Customer Terms and Conditions
Our Terms and Conditions
1. THESE TERMS AND CONDITIONS
1.1. These Terms and Conditions constitute the terms and conditions for the provision of services via the Shopmat mobile application (App) and our website shopmat.co.uk / shopmat.pl (Website) (Terms and Conditions) (collectively referred to as the Platform). Please read these Terms and Conditions carefully before using or registering on the Platform.
1.2. The following Terms and Conditions also apply to your use of the Platform: Terms of Use for the App and Website, our Fair Use Policy, Privacy Policy, Cookie Policy, Complaints and Claims Procedure, and Cancellation Policy.
1.3. We may amend these Terms and Conditions from time to time. For a list of changes and their implementation date, please contact us by email at office@shopmat.co.uk (GB) or biuro@shopmat.pl (PL)
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are: We are Shopmat LTD, a company registered in England and Wales and operating in partnership with the MARS Foundation, registered in Poland. Our company registration number is 13103092, and our registered office is at Suite 18 Equity Chambers, 249 High Street North, Poole, United Kingdom, BH15 1DX. Our VAT number is 392249574.
2.2. What we do: We provide an online platform that allows customers to connect with providers of courier, delivery, and/or chauffeur-driven vehicle rental services (Platform Services). The courier, delivery, or driver-driven vehicle rental services available on our Platform are described on our Platform (Driver Services). You can place orders for Driver Services through the Platform (Job Entries) by registering an account with us or as a guest. We are not a provider of delivery or courier services, and at no time will a contract be formed between you and us for the provision of Driver Services. Any contracts entered into with a Driver are solely between you and the Driver.
2.3. How to Contact Us. You can contact us by email at office@shopmat.co.uk (GB) and biuro@shopmat.pl (PL).
2.4. How We May Contact You. If we need to contact you, we will do so using the contact details you provided when registering/applying for Driver Services.
3. REGISTERING AND ORDERING DRIVER SERVICES
3.1. After registration, you can manage your access rights and account settings. These Shopmat Terms of Use and all other Shopmat terms (as described above in Section 1.2) apply to every user of the Platform, regardless of the nature of their membership with Shopmat. Therefore, it is your responsibility, as the account creator and/or user, to use the Services knowingly and to comply with all applicable Shopmat terms and conditions, and to assume full legal responsibility for your actions.
3.2. To submit a Job Request on the Platform, you can:
(a) register an account on the Platform and post Job Requests; or
(b) post Job Requests on the Platform and make a purchase as a guest.
3.3. You must be at least 18 years of age to register an account with us.
3.4. When submitting a Job Request on the Platform and/or by phone, you will be required to provide the following information, including (where applicable):
(a) pickup/delivery; name, phone number, email address, and company name (optional);
(b) the date, time, and correct location(s) where the Driver Services are to be provided (see sections 3.5 and 3.10 below);
(c) the number of people required to complete the Order and whether driver assistance is required, such as assistance with loading/unloading (see sections 3.6-3.8 below);
(d) as much information as possible regarding the specific delivery instructions related to the Driver Services (see also section 3.9 below);
(e) the size, quantity, weight, and description of the item (optional) (see section 3.12 below);
(f) the required vehicle, including any optional requirements such as a refrigerated/freezer unit, tail lift, tarpaulin, pump truck, etc. (see section 3.12 below);
(g) any issues that may hinder the provision of the Driver Services, such as road width restrictions, access restrictions, steps, parking restrictions, etc.;
(h) the cost value of the goods transported (optional, see sections 5.2 and 5.3 below);
(i) your and the recipient’s contact details for each stop;
(j) billing information.
3.5. Please ensure that the correct address for each stop is provided in the Order. Drivers reserve the right to charge the full fee for any order that must be cancelled/abandoned in such cases. If a Driver accepts a change of address that results in additional mileage, you will be responsible for any additional mileage caused by the incorrect location provided in the Order, as well as any waiting time.
3.6. If assistance with loading/unloading is required by the Driver and this was not specified in the original Order, the Driver reserves the right to cancel their Driver Services, and cancellation fees will be charged in accordance with our Cancellation Policy. If drivers agree to additional loading/unloading, additional fees will be charged in accordance with our Additional Fees Policy. Please note that some Drivers may have disabilities that may hinder their ability to unload/load. Therefore, please complete the Order carefully and provide as much information as possible, as fees may apply in accordance with this section.
3.7. We offer a free 20-minute waiting window for every order. If the waiting time exceeds 20 minutes (maximum 40 minutes), additional fees will be charged in accordance with our Additional Fees Policy. If the waiting time exceeds 40 minutes for a order, Drivers reserve the right to cancel the Driver Service, and you will be charged in accordance with our Cancellation Policy.
3.8. In your Order Submission, you must confirm whether delivery locations have opening/closing hours, e.g., warehouses, etc., and whether someone is available to deliver/collect the goods. You must allow the Driver sufficient time to reach the delivery location, allowing at least one hour for traffic disruptions and other unforeseen events. We reserve the right to charge additional fees, which may include, but are not limited to: storage fees, loss of revenue for the Driver, additional mileage, and waiting time. These fees will be assessed individually, depending on the circumstances, and itemized for clarity.
3.9. Regarding deleting a delivery stop in an Order after it has been posted on the Platform:
(a) If the Order is in “Pending” status (the driver has not yet accepted the Order), you may change the route by canceling the Order and rebooking it, or by editing the existing Order and removing the required stop. In such cases, no fees will be charged.
(b) If the Order is in “Accepted” status (the driver has accepted the Order) and is not subject to the cancellation fee period as above, you may cancel the Order and rebook it, or by editing the existing Order and removing the required stop. In such cases, no fees will be charged.
(c) If the Order is in “Accepted” status (the driver has accepted the Order) and is subject to the cancellation fee period, or if the Order is in “In Progress” (the driver has initiated the Order), you may delete the stop, but the full fee will be charged and the driver’s remuneration will remain unchanged.
3.10. You or anyone you provide access to your account is solely responsible for providing accurate information, as specified in Section 3.4 above, when submitting a Job Request.
3.11. If you provide specific requirements or standard operating procedures in your Job Request, we will make every reasonable effort to inform Drivers and ensure that they provide the Driver Services in accordance with your requests. However, we cannot guarantee that Drivers will always comply with these requirements in every respect, and we are not liable for any failure by a Driver to comply with such requests.
3.12. If incorrect information provided in a Job Request results in the Driver refusing to accept the Job and/or an unsuccessful delivery, for example, if you provide the incorrect vehicle type, weight/size/quantity of the item, and/or provide insufficient access information, etc., you will be charged the full fee.
3.13. You will be liable for Additional Charges if you provide incorrect information in your Request for a Job which results in additional waiting time and/or additional charges, e.g. incorrect and/or restricted information regarding: names, contact details, addresses, road/parking restrictions, access, need for assistance, etc.
3.14. By placing an Order, you agree that the Driver Services you request will not be used to pick up, deliver, and/or transport any item or items that are Prohibited, unless you obtain consent from Shopmat via email.
3.15. If you are a business customer, to protect our legitimate business interests, you agree not to contact a Driver directly without our prior written consent, without using our Platform, to request services that are substantially the same or similar to the Driver Services. We reserve the right, in our sole discretion, to suspend or terminate the provision of the Platform Services to you without any liability if you breach this Section 3.13. We reserve the right to charge you an amount equal to the fees we would have received for services provided to you in breach of this Section.
3.16. We reserve the right to charge Customers Additional Fees and/or pay the full amount if the Customer fails to provide accurate and/or sufficient information in the Order and/or during the telephone conversation to provide the Driver Services. We also reserve the right to refuse account registration or suspend or block access to the Platform in the event of a violation of any of these Terms.
4. DRIVER AGREEMENT
4.1. Shopmat is not a courier company and does not provide delivery services. Shopmat acts as an intermediary connecting you with the Driver for the purpose of providing the Driver Services. You acknowledge and agree that the Driver Services are provided pursuant to an agreement between you and the Driver, and not pursuant to these Terms or any other agreement entered into with Shopmat.
4.2. Upon acceptance of the Order, the Driver may provide you with the terms and conditions governing the provision of the Driver Services (the Driver Terms and Conditions). In the absence of such Terms, the provision of Driver Services by a Driver to you will be subject to the Driver Terms and Conditions attached in Appendix 1 (Driver/Customer Terms and Conditions). For the purposes of these Terms and Conditions, references to “Driver/Customer Agreement” mean the Driver Agreement or Driver/Customer Terms and Conditions, as applicable.
4.3. We carry out standard identity and insurance verification checks on Drivers registered with us, but we make no representations, warranties, or promises regarding the Driver Services they provide, and we have not verified the Driver Services they provide. We do not verify the accuracy, truthfulness, or completeness of the information provided to you by Drivers at any time, and we are not responsible for it.
5. INSURANCE AND COMPENSATION FOR LOSS/DAMAGE
5.1. When placing an Order, you will have the opportunity to determine the cost of transporting the goods.
5.2. If you specify the cost value of your goods in your Job Request, the Job will only be available to Drivers with insurance corresponding to that value, and the Driver’s liability to you for any losses you suffer due to misdelivery or damage to your Parcel(s) will not exceed the total value of the Parcel(s) specified in the relevant Job Request.
5.3. If you do not specify the value of the goods in your Job Request, your Parcel(s) will be covered by aggregate insurance up to the limits specified in sections 5.4 and 5.5, covering all losses you suffer due to misdelivery or damage to your Parcel(s), and the Driver’s liability to you for such loss, misdelivery, or damage will not exceed that amount.
5.4. Subject to section 5.5, we will ensure that each Driver has goods in transit insurance with a minimum value of 10,000 GBP (GB) and 20,000 PLN (PLN) for delivery vehicles. For information regarding passenger cars, please see Section 5.5 below.
5.5 Please note that we may grant membership to our Platform to Drivers who provide Driving Services by car and therefore do not have goods in transit insurance for the value specified in section 5.4. In such circumstances, you will be informed of this at the time of acceptance of your Order, and we will cover the cost of any valid claims made to us in accordance with our Complaints and Claims Procedure for any losses you suffer due to misdelivery or damage to your Parcel(s), up to a maximum aggregate value of £250 (GB) and 500 PLN (PLN) per Order. For items exceeding £250 (GB) and 500 PLN (PLN), only drivers with goods in transit insurance for a minimum value of £5,000 (GB) and 10,000 PLN (PLN) will be selected.
5.6. Drivers are obligated to not accept Packages that are visibly damaged, opened, or tampered with. Ensure that appropriate procedures are in place to confirm that the Package(s) are delivered to the Driver in good, undamaged condition, and acknowledge that failure to follow these procedures may affect the outcome of any claims for loss or damage.
6. CANCELLATION OF DRIVER SERVICES
6.1. If a Work Order is canceled within 15 minutes of its submission, no fees will be charged. However, cancellation fees will apply if the Work Order is canceled after this time period, in accordance with our Cancellation Policy. Details can be found in the Driver/Client Agreement.
7. PAYMENTS
7.1. Payments for Driver Services are collected via the Platform. Once a Job Order is placed and accepted by the Driver, a “hidden payment” is debited from the card registered to the account. Payment is only debited from the card upon completion of the job or in accordance with previously agreed payment terms with Shopmat. If the job is canceled before completion, provided the cancellation does not violate our Cancellation Policy, the “hidden payment” will be canceled and no payment will be taken.
7.2. Upfront payments for Driver Services can be made by debit or credit card, and all payments will be processed by our third-party payment processor, Revolut. Alternatively, payment can be made via a credit account (upon request), which is paid in accordance with agreed payment terms.
7.3. Payments cannot be made directly to the Driver.
7.4. We will pay the Driver 14 days after the relevant Driver Services have been completed, the goods have been delivered, and receipt has been confirmed, or after the Driver has provided other reasonable evidence of delivery of the goods to the delivery location(s), as specified in the Work Order.
7.5. If you are a business customer with a business account, we reserve the right to charge you the full amount for any Work Orders placed through the Platform, up to the credit limit previously agreed with the customer account holder, regardless of whether they were approved pursuant to an internal customer order or other approval procedure. We will not be liable for crediting or refunding any fees for Driver Services provided in response to any order placed by you or anyone you allow to access your customer account.
7.6. Shopmat reserves the right to charge statutory interest and collection costs (unless a different interest rate is separately agreed with you in the contract) for late payments.
8. PRICE CHANGES
8.1. Prices are set on the Platform at the time you receive a quote by submitting a Job Request. We will adjust the Prices periodically and/or annually to reflect increases or decreases in the cost of the Platform Services relative to the Consumer Price Index (CPI) in the previous year.
8.2. We will notify you in writing of any proposed changes one month in advance, specifying the percentage increase or decrease.
8.3. Any questions regarding the proposed changes must be raised before they take effect; otherwise, they will be deemed accepted.
9. WITHDRAWAL OF SERVICES
9.1. We may discontinue the Platform Services at any time. We will notify you as soon as possible in advance, and you will not be charged any fees for uncompleted assignments, unless the withdrawal occurs due to an event beyond our control (as defined in clause 11 below).
10. SUSPENSION AND TERMINATION
10.1. We may suspend the Platform Services. We may do so:
(a) to address technical issues or implement minor technical changes;
(b) to update the Platform Services to reflect changes in applicable laws and regulatory requirements;
(c) to implement changes to the Platform Services;
(d) if you fail to make a payment on time and continue to fail to make a payment within 7 days of a payment due reminder; or
(e) if you breach these Terms.
10.2. We may terminate your use of the Platform if you breach any of these Terms.
10.3. You may terminate your agreement with us for the Platform Services at any time by contacting us using the contact details on our Contact Page.
10.4. Termination of your agreement with us will not affect any Driver Services that are due. If you wish to cancel such Driver Services, this decision will be made in accordance with the Driver/Customer Agreement and our Cancellation Policy.
11. OUR LIABILITY
11.1. Our Liability to Consumers. We are liable for losses you suffer as a result of our breach of this Platform Services Agreement unless the loss is:
(a) Unexpected. It was not obvious that it would occur, and nothing you told us before accepting your order for the Platform Services meant that we should have expected it (and therefore, as a matter of law, the loss was unforeseeable).
(b) Caused by a delaying event beyond our control. Provided that we have taken the steps set out in clause 11 below.
(c) Avoidable. Something that could have been avoided by taking reasonable steps. For example, damage to your own digital content or device caused by digital content we have provided and which could have been avoided by following our advice regarding a free update, following the installation instructions correctly, or meeting the minimum system requirements recommended by us.
(d) Business Loss. Our liability for any losses you suffer in connection with your business, trade, or profession is limited as described in Section 10.2.
11.2. We are not liable for losses you suffer under the Driver/Customer Agreement.
11.3. Our liability to businesses. If you are a business, except for the losses described in Section 10.4:
(a) we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss of profit or any indirect or consequential losses arising out of or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to £250 (GBP) and PLN 500 (PLN).
11.4. Losses We Never Limit or Exclude. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (where applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the implied terms contained in section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful to exclude or limit our liability.
12. WE ARE NOT LIABLE FOR DELAYS BEYOND OUR CONTROL
12.1. If the provision of the Platform Services is prevented or delayed due to an event beyond our control, such as an act of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil unrest or riot, war, threat of war or preparations for war, armed conflict, any law or action taken by a government or public authority, collapse of buildings, fire, explosion or accident, or interruption or failure of utility services, we will contact you as soon as possible (via the Platform or directly using the contact details provided when registering/submitting your Job Request) to inform you of this and will use our best efforts to shorten the delay.
12.2. In such a case, we will not compensate you for the delay, but if the delay is likely to be significant, you may terminate your contract with us.
13. YOUR DATA
13.1. We process your data in accordance with our Privacy Policy and Cookie Policy.
14. COMPLAINTS
14.1. We hope you will be satisfied with the services provided on our Platform. However, if you have any complaints, you have several options for resolving them.
14.2. Our Complaints Policy. If you have any complaints about the Platform Services or Driver Services, please contact us in accordance with our Complaints and Claims Policy. All complaints submitted to us will be resolved in accordance with this Policy.
14.3. You can bring a claim in court. These Terms are governed by English law, and regardless of where you live, you can bring claims against us in the English courts. If you live in Wales, Scotland, or Northern Ireland, you can also bring claims against us in the courts of the country where you live. We can bring a claim against you in the courts of the country where you live.
15. ANTI-BRIBERY AND CORRUPTION
15.1. Shopmat makes every effort to comply with all applicable anti-bribery and corruption laws, statutes, and regulations, including, but not limited to, the Anti-Bribery Act 2010 (Relevant Requirements), and requires its customers to do the same.
15.2. If you are a business, during the term of this Agreement, you and all your agents, consultants, contractors, subcontractors, or other persons involved in the performance of your obligations under this Agreement agree to:
(a) comply with all applicable anti-bribery and corruption laws, statutes, and regulations, including, but not limited to, the Anti-Bribery Act 2010 (Relevant Requirements);
(b) not engage in any activity, practice, or conduct that would constitute an offence under Section 13 of the Code of Criminal Procedure. 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct took place in the UK or Poland;
(c) notify us (in writing) if you become aware of any breach of clause 15.2(a) or clause 15.2(b) or have reason to believe that you have received a demand or request for any undue financial or other advantage in connection with the performance of this agreement;
(d) ensure that any of your agents, consultants, contractors, subcontractors or other persons engaged in the performance of your obligations under this agreement do so only under a written agreement that imposes on and protects against such person terms equivalent to those imposed on them in this clause 15 (Material Terms). You will be responsible for the compliance and performance of the Applicable Terms by such persons and will be directly liable to Shopmat and/or any other third party affected by any breach of any Applicable Terms by such persons;
(e) you will have and maintain throughout the term of the Agreement your own policies and procedures, including, without limitation, the relevant procedures set out in the Bribery Act 2010, to ensure compliance with the Applicable Terms and clause 15, and you will enforce them where applicable;
(f) you will (at our option) certify to Shopmat in writing, signed by you or a representative of your company, compliance by you and all persons associated with you with this clause 15.
15.3. For the purposes of this clause 15.2(e), the meaning of relevant procedures and a foreign public official, and whether a person is associated with another person, shall be determined in accordance with section 15. section 7(2) of the Bribery Act 2010 (and any guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and section 8 of that Act. For the purposes of this clause 15, a person connected with you includes, among other things, any of your subcontractors.
16. ANTI-SLAVERY AND HUMAN TRAFFICKING
16.1. In performing your obligations under this Agreement, you and any of your agents, consultants, contractors, subcontractors or other persons engaged in the performance of your obligations under this Agreement must:
(a) comply with all applicable anti-slavery and human trafficking (Anti-Slavery) laws, statutes and regulations, including, without limitation, the Modern Slavery Act 2015;
(b) not engage in any act, practice or conduct that would constitute an offence under Section 1, 2 or 4 of the Modern Slavery Act 2015 if such act, practice or conduct occurred in England and Wales or Poland;
(c) include in your contracts with agents, consultants, contractors, subcontractors, or other persons involved in the performance of your obligations under this agreement anti-slavery and human trafficking provisions that are at least as onerous as those set out in this Clause 16;
(d) notify us immediately upon becoming aware of any actual or suspected breach of Clause 16.1(a) and Clause 16.1(b) in your business/supply chain that relates to this agreement;
(e) implement due diligence procedures on your suppliers, agents, consultants, contractors, subcontractors, or other participants in your supply chains to ensure there is no slavery or human trafficking in your supply chains;
(f) provide all reasonable assistance, including, without limitation, enabling Shopmat to conduct periodic audits of your business (at our discretion), to demonstrate to us that you are complying with your obligations under anti-slavery laws.
16.2. You represent and warrant that your employees and/or agents, consultants, contractors, subcontractors, or any other person engaged in the performance of your obligations under this Agreement have not been convicted of an offence related to slavery or human trafficking, nor have they been the subject of any investigation, prosecution, or enforcement proceedings for any offence or alleged offence related to slavery or human trafficking.
16.3. A breach of this Section 16 will be deemed a material breach, constituting grounds for termination of this Agreement and prohibition from using the Platform.
17. OTHER IMPORTANT TERMS
17.1. We may transfer this agreement to another person. We may transfer our rights and obligations under these Terms to another organization. We will contact you to inform you of the intended transfer and assure you that the transfer will not affect your rights under this agreement.
17.2. No one else has any rights under this agreement. These Terms are a contract between you and us. No one else can enforce them, and neither party will be required to ask anyone else to sign to terminate or amend them.
17.3. If a court finds part of this agreement invalid, the remainder will remain in effect. No one else can enforce them, and neither party will be required to ask anyone else to sign to terminate or amend them.
17.4. Even if we delay in performing this agreement, we can still enforce it later. If we do not insist immediately that you do anything that you are obliged to do under these terms, or if we delay taking steps against you in relation to your breach of this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.
Appendix 1 – Terms and Conditions for Shopmat Drivers/Customers
Terms and Conditions for Shopmat Drivers/Customers
