Sellar Shipping Terms & Conditions

Sellar Shipping Terms and Conditions

Last updated: [01 May 2024]

Please read these terms carefully before you use Sellar Shipping. By using Sellar Shipping you are agreeing to these terms.

We draw your attention in particular to the following provisions:

  • Section 4 (2) – Additional charges which Supplier is responsible for
  • Section 6 (14) – Carrier Terms and Conditions of Carriage
  • Section 6 (20) – Supplier’s communication with Buyers
  • Section 10 (38-43) – Exclusions and limitations of liability

Section 1: Who we are

We are Waffle Tech Limited (trading as Sellar), a company registered in England and Wales under company number 10813202 and with our registered office at Preston Park House, South Road, Brighton, East Sussex, United Kingdom, BN1 6SB (referred to as “Sellar”, “we”, “our” and “us” in these terms).

Throughout these terms we refer to users of the Sellar App who book Consignments using Sellar Shipping as “Supplier”. We refer to Supplier’s customers as the “Buyer”.

Section 2: When these terms apply and interplay with other Sellar products

These terms apply to suppliers using Sellar Shipping. “Sellar Shipping” is one of our suite of products forming part of our online platform for the craft drinks industry and includes app.sellar.io (“Sellar App”).

To access Sellar Shipping you must have an active Sellar Lists subscription and comply with the Sellar Lists Terms and Conditions at all times. “Sellar Lists” is our software-as-a-service product designed to help you manage your inventory, customers and orders via the Sellar App and serves as the basis for the Goods you may choose to get delivered via Sellar Shipping.

As part of your use of Sellar Shipping and Sellar Lists you may also choose to use Sellar Market. If you do, then the Sellar Market Terms and Conditions will also apply.

If there is any conflict or ambiguity between our product specific terms, a provision contained in the terms higher in the list below shall have priority over one contained in the terms lower in the list:

  1. Sellar Lists Terms and Conditions
  2. Sellar Market Terms and Conditions
  3. Sellar Shipping Terms and Conditions

Section 3: The services and our relationship with Carriers

Sellar Shipping provides Suppliers with the option to arrange collection or delivery of their products sold on or off the Sellar Platform (“Goods”) directly via the Platform without the need to arrange delivery directly with a courier company. The Goods that are collectively being collected or delivered as part of an booking made via Sellar Shipping are referred to as the “Consignment” in these terms.

Supplier acknowledges that Sellar is only an intermediary for purposes of Sellar Shipping and provides only some of the technical infrastructure between Supplier and our independent delivery partners (each a “Carrier”) via the use of the Platform. At no time does Sellar handle Goods. All deliveries are carried out by a Carrier, not Sellar. Sellar is not a common carrier and will accept no liability as such.

Sellar reserves the right not to accept a booking for Sellar Shipping in its sole discretion.

Section 4: Pricing

  1. The price payable for a Consignment will be set out to Suppliers during the booking process on the Platform. All prices are exclusive of VAT.

  2. The Carrier may impose additional surcharges to the Consigment depending on the nature of the shipment and delivery destination. This may include:

    1. Additional handling surcharges (such as if the weight and/or dimensions of the Consignment is greater than those declared at the time of booking);
    2. Waiting charges;
    3. Delivery address change charges;
    4. Redelivery or recollection charges;
    5. Charges for rejection or return by Carrier;
    6. Toll charges;
    7. Extended Area surcharges;
    8. Peak Season Surcharges;
    9. Customs or excise duty;
    10. Undeliverable return charges;
    11. Charges incurred in complying with the law or with the requirement of any authority.

    The Supplier is fully responsible for these surcharges regardless of whether the surcharges are due to the action or inaction of the Supplier or the Buyer. Sellar will pass these charges on to Supplier.

  3. Supplier will be invoiced every week for:

    1. all charges accrued for all Sellar Shipping bookings placed for the preceding week.
    2. any additional charges, as set out at 2 above, that have been incurred by Sellar in relation to any booking previously made by the Supplier.

    Payment must be made in full by Supplier within 7 days of invoice. Sellar may automatically charge the payment method you have on account.

  4. Sellar reserves the right to amend its prices at any time.

  5. If Sellar is unable to collect any payment Supplier owes Sellar we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. controlSupplier will pay Sellar the interest together with any overdue amount.

Section 5: Delivery times and location

  1. Consignments will only be collected and/or delivered to the collection/delivery address specified by the Supplier or Buyer.
  2. Sellar and Carrier do not guarantee the collection or delivery of Goods on a specific date. Whilst Sellar and Carrier make every effort to ensure timely deliveries in accordance with estimates provided, delivery times vary based on a multiple of factors and sometimes these factors are beyond Sellar and/or Carrier’s control.
  3. Sellar and Carrier do not guarantee that collection or deliveries will be via a specific route.
  4. Sellar and Carrier do not guarantee that collections or deliveries will be via a specific form of transport unless such a request is made at the time of booking and even if such a request is made Supplier acknowledges that different forms of transportation may need to be used in certain circumstances.
  5. Where delivery is not successful on the first attempt deliveries may be reattempted in accordance with the Carrier’s terms and conditions of carriage.
  6. Proof of collection or delivery of Consignment (including signature, where applicable) will be subject to the Carrier’s terms and conditions of carriage. Proof of collection or delivery, where available, can be requested from Sellar.
  7. Collections and deliveries can only be made to addresses in the United Kingdom, Isle of Man or Republic of Island.

Section 6: Supplier’s responsibilities

  1. Ownership. Supplier warrants that it is either the owner or the authorised agent of the owner of the Goods.
  2. Carrier terms. Supplier acknowledges that Sellar Shipping is provided subject to, and Supplier must at all times comply with, Carrier’s terms and conditions of carriage.
  3. Consignment description. Supplier must ensure the description of the Goods provided is correct and accurate and should include, but not be limited to:
    1. the weight of the Consignment (in kilograms, to the nearest decimal);
    2. a full and accurate name of the recipient at the Buyer;
    3. a full and accurate address of the Buyer including the postcode; and
    4. an email address.
      If Supplier fails to provide all such necessary data then the Carrier may refuse to carry the Consignment and add a surcharge for the cost of returning the Consignment to the collection address.
  4. Contents. Supplier will ensure that the Consignment:
    1. does not exceed the weight or size restrictions of the specific collection/delivery type booked;
    2. does not exceed the value of the local currency equivalent of USD $50,000;
    3. will not contain explosive, inflammable or otherwise dangerous Goods
    4. will not contain any prohibited Goods (including those subject to any applicable sanctions) other than as are specifically disclosed as such.
  5. Packaging. Supplier must ensure that sufficient packaging is used for each Consignment in accordance with any requirements set out by the Carrier but in particular must ensure it is protected against unauthorised interference during transit.
  6. Labels. Supplier must append the labels provided via the Platform to the Consignment.
  7. Collection: Supplier must ensure that the correct Goods are made available for collection by the Carrier from the specified collection address on the scheduled collection date and that the collection location is suitable for the collection of the Goods having regard to the nature of the Goods and the Consignment.
  8. Buyers. Supplier must make its Buyers aware of any relevant provisions of these terms and ensure it communicates with its Buyers in a way so that any key information is shared to reduce problems with deliveries.
  9. Attendance. If the Supplier states when booking that the Buyer will be in attendance to receive the Consignment then the Supplier will ensure Buyer arranges for an invididual to be present to receive the delivery. If Buyer or Supplier requests that the Buyer will not to be in attendance when the Consignment is delivered then the Goods may be left without receipt at the nominated delivery address or delivered via an alternative delivery method.
  10. Applicable laws. Supplier warrants that the Goods comply with the requirements of any applicable law relating to the nature, condition and packaging of the Goods, including any laws or regulations relating to customs or sanctions.
  11. International bookings. Supplier is responsible for:
    1. any and all activity related to customs clearance, to the extent it is not expressly covered by the Carrier;
    2. any applicable customs charges.

Section 7: Insurance

Insurance of the Goods will be Supplier’s sole responsibility and Sellar cannot give any advice concerning insurance.

Sellar does not insure the Goods but does have in place special commodities alcohol license with UPS which insures certain permitted liquid products up to £80 in value.

Section 8: Claims handling service

Administration Fee: for successful claims, Sellar will charge 15% of the total value of the claim received from the Carrier for processing the claim and assisting in the resolution. This will be automatically deducted from the credit note Sellar makes to Supplier.

  1. If Supplier’s Consignment is damaged, lost, or suffers from other issues during transit Sellar provides a claims handling service to facilitate the relevant claim with the Carrier on Supplier’s behalf. Claims are initiated by:
    1. (for damage claims) if Carrier automatically creates a damage claim Sellar will automatically deal with this on behalf of Supplier. If a claim is not automatically created via the Carrie the Supplier can request this by emailing shipping@ sellar.io
    2. (for non-delivery and total loss claims) Supplier can request this service by emailing shipping@ sellar.io.
  2. There is no obligation on the Supplier to use Sellar’s claims handling service and Suppliers may make a claim directly with the Carrier.
  3. None of the terms relating to Sellar’s claims handling service aim to reduce any rights Supplier may have with the Carrier.
  4. A claim should not be made to both Sellar and the Carrier. If Supplier does use Sellar’s claims handling service the Supplier should then only deal with Sellar and not contact the Carrier.
  5. Sellar will claim the maximum compensation available per item as specified by the Carrier.
  6. Only boxed items that are fully enclosed in corrugated card packaging are eligible for damage claims. Lost items, even if not boxed, are eligible for claims.
  7. All claims must be:
    1. (for damage claims) requested by Supplier within 5 working days from the date of delivery; or
    2. (for non-delivery and total loss claims) requested by Supplier within 30 working days from the expected date of delivery

Sellar must then receive full details of the actual claim within:

  1. (for damage claims) (10) working days from the date of delivery

  2. (for non-delivery and total loss claims) 40 working day from the expected date of delivery

    Sellar may increase these time limits upon request from the Supplier in its sole discretion.

  3. As part of our claims procedure, our claims team will contact the delivery recipient at the Buyer to verify the claim. In the event that the delivery recipient fails to respond within 28 days of the date of the message sent by our claims team, Sellar may dismiss the claim at its sole discretion.

  4. Sellar cannot guarantee the success of any claim. For any unsuccessful claim, Sellar will not charge the Supplier.

  5. For successful claims, Sellar will apply the claim value as a credit note against Supplier’s weekly Sellar Shipping invoice referred to at 3.

  6. Sellar may choose not to accept a claim or dismiss any claim which does not adhere to the above criteria in its sole discretion.

Section 9: Cancellation

  1. Suppliers may cancel the collection or delivery of any Consignment.
  2. If Supplier cancels the following charges and refunds will be applicable:
    1. Next day collections/deliveries – Sellar will provide a full or partial refund of the fees paid by the Supplier for the Consignment at its discretion so long as the Supplier has requested the cancellation the working day before the collection/delivery date.
    2. Same day collections/deliveries – Sellar will provide a full or partial refund of the fees paid by the Supplier for the Consignment at its discretion. An additional cancellation fee of £3.50 plus VAT will also apply.

Section 10: Indemnity and liability

Indemnity

  1. Supplier shall indemnify Sellar against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Sellar arising out of or in connection with:
  • any breach of the warranties contained in these terms
  • Supplier’s breach or negligent performance or non-performance of these terms;
  • the enforcement of these terms;
  • any claim made against Sellar by a third party arising out of or in connection with the provision of the services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these terms by Supplier, its employees, agents or subcontractors;
  • any claim made against Sellar by a third party for death, personal injury or damage to property arising out of or in connection with defective Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of Supplier, its employees, agents or subcontractors.

Exclusion of liability

  1. Sellar will not be held liable for losses relating to damage to Goods or lost items during transit or at the nominated delivery address.
  2. Sellar will not be held liable for any losses caused by delayed collections or deliveries.
  3. Sellar will not be held liable for any losses caused or damage to perishable Goods or those requiring a controlled environment (and this will specifically include liquid alcoholic products).

Limitation of liability

  1. Nothing in these terms limits any liability which cannot legally be limited, including liability for:
  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation.
  1. Subject to 41, Sellar’s total liability to the Supplier shall not exceed the greater of (1) the fees due for the Consignment; or (2) £20.
  2. The following types of loss are wholly excluded:
  • loss of profits;
  • loss of sales or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of use or corruption of software, data or information;
  • loss of or damage to goodwill; and
  • indirect or consequential loss.

Section 11: Complaints

If Supplier has any questions about these terms and conditions or would like to complain about any of the services provided by Sellar please contact our customer support team at hello@sellar.io.

Section 12: Other general terms

The other important terms below are the same as in the Sellar Lists Terms and Conditions so references here are to the clause numbers in the Sellar Lists Terms and Conditions and any reference to Sellar Lists shall be deemed to also include Sellar Shipping.

Confidentiality (14), Force majeure (15), Variation (16), Waiver (17), Severance (19), Entire agreement (20), Assignment (21), Third party rights (23), Governing law and jurisdiction (25 and 26).