual value of the relevant Goods and £125 |
£450 | £18.00 | The lesser of the actual value of the relevant Goods and £500 |
£500 | £22.50 | The lesser of the actual value of the relevant Goods and £550 |
£950 | £37.50 | The lesser of the actual value of the relevant Goods and £1,000 |
9.3. The maximum amount of Extended Cover you can purchase in respect of your Parcel is £950. This means that if you have purchased the maximum Extended Cover for your Parcel (i.e at a cost of £37.50 plus VAT), our maximum liability to you in respect of your Parcel (excluding delay) will be the lesser of: (a) £1,000 (i.e. £50 plus £950 Extended Cover); and (b) the actual value of the relevant Goods that are the subject of the Delivery Services (as we shall reasonably determine up to the maximum of the price you paid or were paid for the relevant Goods).
9.4. We do not recommend that you purchase Extended Cover which exceeds the likely value of the relevant Goods.
9.5. Please be aware that even if you have purchased Extended Cover, we will not be liable to you in the circumstances described in paragraphs 8.4 to 8.5 above.
10. Claims for compensation
10.1. If you think we owe you compensation in accordance with these Terms, please let us know using the methods set out in paragraph 14 within 14 days of the date that you sent your Parcel with us and:
(a) provide any evidence we reasonably request to support your claim within 28 days of our request. Such evidence may include proof of cost in the form of a purchase invoice or receipt for the Goods or similar. For any claims that relate to damage or missing contents, we require photographic evidence clearly showing the external packaging, internal packaging, the Parcel label and any damage to the Parcel or Goods;
(b) in the case of claims relating to damage to your Parcel where the Delivery Address is in the UK, hold the relevant Parcel at the Delivery Address and allow us to inspect it at the Delivery Address if we so request;
(c) in the case of claims relating to a disputed delivery, we may ask the intended Recipient to complete a "denial of receipt" letter if we so request.
10.2. If you don't comply with any of the actions referred to in paragraph 10.1 above, it could affect our ability to assess your claim for compensation.
11. Cancellation and refunds
Our right to cancel
11.1. We reserve the right to cancel the Delivery Services in part or in full if you commit a breach of any of the assurances provided in paragraph 4.1. In such circumstances you will not be entitled to a refund of the Price.
11.2. If we cancel the Delivery Services:
(a) we will contact you in writing to let you know, if permitted; and
(b) we will return your Parcel to the Sender's Address within four weeks unless we are: (i) prohibited from doing so by law; (ii) required to hand your Parcel over to customs authorities, governmental bodies, or other regulatory agencies; or (iii) your Parcel contains Goods that are dangerous or hazardous to health, or which we otherwise reasonably deem to be unfit for transportation.
Your right to cancel and claim a full or partial refund of the Price
11.3. You have the right to cancel the Delivery Services within 28 days of purchasing them and you may claim (within the time limits set out in paragraph 11.5) a full or partial refund of the Price in accordance with the terms set out below:
(a) You may claim a full refund of the Price if you cancel Delivery Services: (i) which require us to collect the Parcel, by cancelling within 28 days of purchasing the Delivery Services and providing us with at least 2 hours' notice prior to the allocated collection time; (ii) where the Parcel is to be dropped off at a Pickup Location, by cancelling within 28 days of purchasing the Delivery Services and in advance of the Parcel being dropped off at the Pickup Location; (iii) in accordance with paragraph 13 below.
(b) You may claim a partial refund of the Price for Delivery Services which require us to collect the Parcel:(i) if you cancel such Delivery Services within 28 days of purchasing the Delivery Services, but by providing less than 2 hours' notice prior to the allocated collection time. In these circumstances you will still be required to pay the part of the Price paid for collection, but you may claim a refund for the part of the Price paid for the delivery element of the Delivery Services; (ii) if you cancel the collection element of the Delivery Services within 28 days of purchasing the Delivery Services and provide us with at least 2 hours' notice prior to allocated collection time, you may claim a refund for the Price paid for the collection element of the Delivery Services.
Your right to claim a full or partial refund of the Price for our delay in performing the Delivery Services
11.4. Where we have caused delay in the performance of the Delivery Services, you may request (within the time limits set out paragraph 11.5) a full or partial refund of the Price paid by you to us for such Delivery Services as follows:
(a) where the relevant Delivery Services are delayed by 1 day, you may claim a refund equal to 50% of the Price paid for such Delivery Services; or
(b) where the relevant Delivery Services are delayed by 2 days or more, you may claim a refund equal to 100% of the Price paid for such Delivery Services.
Time limits for cancellation and/or claiming a full or partial refund of the Price (as applicable)
11.5. To cancel any Delivery Services and/or claim any full or partial refund of the Price under this paragraph 11, you must submit your request within 28 days of the date on which you purchased the relevant Delivery Services by contacting us in accordance with paragraph 14. We reserve the right to refuse to process any cancellation or refund requests submitted after 28 days of the date on which you purchased the relevant Delivery Services unless it was not reasonably possible for you to contact us within that period and you contacted us at the earliest time possible.
12. Disposal of Parcels
12.1. If it is not possible to return your Parcel to the Sender's Address in circumstances where we have a right to do so in accordance with these Terms, then we will make reasonable efforts to get in touch with you to arrange return to you or to let you know from where you can collect the relevant Parcel. In these circumstances we will hold your Parcel for four weeks from the date at which we acquired the right to return it to the Sender's Address, or such longer holding period as we may communicate to you, and if your Parcel remains unreturned/uncollected after this holding period then we are no longer responsible for your Parcel and we may dispose of your Parcel and/or the Goods contained in your Parcel as we see fit. If your Parcel is returned to, or collected by, you or someone else on your behalf before the expiry of the relevant holding period, then our responsibility for your Parcel ends upon such return/collection.
12.2. We will not attempt to return to the Sender's Address, and the holding period referenced in paragraph 12.1 above will not apply, if we are required to dispose or hand your Parcel over to a third party for inspection and/or disposal because:
(a) we are required to do so by law;
(b) we are required to do so by customs authorities, governmental bodies, or other regulatory agencies; or
(c) your Parcel contains Goods that are dangerous or hazardous to health, or which we otherwise reasonably deem to be unfit for transportation.
12.3. You will not be entitled to a refund of the Price in connection with us exercising our rights in this paragraph 12.
13. Events outside of our control
If something has happened which is outside of our control and affects the Delivery Services and/or your Parcel, we will contact you as soon as possible to let you know and do what we can to reduce the impact. As long as we do this, we won't compensate you, but if the impact of the event is substantial you can contact our Customer Service Team via any of the methods set out in paragraph 14 of these Terms to cancel the affected Delivery Services and receive a refund of the Price (in such circumstances we will return your Parcel to the Sender's Address as soon as practicable).
14. Contacting us
If you need to get in touch with us in connection with these Terms or the Delivery Services (including for a to request a cancellation or refund), please contact our Customer Service Team via https://send.dpd.co.uk/help.
15. We use your personal data as set out in our privacy notice
How we use any personal data you give us is set out in our privacy notice, which can be found at https://www.dpd.co.uk/dpo-privacy-notice-1.jsp.
16. Resolving disputes with us
16.1. If you are unhappy with the Delivery Services or these Terms, you can:
(a) Make a complaint by following our Complaints Charter at https://www.dpd.co.uk/pdf/dpd-complaints-charter.pdf. Our Customer Service Team will do their best to resolve any problems you have with us or our services.
(b) Make a claim in court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
17. Other important terms apply to our contract
17.1. We may subcontract certain of our obligations under these Terms. If we do this, we shall remain responsible to you for complying with these Terms.
17.2. Nobody else has any rights under these Terms. The contract for the Delivery Services is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else for permission to end it or change it.
17.3. If a court invalidates some of the contract for Delivery Services, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
17.4. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Annex 1 - Prohibited Goods
- Dangerous goods
- Hazardous goods
- Flammable goods
- Firearms (including imitation firearms or firearm components)
- Bladed products or articles
- Cannabidiol products
- Tobacco products, or any products containing nicotine
- Alcohol including wines, beers and spirits
- Perishable food (non-ambient foods such as fresh fruit, vegetables and frozen or chilled foodstuffs, frozen water and dry ice)
- Pharmaceutical products
- Batteries
- Biological substances
- Paints, wood varnishes and enamels
- Glass or any articles (or part of them) that are made of glass, porcelain, earthenware or other similar materials
- Jewellery (including watches) with a value of over £250
- Personal effects
- Liquids over 100ml
- Cash or documents which can be exchanged for cash or goods or services (for example cheques, credit/debit cards, vouchers with a face value, event tickets)
- Living or dead animals, fish or birds, or any living organism of any type (including trees, plants, or cut flowers)
- Human or animal remains (including ashes)
- Any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried, or goods that are destined for any country, company, organisation or individual that is subject to any applicable national or international export or import control or regulation
- Any goods which are destined to a PO box or BFPO address
- Any goods which require a licence or permit in order to transport or store the Parcel and/or which are subject to import, export, or transportation restrictions (including Dual-use Goods) imposed by the laws applicable in the country of expedition, dispatch, transit, destination, or otherwise.
- Any goods intended for export on a temporary basis (i.e. non-permanent with the intention of being returned to Great Britain).
Annex 2 – SHIPMENTS OUTSIDE GREAT BRITAIN (BUSINESS CUSTOMERS ONLY)
1. Save where such terms are already defined in these Terms, capitalised terms set out in this Annex 2 shall have the meaning given below:
1.1. Consignment Data means necessary data (including electronic data) provided by you, in such format as we may require from time to time, to facilitate the delivery of the Parcel, and including such data as may be required to populate the appropriate fields for electronic invoicing and the completion of customs entries as detailed at www.dpdlocal.co.uk/pdf/stccs-consignment-data.pdf;
1.2. Customs Agent a person appointed to act as a customs agent (whether as a Direct Representative or an Indirect Representative) on behalf of another person pursuant to section 21 of the Taxation (Cross-border Trade) Act 2018 and/or under such other customs legislation and controls that apply in a relevant jurisdiction outside the United Kingdom;
1.3. DAP Incoterm means the Incoterm known as 'DAP (Delivered at Place)' used for the shipment under which the Recipient is liable for all duties and taxes that are to be recovered and charged to the Recipient prior to delivery;
1.4. Direct Representative means a direct agent within the meaning of the customs legislation and controls that apply in the relevant jurisdiction;
1.5. EORI number means an Economic Operator Registration and Identification number;
1.6. Electronic Interface means a website, portal, gateway, marketplace, application program interface (API), or other similar interface through which you have sold Goods comprising, or contained in, the Parcel;
1.7. Incoterm means the 'Incoterms' rules as published by the International Chamber of Commerce (ICC) from time to time, the latest version of which is Incoterms 2020;
1.8. Indirect Representative means an indirect agent within the meaning of the customs legislation and controls that apply in the relevant jurisdiction;
1.9. IOSS means the scheme known as the VAT 'Import One-Stop Shop' (as detailed in EU directives 2017/2455 and 2019/1995 and given effect in the United Kingdom under Schedule 9ZE of the Value Added Tax Act 1994) which exempts a buyer from paying import VAT on goods imported by companies registered under the scheme, provided that such goods have an intrinsic value of €150 (or £135 under the Value Added Tax Act 1994) or less.
2. The entirety of this Annex 2 applies only to shipments into Great Britain and from Great Britain to Recipients outside Great Britain, including business to business shipments to Recipients in Northern Ireland from the dates that the Joint Committee Decision No 1-2023 (as updated and amended from time to time) takes effect.
3. You accept that Parcels can only be shipped and customs cleared under the DAP Incoterm unless otherwise agreed in writing by an Executive Director or the Director of Sales and CRM of DPD Local.
4. Accordingly, you undertake that your contract with the Recipient for shipments to under this Annex 2 will specify that the Parcel is being delivered under the DAP Incoterm.
5. You shall:
5.1. appoint and authorise us to carry out all acts and customs formalities as Customs Agent in the exporting country, under the customs legislation and controls that apply in the exporting country;
5.2. appoint and authorise us to carry out all acts and customs formalities as Customs Agent in the importing country, under the customs legislation and controls that apply in the importing country; and
5.3. directly inform the Recipient, in advance, of the requirement to appoint us as Customs Agent in order to customs clear the Goods in the exporting country.
6. We will ship out and, if the Delivery Service requires, process any customs formalities:
6.1. as Indirect Representative in its own name and on behalf of you or the Recipient (depending on the type of declaration required) in the sending country and in the destination country, as provided in the indirect customs representation; or
6.2. as Direct Representative in the name and on behalf of you or the Recipient (depending on the type of declaration required) in the sending country and in the destination country, as provided in the direct customs representation.
7. Unless and until you appoint, or procure that the Recipient appoints (as applicable), us as the Customs Agent for the purpose of clearing and entering the Goods comprised in Parcels through customs in accordance with this Annex 2 and our processes and procedures in force from time to time, we shall be entitled to suspend customs clearance and the performance of our obligations in respect of the relevant Parcels.
8. You warrant, undertake and represent, in relation to each of the Goods comprised in each Parcel, that you shall promptly provide (or procure such provision) us with:
8.1. a commercial invoice (including EORI number, a clear, accurate and unambiguous description of the Goods, the value of the Goods, and the Incoterm agreed between you and the Recipient which has been approved by DPD Local), save where a commercial invoice is not required for shipments to Northern Ireland under the United Kingdom Internal Market Scheme ("UKIMS");
8.2. any and all Consignment Data for the Delivery Service as detailed www.dpd.co.uk/pdf/stccs-consignment-data.pdf;
8.3. any authorisations required for the appointment of DPD Local as your and the Recipient's Customs Agent under section 21 of the Taxation (Cross Border Trade) Act 2018 with the right for the Company to delegate to a sub-agent under any applicable law in such form as the Company may require from time to time; and
8.4. any other information (including all documents, information or authorisations as detailed within the Consignment Data or otherwise as required for the Delivery Service) required by any relevant customs authorities or DPD Local, and you acknowledge that you are responsible for checking what information and customs documents are required by the relevant customs authorities and for providing complete and accurate Consignment Data and you shall ensure that all necessary customs documents are fixed to the outside of the Parcel and individual Goods, and you acknowledge that, subject to paragraph 11:
(a) we rely on the information (including that contained in the Consignment Data) provided by you or on your behalf pursuant to paragraph 8 to calculate the Duties and Taxes applicable to the Parcel;
(b) the Delivery Services we provide to you will not include any preferential tariff treatment or special clearance procedures (including not limited to reduced or zero tariffs, temporary admission, inward and outward processing relief, customs bonded warehousing) regardless of the origin of the Goods; and
(c) we are unable to verify the 'Country of Origin' for Goods being shipped or to receive the correct instructions for special procedures.
9. Without prejudice to the generality of paragraph 8 above, for Goods which are destined for Northern Ireland, and which are shipped under UKIMS, you warrant, undertake and represent that:
9.1. you shall notify us promptly of any changes to your trading status and of any issues, concerns or circumstances which might invalidate, or threaten the validity of, your UKIMS authorisation;
9.2. if using a third party's UKIMS authorisation (whether this be the Recipient or other relevant party):
(a) 9.3 10 you shall ensure that you have the relevant third party’s consent and authorisation for such use;
(b) you shall notify us promptly of any changes to the relevant third party’s trading status and of any issues, concerns or circumstances which might invalidate, or threaten the validity of, the relevant third party's UKIMS authorisation; and
9.3. if appointing DPD Local as Indirect Representative, you or the relevant third party (where a third party's UKIMS authorisation is used pursuant to paragraph 9.2 above) does not have an establishment or fixed place of business in Northern Ireland.
10. Without prejudice to the generality of paragraph 8 above, for Goods sent from Great Britain to EU countries which may benefit from IOSS:
(a) you shall: (i) provide us with your IOSS number before any import of the Goods; (ii) ensure that the IOSS number is included in the customs clearance declaration to benefit from the exemption; (iii) where an Electronic Interface has been used for the transaction between you and the Recipient, you must provide the IOSS number to us before the completion of import clearance of the Goods by the customs representative on behalf of the Recipient.
(b) If: (i) 11 you do not provide us with your IOSS number or the IOSS number of the Electronic Interface involved in the transaction; and/or (ii) the Recipient refuses to pay the import Duties and Taxes to us, then, the Parcel will be returned to you in accordance with these Terms. You shall obtain consent from the Recipient to appoint us as Customs Agent for this return.
11. You accept full responsibility for any Parcel where the Commodity Code, any information provided pursuant to paragraphs 8, 9 or 10, or any other Consignment Data is missing, incorrect or incomplete and in such circumstances you agree that we may (at our option):
(a) use the general Commodity Code or amend the incorrect or incomplete Commodity Code based upon the description of the Goods given by you, or as determined by us following an inspection of the Goods;
(b) hold the Goods pending receipt of the documents, data, information or Commodity Code from you; or
(c) return the goods to you.