TERMS AND CONDITIONS
Contractual Relationship
Welcome to By Hand Delivery Services. BHD offers the services which are meant to connect our user and independent third party (Delivery Partner) who provide the delivery services of the users. And if you continue to use our application or website you are agreeing to comply with and bound by the following terms and conditions of using our services. The terms of using govern the access or use an individual, from within the country in the era of applications/websites made available by Occasional Flowers and Gifts PVT. LTD. The Delivery Partners are independent of the Company and the Company offers a site and applications enabling between the User(S) and the Delivery Partner to deliver the goods and it is the sole responsibility of the Delivery Partner to make the delivery of products.
Before booking your Order Request at BHDmobile application or website, the User should read these following T&Cs listed below in full to ensure that the user understand the terms to provide the respective services.These Terms constitute a legally binding and enforceable agreement between User(S) and BHD a logistic company.
Definitions:
The service offered by the Company is that of putting the user(S) and the Delivery Partner in contact only. It is the sole responsibility of the Delivery Partner to make the Delivery of Goods to the destination. The Company is not party to the contract entered into between the user(S) and the the Delivery Partner with regard to the Delivery of Goods. In these T&Cs, capitalized terms shall have the meanings set out below:
Applications: Means the computer applications accessible from a Device and enabling access to the Services and shall include web-site www.byhanddelivery.com and mobile applications By Hand Delivery for Android and iOS.
Assigned Courier: The Courier automatically chosen to provide the Services to the User.
Collection Address: It means the collection address of the Goods stated on the Order Request.
Company: Occasional Flowers and Gifts PVT. LTD.
In these T&Cs, capitalised terms shall have the meanings set out below:
Applications: means the computer applications accessible from a Device and enabling access to the Services and shall include web-site www.byhanddelivery.com mobile applications ByHand Delivery for Android and iOS.
Customer services: care@byhanddelivery.com
Courier: it means the individual, who offers his services via the Applications or Site in order to execute Deliveries of Goods on behalf of the Users.
Goods: it means the item(s) subject to the Order Request, with the exception of the Excluded Items.
Delivery Address: It means the delivery address or multiple delivery addresses for the shipment.
Delivery (ies) of Goods: It means the courier services provided by the Courier(s) to the User via the Applications.
Delivery Zone: It means a zone where the Company offer equal price for different addresses,
Device: It means any mobile or other device like PC, tablet etc.) having an internet connection and able to download, install and use the Applications.
Member: it means either the Courier or the User.
Method of Transport: It means the method(s) used by the Courier to carry the Goods for the purposes of making the Delivery of Goods, including (i) transport on foot, (ii) transport by bicycle, (iii) transport on moped/motorbike, or (iv) transport by land motor vehicle, hereinafter referred to as “Vehicle(s)”.
Offered Price:means a quote, calculated from the tariffs listed on the Site, for the execution of a Delivery of Goods.
Order Acceptance: It means the User's confirmation that the User accepts the Offered Price and grants the Company the permission to bill the User on the Courier's behalf.
Order Details: It means all details to be provided by a User when requesting a Delivery of Goods via the Site or Applications, including the following: Delivery Addresses, timeslots, nature of Goods, weight of parcels, User and Receivers’ valid mobile phone numbers.
Order Request: It means a request by a User for a Couriers' acceptance to provide the Services set out in the Order Details.
Party (ies): It means any of the parties, being the Courier, the User or the Company
Sender: means the individual (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as sender of the Goods, and located at the Collection Address;
Services: It means all services putting the Users and the Couriers in contact, offered through the Site and Applications.
Site: means www.ByHandDelivery.com, providing access to the Services.
Technology t means the Site, Applications and any other method introduced by the Company that allows for the automated placing of orders between a User and a Courier.
Recipient: It means the person (including the agent or representative of a corporate entity) whose identity and contact details are entered in the Site or Applications by the User as Recipient of the Goods and located at the Delivery Address or, where applicable, within a nearby adjacent area.
SC: It means the special conditions of these T&Cs that apply to the Couriers only.
T&Cs: It means these terms and conditions and their schedules, including the Privacy Policy.
"User (or "you" or "your") means the adult individual, or the corporate entity represented by a duly authorized individual, who is resident in the India and requests a Delivery of Goods and to be put in contact with a Courier through the Site or Applications.
Prohibited and Restricted Goods are not accepted
BHD does not accept the goods which are illegal, prohibited or restricted under IPC including but not limited to the Restricted Goods. The User(S) further agrees and understands that any false or misleading statements in this relation may result in penalty action by BHD and under applicable law. There are following restricted goods listed below:
(a) Gold and silver ornaments, other than items hallmarked as per standards set by the Bureau of Indian Standards.
(b) Weapons (chemical), Hazardous goods, and ammunition of any sort.
(c) Items infringing or attempting to pass off any third parties are prohibited.
(d) Hazardous chemicals such as pesticides, organic peroxides etc.
(e) Alcoholic drinks and intoxicating substances of any type including chemical or herbal unless legalized by the government.
(f) Perishable items which require specific controlled-temperature prohibited.
(g) Animals/birds species or containing a part of such animal/bird species of furs, feathers, horns, skin, antlers etc.
(h) Uniforms and badges of any defense personnel or police authorities are not accepted.
(i) Illegal drugs, narcotics or psychotropic substances are strongly prohibited.
(j) Sexually suggestive material and pornographic material are not accepted.
(k) Currency (including Indian or foreign), counterfeit or fake notes or coins.
(l) Gases of any type including inflammable, compressed, liquefied, dissolved under pressure or combustible liquids or solids.
Users(S) acknowledge that the transportations or logistic services are provided by BHD Partner and the Company has not employed any Delivery Partner. Delivery Partners are Third Parties (Independent) to work with BHD platform and shall not represent to be an agent, employees or staffs of BHD. By Hand Delivery does not accept the parcel value of more than 10,000/- (ten thousands) only. BHD and its Partner shall not be liable for any damages or suffered by you or any third party caused by improper packing.
Additional Charges, Cancellation and Refunds
After the accepting your delivery requests our system will assign the delivery partner. And if you wish to modify the accepted order you may incur some additional charges for such modification. Additional charge shall be calculated on the basis of the change in the distance, time taken to complete such task or the size of the delivery package. User(S) cannot requests for cancellation after the Goods have been picked up from the Pick-Up Point. In such an event, BHD will return the Goods to the Pick-Up Point, towards which the.
BHD delivery partner attempts the delivery of the Goods to the Drop Location, and if such packet is unsuccessful on the first attempt, the packet will be returned to the Pick-Up Point, in such cases the charges areapplicable (Entire shipping cost along with the inconvenience fee towards the reverse delivery to the Pick-Up Point are chargeable). If the BHD delivery partner are unable to return the Goods to the Pick-Up Location due to unavailability of the Sender, and if the Recipient or the Sender fails to take delivery of the packets within a period of 15 (fifteen) days, in such cases the goods will be deemed as unclaimed, and BHDhas right to sell without any further notice to the Sender or Recipient.
User (S) and Delivery Partner (Third Partner) Interaction
While accessing the BHDapplication or website, you may enter into correspondence or transactions with Delivery Partner (Third-party) service providers. In case of loss or damages of users’ packet by the delivery partner, the BHD is liable to take strict legal action against the Delivery Partners. BHD Partner is not liable for wrapping the items or pack boxes. It is expected that the user will have everything properly packed and ready before BHD Partner arrives.
Item loss or theft by Delivery Partner
In case of item loss or damages by Delivery partner during transit, Delivery Partner will totally liable for this. Delivery Partner will responsible to pay item amount to the company immediately. In case of loss or theft of users’ packet by the delivery partner, the BHD is liable to take strict legal action against the Delivery Partners. This will be treated as fraud by delivery partner. And if Delivery Partner commits any fraud to gain undue advantage they shall be punished or with fined with 50,000/- (fifty thousand) which may extend to 2,00,000/- (two lakh) rupees, or with both and BHD has right to terminate or disable from the Company Platform.This right to withhold payout including incentives thereof may also be exercised by BHD.
The Delivery Partner shall hold and possess a valid driving license and a valid registration number for the for providing delivery services
Delivery Partner is not permitted to open or do anything to the goods booked by the User(s). In case of BHD suffers any loss due to the Delivery Partner opening or damaging the packet, The Company has the right to recover any loss from the Delivery Partner.
The Delivery Partner must have valid and adequate vehicle insurance and shall ensure that the insurance is valid, up to date.
Force Majeure Event
Means any circumstance not within a Party's reasonable control including, without limitation in such circumstance, the Company accepts no liability for parcel loss or damage (partial or full). Force majeure event are listed below:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) Epidemic or pandemic
(c) Terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) Nuclear, chemical or biological contamination or sonic boom;
(e) Any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) Collapse of buildings, fire, explosion or accident;
(g) any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the Party seeking to rely on this clause, or companies in the same group as that Party);
(h) Non-performance by suppliers or subcontractors (other than by companies in the same group as the Party seeking to rely on this clause) and
(i) Interruption or failure of utility service.
Governing Law and Jurisdiction venue
These Terms shall be governed by the laws of India and the courts at New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.