Parcel Delivery Terms

1. About these terms

These terms are an agreement between you and Smart Approaches Limited, trading as Smart Eatx, a company registered in England and Wales (company number 14796914), whose registered office is at 4 Admiral Way, Regus House, Doxford International Business Park, Sunderland, Tyne and Wear, SR3 3XW ("Smart Eatx", "we" or "us"). You can contact us at hello@smarteatx.com.

They apply when you create a personal account on our parcel delivery website and whenever you book a delivery there. Please read them before you book: each booking is a separate contract on these terms, as they stand when you book.

They're for consumers: people sending parcels for their own personal use, not for a business. If you send for a business, our Delivery System Terms apply instead.

Our Parcel Delivery Privacy Notice explains how we use personal data, and our Cookie Policy explains cookies. They aren't part of these terms.

2. Who can use the service

You must be 18 or over and live in the UK to create an account and book. Each person may have one account, and you must keep your details accurate.

3. What we do

We collect your parcel from the pickup address and deliver it to the drop-off address, in the areas we serve. You can book a pickup as soon as possible, or for a 15-minute slot up to 5 days ahead, within the booking hours the website shows.

We offer each delivery to our own riders, nearest first. If none of them takes it in time, we may pass it to Stuart, a courier company we work with, whose courier then delivers it. Either way, your contract is with us and we're responsible for the service.

There's a limit on how many deliveries you can book each day, and the website tells you if you reach it. We may change the areas, hours and limits at any time; that won't affect a booking you've already made.

4. Your account

To create an account, you give your name, email address, phone number and a password, and confirm your email address with a code we send you. You use the same Smart Eatx account across our services.

Keep your password and sign-in codes secret. Tell us straight away if you think someone else has used your account. You're responsible for bookings made with it, unless that's our fault.

5. Booking a delivery

To book, you:

1. choose the pickup and drop-off addresses from the suggestions, and add a name and UK phone number for each (an email address and company name are optional for the receiver);
2. choose a size for each package from the list, and say if it's fragile or contains alcohol;
3. add any notes for the rider, and choose what happens if nobody answers at the drop-off;
4. choose when the parcel should be collected;
5. check the vehicle, estimated pickup time and price cap we show you. The price stands for 15 minutes and is updated if you change anything;
6. press Send Package, and confirm payment with your card within 30 minutes.

You can check and correct everything before you press Send Package. Once your card hold succeeds, we confirm your booking on screen, and it appears in your deliveries list. That's when the contract between us is made. If payment isn't confirmed within 30 minutes, the booking is cancelled and nothing is taken.

These terms and your booking are in English. Your bookings stay in your account, and these terms are always on this page.

6. Prices and payment

The price cap. Before you book, we show a price cap: the most the delivery will cost. It's worked out from the vehicle your packages need and the distance by road from pickup to drop-off, at our rates for the area. If you choose to have the parcel returned when nobody answers, the cap includes the return fee. The price you see is the price you pay: there are no other charges, apart from the late cancellation fee described in Cancelling, which is never more than your price cap.

Paying. You pay by card through Stripe, our payment provider. Stripe's checkout may also offer other ways to pay. You can use your saved default card, or another card, and choose whether to save it for next time. We never see your full card number.

The hold. When you book, we place a hold on your card for the price cap. Your bank may show it as a pending payment. When the delivery ends, we take the final price and release the rest. If nothing is due, we release the whole hold. A hold can last up to 7 days, depending on your bank.

The final price. When the delivery ends, we work out the price again by road. You pay that, or the price cap if it's lower:

• Delivered: the price for the trip.
• Returned to you: the price for the trip plus the return fee.
• Cancelled after a rider was assigned: the late cancellation fee.
• Cancelled before a rider was assigned, or ended before anything was collected: nothing.

We email you a receipt each time we take a payment.

7. Cancelling

Your right to cancel under these terms. You can cancel a booking in your deliveries list, giving a reason:

• before a rider is assigned, for free. We release your card hold;
• after a rider is assigned but before they've collected the parcel, for the late cancellation fee; or
• not at all once the parcel has been collected.

The 14-day cancellation right. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 usually give consumers 14 days to cancel a service contract made online. That right doesn't apply to contracts for the transport of goods on a specific date or within a specific period (regulation 28(1)(b)), which is what each booking is. If it did apply to a booking, you'd be asking us to start the service straight away, and you'd lose the right once the delivery was complete. If you cancelled before then, you'd pay for the service provided until you told us. The cancellation rights above apply whatever the case.

When we cancel. We may cancel a booking if we can't find a rider or courier, if an address isn't one we can reach, for safety reasons, or if we reasonably believe the parcel breaks What you can and can't send. If we cancel because of a problem on our side, you pay nothing, and we'll refund any fee taken. If we cancel because your parcel breaks these terms after a rider has been assigned, the late cancellation fee applies.

8. Your responsibilities

You must:

• give accurate addresses, names, phone numbers and notes, and have the right to give us the recipient's details. Please tell them we'll use their details to deliver the parcel, as our Parcel Delivery Privacy Notice explains;
• have the parcel ready for collection at the time you booked, with someone at the pickup to hand it over;
• give the rider the collection code shown in your delivery when they collect, and give the recipient the delivery code so they can give it to the rider;
• pack the parcel securely, so it can travel safely by bicycle, motorbike or car, seal it, and make sure it fits the size you chose, including its weight limit;
• mark it as fragile or as containing alcohol where that applies; and
• make sure the parcel follows What you can and can't send.

If a parcel is bigger or heavier than the size you chose, or isn't ready, the rider may refuse to take it. You're responsible for loss or damage caused by a parcel that breaks these terms, for example harm to a rider or their vehicle.

9. What you can and can't send

You can send documents, gifts and most everyday personal items, if they're packed well and fit the size you choose. You must not send:

• dangerous goods, including explosives, fireworks, flammable liquids or gases, aerosols, gas cylinders, corrosive, toxic or radioactive substances, and loose or damaged lithium batteries;
• anything illegal to own, send or receive, including stolen or counterfeit goods;
• controlled drugs under the Misuse of Drugs Act 1971, psychoactive substances under the Psychoactive Substances Act 2016, and prescription medicines that aren't for the recipient;
• weapons, including firearms, ammunition and replicas, knives and other bladed items, and offensive weapons;
• cash, cheques, gift cards or other money or its equivalent, precious metals and stones, and jewellery or watches of significant value;
• live animals or insects, or human or animal remains;
• age-restricted items other than alcohol, such as tobacco, vapes and e-cigarettes, and lottery or scratch cards;
• anything that needs a special licence, permit or temperature control to carry, such as waste, hazardous materials or chilled medicines;
• perishable food that could spoil, leak or contaminate other items; or
• anything that could harm the rider, damage other items, or that a rider can't safely carry.

A rider may refuse to collect a parcel they reasonably believe breaks these rules, and we may cancel the booking or return the parcel to you. If you're not sure whether something is allowed, ask us before you book.

10. Parcels containing alcohol

You may send alcohol as a personal gift, but not alcohol you're selling. Mark the package as containing alcohol when you book, and both you and the recipient must be 18 or over.

The rider checks the recipient's ID under Challenge 25 and hands the parcel only to someone who proves they're 18 or over with a passport, photo driving licence, PASS card or military ID. A parcel with alcohol can't be left in a safe place or with a neighbour. If nobody can show valid ID, the rider brings it back to the pickup, and the return fee applies, within your price cap.

11. Collection and delivery

We show an estimated pickup time and an estimated arrival time. These are estimates: traffic, weather and finding a rider can affect them, and we can't guarantee them. We'll always try to deliver within a reasonable time.

At the drop-off, the rider hands the parcel to the recipient in person, who gives them the delivery code. If the code is wrong 5 times, the hand-over locks until our support team helps. When the sender allowed it, the rider can instead leave the parcel in a safe place or with a neighbour, as described below.

When Stuart's courier delivers, some steps, such as the codes and photos, may work differently.

12. If nobody's in

When you book, you choose what the rider does if the recipient isn't available:

• Leave at a safe place: the rider leaves the parcel somewhere safe at the address, such as a porch or reception, and takes a photo of where it was left.
• Leave with a neighbour: the neighbour you name takes it in. The rider records who did and takes a photo.
• Ring the doorbell and wait: the rider waits 1 minute after reporting that nobody's answering, then brings the parcel back to the pickup.
• Return to sender: the rider waits 5 minutes after reporting that nobody's answering, then brings the parcel back to the pickup.

For a parcel left in a safe place or with a neighbour, the delivery is complete when the rider leaves it there, and we're not responsible for what happens to it afterwards. If no safe place or neighbour is available, the rider waits 5 minutes and then brings the parcel back.

When a parcel comes back, you pay the trip price plus the return fee, never more than your price cap. Make sure someone at the pickup can take it back. If nobody can, we'll contact you to arrange what happens next.

13. Tracking and contacting the rider

You can follow your delivery live on our website. You'll see the rider's first name and initial, photo, vehicle and rating, and where they are while they have your parcel.

You can call the rider while they have your parcel, and for up to an hour after it's delivered. Use the number only for that delivery. The rider can call the contacts at the pickup and drop-off while they have the parcel.

14. Our responsibilities to you

Under the Consumer Rights Act 2015, we must carry out the service with reasonable care and skill, within a reasonable time, and as we've described it. If we don't, you can ask us to put it right, or for some or all of your money back, as the Act allows.

We're responsible for loss you suffer that's a foreseeable result of us breaking these terms or failing to use reasonable care and skill. Loss is foreseeable if it's obvious it would happen, or if we both knew it might when you booked. We aren't responsible for loss that isn't foreseeable, or for loss caused by events beyond our reasonable control, such as severe weather, road closures or strikes. If one of those delays a delivery, we'll tell you, and you can cancel as set out in Cancelling.

If a delivery can't be completed after collection because of a problem on our side, such as a rider's breakdown, you won't pay for it, and we'll refund you if you've already been charged.

We provide the service for your private use. We aren't responsible for any business loss, such as lost profit or lost business opportunity.

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't allow us to limit. Your statutory rights aren't affected.

15. Lost or damaged parcels

If your parcel is lost or damaged while we have it, because we didn't use reasonable care and skill, we'll pay the reasonable cost of repairing or replacing it, up to £100 per booking. If what you paid for the delivery is more than that, we'll refund that instead. If you're sending something worth more than £100, you may want to insure it yourself.

We're not responsible for loss or damage caused by items you weren't allowed to send, packing that wasn't adequate for the journey, the natural fragility or deterioration of the contents, or what happens after a parcel is left in a safe place or with a neighbour as you asked.

Please tell us as soon as you can, ideally within 7 days of the delivery, at hello@smarteatx.com, with your delivery reference, photos of any damage and packaging, and evidence of the item's value. Telling us later doesn't remove your legal rights, but it makes a claim harder to check.

16. Refunds

We refund to the card you paid with, and email you when we do. Refunds usually take 5 to 10 working days to reach your account, depending on your bank.

17. Complaints

If you're unhappy with a delivery or with us, email hello@smarteatx.com with your delivery reference. We'll look into it and reply as soon as we can.

If we can't resolve your complaint, we'll tell you in writing, with details of an alternative dispute resolution provider and whether we'll use it. You can also take your claim to court, including the small claims track.

18. Suspending or closing your account

You can stop using the service at any time and ask us to delete your account. A delivery under way still completes, and any refund due is still paid to your card.

We may suspend or close your account if you seriously or repeatedly break these terms, act dishonestly or abusively towards our riders or team, or if we need to for legal reasons. We'll tell you why, unless the law stops us. A booking already under way will be completed or cancelled as these terms describe.

19. Changes to these terms

We may change these terms, for example when the law or our service changes. The terms that apply to a booking are the ones on this page when you made it. We'll tell you by email about important changes before they apply to new bookings.

20. The law and your rights

These terms are governed by the law of England and Wales. You can bring a claim in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts there.

• If a court decides that part of these terms can't be enforced, the rest still applies.
• We may transfer this agreement to another company, for example if our business is sold, without reducing your rights. You can't transfer it without our agreement.
• Nobody else has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.
• If we don't enforce a right straight away, we can still enforce it later.

Nothing in these terms affects your statutory rights. For more about them, contact Citizens Advice, or Advice Direct Scotland if you live in Scotland.

21. Contact us

Email hello@smarteatx.com, or write to Smart Approaches Limited, 4 Admiral Way, Regus House, Doxford International Business Park, Sunderland, Tyne and Wear, SR3 3XW. For anything about your personal data, email hello@smarteatx.com.