On Demand Delivery, powered by Shutl Terms
On Demand Delivery ("On Demand Delivery", “On Demand Delivery, powered by Shutl” or "Service") is provided to you by eBay's affiliate, Shutl Limited ("Shutl") and is intended to facilitate the delivery of items ordered by you via the ebay.co.uk website or mobile website or applications (together, the "Site"). eBay makes On Demand Delivery available to you as the non-exclusive agent of Shutl. After using the Site to search for and select a Service-eligible item, you can purchase that item from the seller on the Site and request On Demand Delivery as your delivery method. A courier will then deliver the item to the address you specify at a time that is convenient for you. Each time you place an order for On Demand Delivery your contract for the delivery is formed between you and Shutl (acting through its authorised agent eBay) on the basis of these terms and conditions ("Terms"). By choosing On Demand Delivery as your delivery method, you agree to the Terms set out below as well as the eBay User Agreement and the eBay User Privacy Notice.
- Delivery Charge
- Cancellation, Returns and Declined Orders
- Limitation of Liability
- Legal Disputes
1. Delivery Charge
A delivery charge will be added to your payment for each item delivered to you or, for multiple items in your order if they are available from the same store. A combined delivery charge for items ordered from multiple stores is not available at this time.
All costs and charges are quoted in accordance with the requirements set out in the eBay User Agreement and will be displayed during checkout. You are responsible for paying all charges for the Service in a timely manner with a valid payment method. If your payment method fails, we may collect charges owed using other collection mechanisms. On checkout you will see your payment to the seller for each item you are purchasing and your payment to Shutl for the delivery charge of the Service.
Shutl may change the delivery charge(s) for the Service from time to time for any reason, including but not limited to temporary changes for promotional events or new services, and such changes are effective when we display the adjusted rate, temporary promotional event or new service on the Site.
When you place an order and select the Service as your delivery method, you will be asked to confirm details of your order and your delivery address. Your phone number will not be shared with the courier, but eBay, Shutl or its service providers may store your phone number to provide customer service to you in connection with the Service. We will only share your phone number in accordance with the eBay User Privacy Notice.
The display of any items on the Site as being Service-eligible at a particular time does not imply or warrant that these items will be available for delivery at any time. We reserve the right to determine, and change from time to time for any reason, the sellers, and amount and types of their inventory, included in the Service. Delivery times are not guaranteed and may vary, including but not limited to variations due to the following factors: proximity to the shop, size of order, how busy shops are, traffic, and volumes of concurrent orders.
We may require a minimum purchase for an order to be Service-eligible. We may change the amount of the minimum purchase requirement (if any) from time to time for any reason, including but not limited to temporary changes for promotional events or new services. Such changes are effective when we display the temporary promotional event or new service on the Site.
Delivery addresses must be within certain geographical areas, such as the boundaries of a city (or parts of a city) in which Shutl offers the Service. Hours for the Service may be limited. If you are requesting delivery of an item outside of courier delivery hours, you will be provided a list of the next available delivery windows to choose from.
Upon the courier's arrival at the specified delivery address, you will be responsible for ensuring that the courier will be able to make an in-person delivery to you (e.g., opening locked gates, enabling entry into secured access buildings, leaving instructions for receptionists, etc.). We are not responsible, and will have no liability, for failing to complete a delivery in the event that the delivery address you provide is incorrect, incomplete or inaccessible.
A signature will be required upon delivery. Your order is deemed delivered upon receipt by Shutl of proof of delivery by signature in electronic or written form or by other evidence such as the courier's confirmation of delivery. We will not be liable for any lost, stolen or damaged items if the courier is instructed to leave an item somewhere without signature. Where the courier is unable to effect delivery of the item as requested by you, Shutl shall use its reasonable endeavours to notify you of any undelivered or unclaimed item(s) and shall return the item to the seller.
4. Cancellation, Returns and Declined Orders
If you are a consumer you have a statutory right to cancel the Service within 14 days of us confirming acceptance of your order unless delivery begins sooner. Given the nature of the Service some deliveries may begin immediately. You can cancel a On Demand Delivery order up until the courier has been dispatched to pick up your item from the seller's store. To cancel please contact eBay customer service quoting your order number.
On Demand Delivery is not currently available for returns. You are responsible for reviewing a seller's return policy ("Seller's Return Policy") prior to purchasing an item on the Site. All item returns, exchanges, and customer service issues are handled by the seller and not eBay and are subject to Seller's Return Policy.
If you choose to open an eBay Money Back Guarantee case for an item delivered via the Service, you agree to only submit an eBay Money Back Guarantee case if the seller fails to process your return or rejects your return despite the Seller's Return Policy. All eBay Money Back Guarantee cases will be reviewed and processed in accordance with eBay's Money Back Guarantee policy.
We reserve the right to decline your order at any time for any reason, including, without limitation, if the item is not available at the seller, not as described on the Site, in excess of the weight limits, shaped or sized so as to make delivery by a courier impracticable, or if the courier is unable to complete delivery of an order on the first or subsequent attempts. In these hopefully rare instances, you will be called either to inform you that the order has been declined or to inquire as to whether you would like delivery of an alternative item, the item at a different price, or other applicable variations. In the event that your order is declined by eBay, you will be refunded any amounts you paid as a delivery charge.
5. Limitation of Liability
We cannot guarantee the continuous operation of or access to the Service and the delivery window function for the Service and other notification functionality in the Service may not occur in real time. Such functionality is subject to delays beyond eBay or Shutl's control.
You acknowledge that satisfying the delivery times for each order as part of the Service is dependent on a number of external factors some of which are beyond the control of Shutl. As such, provided Shutl uses reasonable efforts to meet delivery windows, it will not be liable to you (or to anyone else) for any late or failed deliveries. For the avoidance of doubt, time is not of the essence under these Terms.
Apart from the terms, conditions and any warranties set out in these Terms, no conditions, warranties or other terms apply to the Service.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use the Service;
- pricing, delivery or other guidance provided by us;
- delays or disruptions to the Service;
- the content, actions, or inactions of third parties;
- a suspension or other action taken with respect to your account or breach of the Abusing eBay section of the eBay User Agreement;
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms, the eBay User Agreement or our policies.
Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Subject to the preceding paragraph, if we are found to be liable, our total liability to you or to any third party in relation to the Service (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to damage to or loss of the item(s) contained in your On Demand Delivery order or other physical property to £2,500 per On Demand Delivery order (or the cost value of item(s) carried under that On Demand Delivery order if less) provided the value is evidenced by you.
You agree that your sole remedy, if any, for problems with items delivered to you via On Demand Delivery is to seek a return and refund for such item in accordance with the Cancellation, Returns, and Declined Orders section above.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms, the eBay User Agreement, your improper use of the Service, other eBay Services, or your breach of any law or the rights of a third party.
7. Legal Disputes
Any claim, dispute or matter arising under or in connection with these Terms shall be governed and construed in respects by the laws of England and Wales and the parties each submit to the exclusive jurisdiction of the English courts.
Shutl Limited is an eBay affiliate and wholly owned subsidiary of eBay Inc. with its registered office at 5 New Street Square, London EC4A 3TW , United Kingdom (company registered number 06612384).
Shutl may assign, transfer or sub-contract its rights and obligations under these Terms to any third party sub-contractor provided it remains liable to you for their performance. Any sub-contractor or agent of Shutl shall be entitled to rely on and enforce any of these Terms as if it were a party to them in the place of Shutl. You may not assign or transfer or sub-contract your rights or obligations under these Terms.
These Terms set out the entire agreement between you and Shutl (acting through its authorised agent eBay) and supersede any prior or inconsistent agreements, negotiations, representations and promises in relation to the subjects covered by it.
No agency (except as between Shutl and eBay), partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of the Service after the effective date of these amended terms constitutes your acceptance of them. The following paragraphs survive any termination of these Terms: 1. Delivery Charge (with respect to charges owed for the Service), 5. Limitation of Liability, 6. Compensation and 7. Legal Disputes.
Revision Date: 23 March, 2014