Terms and Conditions

Last updated August 10th 2022.

COMPANY DETAILS

Company

Urb-it UK Ltd, a division of Urb-it AB (Publ) (the "Company")

Registered number

09999823

Address

24 Old Queen Street, London, United Kingdom, SW1H 9HP

OVERVIEW

  1. This document sets out Company's Terms and Conditions which apply to the Services.  These Terms and Conditions, together with each Statement of Work entered into between Company and Customer form a legally binding agreement (the "Agreement").
  2. The Statement of Work prevails over these Terms and Conditions where inconsistent (for example regarding delivery times and process).
  3. By using the Services, Customer agrees to be legally bound by this Agreement.  These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate.

TERMS AND CONDITIONS

1. Definitions

1.1 Defined terms used in this Agreement are set out in the Schedule, which also includes some rules as to how the Agreement should be interpreted.


2. Services

2.1 The Company will perform the Services as set out in the Statement of Work. This will include the receipt at the Company Location or the collection by the Company from the Customer Location, of Parcels and/or Pallets, the processing and storage of Parcels and Pallets at the Company Location, and the subsequent delivery of Parcels to the Delivery Addresses and Collection Locations.  

2.2 The Company is not a common carrier, and may refuse to accept a Parcel or Pallet at its total discretion. The Company only accepts goods for carriage and/or storage in accordance with this Agreement.

2.3 The Customer shall be responsible for obtaining, at its own expense, all necessary licences, permits and consents (including import and/or export licences, permits and customs and other consents) required to enable the transportation and delivery of Parcels in accordance with this Agreement. The Customer shall be responsible for all Parcels and Pallets including where it is not the owner of the Parcels and Pallets, and will indemnify the Company against any losses incurred as a result of any third party claim(s) brought against the Company by any person alleging to own the Parcels or Pallets.

2.4 Delivery Addresses cannot include PO Boxes or BFPO numbers.

2.5 The Company may impose additional restrictions or require additional documentation or information for certain deliveries, and the Customer acknowledges that regulatory and customs clearances may be required for certain goods, which may extend the transit time and may delay delivery. Company shall not be liable for any delays in performing the Services as a result of such requirements.  

2.6 When receiving or collecting Parcels or Pallets the Company may scan them to evidence receipt or collection.  The Company shall, if so required, sign a document prepared by the Customer acknowledging receipt or collection but neither the Company's scan nor the Customer document shall be evidence of the condition or correctness of a declared nature, quantity or weight of the goods at the time received by the Company.

3. Excluded Goods

3.1 The Company is not obliged to accept, collect, store, carry or deliver any Excluded Goods. Where the Company collects or is provided any such goods it will return them to the Customer at the Customer's cost, without liability.


4. Age verification

4.1 The Company will not carry out any age verification upon delivery of any Parcel save where expressly stated in the Statement of Work, and it is the Customer's responsibility to ensure sufficient age verification checks are undertaken for each delivery.


5. Customer obligations

5.1 The Customer will ensure that:

(a) all Parcels will be appropriately and safely packaged and labelled for the intended delivery and/or storage to ensure that the Parcels will not be lost or damaged whilst being transported, or cause injury or damage to any person or any property or other goods;

(b) where Parcels and/or Pallets are to be collected by the Company, the Customer will make them available at the Customer Location at the specified time separate from all other goods held by the Customer and mark them so that they remain readily identifiable as the goods to be collected by the Company, and will provide any plant power or labour required by the Company in connection with their collection, and where Parcels are to be delivered to the Company, the Customer shall do so at the specified time;

(c) all Parcels include full address details (including postcode) of the Delivery Address and name of Recipient, as well as the sender of the Parcel;

(d) it pays in full all Duties and Taxes and all goods included in Parcels comply with all applicable laws including export and import control regulations (such as regards dual-use goods);

(e) it has taken all steps necessary to ensure that it is able to share with the Company any Personal Data included in delivery details and that the Company's processing of such Personal Data in order to perform the Services will comply with section 16 below, and not contravene any Data Laws;

(f) the Customer is either solely beneficially entitled to the goods included in all Parcels or has the authority of all those interested in the goods to enter into and perform this Agreement;

(g) it is either the exporter of the goods, or the duly authorised agent of the exporter of the goods, included in all Parcels and will ensure the accuracy and completeness of all information supplied to the Company; and

(h) it accurately provides to the Company the weight and dimensions of each Parcel and all other information and data reasonably required by the Company in relation to each Parcel.

5.2 The Company shall not be liable for any failure or delay in the Services to the extent caused by any failure on the part of the Customer to comply with the above obligations or any other terms of this Agreement, and the Company may (at its option) apply additional charges and hold the goods pending payment, or return them to the Customer.

5.3 The Company may impose additional charges at the rates set out in the Statement of Work for any wasted journeys made in attempting to deliver the goods as a result of any failure on the part of the Customer to comply with the above obligations or any other terms of this Agreement.


6. Delivery and returns process

6.1 The Company shall commence performing the Services for each Parcel when it is collected by or delivered to the Company.  For deliveries, the Services will be complete in relation to each Parcel when it is delivered to the Delivery Address (including being left in a safe place or delivered to a concierge), or to a Neighbour, or as set out in section 6.2.  For returns, the Services will be complete in relation to each Parcel when it is collected from the Delivery Address, Neighbour or Collection Location and made available for the Customer to collect from the Company Location.

6.2 In respect of deliveries, when the Parcel is not delivered in accordance with section 6.1:

(a) the Company may hold the Parcel at a depot for collection following attempted delivery, and the Services will be complete once a person authorised on the Recipient's behalf collects the Parcel from the depot; or

(b) the Company may deliver the Parcel to a Collection Location for collection following attempted delivery, and the Services will be complete once a person authorised on the Recipient's behalf collects the Parcel from the Collection Location,

and the Services shall also be deemed to have completed if the Parcel is not collected within a reasonable time, after which it shall be held solely at the Customer's risk and subject to disposal at the Company's discretion (and the same shall apply in respect of returns when the Customer does not collect the Parcel within a reasonable time).

6.3 Where the Company is unable to deliver to the Parcel in accordance with section 6.1, the Company will endeavour to contact the Customer and request a new Delivery Address.

6.4 Effective delivery may be evidenced by a photograph or scan of the Parcel at a Delivery Address or a signature confirming delivery from the Recipient or a person authorised on their behalf, a resident at the Delivery Address or a Neighbour.

6.5 For the avoidance of doubt the above process applies subject to the Statement of Work which takes priority (e.g. as to number of delivery attempts, and time periods).


7. Termination

7.1 The Agreement runs for an initial period of 12 months from signature of the Statement of Work, and then automatically renews save where either party gives at least 30 days written notice to terminate prior to the end of the relevant 12 month period. During each 12 month period, either party may terminate this Agreement by giving the other written notice if:

(a) the other materially breaches any term of this Agreement and it is not possible to remedy that breach;

(b) the other materially breaches any term of this Agreement and it is possible to remedy that breach, but the other fails to do so within 30 days of being requested in writing to do so;

(c) the other becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed,  or an order is made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets (which is not discharged, paid out, withdrawn or removed within 28 days), applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986, or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so; or

(d) the other is delayed in performing its obligations under this Agreement under section 15 for a period of 60 days or more.

7.2 The Company may terminate this Agreement by giving the Customer written notice if the Customer:

(a) materially fails to use the Services for any volume of deliveries and/or returns set out in the Statement of Work; or

(b) fails to make any payment when due after having been given written notice it is due, or persistently fails to make payment when due; or

(c) is in persistent or repeated breach of any of its obligations under this Agreement (whether or not it is the same obligation that is breached and whether or not such breaches are remedied).

7.3 Without prejudice to its other rights and remedies under this Agreement, there the Company has a right to terminate this Agreement it may suspend performance of its obligations instead.

7.4 When this Agreement is terminated the Company may make available for collection or return all undelivered Parcels to the Customer at the Customer's cost (and will dispose of them if not collected within a reasonable time).

7.5 Termination of this Agreement for any reason will not affect any accrued rights or liabilities which either party may have by the time termination takes effect, or the coming into force or the continuation in force of any of its provisions that expressly or by implication are intended to come into force or continue in force on or after termination.  


8. Charges

8.1 The Customer shall pay the Charges as set out in the Statement of Work.  The Charges may be based on a specific projected volume of deliveries and/or returns which will be set out in the Statement of Work, and the Company reserves the right to adjust the level of the Charges where any such volumes are not hit.

8.2 The Company may require payment from the Recipient for additional services such as switching address or timing.

8.3 The Company reserves the right to re-weigh and/or re-measure Parcels and charge accordingly based on the actual weight and/or dimensions.

8.4 Where the Charges are paid by a credit or debit card the Company may impose a processing charge of 2% in addition.

8.5 The Company may increase the Charges by giving to the Customer not less than 30 days' prior written notice.

8.6 Where the Company pays any third party any Duties and Taxes in respect of any Parcel it shall do so on the sole basis that in doing so it is acting as the Customer's fully authorised agent, the Customer shall repay to the Company such costs in full (whether or not delivery is made).

8.7 Unless otherwise expressly provided in this Agreement, all amounts referred to in this Agreement are exclusive of value added tax ("VAT") or other applicable sales tax which, where chargeable by the Company, shall be payable by the Customer at the rate and in the manner prescribed by law.

8.8 The Company shall invoice the Customer for the Charges due in accordance with this Agreement.  The Customer must pay each invoice within 14 days of the invoice date.  The Customer must pay each invoice, in full, by the due date for payment, without deduction, set off or withholding of any kind.  


9. Liability

9.1 Subject to this section 9 the Company shall be liable for any loss of or damage to goods during transit and storage by the Company save to the extent that such loss or damage has arisen from:

(a) any breach of this Agreement by, or any other act or omission of, the Customer or anyone acting on its behalf;

(b) the Recipient not taking or accepting delivery, or collecting the goods, within a reasonable time;

(c) the Company carrying Excluded Goods;

(d) any special handling requirements in respect of the goods which have not been notified to the Company;

(e) inherent liability to wastage, latent or inherent defect, vice or natural deterioration of the goods, wear and tear, depreciation, moths, vermin, or the effect of any process of cleaning, dyeing or restoring any article;

(f) any delay in providing the Company with safe and adequate access and/or collection or delivery instructions;

(g) seizure under legal process, any other acts or omissions of any customs office, governmental bodies or other regulatory agencies, and any observance by the Company of rules and regulations and decisions and orders issued by customs, governmental bodies and regulatory agencies; or

(h) defect of any equipment supplied by the Customer;

9.2 Any specific timescales for delivery and/or collection which the Company gives are on a best efforts basis only.  Where the Company delivers any Parcel after the time specified in the Statement of Work, the Customer's sole and exclusive remedy for any losses (whether in contract, tort, negligence or otherwise and howsoever arising) shall be a reduction in the Charges payable to the Company so as to reflect the Service actually received.  Also, timely performance of the Services is dependent on the Customer complying with its obligations in respect of injection of Parcels into the Company's infrastructure.

9.3 Subject to this section 9 the Company's liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of or damage to any goods or any delay or failure to deliver or return a Parcel and/or for any other matter (howsoever arising) arising in connection with a Parcel shall be limited to the production costs of the relevant goods (where Company is the producer) or the purchase costs of the goods by the Company otherwise, always limited to €100 per Parcel or € 1000 per Pallet.

9.4 Subject to the terms set out in this section 9, the Company's total liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for any loss or damage arising in connection with this Agreement shall be limited to the lesser of €10,000 or 100% of the total charges paid by the Customer in connection with Services performed in the 6 month period immediately preceding the act or omission giving rise to the liability.

9.5 The Company shall not be liable (whether in contract, tort, conversion, negligence or otherwise and howsoever arising), for any loss of profit, revenue or sales, or for any indirect or consequential loss.

9.6 Nothing in this Agreement shall limit or exclude the Company's liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or for fraud or fraudulent misrepresentation or for any other matter for which it is unlawful to exclude or limit liability.

9.7 The Customer must notify the Company of any loss or damage giving rise to a claim within 14 days of the required date of the relevant delivery, providing all evidence supporting such claim within 28 days, and if the Customer fails to do so, the Company shall not be liable for any loss or damage.  

9.8 For claims for damage to goods the Customer must ensure that the goods and their packaging are held for inspection at the Delivery Address, and must provide photographic evidence.

9.9 In the event of a claim for loss the Customer must complete, or procure that the Recipient completes, a denial of receipt letter upon the Company's request.

9.10 In any event, any claim made by the Customer must be made within one year from the date of despatch.

9.11 In the event that an allegation or determination is made that there has been a transfer of any employment or engagement of any Customer Personnel or any liability relating to any Customer Personnel to the Company or any of its affiliates, whether pursuant to any Transfers Legislation or otherwise, the Customer shall indemnify, defend and hold harmless the Company and its affiliates against all losses that it and they suffers or becomes liable for however arising as a result of or in connection with the employment or engagement of such Customer Personnel, the termination of such employment or engagement by the Company or any of its affiliates , and/or any claim by any individual, trade union, works council, staff association or other representative person or body (whether or not elected) in respect of any obligation under any Transfers Legislation. The Company or its relevant affiliate shall have the right to defend, conduct and/or settle any claim for which it is indemnified by the Customer under this section 9.11. provided that, prior to any settlement, it shall first seek the consent of the Customer, which consent shall not be unreasonably withheld or delayed.


10. Indemnity

10.1 The Customer shall indemnify the Company fully for Duties and Taxes and any other costs, expenses or customs fees (including any surcharges, additional fees for customs clearance, administrative or storage costs) incurred by the Company in conveying goods on behalf of the Customer including without limit, those in the importing country or for any failure to export goods which have been zero-rated for the purposes of VAT (or similar tax or duty) or to comply with any conditions relating to importing or exporting zero-rated goods.  For the avoidance of doubt, Company is not obliged to incur any such costs and Customer's failure to pay them itself in advance as required may impact performance of the Services (for which the Company will not be liable).

10.2 The Customer shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with:

(a) any negligent act or omission of the Customer;

(b) the carriage of Excluded Goods;

(c) third party claims in respect of loss of or damage to goods carried by the Company under this Agreement;

(d) any duties or taxes payable on goods carried for the Customer (including Duties and Taxes), and any claims made or penalties imposed by local and/or foreign Tax & Customs Authorities;

(e) any inaccurate or false information supplied to the Company by the Customer which relates to the Customer and/or the goods comprised in any Parcel or Pallet; and

(f) any liability incurred by the Company in connection with the Company acting as an agent on the Customer's behalf in accordance with this Agreement.


11. No reliance

11.1 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in this Agreement.


12. Subcontracting

12.1 The Company may subcontract any of its duties and/or obligations under this Agreement providing it remains liable for them.


13. Anti-bribery and sanctions

13.1 It is a condition of this Agreement that, in pre-contract negotiations and in the exercise of its rights or the performance of its obligations under this Agreement, each party shall at all times ensure that it complies with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption, including the Bribery Act 2010 ("Anti-bribery Laws") and that it does not commit (or procure the commission of) any breach of any Anti-bribery Laws or do anything which would cause any other party to commit an offence under any Anti-bribery Laws.


14. Force Majeure

14.1 Neither party will be liable to the other for any failure or delay in performing its obligations under this Agreement which arises because of any circumstances which it cannot reasonably be expected to control (which shall include act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving personnel of the Company or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or breakdown in machinery, or interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing, but shall not include shortage or lack of available funds on the part of the Customer), provided that it:

(a) notifies the other in writing as soon as reasonably practicable about the nature and extent of the circumstances and likely effects;

(b) uses reasonable efforts to mitigate the effects of the circumstances so as to minimise or avoid any adverse impact on the other; and

(c) uses reasonable efforts to resume performance as soon as reasonably practicable.


15. Customer data

15.1 The Customer provides Personal Data of Recipients and other individuals to the Company in order for the Company to provide the Services. The Company shall be a Data Controller and the Customer shall be a separate Data Controller. Each party shall comply with its obligations under Data Laws.

15.2 The Company may share the Personal Data with its third party sub-processors for the purpose of providing or improving the Services.


16. Updates to these Service Terms

16.1 From time to time, Company may update these Terms and Conditions by giving Customer at least 14 days' written notice.


17. Intellectual Property Rights

17.1 All Intellectual Property Rights in any materials (including software) supplied by the Company to the Customer and in any methods of work and processes used by the Company in connection with this Agreement are and shall remain the exclusive property of the Company. Nothing in these Terms and Conditions shall imply any licence or other permission to use or reproduce any such materials, methods and processes save as expressly agreed in writing.

17.2 The Customer grants the Company and its' subcontractors a fully paid-up, worldwide, royalty-free licence to use the Customer's Intellectual Property Rights, including any relevant trade mark or logo, for the purpose of providing the Services.

17.3 The Customer undertakes that it shall not at any time disclose to any person any confidential information concerning the business (including, without limitation, its pricing, policies and procedures), affairs, customers, clients or suppliers of the Company or of any member of the group of companies to which the Company belongs. The Customer shall not use the Company's confidential information for any purpose other than to the extent necessary to receive the benefit of the Services.


18. General

18.1        All notices and consents relating to this Agreement must be in writing.  Notices  must be sent to the address of the recipient set out in this Agreement or otherwise notified by the relevant party in accordance with this Agreement.  Notices shall be sent by hand or by first class recorded delivery or registered post or other form of certified or registered mail (and sent by air mail if posted to or from a place outside the United Kingdom) or by email.

18.2 Unless the parties expressly agree otherwise in writing, if a party fails to exercise or delays exercising or only exercises partially any right or remedy provided under this Agreement or by law, or agrees not to exercise or to delay exercising any right or remedy provided under this Agreement or by law, then that party shall not be deemed to have waived and shall not be precluded or restricted from further exercising that or any other right or remedy.

18.3 Subject to section 16, all variations to this Agreement must be agreed, set out in writing and signed on behalf of both parties before they take effect.

18.4 Except to the extent that this Agreement expressly provides otherwise, nothing in this Agreement shall or is intended to create a partnership or joint venture between the parties, constitute one party as agent of the other or give either party authority to make or enter into commitments, assume liabilities or pledge credit on behalf of the other party.  Neither party may act as if it were, or represent (expressly or by implying it) that it is, an agent of the other or has such authority.

18.5 A person who is not a party to this Agreement shall not have any rights under or in connection with it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.6 This Agreement sets out all of the terms that have been agreed between the parties in relation to the subjects covered by it and supersedes all previous agreements between the parties relating to such subjects.  Provided always that nothing in this section 18.6 will operate to limit or exclude any liability for fraud or fraudulent misrepresentation, no other representations or terms shall apply or form part of this Agreement.  Each party acknowledges that it has not been influenced to enter this Agreement by, and shall have no right or remedy (other than for breach of contract) in respect of, anything the other party has said or done or committed to do, except as expressly recorded in this Agreement.

18.7 Any dispute or difference between the parties arising out of or in connection with this Agreement, its interpretation or subject-matter ("Dispute") shall be referred to the Chief Executive Officer (or equivalent officer) of each party and then, if still not resolved, to the Chairman (or equivalent officer) of each party.  If any such Dispute remains unresolved for a period in excess of 14 days from the date it was referred to the latter representatives (or such other period as the parties may agree), it will be resolved in accordance with clause 18.8.

18.8 This agreement is governed by English law.  Subject to clause 18.7, the parties submit to the [exclusive] jurisdiction of the English courts in relation to any Dispute. Nothing in this Agreement shall prevent any party, in cases in which interim, injunctive or declaratory relief is required, or where the right to issue proceedings would be prejudiced by the impending expiration of any applicable limitation period, from commencing proceedings and pursuing claims before a court of competent jurisdiction.


SCHEDULE – DEFINED TERMS

1. Definitions

"Charges" means the charges or prices set out in the Statement of Work.

"Collection Location" means a third party location, such as a local shop, which is close to the original Delivery Address or where the Company elects to deliver the Parcel to such a third party location in accordance with sections 8(c)(ii) and 8(f).

"Company Location" means one of the Company warehouses specified by the Company for each delivery or collection.

"Customer" means the person, firm or company that enters into a contract of carriage or a contract for other services with the Company.

"Customer Personnel" means the Customer's and its affiliates' officers, employees, workers, contractors and agents and/or those of its sub-contractors and suppliers and pervious suppliers (but not the Supplier).

"Customer Location" means on of the Customer warehouses specified in the Statement of Work.

"Dangerous Goods" means goods classified as dangerous goods by UNECE from time to time or by the IATA Dangerous Goods Regulations (DGR) or goods which present a comparable hazard. Dangerous Goods are also goods which can cause direct physical damage, are capable of causing injury to people or to their health or are physically dangerous to other goods.

"Data Controller" is defined under Data Laws.

"Data Laws" means, to the extent applicable to this Agreement, (i) the United Kingdom General Data Protection Regulation ("UK GDPR"), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the Security of Network & Information Systems Regulations 2018, all as amended and/or replaced, and in force from time to time, (ii) the General Data Protection Regulation 2016 (EU) 2016/679 and all other applicable laws and regulations relating to data protection and privacy, and (iii) all related statutory codes of practice and guidance issued by any relevant data protection authority.

"Delivery Address" means the address printed on the Parcel to which the Parcel is to be delivered.

"Duties and Taxes" means any duties, taxes, tariffs, levies, customs assessments, charges, penalties, interest and any other costs and expenses imposed by any domestic or international import or export authority in respect of a Parcel.

"Excluded Goods" means:

  1. Dangerous Goods;
  2. Hazardous or flammable goods;
  3. firearms (including imitation firearms or firearm components), bladed products or articles, cash, documents which can be exchanged for cash or goods or services (for example cheques, credit/debit cards, vouchers with a face value, event tickets), personally identifiable data (including prescriptions), personal effects, precious metals (including gold or silver items) with a value exceeding € 250, furs or any other valuables, body parts or human remains, living or dead animals, fish or birds, or any living organism of any type (including trees, or flowers shipped in liquid);
  4. any goods prohibited by the law or regulation of any government or public or local authority of any country where the goods are carried or goods that are destined for any country, company, organisation or individual that is subject to any applicable national or international export or import control or regulation, including any restrictive measure or embargo imposed in the framework of the programs of the United Nations or any other national or international program, any applicable national and international regulation against terrorism and money laundering, or comparable activities;
  5. any goods which require a licence or permit in order to transport or store and/or which are subject to import, export, or transportation restrictions imposed by the laws applicable in the country of expedition, dispatch, transit, destination, or otherwise;
  6. goods that require a declaration of value pursuant to Art. 24 CMR or the declaration of special interest in delivery pursuant to Art. 26 Paragraph 1 CMR or goods that require a declaration of value or a declaration of a special interest in delivery pursuant to Art. 22 Warsaw Convention/Art. 22 Montreal Convention;
  7. any goods which require temperature-controlled transport; or
  8. any other goods which are prohibited by the Company from time to time.

"Intellectual Property Rights" means patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

"Neighbour" means a person who lives or works in a property within 50 metres walking distance of the Delivery Address.

"Pallet" means a pallet of multiple Parcels.

“Parcel" means an item which (i) weighs [no more than 5 kgs, (ii) where the longest side (defined as the length, width or height) is no longer than 50 cm, and (iii) where the volume does not exceed 0,0196 m³. Parcel exceeding one or more of these restrictions shall be defined as  “Oversize” parcels and may be refused or incur additional charges.

"Personal Data" is defined under Data Laws.

"Recipient" means addressee printed on the Parcel to whom the Parcel is to be delivered.

"Services" means the delivery, returns and storage services offered by the Company as set out in the Statement of Work.

"Statement of Work" means the statement of work entered into between the Company and the Customer.

"Transfers Legislation" means any applicable regulations or legislation that require or operate to transfer the employment or engagement of any Customer Personnel to the Company or its affiliates at any time after the Effective Date, any rules or regulations implementing Council Regulation 2001/23/EC, and any other laws or regulations (in any jurisdiction and whether inside the European Union or not) analogous to any of the foregoing or relating to the automatic transfer of employment or employment-related liabilities (including the Transfer of Undertakings (Protection of Employment) Regulations 2006).

2. Interpretation

In this Agreement (including the introduction and schedules) unless the context otherwise requires, reference to a person includes a legal person (such as a limited company) as well as a natural person, references to clauses or schedules shall be to those in this Agreement, clause headings are for convenience only and shall not affect the construction of this Agreement, reference to "including" or any similar terms in this Agreement shall be treated as being by way of example and shall not limit the general applicability of any preceding words, and reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.

Terms of Service

Last updated May 1st 2021.

Recitals

  • Urb-it London Ltd, Company registered under the number 09999823, having its registered office 24 Old Queen Street, London SW1H 9HP, United Kingdom (hereinafter, "Urb-it"). 
  • These Terms of Service govern the conditions in which Urb-it offers and allows the Merchants (as defined below) to use the Urb-it Business Portal or API to order Urb-it deliveries. Urb-it Couriers travel exclusively on foot and by public transportation, bicycle (or cargo-bicycle). 
  • Urb-it strives to conduct its business in accordance with the corporate environmental and social responsibility values which form a core part of its business model. Urb-it is a Certified B Corporation®.
  • These Terms of Service are applicable to services offered and performed by Urb-it in the United Kingdom according to the geographical scope defined by the Business Portal and API. 

1. Definitions

  • "API": an automated programming interface allowing the Merchant to systemise the ordering of Deliveries.
  • "Business Portal": intermediate platform (available at the following URL: www.business.urb-it.com) through which the Merchant can manually enter the information required to order a Delivery.
  • "Confidential Information": any information relating to the performance of the service, including, but not limited to, the pricing conditions applicable, the contact details and information relating to the Recipient, the hub, and any password associated with the use of the Business Portal or the API.
  • "Delivery": service performed by Urb-it including the pick-up of the Product(s) at the address specified by the Merchant through the Business Portal or API, its transfer and handing to the Recipient, and any other related services performed by Urb-it in view of delivering the Product(s) to a Recipient ("Deliver", "Delivered" and "Deliveries" shall be construed accordingly). 
  • "Merchant": a company or person that requests Urb-it's services to Deliver its Products via the Business Portal or the API.
  • "Price": an amount in GBP (excluding taxes) charged by Urb-it to the Merchant for the performance of a Delivery.
  • "Product": an object which is to be Delivered to the Recipient as requested by the Merchant via the Business Portal or API.
  • "Recipient": a person whose identity and address are provided by the Merchant and to whom the Product is to be Delivered.
  • "Specific Terms of Service": when applicable, the specific terms of service provided by Urb-it to the Merchant and signed by the parties.
  • An Urb-it Courier t courier that performs the urban Delivery of Products on behalf of the Merchant.

2. Shipping Policy

2.1. Our Couriers deliver in person and do not use motor-driven vehicles. Instead, our Urbers use the local public transport, bike and walk. 

2.2. The Products, including their packing, must not exceed a volume of zero point twenty five (0.25) cubic meter, a net weight of ten (10) kilogram and their maximum linear dimension must be less than one hundred (100) centimetres.

2.3. Urb-it does not deliver the following Products (this list is not intended to be exhaustive):

  • Animals and regulated species: Animals, prohibited seeds, plants or organisms in danger of extinction
  • Copyright media and software: Unauthorised copies of media, and other licensed or protected materials
  • Drugs: Illegal drugs, and drug accessories
  • Hazardous material or devices: Toxic, flammable, and radioactive materials and substances
  • Illegal/Stolen goods: Materials, products, or information promoting illegal goods or enabling illegal acts
  • Offensive goods: Materials that slander or defame or promote the slander or defamation of any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factor
  • Weapons: Firearms, ammunition, and other items including but not limited to firearms
  • Unauthorised goods: Replicas, imitations or counterfeits of designer or other goods

2.4. Urb-it performs Deliveries only to geographical areas accepted by the Business Portal or API at the time of creation of the order for Delivery by the Merchant. Urb-it reserves the right to refuse Delivery to certain addresses such as public institutions including, but not limited to, schools or University campuses.

2.5. In respect of Products which are prohibited to be sold, distributed to, consumed and/or used ("Use") by minors, the Merchant shall verify that the Recipient is of the age required by law for such use prior to procuring the services of Urb-it pursuant to these Terms of Service in respect of such Product.

2.6. If the Merchant fails to comply with the above requirements, Urb-it reserves the right to refuse Delivery without any liability.

2.7. For delivery of age restricted goods, Urb-it practice a Challenge 25 policy, wherein, if a recipient looks under 25, Urb-it will request that they present a relevant ID. Should no satisfactory ID be presented, Urb-it will not handover the delivery.

3. Ordering A Delivery

3.1. The Merchant shall access the Business Portal using the URL referred to in Article 1 or, as the case may be, shall set up an API interface, directly or through another party. It is the responsibility of the Merchant to provide, by manual entry or computer programming, all the information and contact details required to complete the Delivery. 

The following information is required by Urb-it to collect the Product at the Merchant's premises:

  • Address of collection of the Products, and when necessary with special instructions (access code, floor, etc..) to facilitate pick-up; 
  • The quantity and nature of the Products as well as their value or price; 
  • Where appropriate, the references of the Delivery order for the Merchant. 

The following information is required by Urb-it for Delivery:

  • Address of the Recipient, and when necessary with special instructions (access code, floor, etc..) to facilitate Delivery by the Courier;
  • Identity of the Recipient; 
  • Telephone number or email address of the Recipient. 

The Merchant shall ensure that the information entered is accurate, up-to-date and obtained lawfully.

3.2. The Merchant may select, depending on availability, the day of Delivery from one of the following three services: 

  • Delivery on the same day;
  • Delivery on the next day;
  • Delivery on a later, nominated day, within fourteen (14) days from the date of order creation.

For each of these Delivery services, the Merchant may choose one of the following options for the time of Delivery: 

  • At a time slot (“Slot”). In this case, Urb-it agrees to Deliver the Product within the time slot selected by the Merchant;
  • At a Specific time (“Specific”). In this case, Urb-it shall deliver the Product within five (5) minutes of the time displayed and available on the Business Portal or the API and selected by the Merchant;
  • For same-day Deliveries and from Business Portal only, the Merchant may choose the “Now” Delivery option. In this case, Urb-it shall deliver the Product as soon as possible subject to the availability of Couriers, as displayed or communicated via the Business Portal or API;

3.3. After validation of the collection and delivery information, the Delivery order is created. When the Delivery order is created the Merchant is deemed to have accepted the terms and conditions of these Terms of Service. Urb-it shall perform the Delivery upon confirmation of the Delivery order sent to the Merchant.  

3.4. The Merchant agrees to use the Business Portal or API for lawful purposes and in accordance with the specifications of the API documentation available on the website Urb-it: https://developer.urb-it.com/. Otherwise, Urb-it reserves the right to immediately suspend access to its services.

4. Performance Of A Delivery

4.1. Delivery tracking interface

Urb-it shall provide the Recipient with an interface for monitoring the Delivery in real time (sent via sms). 

The interface monitoring the Delivery which is made available to the Recipient may be disabled by Urb-it upon request from the Merchant.

4.2. Modification of a Delivery

Any request from the Merchant for modification of the Delivery details (delivery time or address) must be made at least two (2) hours before the initially scheduled Delivery time. 

This request must be made by telephone or e-mail to Urb-it's customer service at londonsupport@urbit.com, or by using the contact information provided by Urb-it and available on the Business Portal or the API.

If a modification is requested less than two (2) hours prior to the time of Delivery to the Recipient, Urb-it reserves the right to charge additional costs arising therefrom.

4.3. On-time Delivery

Urb-it shall strive to always Deliver on time in accordance with the option selected by the Merchant ("Slot", "Specific", "Now").

Urb-it undertakes to keep the Merchant and the Recipient informed of any delays as soon as possible in respect of the Delivery of the Products.

4.4 Returns

If Products must be returned, for example as a result of a failed or refused Delivery to the Recipient, as contemplated in Appendix 1, Urb-it may:

  • Return the Products to the Merchant (provided that the Merchant's store, warehouse or point of sale is open during Delivery hours). In this case, any other Delivery of the same Products should be requested through the Business Portal or the API ;
  • If the Merchant's store, warehouse or point of sale is closed, retain the Products so that a new Delivery attempt may be made, subject to an additional fee being paid by the Merchant to Urb-it. Urb-it shall not be responsible for the condition of the Products if it is kept overnight as the Merchant is responsible for the preparation, packing and wrapping of the Products;
  • If none of the above options are possible, Urb-it shall be entitled to dispose of the Products after informing the Merchant.

4.5 Cancellations

The Delivery cannot be cancelled once it has been assigned to or accepted by a Courier. The Price remains fully payable for any cancellation made less than two (2) hours before the originally scheduled Delivery time.

4.6 Missing Items

In the event of Products missing from the Delivery order to the Recipient, the Merchant remains solely liable to the Recipient in connection with any claims arising therefrom and Urb-it shall have no liability to the Recipient and the Merchant in connection therewith.

No refund will be made for items missing at the time of Delivery if this is the result of a defect in Product packing by the Merchant.

If an additional service is required to Deliver the missing items, Urb-it shall be entitled to request payment of additional fees in relation to this new Delivery. 

4.7 Failures and incidents affecting Delivery

In case of lost Products, damaged Products or failed Delivery, Urb-it will take the actions set out in Appendix 1.

5. Data Protection

Urb-it processes personal data in accordance with the data protection regulations and as specified in its Privacy Policy.

6. Price - Payment

6.1. The Price is displayed on the Business Portal or by the API after a Delivery request is made at the time of the Delivery order, prior to its validation by the Merchant. 

6.2. Each month, Urb-it will send the Merchant a summary report of the Deliveries completed by the Couriers during the previous month. An invoice for all Deliveries made will be sent to the Merchant by Urb-it together with the Deliveries summary report.

6.3. Unless additional payment terms are agreed in writing between the parties and included in the invoice, any payment must be made no later than the fourteenth (14th) day of the invoice date. If payment is not made by the due date interest shall be charged on the late payment without notice and shall be payable without reminder. If payment is not made by the due date statutory interest (8% plus the Bank of England base rate) shall be charged on the late payment without notice and shall be payable without reminder.

6.4. In case of non-payment in accordance with Article 6.3, Urb-it reserves the right to suspend the Merchant's access to its service pending full payment of the outstanding sums.

6.5. The use of Urb-it's additional services (such as the use of an Urb-it urban hub or first-mile services) may be subject to the payment of additional fees as set out in the Specific Terms of Service. 

6.6. The Price is due by the Merchant even in the event that a Courier is unable to collect the Products from the Merchant or is unable to reach the Recipient and, in general, when the Delivery could not be completed due to acts or omissions beyond the control of Urb-it under the conditions specified in Appendix 1.  

6.7. Urb-it reserves the right to change the pricing conditions periodically. In such event, Urb-it will notify the Merchant of the change in pricing conditions at least one (1) month prior to the change coming into effect. 

6.8. The Price displayed on the Business Portal or communicated by the API is exclusive of tax. VAT at the rate of twenty percent (20%) shall be applied.

7. Liability

7.1. Notwithstanding the provisions set out in Article 4 but subject to Clause 7.2, Urb-it may be held liable for any damage to or loss of the Products provided that such damage or loss occurred during the Delivery period was not due to the acts of a third party, an act of force majeure or the negligence of the Merchant or the Recipient. 

7.2. For the purposes of this Article, force majeure shall include, but is not limited to, any errors or inaccessibility of telecommunications networks and infrastructures, general strikes, fire, flood, failure or malfunction of the Business Portal or API, restrictions on the circulation of persons ordered by an administrative or State authority.

7.3. Notwithstanding any other provision in these Terms of Services and the Specific Terms of Service (if any), the liability of Urb-it to the Merchant in connection with any damage to or loss of the Products or any delay in delivery thereof or any damage, loss or costs incurred by the Merchant in connection with services provided by Urb-it under these Terms of Service and the Specific Terms of Service (if any) will be limited to a maximum amount of one thousand pounds (GBP 1,000) per Delivery.

7.4. The implementation by Urb-it of any actions set out in Appendix 1 of these Terms of Service (for example dealing with failed Deliveries and incidents affecting a Delivery) shall not be interpreted as a waiver of the limit of liability set out in Article 7.2. 

7.5. Urb-it shall in no event be liable to the Merchant, and the Merchant undertakes to hold harmless and indemnify Urb-it against all claims made by the Recipient and/or third parties for (i) loss of profits, consequential losses, goodwill, anticipated profits, loss of contracts or data; (ii) losses resulting from acts or omissions of the Merchant, the Recipients or any other third party; (iii) any pure economic loss, costs, damages, special, indirect or consequential charges or expenses ; and (iv) any breach of any obligation if such breach results from an event beyond Urb-it's reasonable control (including but not limited to, failure or unavailability of telecommunications networks and failure or defects in the Merchant's software and systems, or restrictions on the circulation of persons ordered by an administrative or State authority).

7.6. It is exclusively the responsibility of the Merchant to provide and supply packing that guarantees the safety of the Courier and the protection of the Products (including withstanding the conditions of transport and the weather conditions that can reasonably be expected depending on the season) for the entire duration of the Delivery. Urb-it shall not be held liable for any loss, damage or delay that is attributable to a defect and / or inadequate preparation or packing of the Products in accordance with applicable regulations, rules the art and/or inherent defect of the Products. 

8. Claims

8.1. Any request for refund of the Price because of a late Delivery and any claim relating to the performance of a Delivery must be made within seven (7) days of the Delivery or the date initially planned for the Delivery and sent to claims@urbit.com. It is the responsibility of the Merchant to provide all information and documents in support of its claim (Delivery number, photos, invoices and any supporting documents). 

8.2. Claims relating to lost Products, damaged Products or failed Delivery shall be dealt with in accordance with Appendix 1. 

8.3. Claims will be accepted or rejected by Urb-it within two (2) working days of the date the claim is received by Urb-it. If a claim is accepted by Urb-it, the Price (or part thereof) will be refunded to the Merchant's account within thirty (30) days of the date of acceptance.

9. Intellectual Property

9.1. Urb-it and the Merchant respectively own or have the rights of use and/or all required licenses to use all intellectual property that they required in order to conduct their business.

9.2. Unless otherwise requested at londonsupport@urbit.com, the Merchant agrees: 

  • that the Urb-it logo shall appear on the Delivery monitoring interface sent to the Recipient; and
  • that Urb-it shall display the logo of the Merchant on its website and / or on other communication medium. 

10. Confidentiality

10.1. The Merchant agrees not to disclose to any third party any Confidential Information made available to it when subscribing to these Terms of Service and when using the services provided by Urb-it it in accordance with these Terms of Service (and the Specific Terms of Service, if any, to the extent applicable). Disclosure shall be permitted (to the extent required) when such disclosure is required by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

10.2. When the Merchant no longer uses the services provided by Urb-it, the Merchant shall return or destroy all Confidential Information that has been disclosed to it during the use of the services provided by Urb-it in accordance with these Terms of Service (and the Specific Terms of Service to the extent applicable).  

10.3. Urb-it shall not disclose any information in connection with the activities of the Merchant except where it is required to do so by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

11. Modification

Urb-it reserves the right to modify these Terms of Service. Urb-it will notify the Merchant by e-mail of any modification made to the Terms of Service at least one (1) month prior to the modified Terms of Service taking effect. 

12. Applicable Law And Dispute Resolution

These Terms of service are governed by the laws of England and Wales. 

In case of any dispute arising from the interpretation or enforcement of the Terms of service, Urb-it and / or the Merchant will attempt to find an amicable resolution. The Courts of England and Wales have exclusive jurisdiction. 

13. Miscellaneous

13.1. In case any provision in this Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

13.2. In the event of any conflict between these Terms of Service and the Specific Terms of Service (if any), the terms of the Specific Terms of Service shall prevail. 

13.3. A person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service, including any amendment or variation and the documents executed pursuant thereto.

13.4. If Urb-it on any occasion agrees to waive any such right, power or remedy, such waiver shall not in any way preclude or impair any further exercise thereof or the exercise of any other right, power or remedy.

13.5. These Terms of Services together with the Specific Terms of Service, if any, constitute the whole agreement between the Urb-it and the Merchant and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms of Services and the Specific Terms of Service (if any). The Merchant acknowledges that in entering into these Terms of Service and the Specific Terms of Services (if any) it has not relied on any warranty, representation or assurance (written or oral, express or implied) by Urb-it to these Terms of Service and the Specific Terms of Services (if any). Nothing in this Article shall limit or exclude liability for any representations made fraudulently. 

Appendix 1 - Actions In The Event Of Failed Delivery Or Incidents Affecting A Delivery

Conditions of refund in the event of an incident affecting a delivery

In the event of lost Product(s), damaged Product(s), or failed Delivery, and whenever reference is made to this Appendix in the Terms of Service, the following terms shall apply. 

Whenever reference is made to the refund of the Product in the tables below, such refund shall be made in accordance with the following conditions: 

  • If the actual value of the Product is known, and subject to the Merchant producing documentary evidence to Urb-its' reasonable satisfaction of the Product's actual value, the refund shall be equal to the price paid for the Product by the Merchant (excluding the Merchant's margin, mark-up or any profit element placed on the Product by the Merchant).
  • In the event of an unknown actual value of the Product, the refund shall be made up to 60% of the price (including tax) paid by the Recipient.
  • If no information on both the price paid by the Merchant and the price paid by the Recipient is available, the refund shall be GBP 10 per kilogram. 

Notwithstanding any other provision contained in these Terms of Service, the refund of the Product and the Delivery Price shall not exceed the limit set out in Article 7.2 of these Terms of Service.

Lost products

For lost Products, the following shall apply:

Terms of Service

Last updated May 1st 2021.

Recitals

  • Urb-it London Ltd, Company registered under the number 09999823, having its registered office 24 Old Queen Street, London SW1H 9HP, United Kingdom (hereinafter, "Urb-it"). 
  • These Terms of Service govern the conditions in which Urb-it offers and allows the Merchants (as defined below) to use the Urb-it Business Portal or API to order Urb-it deliveries. Urb-it Couriers travel exclusively on foot and by public transportation, bicycle (or cargo-bicycle). 
  • Urb-it strives to conduct its business in accordance with the corporate environmental and social responsibility values which form a core part of its business model. Urb-it is a Certified B Corporation®.
  • These Terms of Service are applicable to services offered and performed by Urb-it in the United Kingdom according to the geographical scope defined by the Business Portal and API. 

1. Definitions

  • "API": an automated programming interface allowing the Merchant to systemise the ordering of Deliveries.
  • "Business Portal": intermediate platform (available at the following URL: www.business.urb-it.com) through which the Merchant can manually enter the information required to order a Delivery.
  • "Confidential Information": any information relating to the performance of the service, including, but not limited to, the pricing conditions applicable, the contact details and information relating to the Recipient, the hub, and any password associated with the use of the Business Portal or the API.
  • "Delivery": service performed by Urb-it including the pick-up of the Product(s) at the address specified by the Merchant through the Business Portal or API, its transfer and handing to the Recipient, and any other related services performed by Urb-it in view of delivering the Product(s) to a Recipient ("Deliver", "Delivered" and "Deliveries" shall be construed accordingly). 
  • "Merchant": a company or person that requests Urb-it's services to Deliver its Products via the Business Portal or the API.
  • "Price": an amount in GBP (excluding taxes) charged by Urb-it to the Merchant for the performance of a Delivery.
  • "Product": an object which is to be Delivered to the Recipient as requested by the Merchant via the Business Portal or API.
  • "Recipient": a person whose identity and address are provided by the Merchant and to whom the Product is to be Delivered.
  • "Specific Terms of Service": when applicable, the specific terms of service provided by Urb-it to the Merchant and signed by the parties.
  • An Urb-it Courier t courier that performs the urban Delivery of Products on behalf of the Merchant.

2. Shipping Policy

2.1. Our Couriers deliver in person and do not use motor-driven vehicles. Instead, our Urbers use the local public transport, bike and walk. 

2.2. The Products, including their packing, must not exceed a volume of zero point twenty five (0.25) cubic meter, a net weight of ten (10) kilogram and their maximum linear dimension must be less than one hundred (100) centimetres.

2.3. Urb-it does not deliver the following Products (this list is not intended to be exhaustive):

  • Animals and regulated species: Animals, prohibited seeds, plants or organisms in danger of extinction
  • Copyright media and software: Unauthorised copies of media, and other licensed or protected materials
  • Drugs: Illegal drugs, and drug accessories
  • Hazardous material or devices: Toxic, flammable, and radioactive materials and substances
  • Illegal/Stolen goods: Materials, products, or information promoting illegal goods or enabling illegal acts
  • Offensive goods: Materials that slander or defame or promote the slander or defamation of any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factor
  • Weapons: Firearms, ammunition, and other items including but not limited to firearms
  • Unauthorised goods: Replicas, imitations or counterfeits of designer or other goods

2.4. Urb-it performs Deliveries only to geographical areas accepted by the Business Portal or API at the time of creation of the order for Delivery by the Merchant. Urb-it reserves the right to refuse Delivery to certain addresses such as public institutions including, but not limited to, schools or University campuses.

2.5. In respect of Products which are prohibited to be sold, distributed to, consumed and/or used ("Use") by minors, the Merchant shall verify that the Recipient is of the age required by law for such use prior to procuring the services of Urb-it pursuant to these Terms of Service in respect of such Product.

2.6. If the Merchant fails to comply with the above requirements, Urb-it reserves the right to refuse Delivery without any liability.

2.7. For delivery of age restricted goods, Urb-it practice a Challenge 25 policy, wherein, if a recipient looks under 25, Urb-it will request that they present a relevant ID. Should no satisfactory ID be presented, Urb-it will not handover the delivery.

3. Ordering A Delivery

3.1. The Merchant shall access the Business Portal using the URL referred to in Article 1 or, as the case may be, shall set up an API interface, directly or through another party. It is the responsibility of the Merchant to provide, by manual entry or computer programming, all the information and contact details required to complete the Delivery. 

The following information is required by Urb-it to collect the Product at the Merchant's premises:

  • Address of collection of the Products, and when necessary with special instructions (access code, floor, etc..) to facilitate pick-up; 
  • The quantity and nature of the Products as well as their value or price; 
  • Where appropriate, the references of the Delivery order for the Merchant. 

The following information is required by Urb-it for Delivery:

  • Address of the Recipient, and when necessary with special instructions (access code, floor, etc..) to facilitate Delivery by the Courier;
  • Identity of the Recipient; 
  • Telephone number or email address of the Recipient. 

The Merchant shall ensure that the information entered is accurate, up-to-date and obtained lawfully.

3.2. The Merchant may select, depending on availability, the day of Delivery from one of the following three services: 

  • Delivery on the same day;
  • Delivery on the next day;
  • Delivery on a later, nominated day, within fourteen (14) days from the date of order creation.

For each of these Delivery services, the Merchant may choose one of the following options for the time of Delivery: 

  • At a time slot (“Slot”). In this case, Urb-it agrees to Deliver the Product within the time slot selected by the Merchant;
  • At a Specific time (“Specific”). In this case, Urb-it shall deliver the Product within five (5) minutes of the time displayed and available on the Business Portal or the API and selected by the Merchant;
  • For same-day Deliveries and from Business Portal only, the Merchant may choose the “Now” Delivery option. In this case, Urb-it shall deliver the Product as soon as possible subject to the availability of Couriers, as displayed or communicated via the Business Portal or API;

3.3. After validation of the collection and delivery information, the Delivery order is created. When the Delivery order is created the Merchant is deemed to have accepted the terms and conditions of these Terms of Service. Urb-it shall perform the Delivery upon confirmation of the Delivery order sent to the Merchant.  

3.4. The Merchant agrees to use the Business Portal or API for lawful purposes and in accordance with the specifications of the API documentation available on the website Urb-it: https://developer.urb-it.com/. Otherwise, Urb-it reserves the right to immediately suspend access to its services.

4. Performance Of A Delivery

4.1. Delivery tracking interface

Urb-it shall provide the Recipient with an interface for monitoring the Delivery in real time (sent via sms). 

The interface monitoring the Delivery which is made available to the Recipient may be disabled by Urb-it upon request from the Merchant.

4.2. Modification of a Delivery

Any request from the Merchant for modification of the Delivery details (delivery time or address) must be made at least two (2) hours before the initially scheduled Delivery time. 

This request must be made by telephone or e-mail to Urb-it's customer service at londonsupport@urbit.com, or by using the contact information provided by Urb-it and available on the Business Portal or the API.

If a modification is requested less than two (2) hours prior to the time of Delivery to the Recipient, Urb-it reserves the right to charge additional costs arising therefrom.

4.3. On-time Delivery

Urb-it shall strive to always Deliver on time in accordance with the option selected by the Merchant ("Slot", "Specific", "Now").

Urb-it undertakes to keep the Merchant and the Recipient informed of any delays as soon as possible in respect of the Delivery of the Products.

4.4 Returns

If Products must be returned, for example as a result of a failed or refused Delivery to the Recipient, as contemplated in Appendix 1, Urb-it may:

  • Return the Products to the Merchant (provided that the Merchant's store, warehouse or point of sale is open during Delivery hours). In this case, any other Delivery of the same Products should be requested through the Business Portal or the API ;
  • If the Merchant's store, warehouse or point of sale is closed, retain the Products so that a new Delivery attempt may be made, subject to an additional fee being paid by the Merchant to Urb-it. Urb-it shall not be responsible for the condition of the Products if it is kept overnight as the Merchant is responsible for the preparation, packing and wrapping of the Products;
  • If none of the above options are possible, Urb-it shall be entitled to dispose of the Products after informing the Merchant.

4.5 Cancellations

The Delivery cannot be cancelled once it has been assigned to or accepted by a Courier. The Price remains fully payable for any cancellation made less than two (2) hours before the originally scheduled Delivery time.

4.6 Missing Items

In the event of Products missing from the Delivery order to the Recipient, the Merchant remains solely liable to the Recipient in connection with any claims arising therefrom and Urb-it shall have no liability to the Recipient and the Merchant in connection therewith.

No refund will be made for items missing at the time of Delivery if this is the result of a defect in Product packing by the Merchant.

If an additional service is required to Deliver the missing items, Urb-it shall be entitled to request payment of additional fees in relation to this new Delivery. 

4.7 Failures and incidents affecting Delivery

In case of lost Products, damaged Products or failed Delivery, Urb-it will take the actions set out in Appendix 1.

5. Data Protection

Urb-it processes personal data in accordance with the data protection regulations and as specified in its Privacy Policy.

6. Price - Payment

6.1. The Price is displayed on the Business Portal or by the API after a Delivery request is made at the time of the Delivery order, prior to its validation by the Merchant. 

6.2. Each month, Urb-it will send the Merchant a summary report of the Deliveries completed by the Couriers during the previous month. An invoice for all Deliveries made will be sent to the Merchant by Urb-it together with the Deliveries summary report.

6.3. Unless additional payment terms are agreed in writing between the parties and included in the invoice, any payment must be made no later than the fourteenth (14th) day of the invoice date. If payment is not made by the due date interest shall be charged on the late payment without notice and shall be payable without reminder. If payment is not made by the due date statutory interest (8% plus the Bank of England base rate) shall be charged on the late payment without notice and shall be payable without reminder.

6.4. In case of non-payment in accordance with Article 6.3, Urb-it reserves the right to suspend the Merchant's access to its service pending full payment of the outstanding sums.

6.5. The use of Urb-it's additional services (such as the use of an Urb-it urban hub or first-mile services) may be subject to the payment of additional fees as set out in the Specific Terms of Service. 

6.6. The Price is due by the Merchant even in the event that a Courier is unable to collect the Products from the Merchant or is unable to reach the Recipient and, in general, when the Delivery could not be completed due to acts or omissions beyond the control of Urb-it under the conditions specified in Appendix 1.  

6.7. Urb-it reserves the right to change the pricing conditions periodically. In such event, Urb-it will notify the Merchant of the change in pricing conditions at least one (1) month prior to the change coming into effect. 

6.8. The Price displayed on the Business Portal or communicated by the API is exclusive of tax. VAT at the rate of twenty percent (20%) shall be applied.

7. Liability

7.1. Notwithstanding the provisions set out in Article 4 but subject to Clause 7.2, Urb-it may be held liable for any damage to or loss of the Products provided that such damage or loss occurred during the Delivery period was not due to the acts of a third party, an act of force majeure or the negligence of the Merchant or the Recipient. 

7.2. For the purposes of this Article, force majeure shall include, but is not limited to, any errors or inaccessibility of telecommunications networks and infrastructures, general strikes, fire, flood, failure or malfunction of the Business Portal or API, restrictions on the circulation of persons ordered by an administrative or State authority.

7.3. Notwithstanding any other provision in these Terms of Services and the Specific Terms of Service (if any), the liability of Urb-it to the Merchant in connection with any damage to or loss of the Products or any delay in delivery thereof or any damage, loss or costs incurred by the Merchant in connection with services provided by Urb-it under these Terms of Service and the Specific Terms of Service (if any) will be limited to a maximum amount of one thousand pounds (GBP 1,000) per Delivery.

7.4. The implementation by Urb-it of any actions set out in Appendix 1 of these Terms of Service (for example dealing with failed Deliveries and incidents affecting a Delivery) shall not be interpreted as a waiver of the limit of liability set out in Article 7.2. 

7.5. Urb-it shall in no event be liable to the Merchant, and the Merchant undertakes to hold harmless and indemnify Urb-it against all claims made by the Recipient and/or third parties for (i) loss of profits, consequential losses, goodwill, anticipated profits, loss of contracts or data; (ii) losses resulting from acts or omissions of the Merchant, the Recipients or any other third party; (iii) any pure economic loss, costs, damages, special, indirect or consequential charges or expenses ; and (iv) any breach of any obligation if such breach results from an event beyond Urb-it's reasonable control (including but not limited to, failure or unavailability of telecommunications networks and failure or defects in the Merchant's software and systems, or restrictions on the circulation of persons ordered by an administrative or State authority).

7.6. It is exclusively the responsibility of the Merchant to provide and supply packing that guarantees the safety of the Courier and the protection of the Products (including withstanding the conditions of transport and the weather conditions that can reasonably be expected depending on the season) for the entire duration of the Delivery. Urb-it shall not be held liable for any loss, damage or delay that is attributable to a defect and / or inadequate preparation or packing of the Products in accordance with applicable regulations, rules the art and/or inherent defect of the Products. 

8. Claims

8.1. Any request for refund of the Price because of a late Delivery and any claim relating to the performance of a Delivery must be made within seven (7) days of the Delivery or the date initially planned for the Delivery and sent to claims@urbit.com. It is the responsibility of the Merchant to provide all information and documents in support of its claim (Delivery number, photos, invoices and any supporting documents). 

8.2. Claims relating to lost Products, damaged Products or failed Delivery shall be dealt with in accordance with Appendix 1. 

8.3. Claims will be accepted or rejected by Urb-it within two (2) working days of the date the claim is received by Urb-it. If a claim is accepted by Urb-it, the Price (or part thereof) will be refunded to the Merchant's account within thirty (30) days of the date of acceptance.

9. Intellectual Property

9.1. Urb-it and the Merchant respectively own or have the rights of use and/or all required licenses to use all intellectual property that they required in order to conduct their business.

9.2. Unless otherwise requested at londonsupport@urbit.com, the Merchant agrees: 

  • that the Urb-it logo shall appear on the Delivery monitoring interface sent to the Recipient; and
  • that Urb-it shall display the logo of the Merchant on its website and / or on other communication medium. 

10. Confidentiality

10.1. The Merchant agrees not to disclose to any third party any Confidential Information made available to it when subscribing to these Terms of Service and when using the services provided by Urb-it it in accordance with these Terms of Service (and the Specific Terms of Service, if any, to the extent applicable). Disclosure shall be permitted (to the extent required) when such disclosure is required by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

10.2. When the Merchant no longer uses the services provided by Urb-it, the Merchant shall return or destroy all Confidential Information that has been disclosed to it during the use of the services provided by Urb-it in accordance with these Terms of Service (and the Specific Terms of Service to the extent applicable).  

10.3. Urb-it shall not disclose any information in connection with the activities of the Merchant except where it is required to do so by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

11. Modification

Urb-it reserves the right to modify these Terms of Service. Urb-it will notify the Merchant by e-mail of any modification made to the Terms of Service at least one (1) month prior to the modified Terms of Service taking effect. 

12. Applicable Law And Dispute Resolution

These Terms of service are governed by the laws of England and Wales. 

In case of any dispute arising from the interpretation or enforcement of the Terms of service, Urb-it and / or the Merchant will attempt to find an amicable resolution. The Courts of England and Wales have exclusive jurisdiction. 

13. Miscellaneous

13.1. In case any provision in this Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

13.2. In the event of any conflict between these Terms of Service and the Specific Terms of Service (if any), the terms of the Specific Terms of Service shall prevail. 

13.3. A person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service, including any amendment or variation and the documents executed pursuant thereto.

13.4. If Urb-it on any occasion agrees to waive any such right, power or remedy, such waiver shall not in any way preclude or impair any further exercise thereof or the exercise of any other right, power or remedy.

13.5. These Terms of Services together with the Specific Terms of Service, if any, constitute the whole agreement between the Urb-it and the Merchant and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms of Services and the Specific Terms of Service (if any). The Merchant acknowledges that in entering into these Terms of Service and the Specific Terms of Services (if any) it has not relied on any warranty, representation or assurance (written or oral, express or implied) by Urb-it to these Terms of Service and the Specific Terms of Services (if any). Nothing in this Article shall limit or exclude liability for any representations made fraudulently. 

Appendix 1 - Actions In The Event Of Failed Delivery Or Incidents Affecting A Delivery

Conditions of refund in the event of an incident affecting a delivery

In the event of lost Product(s), damaged Product(s), or failed Delivery, and whenever reference is made to this Appendix in the Terms of Service, the following terms shall apply. 

Whenever reference is made to the refund of the Product in the tables below, such refund shall be made in accordance with the following conditions: 

  • If the actual value of the Product is known, and subject to the Merchant producing documentary evidence to Urb-its' reasonable satisfaction of the Product's actual value, the refund shall be equal to the price paid for the Product by the Merchant (excluding the Merchant's margin, mark-up or any profit element placed on the Product by the Merchant).
  • In the event of an unknown actual value of the Product, the refund shall be made up to 60% of the price (including tax) paid by the Recipient.
  • If no information on both the price paid by the Merchant and the price paid by the Recipient is available, the refund shall be GBP 10 per kilogram. 

Notwithstanding any other provision contained in these Terms of Service, the refund of the Product and the Delivery Price shall not exceed the limit set out in Article 7.2 of these Terms of Service.

Lost products

For lost Products, the following shall apply:

Terms of Service

Last updated May 1st 2021.

Recitals

  • Urb-it London Ltd, Company registered under the number 09999823, having its registered office 24 Old Queen Street, London SW1H 9HP, United Kingdom (hereinafter, "Urb-it"). 
  • These Terms of Service govern the conditions in which Urb-it offers and allows the Merchants (as defined below) to use the Urb-it Business Portal or API to order Urb-it deliveries. Urb-it Couriers travel exclusively on foot and by public transportation, bicycle (or cargo-bicycle). 
  • Urb-it strives to conduct its business in accordance with the corporate environmental and social responsibility values which form a core part of its business model. Urb-it is a Certified B Corporation®.
  • These Terms of Service are applicable to services offered and performed by Urb-it in the United Kingdom according to the geographical scope defined by the Business Portal and API. 

1. Definitions

  • "API": an automated programming interface allowing the Merchant to systemise the ordering of Deliveries.
  • "Business Portal": intermediate platform (available at the following URL: www.business.urb-it.com) through which the Merchant can manually enter the information required to order a Delivery.
  • "Confidential Information": any information relating to the performance of the service, including, but not limited to, the pricing conditions applicable, the contact details and information relating to the Recipient, the hub, and any password associated with the use of the Business Portal or the API.
  • "Delivery": service performed by Urb-it including the pick-up of the Product(s) at the address specified by the Merchant through the Business Portal or API, its transfer and handing to the Recipient, and any other related services performed by Urb-it in view of delivering the Product(s) to a Recipient ("Deliver", "Delivered" and "Deliveries" shall be construed accordingly). 
  • "Merchant": a company or person that requests Urb-it's services to Deliver its Products via the Business Portal or the API.
  • "Price": an amount in GBP (excluding taxes) charged by Urb-it to the Merchant for the performance of a Delivery.
  • "Product": an object which is to be Delivered to the Recipient as requested by the Merchant via the Business Portal or API.
  • "Recipient": a person whose identity and address are provided by the Merchant and to whom the Product is to be Delivered.
  • "Specific Terms of Service": when applicable, the specific terms of service provided by Urb-it to the Merchant and signed by the parties.
  • An Urb-it Courier t courier that performs the urban Delivery of Products on behalf of the Merchant.

2. Shipping Policy

2.1. Our Couriers deliver in person and do not use motor-driven vehicles. Instead, our Urbers use the local public transport, bike and walk. 

2.2. The Products, including their packing, must not exceed a volume of zero point twenty five (0.25) cubic meter, a net weight of ten (10) kilogram and their maximum linear dimension must be less than one hundred (100) centimetres.

2.3. Urb-it does not deliver the following Products (this list is not intended to be exhaustive):

  • Animals and regulated species: Animals, prohibited seeds, plants or organisms in danger of extinction
  • Copyright media and software: Unauthorised copies of media, and other licensed or protected materials
  • Drugs: Illegal drugs, and drug accessories
  • Hazardous material or devices: Toxic, flammable, and radioactive materials and substances
  • Illegal/Stolen goods: Materials, products, or information promoting illegal goods or enabling illegal acts
  • Offensive goods: Materials that slander or defame or promote the slander or defamation of any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factor
  • Weapons: Firearms, ammunition, and other items including but not limited to firearms
  • Unauthorised goods: Replicas, imitations or counterfeits of designer or other goods

2.4. Urb-it performs Deliveries only to geographical areas accepted by the Business Portal or API at the time of creation of the order for Delivery by the Merchant. Urb-it reserves the right to refuse Delivery to certain addresses such as public institutions including, but not limited to, schools or University campuses.

2.5. In respect of Products which are prohibited to be sold, distributed to, consumed and/or used ("Use") by minors, the Merchant shall verify that the Recipient is of the age required by law for such use prior to procuring the services of Urb-it pursuant to these Terms of Service in respect of such Product.

2.6. If the Merchant fails to comply with the above requirements, Urb-it reserves the right to refuse Delivery without any liability.

2.7. For delivery of age restricted goods, Urb-it practice a Challenge 25 policy, wherein, if a recipient looks under 25, Urb-it will request that they present a relevant ID. Should no satisfactory ID be presented, Urb-it will not handover the delivery.

3. Ordering A Delivery

3.1. The Merchant shall access the Business Portal using the URL referred to in Article 1 or, as the case may be, shall set up an API interface, directly or through another party. It is the responsibility of the Merchant to provide, by manual entry or computer programming, all the information and contact details required to complete the Delivery. 

The following information is required by Urb-it to collect the Product at the Merchant's premises:

  • Address of collection of the Products, and when necessary with special instructions (access code, floor, etc..) to facilitate pick-up; 
  • The quantity and nature of the Products as well as their value or price; 
  • Where appropriate, the references of the Delivery order for the Merchant. 

The following information is required by Urb-it for Delivery:

  • Address of the Recipient, and when necessary with special instructions (access code, floor, etc..) to facilitate Delivery by the Courier;
  • Identity of the Recipient; 
  • Telephone number or email address of the Recipient. 

The Merchant shall ensure that the information entered is accurate, up-to-date and obtained lawfully.

3.2. The Merchant may select, depending on availability, the day of Delivery from one of the following three services: 

  • Delivery on the same day;
  • Delivery on the next day;
  • Delivery on a later, nominated day, within fourteen (14) days from the date of order creation.

For each of these Delivery services, the Merchant may choose one of the following options for the time of Delivery: 

  • At a time slot (“Slot”). In this case, Urb-it agrees to Deliver the Product within the time slot selected by the Merchant;
  • At a Specific time (“Specific”). In this case, Urb-it shall deliver the Product within five (5) minutes of the time displayed and available on the Business Portal or the API and selected by the Merchant;
  • For same-day Deliveries and from Business Portal only, the Merchant may choose the “Now” Delivery option. In this case, Urb-it shall deliver the Product as soon as possible subject to the availability of Couriers, as displayed or communicated via the Business Portal or API;

3.3. After validation of the collection and delivery information, the Delivery order is created. When the Delivery order is created the Merchant is deemed to have accepted the terms and conditions of these Terms of Service. Urb-it shall perform the Delivery upon confirmation of the Delivery order sent to the Merchant.  

3.4. The Merchant agrees to use the Business Portal or API for lawful purposes and in accordance with the specifications of the API documentation available on the website Urb-it: https://developer.urb-it.com/. Otherwise, Urb-it reserves the right to immediately suspend access to its services.

4. Performance Of A Delivery

4.1. Delivery tracking interface

Urb-it shall provide the Recipient with an interface for monitoring the Delivery in real time (sent via sms). 

The interface monitoring the Delivery which is made available to the Recipient may be disabled by Urb-it upon request from the Merchant.

4.2. Modification of a Delivery

Any request from the Merchant for modification of the Delivery details (delivery time or address) must be made at least two (2) hours before the initially scheduled Delivery time. 

This request must be made by telephone or e-mail to Urb-it's customer service at londonsupport@urbit.com, or by using the contact information provided by Urb-it and available on the Business Portal or the API.

If a modification is requested less than two (2) hours prior to the time of Delivery to the Recipient, Urb-it reserves the right to charge additional costs arising therefrom.

4.3. On-time Delivery

Urb-it shall strive to always Deliver on time in accordance with the option selected by the Merchant ("Slot", "Specific", "Now").

Urb-it undertakes to keep the Merchant and the Recipient informed of any delays as soon as possible in respect of the Delivery of the Products.

4.4 Returns

If Products must be returned, for example as a result of a failed or refused Delivery to the Recipient, as contemplated in Appendix 1, Urb-it may:

  • Return the Products to the Merchant (provided that the Merchant's store, warehouse or point of sale is open during Delivery hours). In this case, any other Delivery of the same Products should be requested through the Business Portal or the API ;
  • If the Merchant's store, warehouse or point of sale is closed, retain the Products so that a new Delivery attempt may be made, subject to an additional fee being paid by the Merchant to Urb-it. Urb-it shall not be responsible for the condition of the Products if it is kept overnight as the Merchant is responsible for the preparation, packing and wrapping of the Products;
  • If none of the above options are possible, Urb-it shall be entitled to dispose of the Products after informing the Merchant.

4.5 Cancellations

The Delivery cannot be cancelled once it has been assigned to or accepted by a Courier. The Price remains fully payable for any cancellation made less than two (2) hours before the originally scheduled Delivery time.

4.6 Missing Items

In the event of Products missing from the Delivery order to the Recipient, the Merchant remains solely liable to the Recipient in connection with any claims arising therefrom and Urb-it shall have no liability to the Recipient and the Merchant in connection therewith.

No refund will be made for items missing at the time of Delivery if this is the result of a defect in Product packing by the Merchant.

If an additional service is required to Deliver the missing items, Urb-it shall be entitled to request payment of additional fees in relation to this new Delivery. 

4.7 Failures and incidents affecting Delivery

In case of lost Products, damaged Products or failed Delivery, Urb-it will take the actions set out in Appendix 1.

5. Data Protection

Urb-it processes personal data in accordance with the data protection regulations and as specified in its Privacy Policy.

6. Price - Payment

6.1. The Price is displayed on the Business Portal or by the API after a Delivery request is made at the time of the Delivery order, prior to its validation by the Merchant. 

6.2. Each month, Urb-it will send the Merchant a summary report of the Deliveries completed by the Couriers during the previous month. An invoice for all Deliveries made will be sent to the Merchant by Urb-it together with the Deliveries summary report.

6.3. Unless additional payment terms are agreed in writing between the parties and included in the invoice, any payment must be made no later than the fourteenth (14th) day of the invoice date. If payment is not made by the due date interest shall be charged on the late payment without notice and shall be payable without reminder. If payment is not made by the due date statutory interest (8% plus the Bank of England base rate) shall be charged on the late payment without notice and shall be payable without reminder.

6.4. In case of non-payment in accordance with Article 6.3, Urb-it reserves the right to suspend the Merchant's access to its service pending full payment of the outstanding sums.

6.5. The use of Urb-it's additional services (such as the use of an Urb-it urban hub or first-mile services) may be subject to the payment of additional fees as set out in the Specific Terms of Service. 

6.6. The Price is due by the Merchant even in the event that a Courier is unable to collect the Products from the Merchant or is unable to reach the Recipient and, in general, when the Delivery could not be completed due to acts or omissions beyond the control of Urb-it under the conditions specified in Appendix 1.  

6.7. Urb-it reserves the right to change the pricing conditions periodically. In such event, Urb-it will notify the Merchant of the change in pricing conditions at least one (1) month prior to the change coming into effect. 

6.8. The Price displayed on the Business Portal or communicated by the API is exclusive of tax. VAT at the rate of twenty percent (20%) shall be applied.

7. Liability

7.1. Notwithstanding the provisions set out in Article 4 but subject to Clause 7.2, Urb-it may be held liable for any damage to or loss of the Products provided that such damage or loss occurred during the Delivery period was not due to the acts of a third party, an act of force majeure or the negligence of the Merchant or the Recipient. 

7.2. For the purposes of this Article, force majeure shall include, but is not limited to, any errors or inaccessibility of telecommunications networks and infrastructures, general strikes, fire, flood, failure or malfunction of the Business Portal or API, restrictions on the circulation of persons ordered by an administrative or State authority.

7.3. Notwithstanding any other provision in these Terms of Services and the Specific Terms of Service (if any), the liability of Urb-it to the Merchant in connection with any damage to or loss of the Products or any delay in delivery thereof or any damage, loss or costs incurred by the Merchant in connection with services provided by Urb-it under these Terms of Service and the Specific Terms of Service (if any) will be limited to a maximum amount of one thousand pounds (GBP 1,000) per Delivery.

7.4. The implementation by Urb-it of any actions set out in Appendix 1 of these Terms of Service (for example dealing with failed Deliveries and incidents affecting a Delivery) shall not be interpreted as a waiver of the limit of liability set out in Article 7.2. 

7.5. Urb-it shall in no event be liable to the Merchant, and the Merchant undertakes to hold harmless and indemnify Urb-it against all claims made by the Recipient and/or third parties for (i) loss of profits, consequential losses, goodwill, anticipated profits, loss of contracts or data; (ii) losses resulting from acts or omissions of the Merchant, the Recipients or any other third party; (iii) any pure economic loss, costs, damages, special, indirect or consequential charges or expenses ; and (iv) any breach of any obligation if such breach results from an event beyond Urb-it's reasonable control (including but not limited to, failure or unavailability of telecommunications networks and failure or defects in the Merchant's software and systems, or restrictions on the circulation of persons ordered by an administrative or State authority).

7.6. It is exclusively the responsibility of the Merchant to provide and supply packing that guarantees the safety of the Courier and the protection of the Products (including withstanding the conditions of transport and the weather conditions that can reasonably be expected depending on the season) for the entire duration of the Delivery. Urb-it shall not be held liable for any loss, damage or delay that is attributable to a defect and / or inadequate preparation or packing of the Products in accordance with applicable regulations, rules the art and/or inherent defect of the Products. 

8. Claims

8.1. Any request for refund of the Price because of a late Delivery and any claim relating to the performance of a Delivery must be made within seven (7) days of the Delivery or the date initially planned for the Delivery and sent to claims@urbit.com. It is the responsibility of the Merchant to provide all information and documents in support of its claim (Delivery number, photos, invoices and any supporting documents). 

8.2. Claims relating to lost Products, damaged Products or failed Delivery shall be dealt with in accordance with Appendix 1. 

8.3. Claims will be accepted or rejected by Urb-it within two (2) working days of the date the claim is received by Urb-it. If a claim is accepted by Urb-it, the Price (or part thereof) will be refunded to the Merchant's account within thirty (30) days of the date of acceptance.

9. Intellectual Property

9.1. Urb-it and the Merchant respectively own or have the rights of use and/or all required licenses to use all intellectual property that they required in order to conduct their business.

9.2. Unless otherwise requested at londonsupport@urbit.com, the Merchant agrees: 

  • that the Urb-it logo shall appear on the Delivery monitoring interface sent to the Recipient; and
  • that Urb-it shall display the logo of the Merchant on its website and / or on other communication medium. 

10. Confidentiality

10.1. The Merchant agrees not to disclose to any third party any Confidential Information made available to it when subscribing to these Terms of Service and when using the services provided by Urb-it it in accordance with these Terms of Service (and the Specific Terms of Service, if any, to the extent applicable). Disclosure shall be permitted (to the extent required) when such disclosure is required by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

10.2. When the Merchant no longer uses the services provided by Urb-it, the Merchant shall return or destroy all Confidential Information that has been disclosed to it during the use of the services provided by Urb-it in accordance with these Terms of Service (and the Specific Terms of Service to the extent applicable).  

10.3. Urb-it shall not disclose any information in connection with the activities of the Merchant except where it is required to do so by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

11. Modification

Urb-it reserves the right to modify these Terms of Service. Urb-it will notify the Merchant by e-mail of any modification made to the Terms of Service at least one (1) month prior to the modified Terms of Service taking effect. 

12. Applicable Law And Dispute Resolution

These Terms of service are governed by the laws of England and Wales. 

In case of any dispute arising from the interpretation or enforcement of the Terms of service, Urb-it and / or the Merchant will attempt to find an amicable resolution. The Courts of England and Wales have exclusive jurisdiction. 

13. Miscellaneous

13.1. In case any provision in this Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

13.2. In the event of any conflict between these Terms of Service and the Specific Terms of Service (if any), the terms of the Specific Terms of Service shall prevail. 

13.3. A person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service, including any amendment or variation and the documents executed pursuant thereto.

13.4. If Urb-it on any occasion agrees to waive any such right, power or remedy, such waiver shall not in any way preclude or impair any further exercise thereof or the exercise of any other right, power or remedy.

13.5. These Terms of Services together with the Specific Terms of Service, if any, constitute the whole agreement between the Urb-it and the Merchant and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms of Services and the Specific Terms of Service (if any). The Merchant acknowledges that in entering into these Terms of Service and the Specific Terms of Services (if any) it has not relied on any warranty, representation or assurance (written or oral, express or implied) by Urb-it to these Terms of Service and the Specific Terms of Services (if any). Nothing in this Article shall limit or exclude liability for any representations made fraudulently. 

Appendix 1 - Actions In The Event Of Failed Delivery Or Incidents Affecting A Delivery

Conditions of refund in the event of an incident affecting a delivery

In the event of lost Product(s), damaged Product(s), or failed Delivery, and whenever reference is made to this Appendix in the Terms of Service, the following terms shall apply. 

Whenever reference is made to the refund of the Product in the tables below, such refund shall be made in accordance with the following conditions: 

  • If the actual value of the Product is known, and subject to the Merchant producing documentary evidence to Urb-its' reasonable satisfaction of the Product's actual value, the refund shall be equal to the price paid for the Product by the Merchant (excluding the Merchant's margin, mark-up or any profit element placed on the Product by the Merchant).
  • In the event of an unknown actual value of the Product, the refund shall be made up to 60% of the price (including tax) paid by the Recipient.
  • If no information on both the price paid by the Merchant and the price paid by the Recipient is available, the refund shall be GBP 10 per kilogram. 

Notwithstanding any other provision contained in these Terms of Service, the refund of the Product and the Delivery Price shall not exceed the limit set out in Article 7.2 of these Terms of Service.

Lost products

For lost Products, the following shall apply:

Terms of Service

Last updated May 1st 2021.

Recitals

  • Urb-it London Ltd, Company registered under the number 09999823, having its registered office 24 Old Queen Street, London SW1H 9HP, United Kingdom (hereinafter, "Urb-it"). 
  • These Terms of Service govern the conditions in which Urb-it offers and allows the Merchants (as defined below) to use the Urb-it Business Portal or API to order Urb-it deliveries. Urb-it Couriers travel exclusively on foot and by public transportation, bicycle (or cargo-bicycle). 
  • Urb-it strives to conduct its business in accordance with the corporate environmental and social responsibility values which form a core part of its business model. Urb-it is a Certified B Corporation®.
  • These Terms of Service are applicable to services offered and performed by Urb-it in the United Kingdom according to the geographical scope defined by the Business Portal and API. 

1. Definitions

  • "API": an automated programming interface allowing the Merchant to systemise the ordering of Deliveries.
  • "Business Portal": intermediate platform (available at the following URL: www.business.urb-it.com) through which the Merchant can manually enter the information required to order a Delivery.
  • "Confidential Information": any information relating to the performance of the service, including, but not limited to, the pricing conditions applicable, the contact details and information relating to the Recipient, the hub, and any password associated with the use of the Business Portal or the API.
  • "Delivery": service performed by Urb-it including the pick-up of the Product(s) at the address specified by the Merchant through the Business Portal or API, its transfer and handing to the Recipient, and any other related services performed by Urb-it in view of delivering the Product(s) to a Recipient ("Deliver", "Delivered" and "Deliveries" shall be construed accordingly). 
  • "Merchant": a company or person that requests Urb-it's services to Deliver its Products via the Business Portal or the API.
  • "Price": an amount in GBP (excluding taxes) charged by Urb-it to the Merchant for the performance of a Delivery.
  • "Product": an object which is to be Delivered to the Recipient as requested by the Merchant via the Business Portal or API.
  • "Recipient": a person whose identity and address are provided by the Merchant and to whom the Product is to be Delivered.
  • "Specific Terms of Service": when applicable, the specific terms of service provided by Urb-it to the Merchant and signed by the parties.
  • An Urb-it Courier t courier that performs the urban Delivery of Products on behalf of the Merchant.

2. Shipping Policy

2.1. Our Couriers deliver in person and do not use motor-driven vehicles. Instead, our Urbers use the local public transport, bike and walk. 

2.2. The Products, including their packing, must not exceed a volume of zero point twenty five (0.25) cubic meter, a net weight of ten (10) kilogram and their maximum linear dimension must be less than one hundred (100) centimetres.

2.3. Urb-it does not deliver the following Products (this list is not intended to be exhaustive):

  • Animals and regulated species: Animals, prohibited seeds, plants or organisms in danger of extinction
  • Copyright media and software: Unauthorised copies of media, and other licensed or protected materials
  • Drugs: Illegal drugs, and drug accessories
  • Hazardous material or devices: Toxic, flammable, and radioactive materials and substances
  • Illegal/Stolen goods: Materials, products, or information promoting illegal goods or enabling illegal acts
  • Offensive goods: Materials that slander or defame or promote the slander or defamation of any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factor
  • Weapons: Firearms, ammunition, and other items including but not limited to firearms
  • Unauthorised goods: Replicas, imitations or counterfeits of designer or other goods

2.4. Urb-it performs Deliveries only to geographical areas accepted by the Business Portal or API at the time of creation of the order for Delivery by the Merchant. Urb-it reserves the right to refuse Delivery to certain addresses such as public institutions including, but not limited to, schools or University campuses.

2.5. In respect of Products which are prohibited to be sold, distributed to, consumed and/or used ("Use") by minors, the Merchant shall verify that the Recipient is of the age required by law for such use prior to procuring the services of Urb-it pursuant to these Terms of Service in respect of such Product.

2.6. If the Merchant fails to comply with the above requirements, Urb-it reserves the right to refuse Delivery without any liability.

2.7. For delivery of age restricted goods, Urb-it practice a Challenge 25 policy, wherein, if a recipient looks under 25, Urb-it will request that they present a relevant ID. Should no satisfactory ID be presented, Urb-it will not handover the delivery.

3. Ordering A Delivery

3.1. The Merchant shall access the Business Portal using the URL referred to in Article 1 or, as the case may be, shall set up an API interface, directly or through another party. It is the responsibility of the Merchant to provide, by manual entry or computer programming, all the information and contact details required to complete the Delivery. 

The following information is required by Urb-it to collect the Product at the Merchant's premises:

  • Address of collection of the Products, and when necessary with special instructions (access code, floor, etc..) to facilitate pick-up; 
  • The quantity and nature of the Products as well as their value or price; 
  • Where appropriate, the references of the Delivery order for the Merchant. 

The following information is required by Urb-it for Delivery:

  • Address of the Recipient, and when necessary with special instructions (access code, floor, etc..) to facilitate Delivery by the Courier;
  • Identity of the Recipient; 
  • Telephone number or email address of the Recipient. 

The Merchant shall ensure that the information entered is accurate, up-to-date and obtained lawfully.

3.2. The Merchant may select, depending on availability, the day of Delivery from one of the following three services: 

  • Delivery on the same day;
  • Delivery on the next day;
  • Delivery on a later, nominated day, within fourteen (14) days from the date of order creation.

For each of these Delivery services, the Merchant may choose one of the following options for the time of Delivery: 

  • At a time slot (“Slot”). In this case, Urb-it agrees to Deliver the Product within the time slot selected by the Merchant;
  • At a Specific time (“Specific”). In this case, Urb-it shall deliver the Product within five (5) minutes of the time displayed and available on the Business Portal or the API and selected by the Merchant;
  • For same-day Deliveries and from Business Portal only, the Merchant may choose the “Now” Delivery option. In this case, Urb-it shall deliver the Product as soon as possible subject to the availability of Couriers, as displayed or communicated via the Business Portal or API;

3.3. After validation of the collection and delivery information, the Delivery order is created. When the Delivery order is created the Merchant is deemed to have accepted the terms and conditions of these Terms of Service. Urb-it shall perform the Delivery upon confirmation of the Delivery order sent to the Merchant.  

3.4. The Merchant agrees to use the Business Portal or API for lawful purposes and in accordance with the specifications of the API documentation available on the website Urb-it: https://developer.urb-it.com/. Otherwise, Urb-it reserves the right to immediately suspend access to its services.

4. Performance Of A Delivery

4.1. Delivery tracking interface

Urb-it shall provide the Recipient with an interface for monitoring the Delivery in real time (sent via sms). 

The interface monitoring the Delivery which is made available to the Recipient may be disabled by Urb-it upon request from the Merchant.

4.2. Modification of a Delivery

Any request from the Merchant for modification of the Delivery details (delivery time or address) must be made at least two (2) hours before the initially scheduled Delivery time. 

This request must be made by telephone or e-mail to Urb-it's customer service at londonsupport@urbit.com, or by using the contact information provided by Urb-it and available on the Business Portal or the API.

If a modification is requested less than two (2) hours prior to the time of Delivery to the Recipient, Urb-it reserves the right to charge additional costs arising therefrom.

4.3. On-time Delivery

Urb-it shall strive to always Deliver on time in accordance with the option selected by the Merchant ("Slot", "Specific", "Now").

Urb-it undertakes to keep the Merchant and the Recipient informed of any delays as soon as possible in respect of the Delivery of the Products.

4.4 Returns

If Products must be returned, for example as a result of a failed or refused Delivery to the Recipient, as contemplated in Appendix 1, Urb-it may:

  • Return the Products to the Merchant (provided that the Merchant's store, warehouse or point of sale is open during Delivery hours). In this case, any other Delivery of the same Products should be requested through the Business Portal or the API ;
  • If the Merchant's store, warehouse or point of sale is closed, retain the Products so that a new Delivery attempt may be made, subject to an additional fee being paid by the Merchant to Urb-it. Urb-it shall not be responsible for the condition of the Products if it is kept overnight as the Merchant is responsible for the preparation, packing and wrapping of the Products;
  • If none of the above options are possible, Urb-it shall be entitled to dispose of the Products after informing the Merchant.

4.5 Cancellations

The Delivery cannot be cancelled once it has been assigned to or accepted by a Courier. The Price remains fully payable for any cancellation made less than two (2) hours before the originally scheduled Delivery time.

4.6 Missing Items

In the event of Products missing from the Delivery order to the Recipient, the Merchant remains solely liable to the Recipient in connection with any claims arising therefrom and Urb-it shall have no liability to the Recipient and the Merchant in connection therewith.

No refund will be made for items missing at the time of Delivery if this is the result of a defect in Product packing by the Merchant.

If an additional service is required to Deliver the missing items, Urb-it shall be entitled to request payment of additional fees in relation to this new Delivery. 

4.7 Failures and incidents affecting Delivery

In case of lost Products, damaged Products or failed Delivery, Urb-it will take the actions set out in Appendix 1.

5. Data Protection

Urb-it processes personal data in accordance with the data protection regulations and as specified in its Privacy Policy.

6. Price - Payment

6.1. The Price is displayed on the Business Portal or by the API after a Delivery request is made at the time of the Delivery order, prior to its validation by the Merchant. 

6.2. Each month, Urb-it will send the Merchant a summary report of the Deliveries completed by the Couriers during the previous month. An invoice for all Deliveries made will be sent to the Merchant by Urb-it together with the Deliveries summary report.

6.3. Unless additional payment terms are agreed in writing between the parties and included in the invoice, any payment must be made no later than the fourteenth (14th) day of the invoice date. If payment is not made by the due date interest shall be charged on the late payment without notice and shall be payable without reminder. If payment is not made by the due date statutory interest (8% plus the Bank of England base rate) shall be charged on the late payment without notice and shall be payable without reminder.

6.4. In case of non-payment in accordance with Article 6.3, Urb-it reserves the right to suspend the Merchant's access to its service pending full payment of the outstanding sums.

6.5. The use of Urb-it's additional services (such as the use of an Urb-it urban hub or first-mile services) may be subject to the payment of additional fees as set out in the Specific Terms of Service. 

6.6. The Price is due by the Merchant even in the event that a Courier is unable to collect the Products from the Merchant or is unable to reach the Recipient and, in general, when the Delivery could not be completed due to acts or omissions beyond the control of Urb-it under the conditions specified in Appendix 1.  

6.7. Urb-it reserves the right to change the pricing conditions periodically. In such event, Urb-it will notify the Merchant of the change in pricing conditions at least one (1) month prior to the change coming into effect. 

6.8. The Price displayed on the Business Portal or communicated by the API is exclusive of tax. VAT at the rate of twenty percent (20%) shall be applied.

7. Liability

7.1. Notwithstanding the provisions set out in Article 4 but subject to Clause 7.2, Urb-it may be held liable for any damage to or loss of the Products provided that such damage or loss occurred during the Delivery period was not due to the acts of a third party, an act of force majeure or the negligence of the Merchant or the Recipient. 

7.2. For the purposes of this Article, force majeure shall include, but is not limited to, any errors or inaccessibility of telecommunications networks and infrastructures, general strikes, fire, flood, failure or malfunction of the Business Portal or API, restrictions on the circulation of persons ordered by an administrative or State authority.

7.3. Notwithstanding any other provision in these Terms of Services and the Specific Terms of Service (if any), the liability of Urb-it to the Merchant in connection with any damage to or loss of the Products or any delay in delivery thereof or any damage, loss or costs incurred by the Merchant in connection with services provided by Urb-it under these Terms of Service and the Specific Terms of Service (if any) will be limited to a maximum amount of one thousand pounds (GBP 1,000) per Delivery.

7.4. The implementation by Urb-it of any actions set out in Appendix 1 of these Terms of Service (for example dealing with failed Deliveries and incidents affecting a Delivery) shall not be interpreted as a waiver of the limit of liability set out in Article 7.2. 

7.5. Urb-it shall in no event be liable to the Merchant, and the Merchant undertakes to hold harmless and indemnify Urb-it against all claims made by the Recipient and/or third parties for (i) loss of profits, consequential losses, goodwill, anticipated profits, loss of contracts or data; (ii) losses resulting from acts or omissions of the Merchant, the Recipients or any other third party; (iii) any pure economic loss, costs, damages, special, indirect or consequential charges or expenses ; and (iv) any breach of any obligation if such breach results from an event beyond Urb-it's reasonable control (including but not limited to, failure or unavailability of telecommunications networks and failure or defects in the Merchant's software and systems, or restrictions on the circulation of persons ordered by an administrative or State authority).

7.6. It is exclusively the responsibility of the Merchant to provide and supply packing that guarantees the safety of the Courier and the protection of the Products (including withstanding the conditions of transport and the weather conditions that can reasonably be expected depending on the season) for the entire duration of the Delivery. Urb-it shall not be held liable for any loss, damage or delay that is attributable to a defect and / or inadequate preparation or packing of the Products in accordance with applicable regulations, rules the art and/or inherent defect of the Products. 

8. Claims

8.1. Any request for refund of the Price because of a late Delivery and any claim relating to the performance of a Delivery must be made within seven (7) days of the Delivery or the date initially planned for the Delivery and sent to claims@urbit.com. It is the responsibility of the Merchant to provide all information and documents in support of its claim (Delivery number, photos, invoices and any supporting documents). 

8.2. Claims relating to lost Products, damaged Products or failed Delivery shall be dealt with in accordance with Appendix 1. 

8.3. Claims will be accepted or rejected by Urb-it within two (2) working days of the date the claim is received by Urb-it. If a claim is accepted by Urb-it, the Price (or part thereof) will be refunded to the Merchant's account within thirty (30) days of the date of acceptance.

9. Intellectual Property

9.1. Urb-it and the Merchant respectively own or have the rights of use and/or all required licenses to use all intellectual property that they required in order to conduct their business.

9.2. Unless otherwise requested at londonsupport@urbit.com, the Merchant agrees: 

  • that the Urb-it logo shall appear on the Delivery monitoring interface sent to the Recipient; and
  • that Urb-it shall display the logo of the Merchant on its website and / or on other communication medium. 

10. Confidentiality

10.1. The Merchant agrees not to disclose to any third party any Confidential Information made available to it when subscribing to these Terms of Service and when using the services provided by Urb-it it in accordance with these Terms of Service (and the Specific Terms of Service, if any, to the extent applicable). Disclosure shall be permitted (to the extent required) when such disclosure is required by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

10.2. When the Merchant no longer uses the services provided by Urb-it, the Merchant shall return or destroy all Confidential Information that has been disclosed to it during the use of the services provided by Urb-it in accordance with these Terms of Service (and the Specific Terms of Service to the extent applicable).  

10.3. Urb-it shall not disclose any information in connection with the activities of the Merchant except where it is required to do so by law or regulation or where such disclosure is required by an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body. 

11. Modification

Urb-it reserves the right to modify these Terms of Service. Urb-it will notify the Merchant by e-mail of any modification made to the Terms of Service at least one (1) month prior to the modified Terms of Service taking effect. 

12. Applicable Law And Dispute Resolution

These Terms of service are governed by the laws of England and Wales. 

In case of any dispute arising from the interpretation or enforcement of the Terms of service, Urb-it and / or the Merchant will attempt to find an amicable resolution. The Courts of England and Wales have exclusive jurisdiction. 

13. Miscellaneous

13.1. In case any provision in this Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.

13.2. In the event of any conflict between these Terms of Service and the Specific Terms of Service (if any), the terms of the Specific Terms of Service shall prevail. 

13.3. A person who is not a party to these Terms of Service shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service, including any amendment or variation and the documents executed pursuant thereto.

13.4. If Urb-it on any occasion agrees to waive any such right, power or remedy, such waiver shall not in any way preclude or impair any further exercise thereof or the exercise of any other right, power or remedy.

13.5. These Terms of Services together with the Specific Terms of Service, if any, constitute the whole agreement between the Urb-it and the Merchant and supersede any previous arrangement, understanding or agreement between them relating to the subject matter of these Terms of Services and the Specific Terms of Service (if any). The Merchant acknowledges that in entering into these Terms of Service and the Specific Terms of Services (if any) it has not relied on any warranty, representation or assurance (written or oral, express or implied) by Urb-it to these Terms of Service and the Specific Terms of Services (if any). Nothing in this Article shall limit or exclude liability for any representations made fraudulently. 

Appendix 1 - Actions In The Event Of Failed Delivery Or Incidents Affecting A Delivery

Conditions of refund in the event of an incident affecting a delivery

In the event of lost Product(s), damaged Product(s), or failed Delivery, and whenever reference is made to this Appendix in the Terms of Service, the following terms shall apply. 

Whenever reference is made to the refund of the Product in the tables below, such refund shall be made in accordance with the following conditions: 

  • If the actual value of the Product is known, and subject to the Merchant producing documentary evidence to Urb-its' reasonable satisfaction of the Product's actual value, the refund shall be equal to the price paid for the Product by the Merchant (excluding the Merchant's margin, mark-up or any profit element placed on the Product by the Merchant).
  • In the event of an unknown actual value of the Product, the refund shall be made up to 60% of the price (including tax) paid by the Recipient.
  • If no information on both the price paid by the Merchant and the price paid by the Recipient is available, the refund shall be GBP 10 per kilogram. 

Notwithstanding any other provision contained in these Terms of Service, the refund of the Product and the Delivery Price shall not exceed the limit set out in Article 7.2 of these Terms of Service.

Lost products

For lost Products, the following shall apply:

Incident
Reason/Circumstance
Responsibility
Action/Refund

Lost.  Not Delivered.

Inside of the Couriers control (carelessness, incompetence).

Urb-it.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price.

Lost.  Not Delivered.

Outside of Couriers control (robbery or theft etc.).

Urb-it.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price.

Lost.  Delivered.

Delivery according to delivery instructions.

Recipient/Merchant.

No refund.

Lost.  Delivered.

Delivery not according to delivery instructions.

Urb-it.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price.

Damaged products

For damaged Products, the following shall apply:

Incident
Reason/Circumstance
Responsibility
Action/Refund

Damaged. Not collected.

Order handed to Courier in poor quality.

Merchant.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price.

Damaged. Not Delivered.

Inside of the Courier control (carelessness, incompetence).

Urb-it.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price. 

Damaged. Not Delivered.

Outside of Courier control (robbery, etc.).

Recipient/Merchant.

Refund of the Product (as calculated above) of wholesale/cost value of item and Price. 

Damaged. Delivered.

- Delivery accepted by Recipient or delivered according to instruction

- Shipment undamaged upon Delivery.

Recipient/ Merchant.

No refund.

Failed deliveries

Should Urb-it be unable to Deliver a Product, it will be marked as failed and the following shall apply:

Incident
Reason/Circumstance
Responsibility
Action/Refund

Failed. Refused by Recipient.

Delivery not accepted by Recipient due to reasons outside of the Courier and/or the Urb-it’s control.

Recipient / Merchant.

No refund. Prompts return to Merchant's store, warehouse or point of sales, subject to charge of the full Price.

Failed. Refused by Recipient.

Delivery not accepted by Recipient due to reasons within the Couriers and/or the Urb-it’s control (late Delivery, etc.).

Urb-it.

Full refund of Price. Prompts return to Merchant's store, warehouse or point of sales, free of charge.

Failed. Unable to Deliver.

- Recipient not present at Delivery address

-Leave at door/with neighbour not specified.

- Courier has waited more than ten (10) minutes and tried to contact Recipient.

Recipient/Merchant.

No refund. Prompts return to Merchant's store, warehouse or point of sales, subject to charge of the full Price.

Failed. Unable to Deliver.

Wrong or incomplete delivery details provided by Merchant/Buyer.

Recipient/ Merchant.

No refund.