In these Conditions
- “Company” shall mean Entertainment Magpie Limited
- "Agent" shall mean a person who acts on another’s behalf.
- "Consignee" shall mean the intended recipient of the Shipment as specified to the Company by the Customer.
- "Contract" shall mean the contract of carriage of a Parcel between the Customer and the Company, which shall be deemed to be incorporated into these Conditions.
- "Customer" shall mean the person, or legal entity that enters into a contract for carriage of a Parcel with the Company.
- "musicMagpie.co.uk FREE Courier Service" shall mean a service offered by the Company.
- "Parcels" are defined as weighing less than 15kg and with a maximum of 120cm for the largest single dimension (usually length) or a combined dimension of 225cm, calculated using the largest single dimension plus two times each of the other dimensions.
- "Shipment" shall mean one or more Parcels sent at one time from the same Customer from one address to a Consignee at another address.
- "Goods not accepted for carriage" means any items that are NOT items/products or goods that musicMagpie accept and that you have sold to musicMagpie by successfully entering/scanning the barcode or name, make, model or IMEI number of the item using a musicMagpie valuation service, getting an offer price and creating a unique order which contains these items and having it accepted by musicMagpie who provide email confirmation to you of a successfully completed order and been offered the use of our FREE Courier Service for.
- “Leave Safe Service” shall mean the service by which a Customer decides at their sole discretion to leave the parcel in (a)another place other than inside the their home address and informs the courier where to collect the parcel that is not secured in their home and/or in their possession from.
The Company agrees, only subject to these Terms and Conditions, to carry goods that its accepts (goods that musicMagpie accepts are only those items/products or goods that musicMagpie accept are those that that you have sold to musicMagpie by successfully entering/scanning the barcode or name, make, model or IMEI number of the item using a musicMagpie valuation service, getting an offer price and creating a unique order which contains these items and having it accepted by musicMagpie who provide email confirmation to you of a successfully completed order and been offered the use of our FREE Courier Service for) agreed upon by the Company and the Customer.
The Company is not a carrier and the Customer accepts that the Company will use third party carriage partners to provide and fulfill its FREE Courier Service.
Our FREE Courier Service is available to any customer who completes an order by trading at-least 10 items or has a minimum order value of £5. Each individual transaction has a unique ‘Order Number’ which is issued to the customer upon completion of each individual transaction.
3. Ownership of Goods:
Where the Customer is not the owner of some or all of the goods to be carried by the Company the Customer shall be deemed for ALL purposes to be the Agent of the owner or owners and that if any other person has an interest in the goods the Customer is acting as his fully authorized Agent also.
The Customer or Agent should be aware that the Company does not agree to purchase the items until they have passed Quality Check and been accepted in writing by the Company. As such collection of the goods by a carrier appointed by the Company and/or the provision of a Collection Receipt does not mean that the Company agrees to purchase the goods.
4. Acceptable Types of Goods/Items for Carriage:
The Customer shall not request that the Company or any of its chosen Carriers carry any parcels or goods that are not accepted by the Company and/or contravene any or all of the conditions set out here. The Company and/or its Carriers accept NO liability whatsoever for any losses or harm arising from carriage of any Restricted items, where Restricted items are ALL items that the Company does not accept details of which are given here.
5. The Customer Warrants:
The Customer warrants that they will not supply to the Company any Goods or Items that are NOT accepted by the Company for carriage.
The Customer warrants that all Goods/Items have been properly and sufficiently packaged and labeled in accordance with the instructions issued by the Company on its website www.musicMagpie.co.uk and in email communications with you the Customer. These instructions include the method of packing as prescribed to you the Customer in your Welcome Pack whereby our ‘Clever Box Calculator’ determines and publishes to you what items should go in which box and the number of boxes to be used.
The Customer warrants that the content, nature and type of Goods within the Parcel are as described by the Customer upon any request made by the Company for a description of the Goods to be conveyed. The Customer accepts that it is entirely reasonable for the Company to rely upon the accuracy of the Customer’s description of the Goods which may be unidentifiable to the Company and/or its Carriers being within sealed packaging, in ensuring that the Company complies with its legal obligations not to carry or accept for carriage Restricted Goods/Items that are deemed to be “Dangerous Goods” meaning Goods included in the list of Dangerous Goods as defined in the Classification, Packaging and Labeling of Dangerous Substances Regulations 1984, the Classification, Packaging and Labeling Regulations 1983, the Radioactive Substances (carriage by Road) (Great Britain) Regulations 1974 and the Explosives by Road Regulations 1996 including any other relevant legislation or regulations together with any amendments thereto, or means goods which present a comparable hazard. The Customer will be liable for and indemnify the Company for ANY loss, damage or liability arising from a breach of these warranties in accordance with Clause 10 of these Terms and Conditions.
The Customers warrants that when deciding to use the “Leave Safe Service’ they accept and understand that such use it is their own risk and not unless a genuine receipt, as solely determined by the Company from time to time, for the Goods is in the Customers possession that the Goods have not been collected by the Company and are not in transit. Leave Safe Service is provided to the Customer but the Customer is under no obligation to use the Leave Safe Service and does so at their own risk.
6. Transit, Delivered & Undelivered Goods:
Transit shall commence when a Parcel is handed to the Company at the point of collection specified by the Customer. The Company is entitled entirely at its discretion to convey the Parcel by any means of conveyance and by any route whatsoever.
Transit shall (unless otherwise previously determined) end when the Parcel is accepted at the Company's warehouse.
The Company and it's Carriers will START Transit of the Customer's Goods on the day the Customer has agreed their Parcel(s) to be collected and from the address provided by the Customers to the Company. The accuracy of the address details provided and therefore the point of collection (and start of Transit) are the sole responsibility of the Customer. The Customer fully accepts and agrees that whilst they have been prompted to book a Collection Date, that the Company and it's Carriers from time to time may NOT, on that Booked Date/Day of Collection, be able to Collect (START the Transit of the Goods) the Customer's Goods for whatever reason thereby the Customer agrees, acknowledges and accepts that the Booked Date is subject to change at the Company's sole discretion, from time to time although the Company and its Carriers shall endeavour to do so on the Booked Day/Date and as such the Customer fully accepts and agrees without question that the Company and/or its Carriers shall NOT become liable, whatsoever for any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods save for the exclusions given in clause 8 of these Terms and Conditions.
Transit will START when the Company and/or its Carriers have collected the Parcel from the Customer. The Company will make three attempts to collect the Parcel and after THREE failed attempts the Company may choose to make no further attempts to START Transit.
Any Parcels that enter the Transit process are insured up to the value the Company has placed on the items that the Company understands are contained within the Parcel itself. The items that should be contained within the Parcel and which are therefore insured are both detailed and given an insured value in the Welcome Pack with the relevant ORDER NUMBER is given and in the Customers online account at musicMagpie.co.uk where the ORDER number relating to that Parcel is provided.
To make a claim for a lost order (subject to the Company accepting and confirming that it has not received your parcel), the Customer must posses and be able to provide upon request a valid and authentic collection receipt. Should the Customer NOT be able to provide a valid Collection Receipt for the ORDER that they wish to claim for, the Customer may not be able to make a claim. To start a claim please contact the Company’s Customer Service team directly.
The Company accepts no other valuations other than its own for the items that you may be claiming for and under no circumstances accepts any liability for any other loss, damage or compensation resulting from the use of our service including the use of the courier services.
7. Liability for Loss and Damage:
The Company may from time-to-time accept liability for some physical loss of, or physical damage to, Goods during Transit except to the extent that such loss or damage has arisen from or consists of:
(a) The Customer or consignee insufficiently or improperly labeling, packing or addressing, including providing to the Company and/or its carriers incorrect or missing postcode information.
(b) Act of God, seizure under legal process;
(c) Any consequence of war, invasion, act of foreign enemy hostilities (whether war is declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of or damage to property by or under the order of any government or public or local authority, riots, civil commotion, lockouts, general or partial stoppage or restraint of labour from whatever cause, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, the direct or indirect effect of ionising radiations or contamination by radioactivity.
(d) The Company shall not be under any liability of any kind for goods:
a. Where there has been fraud by the Customer or the owner of the Goods or the servants or agents of either; or
b. For the avoidance of doubt, where the Parcel and/or Goods was not in Transit at the time of loss.
8. Limitation and Exclusion of Liability:
Subject to Clauses 3, 4, 5, 6, 7 of these Terms and Conditions the Company’s liability for the loss of or damage to any goods carried within the United Kingdom (which includes Northern Ireland, and all the islands of the cost of Great Britain, excluding the Channel Islands) shall be limited to the amount that the Customer may claim (subject to the claim provisions in Clauses 6 & 9 of these Terms and Conditions) for the items contained within the Parcel, the valuation method of which and therefore the limitation on liability is provided for in Clauses 6 & 9 of these Terms and Conditions only.
Notwithstanding the above, the Company shall, in no circumstances whatsoever, including negligence, nuisance, breach of contract or non-performance by the Company, be liable to the Customer for:
- any indirect or consequential loss or damage of any kind, including any loss of profits or interest cost and for the avoidance of doubt, the cost of recompiling the information contained on the goods.
- in the case of Parcels consigned to or from Northern Ireland, and islands off the Coast of Great Britain the Company shall have no liability for any loss in excess of the liability specified herein.
Nothing in these Conditions limits or excludes the liability of the Company:
- for death or personal injury resulting from negligence; or
- for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company; or
- for any liability incurred by the Customer as a result of any breach by the Company of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.
9. Claims for loss and damage:
The Customer must notify the Company in writing of any loss or damage, giving rise to a claim within 28 days of the date of commencement of Transit of the affected Parcel.
If the Customer fails to do so, the Company shall not be liable for any loss or damage, save and except where the Customer proves that:
- it was not reasonably possible for the Customer to advise the Company or make such claim in writing within the time limit applicable; and such advice or claim was made within a reasonable time;
The Company may make such investigations as it deems necessary to satisfy itself of the validity of any claim.
10. Customers’ Indemnity:
The Customer shall indemnify and keep the Company indemnified against any and all losses, damages, costs and expenses incurred by the Company arising out of or in connection with the Customer’s breach of any of the warranties provided in clause 5.
The Customer shall indemnify and keep the Company indemnified against all loss, damage, costs or expenses, howsoever arising, including the negligence of the Company, in respect of any damage or loss of every nature beyond the liability of the Company under these Conditions.
The Customer shall, in addition to its obligations under Clause 8, indemnify the Company against any duty, tax or levy not expressly agreed to be paid by the Company under the Contract.
The Customer shall indemnify the Company against any liability arising under Section 30(10) of the VAT Act 1994 (or any analogous provision in any other jurisdiction) or any statutory modification or re-enactment thereof in respect of a failure to export zero rated goods or to comply with any conditions in relation to zero rated goods intended to be exported.
11. Extension of Protection to Employees and Agents:
The Customer acknowledges and agrees that the provisions of Clauses 4, 7, 8 and 9 shall extend to protect and indemnify the employees and agents of the Company and that such provisions have been entered into and shall be enforceable by the Company for itself and as trustee or Agent for such employees and agents.
The Company shall be temporarily relieved of its obligation to perform the Contract to the extent that performance is delayed by fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, and other causes beyond the reasonable control of the Company (a “force majeure event) and for the avoidance of any doubt the Company’s charges shall be payable in full in such circumstances.
Where the Company, at its discretion, is prevented from performing the Contract due to a force majeure event and it returns the Parcel to the Customer its liability shall be limited to the price paid for the Contract and where it is unable to return the Parcel because of the particular circumstances of the force majeure event its liability shall be limited in accordance with Clause 10, without prejudice to the Company’s rights at common law to treat the Contract as frustrated.
The Company may at its sole discretion and without notice withdraw or refuse to offer the FREE Courier Service to any individual Customer, groups of Customer or all Customers.
If any provision of these Conditions is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in full force.
The Contract and these Terms and Conditions shall in all respects be subject to and construed in accordance with English Law.
The Parties to the Contract and these Terms and Conditions hereby submit to the exclusive jurisdiction of the Courts of England and Wales.