Terms and Conditions
As a user of this website you acknowledge that you are bound to our Terms and Conditions below. These Terms and Conditions are effective as of 26th of October 2018. The Terms were last updated on 26th of October 2018.
The Conditions (as defined below) apply to the access to and use of the Site, and to any correspondence by e-mail between you and us and our agents. Using BENVEE CLASSIC LIMITED (BVC) and BVC agents indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, please do not use the Site.
1.0 Definitions
Listed below are the terms that will be found in these terms of carriage:
- Parcel - Individual boxed item that has a single BVC carrier label.
- Consignment - A group of parcels sent through our service.
- Customer/Sender/User - The party who contracts with BVC to arrange collection and delivery of a parcel/consignment and who is responsible for payment of all Charges associated with delivery.
- Consignee/Receiver - The person who is receiving the parcel/consignment sent through BVC.
- Carrier/Third Party - Our carrier partners, including DHL, UPS, TNT, ParcelForce, Hermes, and others.
- The relevant collection point - means the address at which any Parcel/Consignment is to be collected by the carriers.
- The relevant delivery point - means the address to which any parcel/Consignment is to be delivered by our carriers.
- Driver release areas - means that the carrier deems this a 'safe' area and parcels can be left at the door without a signature. This only applies to certain services to certain areas.
- Shipping Label/AirWay Bill/Commercial Invoice- The documentation placed on/with the parcel.
- Working Day - Monday to Friday from 9am to 5pm within the UK, excluding public and bank holidays.
- Guarantee - Collection or delivery guarantee on applicable services or 'your money back'.
- Compensation Cover - This is Transit cover that provides cover against Loss and/or Damage. This cover does not apply to goods present on the Restricted and/or Prohibited list and any premium paid for cover on items which are on these lists is not refundable in the event of loss or damage.
- Charges - All charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, Customs duties, levies, Insurance premiums and any other amounts properly chargeable by BVC to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s) and any other amounts payable under these terms.
- Contract - The agreement between the Customer and BVC for provision of services.
- Member - means a person who has Registered on the site (and "Membership" means the status of being a Member);
- The Company/Site - means www.BVC.com.
2.0 Access
Whilst we endeavour to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
3.0 Content
Whilst we endeavor to ensure that the information on the Site is correct, we do not warrant the accuracy or completeness of the material on the Site. We may make changes to the material on the Site at any time and without notice. The material on the Site may be out of date, and we make no commitment to update such material.
The contents of the Site are provided 'as is', and we provide no warranties in respect of such contents.
You are prohibited from posting or transmitting to or from the Site any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; - for which you have not obtained all necessary licenses and/or approvals; - which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or - which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site (including, without limitation, by hacking).
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.
4.0 License
You are permitted to view, print and download extracts from the Site for your own use on the basis that:
- no documents or related graphics on the Site are modified in any way;
- no graphics on the Site are used separately from the corresponding text; and
- our copyright notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Save as agreed otherwise, any use of extracts from the Site is prohibited, and if you breach this clause, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
No part of the Site may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.0 Disclaimer
To the extent permitted by law we hereby exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
6.0 Information about you and your visits to our site
In order to view quotation results, you must provide your email address and name, and select whether you are a business or personal user of the site. This is for verification and you will be added to our mailing list so we can inform you of important updates to our services, along with informing you of promotions and special offers. By providing these details at this stage, you agree to receive emails from us.
Any information about you that we process will be processed in accordance with our Privacy Policy. By using the Site you consent to such processing.
7.0 Our Obligation to the customer
BVC will arrange delivery of the parcel/consignment(s) through a third party service with the reputable carrier as chosen at the time of ordering.
BVC do not come into direct contact with the consignment's but arrange the shipment through one of the carriers that we hold an account with.
BVC reserve the right to without notice - Introduce, change, remove any pricing, Service or discount that is available online.
There will be between 1-3 delivery attempts that will be made for each consignment, depending on the service or carrier used for the delivery. If the parcel/consignment(s) has to be returned to the sender, then a return charge will be applied and the customer understands they are liable for this. Should the consignment be returned to BVC's Head Office it is the Customer's responsibility to pay to have the item collected and delivered to their designated delivery address and accept liability for any return charges originally applied to the order.
Please ensure the correct parcel is given to the correct collecting agent that you have chosen at the time of ordering. Please also ensure that when sending multiple parcels, the correct labels are attached to the correct parcels as miss-labelled parcels cannot be re-shipped free of charge. It is the responsibility of the customer at the collection point to ensure the correct parcel is given to the correct courier. Should a parcel be given to the incorrect courier an additional surcharge may be applied to the order to have the parcel returned. No refund can be given on the original order due to an incorrect parcel being handed to a courier.
Export services can be collected from a Residential address or Business. Please note the Import services are collection from a Business address only. BVC can only deliver to a full street address. We cannot deliver to a PO Box. If a consignment has to be returned for this reason, no refund will be given.
The carrier / BVC have the right to refuse a consignment for a given reason such as No Packaging, insufficient packaging or the consignment being too large. In addition, BVC has the right to refuse any order/user from our system.
BVC requires a telephone number for the receiver who may be called in the event of an address query. Please note for any overseas address a local number is needed, the carrier will not call a UK number. BVC will not re-ship any returned item if a telephone number has not been provided and the carrier could not call to arrange delivery.
Payment is taken by our automated system at the end of your order once the service has been booked with our carrier. All prices quoted on our web site are in pounds sterling. BVC reserves the right to refuse any order and will process payment security checks on certain transactions and values.
Tracking is available through our Web site. It is the customer's responsibility to track all shipments.
8.0 Customer's Obligation
The Customer shall warrant and undertake the following conditions:
- All Consignments are appropriately and securely packaged for Carriage taking into account the content of the Consignment and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; any parcel not packaged according to the packaging guidelines may be refused for transit or returned to the original sender without being delivered. Additional surcharges for the packaging being made secure during transit may be levied and no claim for damage can be accepted in this case.
- All consignments will have each individual box or parcel declared on the Booking in order that the correct price and service can be provided to the customer. Under no circumstances should multiple boxes be attached together and sent as one parcel. In any such instance, where the parcels become separated in transit any claim shall be rejected and additional surcharges applied to the order which the customer shall pay before delivery of the parcels.
- All Consignments are correctly labeled, and that all labels shall be securely fixed, clear, legible and placed on the largest flat surface of each parcel comprising the Consignment for easy visibility. If the Sender has failed to adequately label any parcel within the Consignment then the Carrier shall be entitled to refuse to carry the entire Consignment. The Company and the Carrier shall not in any circumstances be liable for any late delivery, miss-delivery or non-delivery caused by or contributed to by the deficient or ambiguous labeling or any other failure by the Sender of its labeling obligations
- Courier services which specify the need for a printer should have the courier specific shipping Label printed and attached to the parcel. Any parcel sent without the specific courier's shipping Label will be subject to additional surcharges from the courier or BVC and potential delays in service. No tracking updates will be viewable through the BVC website. Should any parcel be sent without the correct shipping Label or documentation, no refund will be given and this will also void any future claims which may arise.
- Shipments travelling internationally may be required to have additional paperwork and information supplied to the courier to enable the shipment to progress on its journey. BVC aim to provide all the necessary documents to the customer after payment however liability to ensure that all the paperwork is present remains with the customer. The customer is responsible for ensuring that the parcel and all necessary documentation needed for International shipments is present before the courier collects. Any parcel, refused, returned or undelivered due to missing or incomplete documentation will not be eligible for a refund and additional surcharges may be applied which will be paid by the customer.
- All data to be provided by the Customer (including by electronic means) in relation to the ordering, labeling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by the Company. Such data shall include but not be limited to the weight& size of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If the Customer has failed to provide all such necessary data, then the Carrier shall be entitled to refuse to carry the Consignment and/or may charge the Customer accordingly.
- The consignment complies with all legal and statutory obligations and regulations regarding the Carriage of Consignments by road, sea and air.
The Customer shall fully indemnify and hold both the Company and the Carrier harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.
9.0 The Carriers Conditions of Service
For all Deliveries, the following Carriers Conditions will apply:
- DHL: https://www.dhl.co.uk/en/express/shipping/shipping_advice
- TNT: https://www.tnt.com/express/en_gb/site/terms_and_conditions.html
- ParcelForce: https://www.parcelforce.com/terms-and-conditions
It is a mandatory requirement under this paragraph that you, the Customer, have read, understood, acknowledged and agreed to the Carriers Conditions of Service.
10.0 Delays in Service
Delays in service may be experienced under the following conditions:
- Acts of God (including, but not limited to, adverse weather conditions that may cause immediate and future delays on all services)
- War, 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 therewith, and/or
- Ionizing radiations or contamination by radioactivity from any nuclear fuel on from any nuclear waste from the combustion of nuclear fuel, and/or
- Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, and/or
- Pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds, and/or
- The absence, failure or inadequacy of packing or packaging.
- The absence or incomplete paperwork needed for the shipment
- The Shipping Label provided for the service has not been used
- The Shipment is to travel more than 250 miles
- The shipment is to be sent to the Highlands of Scotland or any remote areas in the UK.
No Refund can be given for a delayed service for any of the above caused.
11.0 Liability
The Company, its servants or agents shall not be liable to the Customer in any circumstances or to any extent whatsoever in respect of damage caused to the consignment unless written notice is received by the Company within 3 Calendar Days of the consignment being delivered.
Any claim for partial loss of a consignment or dispute in the delivery where a delivery scan is available must also be raised with BVC in writing via our online claim form within 3 Calendar days of the delivery accompanied by all the necessary documents. Any documents received outside of this timescale will result in the claim being rejected.
For loss of the complete Consignment written notice must be received by the Company - again, via its online claim form, within 7 Calendar days of the estimated delivery date. Please allow up to 90 working days for any claim to be fully dealt with.
If the Company is at any time be prevented from or delayed in starting, carrying out or completing any services described in the Schedule by reason of strikes, lockouts, labour disputes, weather conditions, traffic congestion, mechanical breakdown or obstruction of any public or private road or highway or any cause whatever beyond the Company's control, the Customer shall have no claim for damages or otherwise against the Company its servants or agents for any consequential loss as a result thereof provided that in the case of mechanical breakdown of one of the Company's vehicles the Company shall use its best endeavors to provide a replacement vehicle with the minimum practicable delay. No refund can be given in such instance where the service received was delayed for reasons outside of BVC's direct control.
The Company, its servants or agents shall not in any circumstances be liable for any late delivery or miss-delivery or non-delivery caused or contributed to by any deficient or ambiguous labeling of the Consignment.
Any item that is listed in our Prohibited Items list & Restricted Items list will be exempt from our liability cover for any type of claim. Please check our Prohibited Items list & Restricted Items list prior to booking to ensure the item being sent is not listed. By accepting these terms and sending the item you are agreeing that if the item is listed then no claim can be raised and any additional transit cover purchased will be void and non-refundable.
Any consignment sent on any service booked through BVC with incorrect weight and dimensions entered at the point of booking, will not be covered under the transit compensation scheme. This includes the standard cover and any additional cover purchased will be void and non-refundable. Additional surcharges may also apply and the Customer will be liable to settle these prior to delivery of the consignment that may be subject to a surcharge for being too large or too heavy will not receive any transit cover - neither the free included amount or any additional cover purchased.
The person placing the order is responsible for the information entered. BVC will deal with the person who placed the order only. BVC will not be held responsible for wrong information that is entered during the order process and no refunds will be given in this instance.
Liability is limited to the negligence of the company carrying the goods. This is then limited to the customer who placed the order with BVC.
Loss, damage and Money Back Guarantee's under the following conditions will not be covered:
- Act of God (including, but not limited to, adverse weather conditions that may cause immediate and future delays on all services)
- Consequences of war
- Insufficient packaging
- Incorrect labeling
- Prohibited and restricted contents
- Force majeure
Liability is limited to the value of the item, excluding postage and packaging costs, up to the maximum amount of compensation cover included and/or purchased and to the cost of sending the item only, excluding any premiums paid for additional compensation cover in case of loss of the consignment.
We will not be liable for any further claim for any loss of profit, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of any problem in relation to the service you ordered.
Please note that BVC will accept no liability for the packaging advice it provides. The customer remains responsible for ensuring packaging is adequate for transportation.
12.0 Collections and Deliveries
In the event that the Relevant Carrier is unable to collect the Consignment or any part thereof, the Relevant Carrier will either leave details of the attempted Collection at the Relevant Collection Point or update the tracking information on the website to show the attempted collection. All re-bookings of collections must be made direct with the with BVC's customer support team. Please note that any collection that has been missed by fault of the customer may incur a surcharge that is payable by the customer prior to the order being re-booked with the courier.
If the goods are not ready for collection by the Carrier at the place and time agreed, a charge for 'Nothing to Collect' will be made. A surcharge of £5.00 will be applied if there is 'Nothing to Collect'.
For any of our Same Day Collection/Delivery services - waiting tine will be charged in 1 minute increments after the first 15 minutes at £2 per minute. This is a charge that the carriers levy on BVC and so it has to be passed on to the sender.
Dependant on the service and courier selected they will make one attempt to deliver a Consignment during normal working hours. If the relevant carrier cannot obtain a receipt at the relevant delivery point it may attempt to deliver and obtain an appropriate receipt at an address close to the relevant delivery point and, if successful, will leave at the relevant delivery point details of the address at which delivery has been effected.
If the Consignment has not been delivered, the Carrier will return it to their warehouses, after leaving at the relevant delivery point a request for the consignee to contact the Carrier to make alternative delivery arrangements. If no such contact is made within a reasonable time-frame the Carrier will either retain the Consignment or return the parcel and the customer will be liable for any additional charges that may be incurred.
The automated system books the collection as per the customer's request. Please note that collection date & time is not guaranteed on any service. Collection will be made at anytime between 0800-1800 Monday-Friday (excluding Bank Holidays). Saturday collections are available on most services at an extra cost.
A receipt must always be obtained on collection of your consignment from the carrier. No claim can be made if a collection receipt has not been obtained as there is no proof that the carrier has collected the parcel.
Please note that most of our services require a Barcoded label& Printed Address Label to be printed out and attached to the parcel. Manual paperwork (including handwritten address labels) must not be used.
On the advised services the driver will leave a Waybill document that you may have to complete with the 'to' and 'from' address details.
It is the customer's responsibility to ensure that all the details are correctly completed and displayed on the correct parcel and no claim or reduction will be made if the parcel is sent and the details were incorrect or placed on the incorrect parcel. It is not the driver's responsibility to check this information, so please ensure this is checked before he leaves.
Shipments to and from remote areas nationally and internationally on all services may be subject to delay and possible service downgrade. No refund can be given in these circumstances.
13.0 International Carriage & Customs
In the case of services where the Company is required to collect goods from or deliver goods to a country outside the United Kingdom the Company's liability is governed by the relevant provisions of the Convention on the Contract for the International Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as such Schedule may be amended from time to time) ("the CMR Regulations") and in particular Articles 17 and onwards, which provisions will be incorporated into this Agreement and will apply in place of any inconsistent terms above written. A copy of such provisions will be supplied if required at a charge of£20 to cover administration fees.
Documents up to 1.5Kg do not need a commercial invoice to any destination. These should be declared as zero value. If an incorrect value is entered, BVC cannot be held responsible for any charges that may apply. Consignment(s) that exceed the value of £4,699 may be delayed as they will require further documentation for clearance. BVC do not advise sending any consignment over £2500 as no additional Transit Cover can be offered over this value.
You are pre paying for the postage charges of your consignment(s) only. BVC has no control over any customs queries or charges that may arise. It is the Customers responsibility to check whether there are taxes, duties or other customs charges for your consignment. You can do this by speaking to the Consulate of the destination country.
In the event of a parcel being returned to the sender from outside the UK then the charge will be the appropriate import rate for the consignment. This is likely to be higher than the price paid to export the goods. The sender is also liable for this charge.
14.0 Prohibited & Restricted Items
Both Prohibited and Restricted items could be subject to non collection, delay, return or confiscation by Customs. No refund of postage will be made and compensation claims will be void.
Please note BVC's booking systems are automated by computer software, therefore our staff are unable to monitor what is being shipped, so it is the customers responsibility to read the terms and conditions; to check their item is not listed on the prohibited and restricted items list or enquire directly via email to see if your parcel is acceptable.
Prohibited items cannot be sent through our services. If any one of the items in the Prohibited Items list is collected by a driver you are then liable to be surcharged and your parcel returned.
Restricted Items can be sent but will travel without any inclusive or additional damage / loss cover and are therefore sent at the owners risk, no claim can be made under any circumstances for items in this list.
15.0 Surcharges
Below are the circumstances in which the surcharges and additional charges become payable. The value payable will depend on the carrier used.
By entering the weight and dimensions of your consignment(s) you are pre paying for the carriage based on these parameters. It is very important that you accurately declare the weight and dimensions of each parcel in your consignment. Every parcel is scanned and weighed by the appropriate carrier. If the consignment(s) are heavier than stated - then the additional weight will either be invoiced directly, charged to the card that the order was placed on or deducted from the users 'Account Funds' (provided they have sufficient credit) together with a surcharge of £25 + VAT to cover administration fees. Additional charges will be confirmed in writing.
If the goods are not ready for collection by the Carrier at the place and time agreed, a charge for 'Nothing to Collect' will be made. A surcharge of £5.00 will be applied if there is 'Nothing to Collect'.
For any of our Same Day Collection/Delivery services - waiting tine will be charged in 1 minute increments after the first 15 minutes at £2 per minute. This is a charge that the carriers levy on BVC and so it has to be passed on to the sender.
Failure to pay surcharges within 10 working days will result in interest being charged at 5% per day thereafter.
16.0 Discounts
BVC's website will automatically offer discounts to account holders on certain services. This is automatically offered providing that the account holder is logged in. If they are not then a discount cannot be issued retrospectively.
Please note - if a Promotional code is entered, this will replace any other discounts the user is entitled too. Two discounts cannot be used at the same time.
Money deposited in a user's 'Account Funds' can only be used on the site and cannot be withdrawn at any point. All deposits paid into 'Account Funds' must be used within twelve calendar months of date of deposit otherwise the balance will expire. 'Account Funds' can only be used towards parcel deliveries on the BVC website.
17.0 Refunds
Please note - Money deposited into the prepaid account as 'Account Funds' can only be used on the BVC website and cannot be withdrawn or redeemed at any point since BVC periodically promotes its services by offering free virtual funds or money that to be added into customers' prepaid account. All deposits or money paid into 'Account Funds' must be used within twelve calendar months of date of deposit otherwise the balance will expire. 'Account Funds' can only be used towards parcel deliveries on the BVC website.
18.0 Damaged / Lost Claims
The customer remains responsible for ensuring packaging is adequate for transportation. All items must be packed in a double walled box which is securely fastened with further padding surrounding the item making the item unable to touch the sides of the cardboard box or move whilst in transit. In addition the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a consignment that is inadequately packaged.
Items not boxed or sufficiently packed are excluded from our services and could be subject to delay / return / held for collection by the customer. Such goods could also be discarded if:
- they are damaged to such an extent such as smashed glass , or cause a concern in regards to health and safety regulations .
- if goods have been held for collection by customer and the time limit advised has been exceeded. Please be aware in such a circumstance, the customer will be aware that collection of said goods must be arranged by a certain date or the goods may incur storage charges, and finally discarded at a cost payable by the sender.
In the event of claims for damage the Customer shall provide to BVC within 3 calendar days of the delivery being made photographs of internal/external packaging used and of the damaged item; a quotation for repair costs and a proof of value for the damaged item showing the item and the cost paid/sold for. In the event that a damaged item cannot be repaired, the Customer must provide written proof of this from a relevant specialist before BVC.com can consider the full claim amount.
In order for a customer to make a claim for a damaged parcel and/or contents - it is of paramount importance that the parcel is signed for as 'DAMAGED' otherwise any claim for damage will be refused. It is therefore the customers / recipients responsibility to check the contents of the parcel upon delivery to ensure there is no damage. If the recipient signs for a parcel in 'GOOD CONDITION' or 'UNCHECKED' then no claim for damage will be accepted under any circumstances, regardless of any tracking information entered or advise directly from the courier. It is the customer's responsibility to inform the recipient of these terms and conditions also.
A lost claim can only be processed once the carrier has made extensive searches and deems the goods as lost. This process can take up to 40 working days to be completed.
The claims process is aimed to be resolved within 28 working days of notification and all decisions are made at the sole discretion of BVC and/or the relevant carrier. Please allow though up to 60 working days for a resolution.
The documents required to be submitted with your claim are listed below -
Loss - Collection paperwork as left by the driver at the point of collection, proof of value showing the item and the cost of that item (website screen prints, addresses, or similar item prices will not be accepted as a proof of value and if such submitted the claim will be rejected), proof of loss from the receiver and signed advising no goods received with them or any of their neighbours.
BVC reserve the right to reject or refuse any claim if any of the terms above have not been met.
19.0 Financial Information
We do NOT store any financial details such as credit or debit card information at our own site since we use secured third party payment gateways to process your payment transactions, which confirms that your transaction is secure in that you would pay nothing in the event that an unauthorised charge was made to your credit or debit card after purchasing from BVC.com.
20.0 Applicable Law
This agreement shall be construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.