myByBox Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we provide any of the services (Services) listed on our website mybybox.com (our site) to you, including the pay-as-you-go service (Pay-As-You-Go) and the subscription service (Subscription Service). Please read these terms and conditions carefully before ordering any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" on the order pages of our site if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our site.

1. INFORMATION ABOUT US

mybybox.com is a site operated by ByBox Field Support Limited (we/us). We are registered in England and Wales under company number 03852440, and our registered office is at Merlin House, Downsview Road, Wantage, Oxfordshire OX12 9FA, which is also our main trading address. Our VAT number is GB 900 541 764.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in Great Britain and we do not accept orders from individuals outside Great Britain.

3. YOUR STATUS

By placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old; and

(d) You are accessing our site from the United Kingdom.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Your order constitutes an offer to us to buy a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service has been activated (the Service Confirmation). The contract between us (Contract) will only be formed when we send you the Service Confirmation, as follows:

(a) for Pay-As-You-Go, the Service Confirmation will be sent after you have chosen the Pay-As-You-Go Service, and the Contract will be formed at this point.

Please note that no payment is required at this stage, and you are under no obligation to use the Pay-As-You-Go Service at any time. You will only be required to pay for any packages that you have sent via Pay-As-You-Go;

(b) for Subscription Services, the Service Confirmation will be sent following our acceptance of your order and receipt from you of the Subscription Fee. If you have elected to choose the free one-month trial Subscription Service (if this is offered by us) the Service Confirmation will be sent following our acceptance of your order.

4.2 The Contract will relate only to those Services whose activation we have confirmed in the Service Confirmation. We will not be obliged to provide any other Services which may have been part of your order until the activation of such Services has been confirmed in a separate Service Confirmation.

5. SERVICES

5.1 To be able to order any service, you must have registered as a ByBox user at mybybox.com. At registration, we will ask you to select the local dropbox where you can collect your packages (the Local Dropbox), and ask for your home address and other contact details.

5.2 When you order a Service, we will e-mail to you in your Service Confirmation:

(a) a unique user code which we refer to as your Magic Code; and

(b) the ByBox delivery address (the ByBox Address).

You must always give the full Magic Code and ByBox Address to the sender of any package that you wish us to handle under any Service (for example, purchases from online retailers) (the Sender).

PAY-AS-YOU-GO

5.3 If you have selected Pay-As-You-Go, you may, for so long as you are registered as a Pay-As-You-Go user under a Contract, have any package sent to the ByBox Address for us to send on to your Local Dropbox for you to collect. For this Service, you are required to pay a fee for each package (the Package Fee). The amount of the Package Fee is displayed on our site. If the Package Fee changes at any time, we will let you know by e-mail and/or text. Please note that the Package Fee does not cover the costs for the Sender to send your package to the ByBox Address – responsibility for these costs will be as agreed between you and the Sender.

5.4 Once the package has arrived at the ByBox Address, we will then:

(a) contact you by text and/or e-mail, to

(i) let you know that your package has arrived at the ByBox Address;

(ii) ask you to pay the Package Fee; and

(iii) on payment by you of the Package Fee, forward the package to your Local Dropbox and send you by text and/or e-mail the access code (Locker Code) that you will need to be able to open the locker at your Local Dropbox.

5.5 Provided that your package arrives at the ByBox Address before 5.00 p.m., it will be available for collection by you at your Local Dropbox from 12.00 p.m. on the following day (unless we receive it on a Saturday or Sunday, in which case it will be available for collection by 12.00 p.m. on the following Tuesday). If we have not received payment of the Package Fee before 5.00 p.m. of the day when we contact you, it will be available as soon as possible after you have paid the Package Fee.

5.6 You then have until midnight the day after your package is delivered to your Local Dropbox to collect your package from the Local DropBox (the Collection Period). If you have not collected your package by the end of this time, we will collect the package. If this happens, we will then contact you a second time (by phone and/or e-mail) and arrange a second delivery to your Local Dropbox. If a package is not collected by the end of the Collection Period for this second delivery, we will collect the package and hold it for 7 days and notify you by text and/or e-mail. If no arrangements have been made by the end of this time for re-delivery, forwarding or collection, we will arrange to deliver it to your home address. Any arrangements made for any subsequent re-delivery, and any postage, will be at your cost as notified by us to you at the time.

5.7 If for capacity reasons we are unable to leave your package at your Local Dropbox within this timescale, we will contact you to arrange a different delivery time or location, and if we have not been able to arrange for delivery to a dropbox within 3 days, we will deliver the package to your home address. If we have to relocate your Local Dropbox for whatever reason, we will advise you of such relocation as soon as possible. Should the relocated drop box be situated more than 1km away from your Local Dropbox you will have the option to cancel your Pay-As-You-Go service and in such circumstances you will be entitled to a refund and we will deliver the package to your home address.

SUBSCRIPTION SERVICE

5.8 Subscription Services are available for 3-month, 6-month or 12-month periods (and may from time to time be available for trial periods for new users). We will send your e-mail Service Confirmation once we have received your payment (the Subscription Fee), or once we have accepted your order (in the case of the free one-month trial). The Contract will only be formed at this point. The Service Confirmation will state the date that the Service is activated and available to you (the Service Start Date), and the day that the Service ends (the Service End Date). The period covered by any Subscription Service is the Service Term.

5.9 Please note that the Subscription Fee does not cover the costs for Sender to send your package to the ByBox Address – responsibility for these costs will be as agreed between you and the Sender.

5.10 We will contact you by text and/or email when your packages arrive at the ByBox Address. We will then forward your packages from the ByBox Address to your Local Dropbox, at which point we will contact you again by text and/or email to give you the Locker Code that you will need to be able to open the locker at your Local Dropbox to retrieve your package.

5.11 Provided that your package arrives at the ByBox Address before 5.00 p.m., it will be available for collection by you at your Local Dropbox from 12.00 p.m. on the following day (unless we receive it on a Saturday or Sunday, in which case it will be available for collection by 12.00 p.m. on the following Tuesday).

5.12 You then have until midnight the day after your package is delivered to your Local Dropbox to collect your package from the Local DropBox (the Collection Period). If you have not collected your package by the end of this time, we will collect the package and return it to the ByBox Address. If this happens, we will then contact you a second time (by text and e-mail) and arrange a second delivery to your Local Dropbox. If a package is not collected by the end of the Collection Period for this second delivery, we will collect the package and hold it for 7 days and notify you by phone and e-mail. If no arrangements have been made by the end of this time for re-delivery, forwarding or collection, we will arrange to deliver it to your home address. Any arrangements made for any subsequent re-delivery, and any postage, will be at your cost as notified by us to you at the time.

5.13 If for capacity reasons we are unable to leave your package at your Local Dropbox within this timescale, we will contact you to arrange a different delivery time or location, and if we have not been able to arrange for delivery to a dropbox within 3 days, we will deliver the package to your home address. If we have to relocate your Local Dropbox for whatever reason, we will advise you of such relocation as soon as possible. Should the relocated drop box be situated more than 1km away from your Local Dropbox you will have the option to cancel the remaining part of your Subscription Service and in such circumstances you will be entitled to a pro rata refund for the remaining part of your Subscription Service

5.14 Your use of the Subscription Services is subject to our Fair Use Policy: where your use of a Subscription Service exceeds 104 packages during a 12-month Subscription Service (or 52 packages for a 6-month Subscription Service or 26 packages for a 3-month Subscription Service) we reserve the right to charge a higher Subscription Fee to reflect your usage above this level. If we cannot reach agreement with you on this additional fee, we reserve the right to terminate your Subscription Service on 7 days’ notice.

FREE ONE-MONTH TRIAL

5.15 If you have elected to choose the free trial one-month Subscription Service (if this is offered by us), you agree to be bound by all terms relevant to Subscription Services (apart from those that relate to any Subscription Fee) for this period of the free trial.

6. YOUR RESPONSIBILITIES

6.1 Where you use any Service, we require that you:

(a) only use the Services for packages which fulfil the specifications for which packages we will accept (Acceptable Packages). These are described here at clause 7 and on our website.;

(b) always give the full ByBox ByBox Address Address and your Magic Code to any Sender as the address for any package (this will help us deal speedily with your package);

(d) keep your Locker Code confidential and do not disclose it to anyone else;

(e) (in the case of Subscription Services) observe our Fair Use Policy;

(f) observe any health and safety requirements specified at your Local Dropbox, and do not leave rubbish or other items at that site or in any locker there; and

(g) collect any package from your Local Dropbox during the Collection Period, and co-operate with us to arrange alternative delivery methods where this is necessary

6.2 If your package has not been collected from your Local Dropbox within the final relevant Collection Period and we have been unable to arrange an alternative delivery with you, or for some reason are not able to send the package to your home address by post, we will keep the package for 21 days from the end of the last relevant Collection Period. After that time, we can deal with the package as we see fit (including destroying it, selling it or otherwise disposing of it). We also reserve the right to destroy or otherwise deal with as we see fit any package which is not an Acceptable Package where to make alternative delivery arrangements would endanger health or would breach any applicable law.

7. ACCEPTABLE PACKAGES

7.1 You must not use any Service to send and collect any package that does not conform with our specifications for weight, size, and contents. Packages that do not conform with these specifications will not be accepted by us at the ByBox Address or delivered to your Local Dropbox. These specifications are:

(a) weight: packages must not be over 15 kilograms (including all packaging);

(b) size: packages must not exceed 89 x 51 x 66 centimetres in any of height, width, or depth;

(i) noxious, dangerous, hazardous, explosive or inflammable items, firearms including parts of firearms, ammunition or detonators, or any goods likely to cause damage;

(ii) goods which might endanger human or animal life, which might taint or otherwise damage other goods being transported by us, or the carriage, import or export of which is prohibited by applicable law;

(iii) living creatures, prohibited drugs, money, bullion, cheques, negotiable instruments, credit cards, cash dispenser cards, tickets, plants, units in franking machines, bonds, stamps or vouchers of any kind, or similar items;

(iv) any written, printed or pictorial matter which is or might reasonably be held to be obscene, blasphemous, scandalous, defamatory, proscribed or prohibited in the UK or in any country from which a package is sent;

(v) any goods which may be sensitive to our transport conditions or which require a licence or permission or with which special precautions must be taken including in relation to their loading or unloading; or

(vi) any article the possession of which is unlawful by the law of the UK or by the law of any country from or through which the package is sent.

If you are in any doubt as to whether any item would or would not be prohibited under this list, you must contact us on help@mybybox.com or 0844 8000 877 before giving your Magic Code to the relevant Sender.

7.2 Perishable or temperature-sensitive goods are accepted provided that you accept that they are carried at your own risk and that we do not provide any special handling for such goods.

7.3 We may need to change the requirements for Acceptable Packages from time to time to reflect changes in relevant law or our operational methods. We will update our website and send you an e-mail notifying you of any such changes.

7.4 We may scan any package received at the ByBox Address by X-ray or similar, and reserve the right to open or inspect (including by sniffing device) any package to confirm whether it is an Acceptable Package. We may also photograph packages to provide evidence of their delivery to us or other factors (for example, where packages are inadequately packaged or damaged before we receive them).

7.5 Where we receive any package which is not an Acceptable Package, we will notify you by phone and/or e-mail to arrange for you to collect it or otherwise deal with it. We may charge you for any costs incurred through handling such packages.

8. CANCELLATION RIGHTS

8.1 If you are contracting as a consumer, you may cancel a Contract for a Subscription Service at any time within seven working days, beginning on the day after Service Activation Date (the Cooling-Off Period), provided that you have not made any use of the service. If you wish to cancel in this way, you will receive a full refund of the Subscription Fee in accordance with our refunds policy (set out in clause 10 below).

8.2 If you have already made use of a Subscription Service during the Cooling-Off Period, or wish to cancel a Subscription Service after the Cooling-Off Period, we will not refund your Subscription Fee. Please refer to clause 10.2 to see if you are entitled to a partial refund.

8.3 Where you use Pay-As-You-Go, dealing with each package that we receive on your behalf is a separate Contract. Our performance of our duties under that Contract begins when we receive your package at the ByBox Address, and you cannot cancel the Contract for any package that has been sent to the ByBox Address by a Sender, and we will not refund or waive any Package Fee in that case.

8.4 To cancel a Subscription Contract (whether within the Cooling-Off Period or not), you must inform us by writing to ByBox Customer Services, Unit 1 Central City Industrial Estate, Red Lane, Coventry, CV6 5RY or by e-mail to help@bybox.com.

8.5 Details of your statutory right to cancel within the Cooling-Off Period, and an explanation of how to exercise it, are provided in the Service Confirmation. This provision does not affect your statutory rights.

9. PRICE AND PAYMENT

9.1 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error. All prices shown on our site are inclusive of VAT.

9.2 Prices of the Services are liable to change at any time, but changes will not affect orders in respect of any Services for which we have already sent you a Service Confirmation.

9.3 Despite our best efforts, it may sometimes happen that some of the Services listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Service's correct price is less than our stated price, we will charge the lower amount when confirming the Service to you. If a Service's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming the Service, or reject your order and notify you of such rejection.

9.4 We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Service Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.5 Payment for all Services must be by World Pay, via the link on our site. We are not able to accept direct payments via credit or debit cards, or any other payment methods.

10. OUR REFUNDS POLICY

10.1 When you cancel a Service:

(a) because you have cancelled a Contract between us for Subscription Services within the Cooling-Off Period (see clause 8.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full;

(b) for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that our Service is at fault), we will review the Service and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty Service.

10.2 Where you cancel a Subscription Service during the Service Term, then (unless the cancellation is within the Cooling-Off Period and you have not made use of the Service):

(a) in the case a 3-month Service Term, no refund will be given for any unused period;

(b) in the case of a 6-month Service Term, if you cancel at any time during the first 3 months of the Service Term, we refund you the difference between the Subscription Fee that you paid and the fee you would have paid for a 3-month Service Term; if you cancel after the first three months, no refund will be given for any unused period;

(c) in the case of a 12-month Service Term, if you cancel at any time during the first 6 months of the Service Term, we refund you the difference between the Subscription Fee that you paid and the fee you would have paid for a 6-month Service Term; if you cancel after the first six months, no refund will be given for any unused period.

10.3 We will usually refund any money received from you using the same method originally used by you to pay for your Service.

11. ENDING A CONTRACT

11.1 We can end your Contract for Services:

(a) on immediate notice, if we receive any package for you that in our reasonable opinion contains dangerous or illegal items, or if in our reasonable opinion you are using the Services for any illegal purpose; or

(b) on immediate notice, if you have claimed for the loss of more than 2 packages; or

(c) on 1 month’s notice, if you repeatedly breach your duties under the Contract (including but not limited to: not paying Package Fees promptly, not collecting packages within the relevant Collection Period, and failing to make arrangements for the posting or collection of uncollected items or any necessary payments).

Where we end a Contract in any of these ways, we will not give any refund for any unused Service Term or waive any Package Fee still due, and we may charge you for the return by post of any of your packages then under our control.

11.2 You may end a Contract immediately if we repeatedly fail to deliver your packages as stated (unless through a Force Majeure Event), cause material damage to your packages through our negligence or fault, fail to meet our material duties under this agreement, or if the Service is not provided with reasonable care and skill.

11.3 You may end a Contract for Pay-As-You-Go at any time, though you will still be liable for any unpaid Package Fees or other costs incurred before the end of the Contract.

11.4 If either of us ends a Contract, we retain any rights against the other that have arisen before the end of the Contract. Nothing in this clause affects any of your statutory rights.

12. COMPLAINTS

12.1 In the event that you are dissatisfied with a Service or wish to complain in relation to a package, please contact us in the first instance at help@bybox.com or by phone at 0844 8000 877. If you wish to write, please address your letter to ByBox Customer Services, Unit 1 Central City Industrial Estate, Red Lane, Coventry, CV6 5RY.

12.2 Where your complaint relates to a lost or damaged package, you must give us as much relevant information about the package as possible, including:

(a) proof of despatch by the Sender;

(b) proof of value;

(d) invoices, and

(e) in case of damage, a photograph of the package and, if requested by us, the package and its packaging for inspection

as soon as possible after you become aware of the loss or damage, and in any event within 21 days of dispatch by the Sender.

13. OUR LIABILITY

13.1 We warrant to you that any Service purchased from us through our site will be provided with reasonable care and skill.

13.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price of the Service you purchased and any losses which are a foreseeable consequence of us breaking the agreement, subject to the value limit stated below. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. In the case of damage or loss of a package, our liability per package for such loss is limited to the lower of:

(a) £50 including VAT; or

(b) the market value of the contents of the package including VAT.

13.3 We will not be liable to pay compensation for loss of or damage to a package:

(a) caused by a latent or inherent defect or the natural deterioration of any contents of the package;

(b) which is not an Acceptable Package;

(d) inadequately packaged, or incorrectly addressed; or

(e) where any person has been fraudulent or dishonest in any way in relation to that package.

13.4 Nothing in these terms limits in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) For fraud or fraudulent misrepresentation; or

13.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable,

provided that this clause 13.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 13.5.

14. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. NOTICES

All notices given by you to us must be given to ByBox Field Support Limited at help@bybox.com or by post to ByBox Customer Services, Unit 1 Central City Industrial Estate, Red Lane, Coventry, CV6 5RY. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16. TRANSFER OF RIGHTS AND OBLIGATIONS

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. WAIVER

18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

18.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19. SEVERABILITY

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

21.2 You will be subject to the policies and terms and conditions in force at the time that you order any services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Service Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within five working days of receipt by you of the Services).

22. LAW AND JURISDICTION

Contracts for the purchase of Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.