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Goods Cover Terms & Conditions

  1. Terms & Conditions Relating To Goods Cover

    1. Goods Cover is the financial value which your Shipment is protected up to in relation to loss or damage in transit. Please note that the level of Goods Cover selected by you will affect the maximum value of a claim that you can make against Despatch Bay (For example if your Shipment is lost or damaged).
    2. Each Shipment includes £50 of Goods Cover as standard. The exception being Shipments which relate to Prohibited / Restricted Items, where no Goods Cover is offered.
    3. You can buy additional Goods Cover for an additional fee which is payable at checkout.
    4. Goods Cover can be purchased in a range of values until your Goods Cover reaches a total value of £1000. Cover can be added in set increments of £100/£250/£500/£750/£1000 charged at 4% of the selected Goods Cover value. In such circumstances (where maximum Goods Cover has been selected), the maximum value which Despatch Bay will pay for loss and damage on production of proof of value will be £1000. Accordingly, Despatch Bay does not advise sending any Shipment valued at over £1000 as no Goods Cover can be offered over this value. A claim will only be entertained up to the covered maximum.
    5. For further details on the carriage of Restricted Items and Prohibited Items, please see the restrictions guide. For further information on the level of claims you can make against Despatch Bay and Despatch Bay’s limitation on liability, please see section 2 below.
  2. Limitation Of Despatch Bays Liability Relating To Goods Cover

    1. Despatch Bay’s liability to you is subject to the exclusions listed in this section. This means that, with certain exceptions, the maximum amount of a claim that you can make against Despatch Bay will be limited in value.
    2. Nothing in this section seeks to limit Despatch Bay’'s liability to you for claims relating to death or personal injury caused by Despatch Bay’s negligence or for any other liability which cannot be excluded by law.
    3. Despatch Bay’s maximum liability to you is limited to the amount of Goods Cover selected when an order was placed plus the postage fees paid with the Shipment. For example, if a standard order has been placed and no extra Goods Cover has been selected, then that order will have £50 of Goods Cover included. If the cost of the postage was £10, then Despatch Bay's maximum liability to you in relation to that Shipment will be limited to a total of £60 (being the £50 of Goods Cover plus the £10 cost of postage). In the same example, if Goods Cover was selected up to a value of £200, then Despatch Bay’s maximum liability would be £210 (being the value of the extra Goods Cover plus the cost of postage).
    4. In any case, to the greatest extent that is permitted by law, Despatch Bay hereby limits its liability to the direct losses suffered by you (unless expressly stated otherwise in these terms of use). Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.

Terms & Conditions Of Service

As a user of this website (referred to as "Client") you acknowledge that any use of Despatch Bay, the Despatch Bay website, including any transactions you make on or outside of the website are subject to our Terms and Conditions below.

  1. DEFINITIONS

    1. "Shipment" A parcel or group of parcels sent through this service to each individual address.
    2. "Consignee/Receiver" The person who is receiving the Shipment.
    3. "Sender" The business or person sending the parcel.
    4. "Shipping labels" The courier documentation produced by Despatch Bay placed on the parcel or packet.
    5. "Driver Manifest" The duplicate documentation that is signed by driver and Client (a copy to be retained by each), which details the Shipments in a collection.
    6. "Third Party/Third Party Courier" The national or international couriers available for use via the Despatch Bay client account.
    7. "Working Day" Monday to Friday from 9.00 am to 5.30 pm within England, excluding public and bank holidays. Note: Please check with individual countries within the UK and overseas to establish their working hours.
    8. "Despatch Bay" refers to DespatchBay.com and the organisation Despatch Bay (a trading name for The SaleGroup ltd).
    9. "Client" A user/account holder of Despatch Bay.
    10. "Charges" The schedule of charge and surcharges found within the Client account of Despatch Bay or on the Despatch Bay website.
    11. "Service" The Clients chosen delivery method of a Third Party.
    12. "Gauge" The limit of a parcels size, volume and/or weight on a specific Service.
    13. "API" Application Programming Interface. A means by which software programs communicate with each other.
    14. "PDF" A file format that provides an electronic image of text or text and graphics that looks like a printed document and can be viewed, printed, and electronically transmitted.
    15. "PAYG" Pay As You Go client as defined by a non balance holding client
  2. OBLIGATION TO OUR CLIENTS

    1. Despatch Bay will arrange delivery of the Shipment(s) via the Client's selected Third Party.
    2. Despatch Bay do not come into direct contact with the Shipment(s) but arrange for the collection on your behalf through the selected Third Party.
    3. Despatch Bay has the right to refuse any Shipment or Client from Despatch Bay automated booking system.
    4. The Third Party Courier has the right to refuse Shipment for reasons such as but not limited to, insufficient packaging, prohibited items or Shipment being larger/heavier than was stated in the booking.
    5. Despatch Bay reserves the right to close a Client's account at any time, for any reason, without prior notice.
    6. All queries/claims must be directed through Despatch Bay who in turn will then contact the Third Party Courier on your behalf.
    7. Despatch Bay can only deliver Shipments to a full street address. We are unable to deliver PO Box addresses and BFPO addresses. If a Shipment is collected and returned for this reason, no refund will be given and a return surcharge will be charged as per the Client's schedule of Charges.
    8. 1-3 delivery attempts will be made for each Shipment, depending on the Client's selected Service. If unsuccessful, the Shipment may be returned to Sender and a return to sender Charge levied. It is the customer's responsibility to track all orders and contact our office prior to the returns process initiation to resolve any issue. The number of delivery attempts and time held prior to return to sender is detailed in the Charges.
    9. Despatch Bay require a telephone number for the Receiver who may be called in the event of an address query. Despatch Bay will not re-ship any returned Shipment if a telephone number has not been provided and the carrier could not call to arrange delivery.
    10. Where prices quoted on this website are in credits, one credit is equivalent to one pound sterling (excluding VAT).
    11. Client's Despatch Bay accounts are debited at the end of the order process once the service label has been printed.
    12. Tracking is available through our website, API or by calling our Customer Service department.
    13. It is the client's responsibility to monitor the tracking status of their shipments.
  3. PROHIBITED SHIPMENTS

    1. If any one of the items listed in the attached Prohibited Shipment Schedule is collected by a Third Party driver you are then liable to be surcharged and your parcel returned. No refund of posting will be made and any compensation claims will be voided. The Client account may also be closed without refund of credit.
    2. The Prohibited Shipments Schedule must be read and understood as part of these Terms and conditions.
    3. Despatch Bay (in the main) is an automated service working with Third Party Couriers. Despatch Bay is unable to monitor what is being shipped. It is the Client's responsibility to read and understand the Terms and Conditions and what are Restricted Items and Prohibited Items. Details can be found in the Client’s account. If unsure, the client must acquire confirmation in writing or email from Despatch Bay’s customer services to ensure the shipment is acceptable.
  4. COLLECTION AND DELIVERY

    1. Despatch Bay books the collection as per the customer's request. Collection can be any time on the specified Working Day.
    2. Collection time is not guaranteed on any of our services. In the rare event that the Third Party fails to make a collection, the client must contact Despatch Bay to confirm when the collection will be reattempted. Despatch Bay and/or the Third Party may rebook or attempt to collect at the next available opportunity without prior notice.
    3. Collections and deliveries are made on Working Day’s only. Saturday collections/deliveries are available where specified Services but are not guaranteed. Refund of the Saturday surcharge will be applied if delivery is not made on the relevant Saturday.
    4. Failure for the Client to be in/open/available for collection will result in your original collection charge (if incurred) being charged and you will need to re-book the collection for an additional charge (if incurred). An aborted collection charge will also be applied as per Charges.
    5. A copy of the drivers manifest must be retained and signed by the Third Party Courier’s driver. No claim can be made if a manifest has not been obtained as this is the proof of the Third Party collection of the parcel and is required for Despatch Bay to process a claim with the Third Party.
    6. Shipments should not be strapped or bound together as this is not a secure way for parcels to travel with a courier. No claim can be made for any additional items that were strapped to the original in the event that they become separated in transit.
    7. Driver Manifest production should only be produced when the collecting Third Party driver is in attendance at the specified collection point.
  5. PACKAGING, LOADING AND UNLOADING

    1. Items travelling through Third Party services must be able to withstand a short drop. Fragile items should be not sent through our services. Please see our packaging guidelines on the Restricted Shipments Schedule.
    2. Your Shipment(s) must be packed to a professional standard, packed within a double walled box with the contents cushioned and protected inside. The packaging must also be sufficient to protect the products weight. Any claim resulting from a parcel that is not packaged to a professional standard and in line with the above will be declined.
    3. In addition to the above, the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a Shipment that is insufficiently packaged.
    4. Collections and deliveries which take more than fifteen (15) minutes may be subject to a surcharge.
    5. If, on attempting to deliver a Shipment to a school or similar institution the Third Party Courier finds that such school or institution is closed for holidays or other reason, Despatch Bay may apply a storage charge for retaining the Shipment at the Third Party’s premises and shall be allowed a reasonable time to deliver the Shipment once the school or institution re-opens.
    6. When a collection or delivery takes place at the customer's premises the Third Party Courier shall not be under any obligation to provide any plant, power or labour which, apart from the Third Party Courier's servant, may be required for loading or unloading at such premises.
    7. Any Shipment (or part thereof) requiring special appliances for loading and/or unloading is accepted for carriage only on condition that such appliances are available at the relevant collection and/or delivery points.
    8. Where such special appliances are not available as aforesaid and if the Third Party Courier agrees to load or unload such Shipment (or part thereof) the Third Party Courier shall be under no liability whatsoever to the customer for any damage however caused in the course or as a result of loading/unloading such Shipment without such special appliances, whether or not by the negligence of the Third Party Courier or its servants or agents, and the customer shall save harmless and keep the Third Party Courier indemnified against any claim or demand arising out of such loading or unloading.
  6. CHARGES & SURCHARGES

    1. International Shipments

      1. International Shipments are either charged for on a weight, size volume basis calculated by the international shipping label production system or delivered from a customer support agent. In certain circumstances rates may be offered on a flat box rate within a set gauge.
      2. Despatch Bay has the right to charge Surcharges against shipments based on the schedule of Surcharges in the Client account.
      3. Surcharges are taken from the Clients credit balance and detailed in the Clients history. If the Clients account has insufficient funds or is a PAYG client, then Despatch Bay are authorised to top up the account to cover any shortfall. Minimum top up amounts apply.
      4. The Client, by entering the weight and dimensions of a Shipment(s) is pre-paying for the delivery charges. If the Shipment(s) are heavier or larger than the declared weight and dimensions, the additional weight or volume will be charged to the Client account retrospectively as per the Charges schedules.
      5. Some areas are subject to a Remote Area Surcharge. This will be calculated in the quoting system at the time of booking.
      6. Any customs charges will be charged additionally should they arise. It is the Clients responsibility to ensure all the appropriate customs and clearance paperwork is available on the parcel for the receiving customs authority. Shipments may be held by customs or Third Party until duties are paid.
      7. Some Services are subject to a re-delivery charge. Please ensure that that the receiver is in to accept the delivery or an additional charge will be levied on each delivery attempt.
    2. Domestic

      1. Domestic shipments are charged for on a flat box rate based on Clients profile.
      2. Despatch Bay has the right to charge Surcharges against shipments when a Shipment encounters specific events. Charges are based on the schedule of Surcharges in the Client account or as advertised.
      3. Surcharges are taken from the Clients credit balance and detailed in the Clients history. If the Clients account has insufficient funds or is a PAYG client, then Despatch Bay are authorised to top up the account to cover any shortfall. Minimum top up amounts apply.
      4. The Client agrees to send Shipments within gauge. Parcels sent out of service Gauge will incur a Surcharge.
      5. Gauge is determined by the Service descriptions in the Client account.
    3. Despatch Bay reserves the right to amend a clients Charges and Surcharges without prior notice.
    4. Despatch Bay operates for all balance holding clients (unless separately agreed) a dynamic pricing model. Charges are based on the Clients declared Shipping volume with Despatch Bay. If a Client exceeds this volume, the rates will automatically be reduced at the end of the first complete shipping month in line with the new volume. Likewise, if the volume is less than that declared, Despatch Bay will automatically increase the Clients rates in accordance to the actual volume shipped.
  7. REFUNDS

    1. Credits are non refundable, expiring face value vouchers.
    2. For credit balance holding clients a full or partial refund of used credit back to the Clients credit balance may be eligible under the following circumstances:
      1. If a guaranteed Service was used and the Shipment failed to meet an initial attempted delivery within the guaranteed Service time frame.
      2. If a collection fails and the Client cancels the shipment prior to printing the Driver Manifest.
    3. For PAYG clients a full or partial refund may be eligible under the following circumstances:
      1. If a guaranteed Service was used and the Shipment failed to meet an initial attempted delivery within the guaranteed Service time frame.
      2. If a collection fails and the Client cancels the shipment prior to printing the Driver Manifest.
  8. EXCLUSIONS

    1. It is the Client’s responsibility to ensure that all Shipment details are correctly completed and displayed on the correct parcel. Despatch Bay provide automated postcode look-ups and automated labels to assist in the prevention of errors with addresses.
    2. Despatch Bay is not an order management solution and should not be used as such. It is entirely the Client’s responsibility to ensure the correct labels are used for Shipments.
    3. Despatch Bay cannot guarantee to stop any item once in transit, although we will endeavour to do so if requested.
  9. CLAIMS

    1. No claim, credit refunds or subsequent claims will be made if a Shipment is sent where the Shipping Label was incorrect or placed on the incorrect parcel. It is not the Third Party or Despatch Bay’s responsibility to check this information.
    2. No claim can be made for a Prohibited or Restricted Shipment. Please see the relevant schedules.
    3. No claim can be made for a Yodel Shipment where only a Shipment Data Received scan is present.
    4. If the outside packaging is intact, any claim for damage to the Shipment will be invalidated as the internal packaging would not have been sufficient to protect the product.
    5. In the case of a Claim for damage, the damaged item together with all packaging must be kept until the claim is concluded as more photographs or inspection of the item may be necessary. If the damaged item and/or packaging are not kept the claim will be invalidated.
    6. Photographs of the internal and external packaging as well as the damaged item must be supplied to start a claim.
    7. A Recipient of a damaged parcel should sign for a Shipment as "damaged" if this is the case. If a Shipment is signed and accepted as in good condition, you will not be able to proceed with a claim. If the recipient is unable to check whilst the driver is present, please sign for goods as "unchecked". Clients must advise this to Recipients.
    8. No claim can be made for a Shipment that has been requested to be returned but then delivered to the receiver.
  10. LIABILITY

    1. The user of Despatch Bay ordering the Shipment is responsible for the information entered. Despatch Bay will not be held responsible for wrong information that is entered and any delay this may cause. No refunds will be given in this instance.
    2. The Client pays for the Shipment charges. Despatch Bay are not liable for any additional charges which may arise and these will be charged directly to the clients account.
    3. Liability is limited to the negligence of the Third Party Courier. Such liability is further limited to the direct loss suffered by the Client who placed the order with Despatch Bay only, to the covered maximum of the Service, not the receiver of the goods.
    4. Despatch Bay will accept no liability for any Prohibited/Restricted Shipment that is sent through our services and subsequently damaged or lost. No claim can be made for a Prohibited/Restricted Shipment as they are either excluded from our services or as in both cases sent at the sender's risk.
    5. Loss or damage under the following conditions will not be covered:
      1. Acts of God;
      2. Consequences of war;
      3. Insufficient packaging/incorrect labelling;
      4. Prohibited/Restricted Shipments - listed in the attached schedule.
    6. Despatch Bay will deal with the person who placed the order only.
    7. Liability is restricted to the shipment cost of the item only and to the covered value of the Shipment if a claim is raised. We will not be liable for any claim for loss of profit, use, breach of contract, loss of revenue, administrative inconvenience, disappointment or indirect, incidental financial or consequential loss or damage arising out of, or in relation to the service you ordered.
    8. Total liability to you in all respects and for any type of loss, cost or damage however so arising will be limited per Shipment unless you have purchased additional transit cover through us, with a limit of liability which will be the cover purchased at the time of ordering.
    9. Nothing in this agreement shall be deemed to limit or exclude Despatch Bay's liability for fraud or for death or personal injury caused by Despatch Bay's negligence or to the extent otherwise not permitted by law, excluding: 9.j.
    10. The Client will indemnify Despatch Bay in respect of any liability to demands, claims, fraud or for death or personal injury where the liability falls with the Third Party.
    11. The Client will indemnify Despatch Bay in respect of all claim demands, damages, liabilities, costs or expenses incurred by Despatch Bay or Despatch Bay's employees, agents or sub-contractors in relation to any claims by third parties arising in connection with this agreement, or as result of Despatch Bay providing services, which are in excess of the liability of Despatch Bay under this agreement.
    12. Any claim must be brought to us within 28 days of the despatch date for Yodel claims, and within 30 days of the dispatch for Parcelforce claims. Claims will be submitted by Despatch Bay to the Third Party for consideration for compensation. Despatch Bay are not insurers and merely act on the Clients behalf. Despatch Bay do not hold any responsibility for the Third Party procedure.
  11. SEVERABILITY

    1. If any part of these Terms and Conditions are found to be unenforceable as a matter of law, the enforceability of any other part of these Terms and Conditions will not be affected.
  12. GOVERNING LAW

    1. These Terms and Conditions and any contract between the parties shall be governed by and interpreted in accordance with English Law and the English Court shall have jurisdiction over any disputes.
  13. STATUTORY RIGHTS

    1. These Terms and Conditions are in addition to your Statutory Rights as a consumer which remain unaffected. The Contract (Rights of Third Parties) Act 1999 shall not apply to this agreement.
  14. PAYMENT

    1. All prices quoted on Despatch Bay website are in Despatch Bay Credits. One credit is equivalent to one pound sterling (excluding VAT).
    2. The clients shall be paying for the shipping charges on a face value voucher basis in the form of non refundable credits. Credits, if not used will expire after six months, extensions may be approved upon request. Oldest credits are always used first.
    3. Each Shipment and or Surcharge will reduce credits automatically, provided there is sufficient credit. Under certain circumstances a client’s balance may temporarily fall into a negative balance. The account will remain inactive until such a time as a positive credit balance is restored.
    4. The Company may enforce a minimum credits top up amount.
    5. Clients can buy credits via various payment methods, not limited to credit cards, debit cards, PayPal, BACS and cheques.
    6. Clients paying by BACS or cheque must allow sufficient time for funds to clear before being applied to the client account.
    7. Despatch Bay may accommodate Clients on a credit account basis based on successfully satisfying financial checks and supply of trade references. In such cases, if any part of these Terms and Conditions are found to be unenforceable as a matter of law, the enforceability of any other part of these Terms and Conditions will not be affected.
    8. The client shall pay to the company all sums when due immediately and without reducing or deferment on account of any claim, counter claim or set-off.
    9. The costs in credits of carriage and other services are set out in the Service rates and charges are due prior to any shipment being made. Any additional charge levied to Despatch Bay by the Third Party will be deducted from the client account without prior notice in accordance with the Surcharges and as hereby agreed. Any client with a negative account balance agrees that the Company has the authority to re-credit their account. The minimum top up applies.
    10. Late payment of Commercial Debts (Interest) Act 1998 as amended shall apply to all sums overdue from the client.
    11. Any credit balance remaining on a client account is strictly non-refundable.
    12. It is the client’s obligation to ensure an account has sufficient funds to action the specified shipment orders.
    13. Despatch Bay has the right to levy any additional charges to a client account without client authorisation as per the surcharge schedule and service rates.
    14. During any week in which the fulfilment of this agreement would require Despatch Bay to perform the services described herein on a bank or other public holiday the company shall be entitled to make a reasonable, extra charge to reflect any additional costs thereby incurred by the company.
  15. CLIENT INTEGRATION

    1. API

      1. Despatch Bay provides an API, free of charge, to all clients.
      2. The Despatch Bay API is provided without any express or implied warranty.
      3. Despatch Bay retains the right to retire versions of the API and/or launch new versions of the API at any time. Despatch Bay will provide notice of any retirement in good time so as to facilitate continued operation of client integrations. This will be referred to as the ‘sunset’ period.
      4. Clients must not use the API for address validation except to aid in the production of shipments within Despatch Bay.
      5. Despatch Bay is not responsible for developing, supporting or maintaining client or other Third Party integrations with the Despatch Bay API.
      6. Despatch Bay is not liable for any loss or damage caused should the API be unavailable. Client integrations should make provision for the storage and forwarding of API requests in the event of the service being temporarily unavailable.
      7. Use of the Despatch Bay API is fully monitored and Despatch Bay reserve the right to revoke API access where necessary.
    2. PDF Labels Web Service

      1. Despatch Bay provides an PDF Labels Web Service, free of charge, to all clients.
      2. The PDF Labels Web Service is provided without any express or implied warranty.
      3. Despatch Bay retains the right to retire versions of the the PDF Labels Web Service and/or launch new versions of the service at any time. Despatch Bay will provide notice of any retirement in good time so as to facilitate continued operation of client integrations. This will be referred to as the ‘sunset’ period.
      4. Despatch Bay is not responsible for developing, supporting or maintaining client or other Third Party integrations with the PDF Labels Web Service.
      5. Despatch Bay is not liable for any loss or damage caused should the PDF Labels Web Service be unavailable. Client integrations should make provision for the storage and forwarding of service requests in the event of the service being temporarily unavailable.
      6. Use of the PDF Labels Web Service is fully monitored and Despatch Bay reserve the right to revoke access where necessary.
    3. eBay

      1. Clients can link their eBay account with Despatch Bay to automatically download shipping addresses for completed sales.
      2. The Despatch Bay eBay service is provided without any express or implied warranty.
      3. Despatch Bay is not liable for any loss or damage caused should the Despatch Bay eBay service become unavailable.
      4. The Client authorises Despatch Bay to store shipping and order details of sales for the sole purpose of shipping activities between the client and their customer.
    4. SalePack

      1. Despatch Bay will endeavour to maintain and support the SalePack and Despatch Bay integration.
      2. Despatch Bay has the right to retire versions of the SalePack/Despatch Bay integration.
      3. Despatch Bay or associated companies are not liable for any loss or damage caused due to the SalePack/Despatch Bay integration becoming unavailable.
  16. VARIATION ETC.

    1. No variation, extension or cancellation of the expressed terms of this agreement shall be binding upon Despatch Bay unless and until it is confirmed in writing by a Director of Despatch Bay, and for the avoidance of doubt, it is declared that no person other than such a Director has authority to negotiate or enter into any commitment on behalf of the company the effect of which would or might (for this present clause) involve Despatch Bay in any legal liability whatsoever.

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