Terms and Conditions

These Terms and Conditions (hereinafter referred to as Terms) govern the contractual legal relationship between Smart Taurus and its customers ("Customer") within the scope of the Smart Taurus Service. They apply to the collection, transport and delivery of consignment (hereinafter referred to as consignment(s)) in accordance with the price and service overview valid at the time. Any conflicting terms and conditions of the Customer are expressly rejected.

1. ABOUT US

We are Smart Taurus LTD, (Company number 15586476), London, Kent, UK ("Smart Taurus", "we", "us", "our").
To contact us, please email [email protected] or call us on +44 7565 625667.
These Terms were last updated on Sunday, 11th of August, 2024.
The following also apply to these Terms and form an integral part of these Terms:
1. our Privacy Policy;
2. our Cookie Policy; and
3. our Driver Terms and Conditions (if you are a Driver)

2. DESCRIPTION OF SERVICES

In cooperation with our affiliated system partners (Drivers) we agree to undertake the collection, transport and delivery of packages, parcels and other consignments as well as the transport and delivery of vehicles in accordance with the applicable price and service overview.
The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
These Terms apply exclusively. Deviating, conflicting or supplementary terms and conditions you purport to apply only become part of our agreement if we expressly consented to their application in writing.
In addition, the respective valid regulations on packaging and labelling of consignments shall apply.
In the case of cross-border transports, the mandatory provisions of the Convention on the Contract for the International Carriage of Goods ("CMR") shall apply with priority.

3. THE SERVICES

Upon you making a booking with us, you appoint us as and we undertake forwarding services as to the transport and delivery of small packages, parcels, goods, and consignments (collectively "Consignment") as well as certain auxiliary services as selected by you at the time of entering into these Terms ("Services") as your agent.
We will begin providing our Services on the date and time stated in your booking and deliver your Consignment by hand in person to the destination as specified in your booking.
Permissible dimensions and weights are as listed in and as selected by you at the time of entering into these Terms.

4. YOUR CONSIGNMENT

Upon receiving your Consignment, we are entitled to ascertain whether your Consignment is in accordance with these Terms and all applicable laws and regulations. Doing so we may require certain information from you and if you refuse to provide the information or if the information cannot be obtained in time, we shall be entitled to examine the contents of your Consignment, provided that such is necessary to avert danger to persons or property.
If your Consignment does not comply with a) the conditions set out in these Terms; or b) the permissible dimensions and weights; or c) our guidelines on packaging and labelling, we will refuse to transport it.

5. DELIVERY

Delivery shall be made to the recipient indicated on the Consignment by personal handover against signature of the recipient. Nonetheless, you agree that:
delivery may also be made to third parties properly authorised by the recipient; and
we may deposit the Consignment at a location specified by you without signature, provided you have given us permission to do so.
If your Consignment cannot be delivered in the manner described above, a maximum of two further delivery attempts will be made. After that, the item is considered undeliverable.
Consignments a) with an incorrect address, if the correct address cannot be determined with reasonable effort; b) whose acceptance is refused; and c) not collected by the recipient after expiry of the respective storage period, are considered undeliverable and will at your expense be returned to you. If you refuse to accept such return, we are entitled to dispose of the Consignment at your expense, including selling or destroying it.

6. UNDELIVERED AND UNCLAIMED CONSIGNMENTS

Where for any reason we have been unable to deliver a Consignment in accordance with your booking, and if you have not made alternative arrangements at your expense within seven days, we will inform you of our intention and will be authorised by you to dispose of the Consignment at your expense, including selling or destroying it. In such case you agree to discharge us from any and all liability in respect of the Consignment and our service in relation to it.

7. GENERAL LIEN

We have a general lien against all and any consignments, including without limitation consignments owned by you or by any person who is authorising you to agree these Terms for any and all monies whatever due to us from you.
Consignments subject to such lien shall be subject to our powers of sale under Clause 5 as if you had failed to make alternative arrangements as outlined in that clause.

8. INSURANCE

Consignments will be insured automatically for up to a value of GBP 50,000. If additional insurance is required, you must be requested in advance.
If no insurance request is submitted in advance, we will not be liable for lost, stolen, or damaged packages past the automatic insurance amount of GBP100.
We Transport works of art, antiques, stamps as collector's items, negotiable instruments, securities, precious metals, precious stones, industrial diamonds only upon prior value notification at time of booking and if required additional and Consignment specific insurance is taken out.

9. CONSIGNMENTS THAT ARE NOT ACCEPTED

The following provides an overview of Consignments we cannot accept:
1. consignments whose transport violates legal or official prohibitions or whose transport or storage is subject to national or international dangerous goods regulations,
2. consignments whose carriage is subject to special conditions, in particular special export, import or customs regulations and where you have failed to inform us accordingly,
3. consignments with inadequate packaging, which in particular do not comply with our guidelines on packaging and labelling,
4. consignments with liquid contents, insofar as these are not packed in a break-proof manner and protected against leakage,
5. consignments containing:
  1. money and other valid means of payment;
  2. goods requiring special transport precautions and in particular, but not exclusively, perishable or temperature-sensitive goods;
  3. human remains;
  4. live animals and parts or remains of animals; this exclusion does not apply to processed hides or leather or to animal feed derived from animal products, provided that they do not contain live animals;
  5. firearms, cutting weapons or impact weapons or equivalent objects;
  6. may endanger persons or damage material goods or other consignments;
6. consignments for which the pick-up address or delivery address designated by you is unsuitable or can only be reached with disproportionate difficulty (including, in particular, airports or cruise terminals) or for whose posting or delivery special expenses or security measures are required;
7. consignments addressed to a P.O. Box address, or a wholesale postcode.

10. PRICES

Service fees to be paid are shown on our quotation at the time of your booking and are valid at the time.
We do our best to ensure that the information about our Service is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Service, or that our Service will always be available if you wish to make a booking.
We reserve the right to modify the information about our Service, including as regards prices, description, and availability. However, such changes will not affect consignments for which you have already received a confirmation email.
All payments required must be made in cleared funds to such bank as we from time to time nominate, without any set-off, withholding or deduction.
You undertake to pay all applicable Taxes and Duties at the then prescribed rate, payable in respect of the Services.
Confiscation or Seizure of any consignments for any reason whatsoever does not release you from paying related Service fees.

11. LIABILITY

We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms seeks to exclude or limit our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
Unless otherwise expressly agreed in these Terms or otherwise in writing, we are liable for national transport only in accordance with applicable laws.
In the event of loss of or damage to a consignment we will be liable to you only to the extent of the direct damage typical of the contract up to the statutory liability limits.
In the case of loss of or damage to consignments, we waive the right to invoke the maximum liability limit insofar as the proven direct damage is less than GBP 50 for small packages, less than GBP 500 for parcels and less than GBP 1000 per Consignment.
If you handed a Consignment to us which does not comply with these Terms without expressly pointing this out in writing and if damage occurs to the Consignment which, according to the circumstances of the case, could have arisen from the lack of permissibility of the Consignment, it is presumed in our favour that the damage arose from this risk. The special grounds for reduction of liability or exclusion of liability under Article 17 of the CMR remain unaffected.
You must report any externally visible damage to or loss of the Consignment at the latest on delivery of the Consignment, and any damage or loss which is not externally visible within 7 days of delivery, in each case clearly marking the damage or loss. Otherwise, it is assumed that the damage was not present at the time of delivery and that the Consignment was handed over in full.
A total loss of a Consignment is presumed if a Consignment has not been delivered within 20 days after handover for delivery.
All claims shall become time-barred in accordance with applicable legislation. Insofar as claims are concerned which are not subject to the provisions of the contract between us under applicable legislation, the statutory limitation periods shall apply. However, the limitation periods shall apply mutatis mutandis to claims arising from any tortious liability on our part.
You accept that you will be liable for damages caused by your consignment not complying with these Terms.
If you fail to pay additional costs incurred in the course of a delivery, you must reimburse us for the costs of returning the refused consignment plus any additional costs incurred.

12. DATA PROCESSING

All personal data will be processed by us in accordance with the statutory provisions.
We point out that we use the services of third parties (subcontractors) to fulfil our obligations. In order to perform the contract concluded with you, we are authorised to transfer personal data to these third parties to the extent necessary.
We use electronic means to prove proper delivery and therefore store data relating to delivery, e.g., images, the digitised form of the recipient's signature, date, and time of delivery, for verification purposes.

13. LABELLING

Address and sender details on consignments. Each consignment handed over to us for transport requires a full address and sender information. The address must be sufficiently precise and clear to enable the Consignment to be transported and delivered without further investigation. It must not contain any additions that could lead to misunderstandings or make it difficult or impossible to process the Consignment.
The inscription must be placed on the largest surface of the Consignment, whereby the clarity must not be impaired by information that is not part of the address. In the case of used packaging, all ambiguous information, e.g., old address data, must be removed.
The address must include, in order from top to bottom: the name of the addressee (plus company name, if applicable), the delivery details (street and house number; if available, plus number of the floor and flat number; in the case of companies, the department designation), the place of destination preceded by the postcode, and in the case of international carriage, the country of destination.
The place of destination preceded by the postcode should be clearly separated from the delivery details in the bottom line. The place of destination must be indicated without any additions that are not part of the official place name. The postcode must always be indicated in full.
The sender information must correspond to the address in its arrangement and components. The sender's address must not impair the clarity of the address. For security reasons, the address and sender's details must also be deposited inside the Consignment.

14. PACKAGING

Consignments must always be packed in a dimensionally stable and basically parallelepipedal package and, depending on the contents, type of consignment and size, in such a secure manner that damage during transport is excluded and the contents are protected against loss and damage. The packaging always includes suitable outer packaging, suitable inner packaging and a secure closure.
The outer packaging must be suitable for the contents in such a way that the packed items do not fall out, do not damage other consignments and are not damaged themselves. Adequate inner packaging must be provided and supplemented by fillers. In the case of transport-sensitive items, the packaging must be adapted to their particular sensitivity in order to take account of the specific nature, quantity and any other special features of the contents in each individual case. The packaging must safely protect the contents of the Consignment against stresses to which they are normally subjected during shipment (e.g., pressure, impact, falling, vibration or temperature influences).
An outer packaging must be of parallelepipedal shape and be sufficiently dimensionally stable and pressure resistant. It must also be of sufficient size to provide space for the entire contents and the necessary inner packaging components. It must not give any indication of the nature and value of the goods.
The inner packaging must secure the contents and cushion them on all sides against the outer packaging and, if there are several contents, against each other. Sales and storage packaging is often only designed for palletized shipping. For individual shipment, additional packaging measures (e.g., moulded foam) are mandatory as transport packaging.
For sealing the Consignments, resistant materials (e.g., tear-resistant, self-adhesive plastic packing tapes or fibre-reinforced wet adhesive tapes) must be used to guarantee the cohesion of the Consignment. The heavier the Consignment, the more resistant the seal must be.
Packaging or closures must not have any sharp edges, corners, or points, e.g., protruding nails, staples, wood splinters or wire ends. The packaging must completely enclose the goods to be transported.
Outer packaging's for consignment are all lockable containers with handles such as suitcases, bags, garment bags and rucksacks. In order to avoid the usual traces of transport (scratches), a protective film is recommended. No objects (umbrellas, walking sticks, bicycle baskets etc.) may be attached to the outside of the Consignment.

15. SECURE PACKING

Consignment must always be locked and secured with additional locks if necessary.
Transport-sensitive components of the Consignment must have an appropriate break-proof, fixed inner packaging. Cosmetics and hygiene articles must be additionally protected with an outer packaging. Screw caps and caps must be tightened to the torque recommended by the manufacturer.

16. FORCE MAJEURE

We will not be liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
If any event described under this Clause occurs that is likely to adversely affect our performance of any of our obligations under these Terms, we will inform you as soon as is reasonably possible and suspend our services accordingly and inform you when the event outside of our control is over.

17. OTHER IMPORTANT TERMS

We may transfer (assign) our obligations and rights under these Terms to a third party or through suitably qualified and skilled sub-contractors. If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms without our express written permission (such permission not to be unreasonably withheld).
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties.
These Terms are between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
No failure or delay by us or you in exercising any of our respective rights under these Terms means that such right has been waived.
Each party agrees that these Terms herewith may be electronically signed, and that any electronic signatures appearing on these Terms are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. For the purpose of clarity, the following shall qualify as electronic signature: a) Checking a box or a 'click to accept' button; or b) Typing a name; or c) Pasting an image of a signature; or d) Drawing a name or initial with a stylus or by hand on a touchpad; and e) Electronically signing using an available third-party software application.
If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
The Parties shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations. If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution ("ADR") procedure. If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
These Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.