Byggfix Xpress Terms of Service Byggfix Xpress is an additional paid service where Buyers and Sellers may engage Byggfix on a non-exclusive basis to provide delivery services as described in these terms of service (“Byggfix Xpress Terms of Service”) when buying and selling items on Byggfix. Where a Buyer buys an item from a Seller and elects to have such item delivered via Byggfix Xpress (“Byggfix Xpress Item”), both the Buyer and Seller will be deemed to have consented to the terms and conditions described in these Byggfix Xpress Terms of Service. These Byggfix Xpress Terms of Service supplement the Terms of Service and the other Byggfix Policies, of which these Byggfix Xpress Terms of Service forms a part – please read the Terms of Service and the other Byggfix Policies available on the Site as they contain important information regarding your rights and obligations. Any terms that are used in these Byggfix Xpress Terms of Service that are not defined here will have the meanings given to such terms in the Terms of Service and/or the applicable Byggfix Policy. All terms and conditions described in these Byggfix Xpress Terms of Service are subject to change at Byggfix’s discretion pursuant to the Terms of Service.
1.1 Where a Buyer buys an item from a Seller and elects to have such item delivered via Byggfix Xpress, the Buyer shall nominate the transit time, payment method and delivery address for such Byggfix Xpress Item (“Delivery Instructions”). Byggfix shall deliver such Byggfix Xpress Item to the Buyer in accordance with the Delivery Instructions and the Buyer shall be liable to pay a delivery fee, as calculated in accordance with these Byggfix Xpress Terms and Conditions (“Byggfix Xpress Delivery Fee”).
1.2 The delivery address for a Byggfix Xpress Item must be within the delivery zones, as determined by Byggfix. Byggfix may amend the delivery zones at any time, at its sole discretion.
1.3 Byggfix shall hand over Byggfix Xpress Items directly to Buyers whose name and address are listed in the Delivery Instructions. In the event that the Buyer is not present at the delivery address at the time of delivery, Byggfix may hand over the Byggfix Xpress Items to (a) a receptionist, front office staff or internal security staff, where the delivery address is a commercial building, or (b) an immediate family member or household assistant, where the delivery address is a residential building (“Recipient”). Upon delivery, Byggfix shall procure that a proof of delivery slip is signed by the Buyer or Recipient recording the acceptance date, name and status of the Buyer or Recipient (“Delivery Slip”), and the signed Delivery Slip shall be conclusive evidence that the Byggfix Xpress Item has been delivered.
1.4 Where neither the Buyer nor any Recipient is present at the delivery address at the time of delivery, Byggfix shall notify the Buyer of the failed delivery and make the Byggfix Xpress Item available for self-collection at such address determined by Byggfix at its sole discretion. Where the Byggfix Xpress Item has not been collected within thirty (30) days of such notification, the Byggfix Xpress Item shall be deemed to have been delivered.
1.5 Notwithstanding anything stated or implied to the contrary, Byggfix reserves the right to refuse, reject, return or postpone the delivery of any Byggfix Xpress Item where, in its opinion:
(a) the Byggfix Xpress Item is regarded or classified as hazardous material, dangerous goods, prohibited or restricted articles under any applicable laws, regulations or any other national or international rules including, but not limited to, the regulations of IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization);
(b) the Byggfix Xpress Item would be likely to cause damage or delay to other shipments, equipment or personnel; or
(b) where acceptance of the Byggfix Xpress Item may jeopardize the provision of services to other customers and operations of Byggfix, as solely determined by Byggfix.
1.6 Byggfix Xpress Items may be subject to screening which could include x-ray, explosive trace detection and other security screening methods, and Byggfix reserves the right to open and inspect Byggfix Xpress Items without prior notice to the Buyer or Seller.
2.1 The Byggfix Xpress Delivery Fee rates shall be as determined by Byggfix. Byggfix may amend the Byggfix Xpress Delivery Fee rates at any time, at its sole discretion.
2.2 For the purposes of calculating the Byggfix Xpress Delivery Fee, the weight of a Byggfix Xpress Item shall be based on the actual weight or volumetric weight (rounded up to the nearest kilogram), whichever is higher.
2.3 The volumetric weight of a Byggfix Xpress Item shall be calculated using the formula length(cm) x height(cm) x width (cm) / 6000.
2.4 The Byggfix Xpress Delivery Fee shall be notified to, and become payable by, the Buyer at the time of purchase of the Byggfix Xpress Item.
3.1 The Byggfix Xpress Delivery Fee is subject to VAT, and the Buyer shall be responsible for such VAT amount.
3.2 Any other taxes and/or duties applicable to the delivery of the Byggfix Xpress Item shall be borne by the Buyer.
3.3 In the event that the Buyer or Seller does not fulfil its tax obligations in relation to the Byggfix Xpress Item, then the Buyer or Seller (as the case may be) shall be obligated to pay such taxes in accordance with the prevailing laws and regulations, and shall compensate Byggfix for any losses or costs suffered as a result of such non-fulfilment of its tax obligations.
4.1 In the event that the Byggfix Xpress Item is damaged during delivery, delayed or not delivered at all, the Buyer shall notify Byggfix in writing within five (5) business days of the scheduled delivery date, failing which Byggfix shall have no liability to the Buyer or Seller whatsoever.
4.2 All of the original shipping cartons, packaging and contents must be made available for Byggfix’s inspection and retained until the investigation of the damage, delay or non-delivery is concluded.
5.1 Subject to Clauses 4, 5.2 and 5.3, the liability of Byggfix to the Buyer and Seller is strictly limited to direct loss only, and Byggfix’s aggregate liability to the Buyer and Seller will not exceed the following:
(a) for Seller: 10x’s the Byggfix Xpress Item delivery cost or purchase price of the Byggfix Xpress Item, whichever is lower; and
(b) for Buyer: the purchase price of the Byggfix Xpress Item.
5.2 In no event shall Byggfix be liable for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability.
5.3 The Buyer and Seller agree that Byggfix assumes no liability or responsibility:
(a) for its inability to complete the delivery of the Byggfix Xpress Item if the Buyer’s address is incomplete of incorrect;
(b) for Byggfix’s non-compliance with any laws and regulations including export control laws, sanction, restrictive measures and embargoes; or
(c) for any Byggfix Xpress Item that is seized, detained or destroyed by a government authority unless such seizure, detention or destruction.
6.1 Nothing in these Byggfix Xpress Terms of Service shall be construed as constituting any agency, partnership or joint venture between Byggfix and the Buyer or Seller, and the Buyer, Seller and Byggfix shall not represent itself as or hold itself out as having any power or authority to incur any obligation of any nature as agents, partner, employee or representative of each other.
7.1 Byggfix shall not liable to fulfil any obligations under these Byggfix Xpress Terms of Service due to circumstances or events beyond Byggfix’s control, including but not limited to:
(a) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; (b) acts of war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions; (c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery; (d) criminal acts of third parties such as theft and arson; or (e) accidents.
8.1 You acknowledge and agree that Byggfix is entitled to engage, subcontract or outsource third party service provider(s) to perform all or part of the delivery service in United Kingdom or any other location (where applicable) and, in such cases, you thereby agree to be bound by the terms of service of such third party service provider.
9.1 These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of United Kingdom without regard to its conflict of law rules. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these Terms of Service against or relating to Byggfix or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in United Kingdom in accordance with the Arbitration Rules of the United Kingdom International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service, please reach out to us through this form.
Last updated: 16 January 2023