Free Returns Delivery Service
Section 1 Definitions
Section 2 How the free returns delivery service works
Section 3 Your responsibilities
Section 4 Receipt of Parcel
Section 5 Our Performance of the Services
Section 6 Charges
Section 7 Limits to our Liability
Section 8 Claims for Compensation
Section 9 General
Section 10 Information about us
In these conditions the following words have the following meanings:
“Address” means the address of the Retailer that we will try to return the Parcel to.
“Delivered” means delivered to the Retailer at the Address
“Delivery Estimate” means our estimate of the time within which we will return your Parcel to the Retailer, which we will give to you on our website.
“Free Return Delivery” means that the Retailer has notified you that you do not need to pay Hermes for the Services and instead the Retailer pays Hermes for this Service.
“Goods” means any goods contained within a Parcel.
“Late Delivery” means when we fail to meet our Delivery Estimate by two days or more.
“Loss or Damage” means loss of or damage to a Parcel or Goods.
“Order” means your order for the Services.
“Parcel” means a package (and the Goods contained within it) that you give to us and we carry for you.
“Parcels that we do not accept for Carriage” means any Parcels weighing more than 15kg or which are bigger than the maximum volume we accept for carriage-please see our FAQs for further details.
“Receipt” has the meaning given at clause 4.1 below.
“Retailer” means the retailer which the Parcel is addressed to or any other person who accepts the Parcel on the Retailer’s behalf at the Address.
“Services” means our carriage of a Parcel to the Address.
2. HOW THE FREE RETURNS DELIVERY SERVICE WORKS
2.1 You have entered into a contract with the Retailer to purchase Goods and as part of this the Retailer has offered you a Free Returns Delivery if you need to return your Goods to the Retailer.
2.2 We have entered into a contract with the Retailer whereby we have undertaken to provide the returns delivery Service to you, on behalf of the Retailer.
2.3 You acknowledge that the following terms will apply to our provision of the Services under our contract with the Retailer.
3. YOUR RESPONSIBILITIES
3.1 It is your responsibility to ensure that you provide us with a Parcel which only contains Goods which were sent to you by the Retailer and that qualifies for Free Return Delivery.
3.2 If you provide us with a Parcel that is not eligible for Free Return Delivery you shall be liable to pay Hermes for this delivery service in accordance with our Terms and Conditions for the Purchase of Hermes’ Returns Delivery Service (see Terms and Conditions). These terms and conditions would then apply to the Service.
3.3 You must not supply to us any:
3.3.1 Prohibited Items;
3.3.2 Parcels that we do not accept for Carriage; and/or
3.3.2 Goods which are illegal or the carriage of which is illegal.
3.4 It is your obligation to ensure that any Parcel that you supply to us is not a Parcel that we do not accept for Carriage by weighing it, measuring its dimensions and checking this against our Parcel requirements – see please see our FAQs for further details.
3.5 You must ensure that any Goods that you supply to us are properly packed and labelled in accordance with the Retailer’s instructions and the instructions we give to you on our FAQs section of the website.
3.6 You must not abuse any of our staff, subcontractors or agents and if you do we reserve the right to refuse to undertake the Services.
4. RECEIPT OF PARCEL
4.1 Our website sets out the ways by which you can provide the Parcel to us and:
4.1.1 If you drop the Parcel at a Parcelshop we can provide you with a slip to acknowledge our receipt of the Parcel;
4.1.2 If a courier collects the Parcel from you, the Hand Held Terminal signature relating to pick up shall demonstrate our receipt of the Parcel; or
4.1.3 If you require, we will sign a document prepared by you acknowledging receipt of a Parcel; this is “Receipt” of the Parcel.
4.2 All of the above methods which we use to acknowledge Receipt of Parcels shall not evidence:
4.2.1 The condition of the Parcel;
4.2.2 The contents of the Parcel;
4.2.3 That it is not a Parcel that we do not accept for Carriage;
4.2.5 That it does not contain Prohibited Items; and/or
4.2.6 That the Parcel is eligible for Free Return Delivery.
5. OUR PERFORMANCE OF THE SERVICES
5.1 We will not start our performance of the Services until you have provided the Parcel to us or we have collected the Parcel from you.
5.2 We may transport the Parcel to the Address by any means.
5.3 You accept that we do not have to perform the Services if you supply a Parcel and/or Goods to us which are:
5.3.1 Prohibited Items;
5.3.2 Parcels that we do not accept for Carriage; and/or
5.3.3 Illegal or the carriage of which is illegal.
You will not pay us for the Service because this is paid for by the Retailer.
7. LIMITS TO OUR LIABILITY
Any claim which you make for Loss or Damage or Late Delivery shall be subject to the terms and conditions which you have agreed with the Retailer and we shall not be liable to you in anyway. This is because you have contracted with the Retailer and not us for the provision of the Services.
8. CLAIMS FOR COMPENSATION
8.1 You must notify and deal directly with the Retailer if you wish to make a claim for Loss or Damage or Late Delivery. For the avoidance of doubt, this is because you have contracted with the Retailer and not Hermes for the provision of the Services.
8.2 Please see our FAQs page giving contact details for each Retailer.
9.2 If you are not the owner of some or all of the Goods, you will be deemed to be the agent of the owner of those Goods.
9.3 If things go wrong and there is a dispute, English law will apply and the English Courts will have exclusive jurisdiction over the dispute.
9.4 We may subcontract our obligations. Our subcontractor will also be entitled to subcontract its obligations.
10. INFORMATION ABOUT US
10.1 Hermes is the trading name of Hermes Parcelnet Limited a company registered in England with company number 03900782 and VAT number 557 145 237.
10.2 To contact us please write to us at Hermes, Capitol House, 1 Capitol Close, Morley, Leeds, LS27 OWH