Terms & Conditions
www.courierexpress.mt (‘’Website’’) is a website operated by Courier Express Ltd (“we” or “us”), a Maltese company with company registration number C 87861 and with registered office at Tigne Place, Block 12, Office 2/2, Tigne Street, Sliema SLM 3173, Malta.
We accept certain goods for carriage from our customers (“you”, “your”) subject to these terms and conditions (“Terms and Conditions”).
Please note that certain items are Prohibited Items and cannot be sent by any of our Services. Please check your item against the Prohibited Item list here: <<to insert link for prohibited item list>>. We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Parcel containing the Prohibited Item(s). We have the right to dispose of any Prohibited Items, in whole or in part, as we decide and reserve the right to charge you for any reasonable costs we incur in doing so.
1.1 In these Terms and Conditions the following words have the following meanings:
- "Additional Expenses" means any duty and/or taxes and/or levy, specialist delivery costs or any other unusual expenses that we pay on your behalf.
- "Address" means the address stated in your order that we will try to deliver the Parcel to.
- "Delivered" means delivered to the Recipient at the Address.
- "Fees" means the fees that you must pay for the Services.
- "Goods" means any goods, including, inter alia, documents contained within a Parcel.
- ‘’Intellectual Property’’ means patents, trademarks and service marks, rights in business and trade names and get-up, copyright and neighbouring rights, topography rights, database rights, design rights, goodwill, trade secrets and confidentiality rights, rights in domain names, rights in know-how and all other intellectual property rights and rights or forms of protection of a similar nature anywhere in the world whether or not any of them are registered
- "Late Delivery" means when we fail to meet our delivery estimate by two days or more.
- "Parcel" means any package (and the Goods contained within it) that you give to us and we carry for you as part of our performance of the Services.
- "Prohibited Items" means Goods that we do not accept for carriage which can be viewed from the following link: <<to insert link for prohibited item list>>.
- "Recipient" means the person the Parcel is addressed to or any other person who accepts the Parcel on the Recipient's behalf at the Address.
- “Services” means our carriage of a Parcel to the Address on your behalf.
2. Use of Site for Online Purchases
2.2 We reserve the right to amend these Terms and Conditions. You are asked to check periodically for changes. If we make any changes to these terms, we will let you know as soon as possible by posting the changes on our Website and updating the date below. It is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
2.3 If you have any questions relating to these Terms and Conditions please call us on +356 20996522 from Monday to Friday excluding public holidays between 8:00 and 16:00 or send us an email on email@example.com
3. Submission of Order and Creation of Account
3.1 You must be 18 years of age to use our Services and make an order on the Website.
3.2 To make an online purchase on the Website you will be required register as a registered user of the Website after completing a one-time registration process, which will facilitate the placing of any future online purchase or
3.3 In either case you must read and accept these Terms and Conditions.
3.4 In order to complete full registration as a registered user, you must provide us with all the all the mandatory contact details which we request from you. You must give us your real contact details and make sure they are correct. You must immediately update your personal details, such as your telephone/mobile number or email address, if there are any changes thereto.
3.5 When you complete the registration process as a registered user, you will receive an email from us providing you with a link in order to activate your account.
3.6 It is important that you provide us with your email address (that is easily accessible by you) and your phone number so that we will be able to supply you with important information such as order confirmations. By registering on the Website to purchase our services, you accept that your email address and phone number may be used to supply you with such information.
3.8 When you create an account you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You are and will be responsible for all orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should change the password immediately.
3.9We reserve the right to decline an order or the creation of an account or suspend or cancel your order/account at any time and at our sole discretion and to terminate your access to all or part of this service with or without notice.
3.10 The suspension or cancellation of your account and your right to use the Website shall not affect either party's rights or liabilities.
3.11 When using our online service you accept the need to have your credit or debit card details registered with a third party payment processor before placing an order. These details are not held by us but are held in an encrypted form by the payment processor and will only be used for payment on account and/or payment of services received by you using our service.
4.1 After submitting an order, you will receive an email confirming that your order has been received.
4.2 All orders are subject to acceptance by us by sending you an e-mail confirming that the order has been processed and accepted. At this stage, the contract between us is formed. If, due to a fault attributable directly and solely to us, we will not be able to fulfil your order and you have already effected payment of the Fees in terms of clause 8, we will inform you as soon as possible and provide you a full refund.
4.3 If you would like to contact us regarding an order, you may do so either by calling on us on +356 20996522 from Monday to Friday excluding public holidays between 8:00 and 17:00 or send us an email on firstname.lastname@example.org
5. Your Responsibilities
5.1 You agree and undertake:
i. to carry out your duties under this contract;
ii. that in relation to the Goods you are either solely beneficially entitled to the Goods or have the authority of all those interested in the Goods to enter into this contract and to bind them to its terms;
iii. to allow us and each of our employees, subcontractors and agents to enter your premises safely to provide the Services, and pay us for any costs, expenses, claims, losses, damages and awards we have to pay if you do not;
iv. not to supply to us any:
a) Prohibited Items;
b) Parcels which contain scam mail or any other similar material, including but not limited to Goods or mail sent in furtherance of a fraudulent or criminal act; or
c) Parcels which are bigger than the maximum size or volume we accept at the time that you place your order; or
d) Parcels containing Goods which are illegal, the carriage of which is illegal, or the supply of which to the Recipient is illegal.
e) that any Goods that you supply to us are properly packed and labelled in accordance with any packing instructions that we may provide to you before you submit your order.
f) not to abuse any of our employees, subcontractors and agents.
6. Our Services
6.1 We provide our services only on working days being Monday to Friday from 8.00am till 5.00pm (unless we agree otherwise).
6.2 We will not start our performance of the Services until you have provided the Parcel to us or we have collected the Parcel from you or from any other address which you may instruct in your order, and we obtain a signature at pick up point.
6.3 We may transport the Parcel to the Address by any means.
6.4 If we are unable to deliver the Parcel to the Address, we will contact you for further instructions. We reserve the right to require payment of further Fees should you request that the Parcel is returned to you or that we make a further delivery. If we cannot contact you or you do not respond to our correspondence then we may dispose of the Goods or destroy them. Before we do this we will hold the Goods at your sole risk.
6.5 In the event that you opt for the ‘Express Option’ when placing your order, the Parcel will be delivered within a few hours on the same day subject to acceptance.
6.6 We will have finished our performance of the Services when we have delivered the Parcel to the Address or when we have made the Further Attempts, whichever is the earlier.
6.7 Upon delivery of Parcel you will receive an email notification.
7. Proof of Delivery
7.1 You accept that the following records will be proof that a Parcel has been Delivered:
i. the Recipient's signature (including signature on a handheld terminal) for the Parcel if the Parcel has been Delivered to the Address;
8. Fees and Payment
8.1 You agree to pay the correct Fees before you submit your order.
8.2 If when we perform the Services we have to pay any Additional Expenses then as soon as we notify you of these Additional Expenses you must repay them to us.
8.3 If you breach any of these Conditions then we may charge you reasonable administration fees up to one hundred Euro (€100) (“Administration Fees”). Imposing Administration Fees does not limit or restrict any other rights or remedies that we may have against you. The Administration Fees are a reasonable estimate of the losses that we may suffer if you breach any of these Conditions and the parties agree that the Administration Fees are not penalties.
8.4 We may increase our Fees and/ or our charges for other services.
8.5 If you do not have an account, you must pay and settle all applicable Fees immediately upon placing an order.
8.6 If you have an account you have the option to either pay any applicable Fees immediately upon placing an order or else within thirty (30) days from receiving our monthly invoice. Any amount owing by you to us which is not paid by you on its due date shall bear additional interest at the rate established in accordance with applicable law, which additional interest shall be compounded daily.
8.7 Payment of Fees and/or any other charges as may be applicable must be made either:
i. by credit or debit card through our third-party payment processor;
ii. by bank transfer; or
iii. by cheque.
9. Our Liability
9.1 We shall have no liability for loss or damage or Late Delivery where:
i. the Parcel involved is a Parcel that we do not accept for carriage; and/or
ii. the Goods or Parcels involved are Prohibited Items; and/or
iii. the Goods or Parcels involved are such that we do not accept for carriage. but are sent at your own risk and in respect of which we do not accept any liability for loss, damage or Late Delivery.
9.2 For any other Goods or Parcels we will only be liable to you for loss or damage or Late Delivery of the Goods to the extent that it is caused by our gross negligence, in which case we will pay compensation to you subject to the limits set out in this clause 9 (“Compensation”).
9.3 The Compensation shall be the full extent of our liability to you for loss or damage or Late Delivery of the Goods.
9.4 We will not be liable to you nor pay you any Compensation for any loss or damage that is caused by:
i. any latent or inherent defect in or natural deterioration of the Goods;
ii. our failure to honour "package orientation" graphics (e.g. "UP" arrows, or "THIS END UP" markings);
iii. a Parcel not packed or labelled in accordance with our packaging instructions, incorrectly addressed or accompanied by incomplete dispatch or customs documentation;
iv. any kind of fraud or dishonesty, including where someone misrepresents his authority to receive a Parcel on the Recipient's or your behalf; or
v. your failure to pay the correct Fees
9.5 As we cannot test whether any electrical or electronic equipment that you provide to us in a Parcel is functioning properly before we deliver it for you, we do not accept any liability for:
i. any damage to electrical or electronic equipment; or
ii. any loss of or damage to data on electrical or electronic equipment.
9.6 We will not be liable to you nor pay you any Compensation for Late Delivery which is caused by:
i. a Parcel not packed or labelled in accordance with our packaging instructions, incorrectly addressed or accompanied by incomplete dispatch or customs documentation;
ii. your failure to pay any duties and taxes; or
iii. customs or other regulatory agencies.
9.7 We will also not be liable to you nor pay you any Compensation for loss or damage or Late Delivery if you have breached any of your responsibilities to us.
9.8 We shall not be liable for any physical loss, mis-delivery or damage to any theft-attractive goods.
9.9 We shall not, in any event, be liable for any consequential loss whatsoever and howsoever arising, including any such loss directly or indirectly related to theft-attractive goods, which shall include without limitation all economic losses, loss of profits, loss of reputation and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.
9.10 Our liability to you is only as expressly set out in these Terms and Conditions.
9.11 The following limits apply to our liability to you under this contract:
9.12.1 Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of:
i. €20; or
ii. the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods);
and we will refund your Fees.
9.12.2 Our liability for Late Delivery is limited to refunding the Fees.
9.12.3 Under no circumstances will our liability to you for loss or damage to goods exceed €150.
10. Compensation Claims
10.1 You must notify us in writing of any claim for Loss or Damage or Late Delivery within 3 days of the date of the relevant order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.
10.2 Any claim for Compensation must be made on a properly completed claim form to be provided by us upon request.
10.3 When we receive your claim for Compensation, we require you to back up your claim by providing us with any relevant information about the relevant Parcel and or Goods including without limitation:
i. proof of the Parcel's dispatch;
ii. estimates for the repair of the Goods;
iii. proof of the value of the Goods;
iv. the cost price of the Goods and related proof including receipts; and
v. details of the weight, size, volume and nature of the Goods.
10.4 We may make any investigations that we deem necessary to evaluate any claim.
11.1 You agree to indemnify us and keep us indemnified against any and all losses, damages, costs and expenses that we incur arising out of or in connection with:
i. your breach of a contract; and
ii. any Additional Expenses;
11.2 You agree to indemnify us and keep us indemnified against any and all losses, damages, costs and expenses that we incur arising out of or in connection with the Service.
12.1 We may terminate this contract or stop providing you with any of our Services for any reason by giving you at least 10 days’ notice. You can end this contract by giving us at least 10 days’ notice.
12.2 We may immediately terminate this contract and close your account with us, and not owe you anything if, in our reasonable opinion, you:
i. committed a serious breach of your contract with us or of these Terms and Conditions;
ii. use any of our Services in a way that breaks any applicable law;
iii. use any of our Services fraudulently or in connection with a criminal offence;
iv. fail to pay our Fees within the stipulated time period; or
v. do anything which damages or may damage our reputation or business;
12.3 Either of us may immediately terminate this contract by immediately giving notice to the other, if the other becomes bankrupt or not able to pay its debts or becomes involved in any kind of insolvency proceedings whatsoever.
12.4 If this contract expires or is terminated, we will each continue to retain our rights against each other at the date of such expiry or termination.
12.5 If we receive an item after this contract has expired or terminated, we may, at our absolute discretion, deliver or return such item at a charge which we shall determine.
13. Force Majeure Event
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. Strikes, lock-outs or other industrial action;
ii. An epidemic;
iii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iv. Fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster;
v. Impossibility of the use motor transport or traffic congestion;
vi. Impossibility of the use of public or private telecommunications networks, and
vii. The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
14. Intellectual Property
14.1 You may not use our Intellectual Property except as expressly permitted in this contract and subject to any conditions we feel are necessary. You must not use any other marks or other get up which may be associated with or are confusingly similar to those used by us.
14.2 All right, title and interest in and to our Intellectual Property belongs, and always will belong, to us or any member of our group companies.
14.3 You must not license, assign or register (or attempt any of those acts) in any country our Intellectual Property or any trade marks, designs, domain names, trading names or business names that are similar to ours. You must not license, assign, register or use (or attempt any of those acts) product and service names, logos, trademarks, designs or domain names if they are in a form which is likely to cause confusion or affect the distinctive character of our Intellectual Property.
14.4 This contract does not and will not operate to grant you any rights (including without limitation any right to goodwill) in respect to our Intellectual Property.
15.1 You and we will treat the terms of this Agreement as confidential and will not share any of its contents with another person without the other's written consent.
16.2 If you are not the owner of some or all of the Goods, you will be deemed to be the agent of the owner of those Goods.
16.3 We may subcontract the obligations that we owe to you. Our subcontractor will also be entitled to subcontract its obligations.
16.4 Where the law requires us to communicate with you in writing, we will do so by posting notices on our Website or by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.5 A contract does not create any partnership or joint venture between us and you have no right to contract in our name of or make any promises on our behalf.
16.6 If at any time we have a claim against you and do not pursue that claim quickly, that does not mean the claim cannot be pursued when we are ready.
16.7 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
16.8 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
16.9 A contract cannot be varied without our written consent. Our subcontractors and agents are not entitled to vary a contract.
16.10 Contracts for the purchase of products through our Website will be governed by Maltese law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of Malta.
17.1 We take any complaint very seriously, and we have procedures in place which will allow us to handle any complaint fairly and quickly. If you want to make a complaint, you can call us on +356 20996522 or email us on email@example.com