Terms and Conditions
1. The Company's Obligations
1.1. Shopogolic Ltd ("The Company") will provide its services with reasonable skill and care. Unless specified in written instructions provided with sufficient notice and detail, no particular precautions or special treatment will be taken for the Goods by the Company or its subcontractors, nor shall time be of the essence for performance.
1.2. For bulk Goods, unless agreed otherwise, the Company may handle or mix similar Goods consigned by the Customer without distinguishing between consignments.
1.3. For carriage services, the Company's responsibility starts when the Goods are loaded onto the vehicle and ends when tendered for unloading. For storage or processing, responsibility begins when Goods are accepted into the store and ends upon their tender for collection, as stipulated under Conditions 7.1 or 7.2. The Company is not responsible for loading or unloading unless agreed otherwise. For forwarding services, the Company's responsibility is limited to engaging competent contractors and giving adequate instructions.
1.4. The Company's obligations extend only to the Customer and not third parties. Advice provided is for guidance only and cannot be relied upon by others.
2. Insurance and Liability
2.1. The Company does not insure the Goods unless expressly agreed. The Customer must arrange insurance to cover all risks related to the Goods with a third-party insurance company.
2.2. The Company accepts no liability for loss unless caused by negligence, willful default, or breach of duty.
2.3. Liability is subject to the limits outlined in Condition 2.4. The Company shall not be liable for indirect or consequential losses, including lost profit or business interruption.
2.4. Unless a higher liability limit is agreed upon in writing, the Company’s liability is limited to £75 per tonne of the Goods’ gross weight.
2.5. Claims against the Company must be notified within 10 days of the event and detailed within 21 days. Legal proceedings must commence within 9 months of the event.
3. Subcontractors and Others
3.1. The Company reserves the right to subcontract services and will ensure that subcontractors meet reasonable industry standards.
3.2. The Company may hold Goods temporarily or consolidate them at interim locations before final storage or delivery.
4. Fulfilment House Due Diligence Scheme (FHDDS)
For matters related to tax, excise, customs, or duties, including compliance with the Fulfilment House Due Diligence Scheme (FHDDS), the Company acts as the direct representative of the Customer unless otherwise agreed. The Company’s FHDDS registration number is XYFH00000100799.
5. Customer's Responsibilities
5.1. The Customer warrants and agrees to the following conditions:
Ownership: The Customer is either the owner of the Goods or authorized to act on behalf of the owner.
Packing: Goods will be securely and properly packed, complying with all statutory regulations and standards. Goods must remain in a condition that is safe for handling, storage, and transport.
Notification: The Customer will provide written notice of any special precautions or legal requirements relating to the Goods before the Company assumes responsibility.
Indemnity: The Customer will indemnify the Company for duties, taxes, excise, customs expenses related to the Goods, including all VAT payments for imports and all taxes and related payments for export if required.
Condition of Goods: Goods will remain in a safe condition for handling and storage. Hazardous or potentially harmful materials must be disclosed in advance.
5.2. The Customer indemnifies the Company for any losses or claims arising from the Customer's instructions, non-compliance, or insolvency, including penalties or fines incurred as a result.
6. Charges and Payments
6.1. All charges are subject to VAT and may be adjusted with prior notice.
6.2. Payments are due within 7 days from the invoice date without deduction. Interest of 1.5% per calendar month applies to overdue payments.
6.3. The Company holds a lien over Goods as security for unpaid charges or claims.
6.4. Courier Shipping Surcharges
The Customer acknowledges that shipments arranged through third-party courier services may be subject to additional surcharges not included in the initial quoted rate. These potential surcharges include, but are not limited to:
Remote area delivery fees
Residential delivery surcharges
Handling fees for bulky, oversized, or irregularly shaped packages
Security or special handling fees
Taxes, customs duties, and import charges on international shipments, where not prepaid or paid by the recipient
Such fees are determined solely by the courier company during the final processing of the shipment. The Company accepts no responsibility for the final cost imposed by the courier and reserves the right to pass on any such surcharges to the Customer. This applies to all courier services including, but not limited to, UPS, FedEx, DHL, DPD, ParcelForce, TNT, BRT, TNT and others.
6.5. If the Customer fails to comply with Condition 7.1, or any payment from the Customer is overdue, the Company may suspend activity and notify the Customer in writing that the Goods may be sold or disposed of. If solely due to payment, the Company will allow 10 days from the date of notice for payment. In case of perishable, deleterious, or hazardous Goods, the Company has the right to request immediate removal or urgent disposal.
7. Removal and Disposal of Goods
7.1. The Customer must remove Goods within the agreed timeframe.
7.2. If the Customer fails to remove Goods, the Company may sell or dispose of them with notice, accounting for any proceeds after deducting costs and outstanding charges.
8. Data Protection and Confidentiality
8.1. Both parties will comply with applicable data protection laws, including GDPR and the Data Protection Act 2018.
8.2. The Customer is the data controller, and the Company acts as a data processor unless otherwise agreed.
9. Force Majeure
Company will have no liability to the Client under this Agreement for delays in performing its obligations under this Agreement or from carrying out its obligations by acts, events or accidents beyond its reasonable control, including without limitation act of God, war, riot, rule, accident, fire or storm.
10. Governing Law
This agreement is governed by the laws of England, and disputes will be resolved exclusively in English courts.
11. Definitions
Listed below the following terms that will be found in these terms and conditions.
“Site, Company” means www.thefbaprep.com is operated by Shopogolic Ltd in the United Kingdom.
“Services” warehousing, order processing, packing and/or dispatch services, labelling, storage to be provided by TheFbaPrep under this Agreement
“Goods” the goods and/or materials which are the subject of the Services.
“Supplier” means the person, company whose name appears as the sender in the Purchase Order.
“Courier” means our carrier partners and others who deliver the consignments.
“Delivery Address” means the place of delivery assigned by the Client
“Us, We, Our” means Shopogolic Ltd.
“You, Client, Registered Member” means the customer who is contracted with us.