Terms & Conditions
INCORRECT ADDRESS AND P.O. BOX NUMBERS
1.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
1.2. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
DELIVERY OF YOUR SHIPMENT
2.1. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver’s instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
2.2. You or the receiver of a shipment may give special instructions to us (by means of a TNT website or any other medium) to deliver the shipment to another location/person (being for example a neighbour and/or neighbouring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
2.2.1. our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
2.2.2. we shall not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
2.2.3. you shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
2.3. Where appropriate we may deliver the shipment to an address close to the delivery address if the receiver of the shipment is not available, at your risk.
You warrant, represent and guarantee to us that:
3.1. the contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
3.2. the consignee’s full address including postcode and contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
3.3. the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
3.4. you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
3.5. you have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
3.6. you have included with the shipment the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, and the first 6 digits of the Harmonised System (“HS”) code;
3.7. the value of any shipment does not exceed £15,000.
EXTENT OF OUR LIABILITY
Liability for Transportation Services
4.1. Subject to Clause 5 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
4.1.1. we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed £15 per kilo limited to a maximum of £15,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
Liability for Other Services
4.2. Subject to Clause 14 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you is at all times limited to £15,000 per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed £3.50 per kilo with a maximum of £15,000 per event or series of connected events.
EXCLUSIONS OF LIABILITY
5.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
5.2. We are not liable if we do not fulfil any obligations towards you at all as a result of:
5.2.1. circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson.
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 3;
- an act or omission of any customs, security, airline, airport or government official.
RATES AND PAYMENT
PAYMENT FOR YOUR EQUIPMENT
9.1. Once you checkout you will be required to pay for the equipment to reserve it until we provide the delivery charge, or for up to 72 hours.
9.2. If after 72 hours we are unable to make contact with you we will refund your payment in full and the equipment will be re-listed for sale.
9.3. If you decide that you do not wish to proceed with your purchase due to the delivery charge, you will receive a full refund.
9.4. Once you accept the delivery charge, payment will be collected and the equipment will be delivered. At this point the contract is deemed complete.
10.1. It is not possible to provide a price for delivery until the delivery address is known.
10.2. All equipment prices are provided exclusive of delivery charge, which will be added to the cost of the equipment.
10.3. Once you purchase a product, that product will be held for you until we are able to confirm the delivery charge.
10.4. If after receiving confirmation of the delivery charge you decide that you no longer wish to purchase the equipment no financial penalty will be applied.
10.5. If you are not available to receive the goods when the delivery driver arrives at your premises, and additional charge will be made for a second re-delivery.
11.1. We only deliver to mainland UK, if you are outside the UK, please call us before paying for your equipment. Additional charges are made for delivery to Northern Ireland.
11.2. Delivery will be made to the ground floor of your address, if your address is not a ground floor address you must make this clear when we book your delivery.
11.3. For health and safety reasons the delivery driver may not be able to carry heavy items on his own, it will be your responsibility to provide assistance to move the equipment onto your premises.
11.4. A heavy item is any item including packaging that weighs over 69Kilos
11.5. Exchange Sports Limited accept no responsibility for deliveries that do not meet the terms of delivery as displayed on this website.
REFUSAL OF EQUIPMENT
12.1. Where equipment is damaged, on arrival, this must be recorded on the delivery documentation and brought to the attention of the delivery driver.
12.2. If you are not satisfied with the condition of the equipment when it is delivered you MUST refuse to accept the equipment.
12.3. Once you sign for the equipment you are accepting that the equipment has been delivered damage free.
13.1. Labels will be emailed to you and must be attached to every individual package or item. Failure to label your equipment may result in the loss of the equipment.
13.2. Exchange Sports Limited accept no responsibility equipment collections that do not meet the terms of collection and our general terms as displayed on this website.
13.3. It is the seller’s responsibility to provide help and assist the collection driver to carry items on to the vehicle.
14.1. Exchange Sports Limited accepts no responsibility for incorrect weight or dimensions that are provided by the seller.
14.2. Where an item is overweight or the size is greater than the dimensions provided, the seller may be charged an additional fee.
14.3. Additional fees will be deducted from the sale price for the equipment.
14.4. It is the seller’s responsibility to deliver the equipment to the driver on the ground floor.
14.5. It is the seller’s responsibility to assist the collection driver to carry and load heavy items on to the vehicle.
14.6. A heavy item is any item including packaging that weighs over 69Kilos
14.7. Goods may need to be packaged and weighed for some delivery options, this will be explained once your equipment has been accepted for display on the website.
15.1. Where equipment that has been delivered is not as advertised or is inaccurately described, you must report this to us in writing within 48 hours.
15.2. Exchange Sports Limited provides a marketplace website for sellers to sell used gymnastics equipment and for buyers to purchase used gymnastics equipment.
15.3. Whilst Exchange Sports Limited will review all equipment that is advertised on our Marketplace website, we accept no responsibility for equipment that is not described accurately.
15.4. It is the responsibility of the seller to ensure that the equipment is described accurately and packaged accordingly. Where an item of equipment is rejected, the seller accepts the return collection and delivery charges will need to be paid in advance for the goods to be returned.
15.5. Where equipment is deemed to be not as described and rejected by the buyer, the seller will be responsible for paying the original delivery charge, any insurance chosen as well as the cost of the return delivery.
15.6. If the delivery and return fees are not paid, a reasonable storage charge will be made until the return transportation fee is paid and the goods are collected.
15.7. If after 3 months the return fee is still not paid, then Exchange Sports Limited retain the right to sell the equipment to recover any outstanding fees for storage, delivery and insurance charges. These fees will be recovered from the sale of the equipment and the remaining balance returned to the seller.
16.1. The following is the sales process for advertising equipment
16.2. You will be required to set up an account to sell on the website.
16.3. Upload your description for the equipment you wish to sell.
16.4. Upload your photographs of the equipment.
16.5. Provide the address where the equipment will be collected from. This information will not be displayed on the website.
16.6. We will review your description and images within 72 hours, if there are any discrepancies we will contact you.
16.7. The product will be displayed on the website.
16.8. The customer will buy the product by paying for it on the website.
16.9. Payment for the equipment and delivery will be collected before the equipment is despatched for delivery.
16.10. We will calculate the delivery charge and confirm that the buyer is happy to pay the delivery charge.
16.11. We will arrange for collection of the goods and the onward delivery to the buyer.
16.12. We will email you the shipping labels for the equipment.
16.13. You will need to package your equipment according to the requirements provided on the website or the instructions given by one of Exchange Gymnastics staff.
16.14. Collection and onward delivery take place.
16.15. Following successful delivery of the equipment, payment will be made to the seller. Exchange Gymnastics fee and any optional insurance fees, as described on the website, will be deducted from the final payment due to the seller.
17.1. To buy on the site you must set up an account and register your details on the website.
17.2. You will need to provide your address where any equipment purchased will need to be delivered.
17.3. Once you see a piece of equipment that you wish to purchase, login to your account, add the equipment to your basket and checkout.
17.4. When you checkout, we will send you an invoice for the equipment, this needs to be paid within 72 hours of receiving the invoice.
17.5. Failure to settle the invoice within 72 hours will trigger the website to re-list the equipment for sale.
17.6. Once you receive your order confirmation, one of the Exchange Gymnastics team will contact you to arrange the delivery of the equipment. We are unable to provide delivery charges upfront as we do not know the end destination, therefore a second invoice will be sent to cover 17.7. the cost of delivery. Again, this must be settled within 72 hours. Once both invoices are paid, the goods will be delivered.
17.8. Where you have paid for the equipment before we provide the delivery costs, should you decide not to proceed due to the cost of delivery, a full refund will be made to the account or card used to settle the invoice.
INSURANCE OF GOODS DURING DELIVERY AND COLLECTION
Standard shipping rates include the following insurance:
Where the standard insurance does not provide enough cover, you can purchase additional cover as follows: