1. INTRODUCTION
1.1 Fast Refund Co Ltd, a company incorporated and registered in England and Wales under company number 13751491 whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“At Last”, “we”, “us” and “our”), publishes the platform www.atlast.co, accessible either directly or via the websites of our partners (being, along with any other website or application for web or smart devices published by At Last from time to time, the “Platform”).
1.2 The Platform provides an all-in-one returns service for users of the Platform (the “Customer”), allowing them to view and manage online returns. It assists Merchants by providing access to a returns platform that allows Customers to connect with and use At Last to complete their returns and helps Merchants to track returns and refunds.
1.3 The Merchant Terms and Conditions and Customer Terms and Conditions regulate the use of the Platform and our Service. These terms and conditions (the “Terms”) regulate international returns (by which we mean returns where goods are shipped across the United Kingdom border or otherwise are shipped internationally outside of the United Kingdom) (together “International Returns”). These Terms are deemed incorporated into the Merchant Terms and Conditions and apply to all International Returns as if set out within the Merchant Terms and Conditions.
1.4 Capitalised terms used herein but not otherwise defined shall have the meaning given in the Merchant Terms and Conditions.
2. BY USING THE INTERNATIONAL RETURNS SERVICE YOU ACCEPT THESE TERMS
2.1 In order to provide International Returns to your Customers, you must opt-in to our International Returns service (the “International Return Service”) and agree to these Terms. By offering International Returns to your Customers, you confirm that you accept these Terms without amendment and that you agree to comply with them.
2.2 If you do not agree to these Terms, you must not use our International Returns Service.
3. THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU
3.1 These Terms refer to the following additional terms, which also apply to your use of the Platform:some text
(a) the Merchant Terms and Conditions;
(b) the Contract Details and Special Terms, including the information contained in the Annexes of the merchant services agreement (together being the “Merchant Services Agreement”), entered into between At Last and a Merchant from time to time. Where there is any conflict or ambiguity between these Terms and a term contained in the Merchant Services Agreement, the terms of the Merchant Services Agreement shall have priority over those contained in these Terms;
(c) our Service Level Agreement;
(d) our Privacy Policy; and
(e) our Cookie Policy.
4. SERVICE RESTRICTIONS
4.1 For the purposes of this clause 8 and these Terms, the defined terms set out below shall have the following meanings:
(a) “Consignment” means goods shipped in response to a Consignment Request;
(b) “Consignment Request” means a Customer’s request for goods to be shipped;
(c) “Customs” means any duly constituted legal or administrative persons or governmental agency, which exercises jurisdiction or has authority within any nation, state, municipality, port or airport and that is responsible for the administration and application of the laws relating to the importation, exportation, movement or storage of goods and the collection of duties and taxes, including (without limitation) HM Revenue & Customs;
(d) “Customs Clearances” the accomplishment of customs formalities in relation to the export or import of goods;
(e) “Customs Duties” means any customs duty, import and export taxes, duties, deposits, fines, imposts, levies and outlays of whatever nature levied by Customs in relation to a Consignment;
(f) “Dangerous Items” means any goods that are or may become dangerous, hazardous, noxious (including radioactive materials), inflammable, explosive or which are or may become liable to damage any property or person whatsoever;
(g) “International or Domestic Law” means any domestic or international law, regulation or statute of any federal, state or government or local government which is applicable to the International Return Service and which includes any country from, to or through which the Consignment may be carried;
(h) “Prohibited Items” means any drugs, stolen goods, counterfeit goods, contraband and other illegal goods which are or may be prohibited for carriage, handling and/or storage by International or Domestic Law; “Receiver” means the person who is receiving the Consignment; and
(i) “Restricted Items” means items which whilst not Prohibited Items are subject to regulation or restrictions such that we may choose in our sole and absolute discretion not to handle, carry and/or store them.
4.2 You acknowledge and agree that we may outsource International Returns to our trusted delivery provider(s). References in these Terms to “deliver” and “delivery” shall be deemed to include delivery by such third-party provider(s).
4.3 We are not obliged to facilitate (and you will ensure we are not asked, or caused, to facilitate) the return of Dangerous Items or Prohibited Items. We are not obliged to facilitate the return of Restricted Items though we may in our sole and absolute discretion agree to do so.
4.4 If we become aware that any Consignment facilitated by us constitutes, or includes, any Dangerous Items or Prohibited Items, or any Restricted Items we have not agreed to deliver, then without notice to you and without liability to you, we may decline to effect a return of the relevant items and may retain and/or be paid the proportion of the relevant fees which the Consignment represents.
4.5 We are not liable for any loss or penalty suffered by you by reason of seizure of counterfeit goods or goods that Customs may suspect to be counterfeit.
4.6 We will not facilitate delivery of Consignments to PO boxes or British Forces Post Office numbers.
4.7 We will usually facilitate the delivery of the Consignment during normal working hours:some text
(a) to the Receiver’s address as given by the Customer, but we are not obliged to facilitate the delivery of the Consignment to the named Receiver personally and we may facilitate the delivery of the Consignment to any person at the Receiver’s address;
(b) in accordance with instructions from the Customer or the Receiver to a safe place, an alternative address or a collection point;
(c) unless the Customer or the Receiver has expressly notified us otherwise, to an address which is close to the Receiver’s address; or
(d) to a depot of our choosing for collection by the Receiver or a person authorised on the Receiver behalf to collect the Consignment from such depot, if we are not able to deliver to any of the above locations, and facilitation of the transit of the Consignment shall be deemed to have ended at the time of delivery to any of the above locations or depot.
4.8 You acknowledge and agree that we may arrange for the Receiver to be notified of an upcoming delivery or a missed delivery. We may arrange for the Receiver to be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a Collection Point. We may arrange for the Sender to have the option to exclude some delivery options on request.
4.9 If in our sole and absolute discretion:
(a) we deem that facilitating a Consignment is unacceptable;
(b) we consider that a Consignment has been undervalued for Customs purposes;
(c) the Receiver cannot be reasonably identified or located;
(d) the Receiver refuses delivery or to pay Customs Duties or other Consignment charges; or
(e) if the Consignment is not collected within seven (7) days of delivery to a depot in accordance with clause 4.6(d), we shall facilitate the return of the Consignment to the Customer at your/the Customer’s cost. However, if we are unable to do so the Consignment may be released, disposed of or sold without incurring any liability whatsoever to you or anyone else, with the proceeds applied against any unpaid Customs Duties, Relevant Fees and related administrative costs with the balance of the proceeds of sale to be returned to you.
4.10 We may destroy any Consignment which any Domestic or International Law prevents us from returning to you without notice to you or the Customer and without liability to you.
5. CUSTOMS AND CLEARANCES
5.1 We may perform any of the following Customs Clearances either on your or the Receiver’s behalf in order to provide the International Return Service:
(a) facilitating the completion of any documents, amend product or service codes, and pay any Customs Duties required under Domestic and International Law;
(b) procuring a person to act as your forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and
(c) redirect a Consignment to a Receiver’s customs broker or other address upon request by any person who we reasonably believe to be authorized.
(d)For undelivered returns you may be required to sign a returned goods relief agreement to allow us to facilitate the return of an undelivered Consignment into the UK without incurring Customs Duty on the returned goods. Where the returned product meets applicable requirements and the returned order’s country of origin is the United Kingdom we will automatically claim returned goods relief on your behalf.
(e) you are responsible for all Customs Duties relating to the goods. We may require you to pay Customs Duties before delivery of any Consignment.
(f) We do not guarantee any duty drawback claims.
(g) In the rare case that a returned product is entering the United Kingdom for the first time, Custom Duties may be payable. This may delay processing of the International Return. In such circumstances we will contact you to resolve the issue.
6. MAKING AN INTERNATIONAL RETURN
6.1 The provisions of Clause 8 of the Merchant Terms and Conditions apply to all International Returns.
6.2 In addition, to make a Return to a country outside of the United Kingdom:
(a) you must use an At Last compatible e-commerce platform (or any other platform with whom we integrate from time to time) or share the required information via API;
(b) the relevant Order must be fully integrated with our Platform – it is not possible to create international non-order-backed manual returns through either the Merchant dashboard or the Customer-facing returns portal;
(c) you acknowledge and accept that Orders may only be returned to the country to which the relevant Order was originally delivered from;
(d) you must provide the following Return information:
(i) the harmonised system code for product classification;
(ii) a unique identifier for the good in question;
(iii) the appropriate weighting units of the good in question;
(iv) the country of origin (being the country where the product was manufactured);
(v) the total number of goods in the Order;
(vi) the value of the product in Pounds Sterling; and
(vii) a product or variant title.
(e) you must provide a valid Customer address, which for Returns to the USA must also include the relevant state of the USA;
(f) it is recommended that you provide the telephone number of the Customer; and
(g) the Order being returned must be paid for, marked as fulfilled, and have the tracking number and shipping carrier name recorded in Shopify (or other e-commerce platform with which we have integrated from time to time) and the Order must have a single fulfilment, as we currently cannot process orders with multiple fulfilments.
(6.3) We currently offer the International Returns Service only to the countries listed at this link
7. FEES
7.1 The provisions of clause 10 of the Merchant Terms and Conditions apply to International Returns. International Returns will be charged at the rates published by us from time to time and quoted via the Platform when an International Return is scheduled.
8. TERMINATION
8.1 We may terminate these Terms and the availability of International Returns at any time immediately by written notice. We shall not be required to give a reason for such termination.
9. DISCLAIMER, LIMITATION OF LIABILITY AND NO WARRANTY
9.1 For the purposes of this clause 9 and these Terms, the defined terms set out below shall have the following meanings:some text
(a) “Compulsory Legislation” means any international legislation (including, without limitation, an international convention) or national law, which applies compulsorily to a Consignment or any part of the International Return Service and which cannot be waived or departed from;
(b) “Customs Clearances” means the accomplishment of customs formalities in relation to the exportation or importation of goods;
(c) “Custom Declarant” means a person who is responsible for preparing and filing the necessary customs documents for the import or export of goods and for paying the required customs duties and taxes;
(d) “Customs Duties” means any customs duty, import and export taxes, duties, deposits, fines, imposts, levies and outlays of whatever nature levied by Customs in relation to a Consignment;
(e) “Group” means us and any entity controlled by, controlling or under common control with us;
(f) “Liabilities” means all liabilities, costs, damages, claims, proceedings, actions, orders, awards, fines, expenses, costs (including the costs of investigating and defending any claims) and any other losses and/or liabilities;
9.2 The provisions of clause 15 of the Merchant Terms and Conditions shall apply in full to all International Returns. In addition, the provisions of this clause 9 shall also apply.
9.3 In the event of loss to, damage, destruction or mis-delivery of the Consignment, our liability shall be determined and limited in accordance with the remainder of this clause 9 unless any Compulsory Legislation applies to the International Return Service, in which case our liability in relation to the International Return Service shall be determined and limited in accordance with the provisions of such Compulsory Legislation. Notwithstanding the foregoing, our maximum liability for any loss or damage relating to a Consignment shall be limited to £20.00.
9.4 Any claim shall be made in writing to claims@atlast.co or notified to us via our designated International Returns Claim Form within fourteen (14) days of the date upon which you became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where you can show that it was impossible for you to comply with this time limit, and that you have made the claim as soon as it was reasonably possible for you to do so. Notwithstanding the foregoing provisions, we shall in any event be discharged of all liability whatsoever and howsoever for claims, unless suit is brought and written notice thereof given to Us within nine months from the date of the event or occurrence alleged to give rise to a cause of action against us.
9.5 You may only make one claim per Consignment.
9.6 Any settlement of a Claim is full and final as to all Liabilities in connection with it and the Consignment to which it relates.
9.7 Claims may not be made (and we have no liability for) for any Consignment that includes Dangerous Items, Prohibited Items, Restricted Items or any other item we have refused to carry.
9.8 As regards claims for damage, the original packaging must be retained, and photographic evidence of the damage must be provided. If the type of packaging is deemed as inappropriate and/or fails to be appropriately packed and labelled the Claim will be rejected.
9.9 All claims must be accompanied by:
(a) an invoice showing the Relevant Fees you paid for the Consignment to which the claim relates; and
(b) written evidence of how it is alleged that we are liable together with written details of how the loss was caused by us and the steps you have taken to mitigate the loss.
9.10 Delay of Consignment
(a) Unless otherwise expressly agreed in writing and subject to any Compulsory Legislation, we do not undertake that the Consignment shall depart, arrive, or be available on particular dates or take a particular route; and
(b) If, notwithstanding clause 17.23(a), we are nevertheless found liable for delay, our liability shall in no circumstances exceed the amount of the Relevant Fees in respect of the relevant Consignment.
9.11 We shall not be liable for any matter which arises under or in connection with the Customs Clearances, their performance or any delay or failure in performance of the Customs Clearances unless such matter arises as a result of our negligence or wilful misconduct and our maximum liability in respect the same shall be limited to the Relevant Fees relating to the Consignment to which the claim relates.
9.12 Save as set out in clause 9.11, we shall not be liable for any loss, destruction, mis-delivery of or damage to the goods or for any loss or damage arising out of or in connection with the provision of (or failure to provide or delay in providing) Customs Clearance. Having regard to the nature of the International Return Service and the availability to the parties of suitable insurance, the parties have agreed that the risks respectively borne by them in relation to loss of, damage to or destruction of goods or Customs Clearance are reasonable.
9.13 You shall promptly indemnify us against all Liabilities howsoever assumed, incurred or suffered by us, our subcontractors (including without limitation any Customs Declarant) or any member of our Group, or their respective employees, servants, agents, insurers or reinsurers, as a result of or in connection with any of the following:some text
(a) any breach by you of any of the warranties or undertakings given, or obligations undertaken, by you under the Master Services Agreement;
(b) any false, erroneous or misleading information or document communicated to us in relation to the Customs Clearances (including without limitation for any Customs Duties paid or payable to Customs);
(c) any cause arising from or with respect to the goods (including without limitation Dangerous Goods, Prohibited and Restricted Goods) for which we are not responsible; and
(d) us becoming liable to any other party (including liability for Customs Duties arising (whether directly or indirectly) out of, or in connection with, the provision of the International Return Service which might arise for any reason, whether or not through our, or the Customs Declarants’ breach, fault or neglect) and/or incurring additional costs by reason of us carrying out your instructions.
9.14 You and us agree that for the purposes of us enforcing and pursuing a claim under clause 9.13, the losses, damages, liabilities, costs and expenses of our sub-contractors (including without limitation any Customs Declarant) and/or any member of our Group (and their respective employees, servants, agents, insurers or reinsurers) suffered as a result of any of the matters listed in clause 9.13 shall be deemed to be our losses, damages, liabilities, costs and expenses in relation to such enforcement action and claim.
