Transpack Ltd: Online Terms of Sale

1. How these terms work

These Terms of Sale govern the sale, purchase and delivery of any of our products which you have chosen to order. When we accept your order a contract of sale (the "Contract") will be formed between Transpack Limited ("we" or "us") and you on these Terms of Sale.

Please ensure that you have read and understood these Terms of Sale before placing any order.

2. Information about us and how to contact us

We are Transpack Limited, a company registered in England and Wales under number 03392522 whose registered office is at Unit K Griffin Industrial Park, Brunel Road, Totton, Southampton SO40 3SH. Our registered VAT number is 416 5052 20.

You can contact us using the contact information on our website at https://www.transpack.co.uk (the "Site"). If we contact you, we will do so by telephone or in writing using the contact details you provided to us in your order. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.

3. Ordering and acceptance

Placing orders: You can place orders for our products through the Site, by telephone, fax or email, by responding to our quotations or using the forms set out in our catalogues. It is your responsibility to ensure that any information you provide in ordering the relevant product is accurate, and that you have checked your order for errors. See https://www.transpack.co.uk/help/ for further information on ordering.

Registered accounts: We only accept online orders from users who have registered an account with us. If you have not registered an account with us, you will be required to do so prior to placing your order.

UK orders online: We do not accept online orders for delivery to locations outside the United Kingdom, apart from, Jersey and Guernsey. Please contact our in-house sales team to arrange delivery to EU countries or other.

Acceptance of orders: Our acceptance of your order will take place when we confirm acceptance to you (or, if earlier, when we despatch your order), at which point the Contract will come into existence between you and us.

Non-acceptance of orders: If we are unable to accept your order, we will inform you of this by phone or in writing and will not charge you for the product (and will return any payment already received from you). For example, this might be because the product is out of stock, or because we have identified an error in the price or description of the product.

Delivery charges: Sometimes our delivery charges will be more than anticipated when you are checking out through the Site – for instance, if you purchase very bulky items. We will seek your confirmation of any additional delivery charges before despatching your order. If you do not agree to the additional charges, then you may cancel your order.

4. Pricing and payment

Pricing: The prices for our products will be set out on our Site, catalogue or quotation (provided that the catalogue or quotation is still in date).

Processing payments: We will take payment from you at the same time as you place your order, if placed on the Site or by telephone. Otherwise we will contact you to arrange payment. We may also extend credit to selected customers (see "Credit Accounts" below). The payment that you make when placing an order through the Site is a payment made through our nominated payment processing service providers, Sage Pay/Opayo Europe Ltd and PayPal. You can make payment by most major debit or credit cards, including Visa, Maestro, MasterCard or American Express. We will not receive your credit or debit card information as this is processed by our payment processing service providers. We may decline any transaction or instruct our providers to reverse any transaction (for example, to prevent money laundering or fraud).

Credit Account: We may offer credit accounts to certain of our customers, subject to credit checks and purchasing history with Transpack. Depending on the account we have arranged with you, you may be able to place orders against your account over the Site or by any other permitted means. If you have a credit account with us you must make payment against our invoice within thirty (30) days after its date. If you fail to make payment by the due date we are entitled to revoke any credit facility. Credit accounts must be used continuously to avoid automatic suspension on unused accounts.

Bespoke Products: In relation to bespoke products full payment will be required when you place your order. When products are made or printed to order then quantities may vary up or down by 10%, in which case we will ask for additional payment before despatch or issue a partial refund as applicable. Very occasionally our tolerances may exceed 10%, in which case we will discuss with you whether you wish to purchase any quantities exceeding the 10% tolerance.

Failed payments: If you are unable to pay via the Site then contact out sales team on 02380 869999 to make a card payment on the phone or you can do a bank transfer. 

VAT: Unless otherwise provided in the listing, all prices and charges are advertised exclusive of VAT.

Mistakes in product pricing: If any product featured on the Site, our quotation or our catalogue is incorrectly priced then we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error was obvious and could reasonably have been recognised by you, we may end the Contract, refund you any money you have paid and require the return of any product already provided to you.

5. Products and quality

Product images: The images of the products on our website are for illustrative purposes only. Products may vary slightly from those images, especially in colour as you view it from different types of screens. Please request a sample if colour is important. Transpack will not be held responsible for your "colour expectations/perception" if a sample is NOT approved. 

Stated sizes and gauges: Due to the nature of our manufacturing processes, the sizes and gauges of our products can vary slightly from batch to batch. We do not warrant that our products will exactly meet stated sizes and gauges (but our products will not exceed normal trade tolerances).

Product warranty: We provide a warranty that our products will be of satisfactory quality and free from defects for a period of sixty days from delivery. If any defect arises in our products during this warranty period (and that defect is not caused by an excluded reason set out in the next paragraph), please contact us and we will replace them. We may ask you to return the products to us for inspection before we replace them. Any replaced products will be warranted only for the remainder of the original warranty period.

When our warranty will not apply: Our product warranty will not apply if you have provided the products to any third party, or to any defect in the products which is caused by:

• fair wear and tear;
• wilful damage, abnormal storage conditions, accident or negligence by you or by any third party; or
• damage caused during transit if the claim is not notified to us within ten (10) days after despatch.

Consumer rights: This section is in addition to any legal rights you may have as a consumer in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6. Delivery

Delivery time and costs: The costs of delivery will be as displayed to you on our listing or as chosen by you at the time of placing your order. See https://www.transpack.co.uk/delivery/ for our different delivery times and their respective costs.

Delays outside our control: If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

Collection by you: If you have asked to collect the products from our premises, you can collect them from us during office hours, weeks days only: 08:30 - 16:00.

Delivery location: We will deliver the products to the delivery address specified in the relevant order via a courier. We will not deliver to any PO Box address. Deliveries made by our national carriers are to the front door of ground floor locations only. The delivery driver may, if requested and at his/her discretion, assist with delivering the goods to another location within the delivery address, but if so such assistance shall be entirely at your risk and we will have no liability to you for any damage or losses caused as a result.

If you are not present when the product is delivered: If no one is available at your address to take delivery and the products cannot be posted through your letterbox or otherwise safely left at your premises, we (or our appointed carrier) will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery: If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If we are unable to contact you or re-arrange delivery or collection we may end the Contract without offering you any refund.

Error in Postcode or address details: If a client supplies the incorrect postcode or delivery address, they will be responsible for the cost of a redelivery to the corrected address.

Title and risk: Each product will be at your risk from the time we deliver it to the address you gave us or you (or a carrier organised by you) collect it from us. You own any product once you have paid for it in full.

Shortages in delivery: We will not be liable for any shortages in delivery unless the claim is notified to us within 10 (ten) days after receipt of the products.

Loss in Transit: If any products are lost in transit we will replace them without charge, providing you notify us within 9 days from despatch of the non delivery.

7. Cancellation, Termination and Returns

UK consumer cancellation rights: If you are a consumer in the UK, then you have cancellation rights which are prescribed by law. CLICK HERE to see these in detail.

Other cancellation rights: If you are a business, or if you are a consumer outside the UK, then if on delivery any products are defective or damaged, then you may cancel your order and return them, provided that you do so within 10 days (maximum 14 days) after delivery, and we will issue a refund or credit note for any products returned in accordance with these Terms. Otherwise, you have no rights of cancellation.

Customised/ Bespoke Products: You will not have any cancellation rights in relation to customised products (for example, our printed and bespoke polythene bags). All rights, including intellectual property rights, in any drawings, specifications, patterns, materials, tools and any other works or data created by us in relation to any customised products shall remain our property unless we expressly agree otherwise with you.

Termination by you: You may terminate the Contract by written notice to us if:

• we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; or
• we are in material breach of the Contract and have not remedied that breach (if capable of remedy) within thirty (30) days of receiving notice requiring its remedy.

Termination by us: We may end the Contract by written notice to you if:

• you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
• you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
• you are abusive to our staff, if they have followed all procedures to help you as best they can.

If we end the Contract for any of these reasons we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of the Contract.

Returning products: To return products, please contact us for a return reference number. You must send the products to us by post or courier within 10 days (maximum 14 days) after telling us you wish to end the Contract, and all products must be securely packaged and returned unused and in a saleable condition (unless the products are being returned because they are damaged). Returns are at your cost and risk, and you will be responsible for insuring any products during transit, unless you terminated the Contract for one of the reasons set out in the section "Termination by you", in which case returns shall be at our cost and risk using our nominated carrier.

How we will refund you: If you are entitled to a refund then we will refund you by the method you used for payment ie card, BACS, PayPal etc

8. Our liability

This section explains the ways in which our liability to you is limited and excluded.

• Where we do not limit or exclude our liability - We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this section and the rest of these Terms of Sale.
• No implied terms - We provide our products on these Terms of Sale. To the fullest extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute or otherwise.
• No indirect or consequential Loss - We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our products. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you place your order or which are not caused by our breach.
• No liability for certain kinds of loss - We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. We are not liable for business losses.
• Cap on Liability - Our total aggregate liability to you under or in connection with the Contract will be limited (whether arising in negligence, including tort, breach of contract or otherwise) to a sum equal to the amount paid by you under the Contract.

9. General

Entire Agreement: The Contract constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the Contract it does not rely on any representation or warranty not set out in the Contract.

Variation: The Contract may only be varied by the written agreement of the parties (other than in relation to our gift cards, where we reserve the right, acting reasonably, to vary the applicable terms in order to reflect changes in our practices).

Assignment: We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

Third Party Rights: The Contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to it.

Severance: Each of the paragraphs of these Terms of Sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Disputes and Governing Law: The Contract is governed by the law of England and Wales. If any dispute arises between the parties to the Contract then they will attempt to resolve that dispute through discussion in good faith. If they are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to the Contract or its subject matter.

Your cancellation rights as a UK consumer

Legal cancellation rights and why they don't apply to most of our products: Consumers in the UK are generally entitled by regulation to certain cancellation rights in relation to contracts concluded at a distance. If you are a consumer located in the UK, you will have the cancellation rights set out in this section in relation to any non-customised products you may order from us. However, you will not have any cancellation rights in relation to customised products (for example, our printed and bespoke polythene bags).

Your statutory cancellation rights: You can change your mind and exercise your right to cancel your order for any non-customised products at any time up until fourteen days after receipt of the products. If the products are split into several deliveries over different days you have until fourteen days after receipt of the last delivery to change your mind and cancel.

How to tell us you are cancelling the Contract: If you wish to end the Contract with us please let us know by doing one of the following:

• Phone or email: Call customer services or email us at sales@transpack.co.uk. Please provide your name, address, details of the order (including our sales order number) and, where available, your phone number and email address.
• By post or courier: You may print off the Model Cancellation Form set out below and send it to us at the address on the form, or you may simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

Model Cancellation Form

• Downloadable Microsoft Word version
• Downloadable PDF version

Cancellation Form
To:	Transpack Limited Unit K Griffin Industrial Park, Brunel Road, Totton, Southampton SO40 3SH sales@transpack.co.uk
I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on:
Name of Consumer:
Address of Consumer:
Signature of Consumer:
Date:

How we will refund you: We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds on cancellation: If you are exercising your legal right as a consumer to cancel your order:

• we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
• the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within seven days at one cost but you choose to have the product delivered within one day at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When your refund will be made: If you are exercising your legal right as a consumer to cancel your order or terminating the Contract your refund will be made within fourteen days from the day on which we receive the products back from you or, if earlier, within fourteen days from the day on which you provide us with evidence that you have sent the products back to us.