1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

Term	Meaning
“Business Day”	Any day other than Saturday, Sunday or UK bank holiday.
“Calendar Day”	Any day of the year.
“Contract”	The contract for the provision of Services, as explained in Clause 3.
“Deposit”	An advance payment made to the Company under Clause 5.
“Driver”	The employee, agent or subcontractor assigned by Us to perform all or part of the Services.
“Goods”	The item or items that We agree to collect, carry, deliver, return or temporarily hold under the Contract.
“Job”	The collection and delivery Services described in the Order Confirmation.
“Price”	The amount payable for the Services.
“Services”	The courier or delivery services to be provided by the Company as set out in the Customer’s Order and confirmed in the Order Confirmation.
“Order”	The Customer’s request for Services.
“Order Confirmation”	The Company’s written acceptance of the Order.
“Quotation”	Our written statement of the proposed Services, Price and any assumptions or additional-charge basis supplied before the Contract is made.
“Service Tier”	The Eco, Eco Plus, Standard, Premium or First Class option selected by the Customer and confirmed in the Order Confirmation.
“Website”	proovia.delivery and the booking, quote and tracking pages operated by Us.
“We / Us / Our” / “the Company”	Proovia Couriers Ltd, company number 13009883, registered at Units 115-119 Fort Dunlop, Office 110, Fort Parkway, Birmingham, England, B24 9FE.
“You / Your / the Customer”	The individual placing an Order for Services, acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.

4.1 All Orders for Services made by you will be subject to these Terms and Conditions.

4.2 You may change your Order at any time before We begin providing the Services by contacting Us.

4.3 If your Order is changed We will inform you of any change to the Price in writing.

4.4 You may cancel your Order within 24 hours of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.

4.5 We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.

4.6 We do not accept liquids (including alcohol, chemicals, vehicle fluids and oils), perishable food, baby grand pianos, live animals, or any item whose possession or transport would be unlawful. We accept an item requiring a licence or official permission only where We have confirmed in writing that the required documentation is in place. If Goods include an item prohibited by this Clause, We may refuse collection, stop transport where it is safe and lawful to do so, or arrange its lawful return. We will not dispose of a Customer’s property except on the Customer’s instructions, where required by law, or in accordance with Clause 16. The Customer is responsible for reasonable, evidenced costs and fines directly caused by their inclusion of a prohibited item, except to the extent caused or increased by Our negligence or breach of Contract.

4.7 Where the Services involve returning Goods to a retailer, seller or other supplier, the Customer is responsible for checking that party’s return conditions and giving Us accurate instructions in time. We do not guarantee that the third party will accept the return. This does not exclude Our responsibility where the return is rejected because We failed to follow the agreed instructions with reasonable care and skill.

4.8 If Goods do not materially match the description in the Order, We may refuse to collect them or propose a revised Service and Price. The Driver may reasonably inspect the Goods at collection to check the description and apparent condition. We may take proportionate photographs at collection and delivery as condition and delivery evidence, in accordance with Our Privacy Policy. We will explain the available options before incurring any additional charge.

4.9 If a Driver cannot complete the Job because of something within the Customer’s control (for example, nobody is available at the agreed address, the address is incorrect, or a required access code was not supplied), We may charge the lower of: (a) Our reasonable net loss directly caused by the failed attempt — including the wasted journey and the return, handling and secure storage of the Goods — after taking reasonable steps to reduce that loss; and (b) 50% of the Price. We will not recover the same loss twice. We will tell the Customer the amount before the charge is applied. The charge covers one further delivery attempt: once it is paid, We will attempt delivery again at no additional delivery charge. If that further attempt also fails for a reason within the Customer’s control, this Clause applies again to that attempt. Where a further unforeseen cost arises beyond this charge, We will explain it and seek the Customer’s agreement before incurring it where reasonably practicable.

5.1 The Price of the Services will be that shown in Our Quotation document at the time of your Order. If the Price shown in your Order differs from Our current quotation Price We will inform you upon receipt of your Order.

5.1A Where the Customer selects a delivery date more than 3 Business Days after the collection date, the Price includes a holding charge of 10% of the Price of the Services. The charge is calculated automatically at booking and is included in the total shown before checkout; it is not added afterwards.

5.2 Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

5.3 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

5.4 Unless the Order Confirmation expressly allows payment to the Driver at collection, the balance of the Price is payable before We begin the Services. Where cash payment at collection is agreed, payment becomes due before the Goods are loaded.

5.5 We accept the following methods of payment:

5.5.1 cash paid to the Driver, where the Order Confirmation allows it;

5.5.2 BACS transfer in cleared funds; or

5.5.3 cleared credit or debit card payment.

Cash is not accepted for an Order whose total Price exceeds £150.

5.6 If you do not make payment to Us by the due date in accordance with the Quotation document, We may charge you interest on the overdue sum at the rate of 8% per annum above the base lending rate of Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

5.7 We may change how We calculate Prices for future Orders. A change will not affect an Order We have already accepted unless the Customer asks to change that Order and expressly agrees the resulting Price change in writing.

6.1 As required by law, We will provide the Services with reasonable skill and care and in accordance with any information provided by Us about the Services and about Us.

6.2 We will begin providing the Services on the date confirmed in Our Order Confirmation.

6.3 We will make every reasonable effort to complete the Services on time and in accordance with the Order. We are not responsible to the extent a delay is caused by an event outside Our reasonable control and We have taken reasonable steps to reduce its effect. See Clause 9.

6.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Examples of what we may require include: items being delivered, whether they are fragile, how they are packed, collection and delivery addresses, weight and dimensions.

6.5 If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

6.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension in writing).

6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.

6.8 If the Services are suspended under sub-Clauses 6.6 or 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).

6.9 If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.6.

6A. Delivery Method & Customer Instructions

6A.1 Delivery Method for Online Orders

6A.1.1 We will provide the Service Tier selected at checkout and stated in the Order Confirmation. Unless the Order Confirmation expressly says otherwise, the Service Tiers are:

Service Tier	Delivery timescale	Delivery point	Delivery window	Tracking	Route model
Eco	7–10 Business Days	Front Door	All-day window	No live tracking	Shared route
Eco Plus	5–7 Business Days	Ground Floor	4-hour window	Basic tracking	Shared route
Standard	2–4 Business Days	Room of Choice	2-hour window	Real-time tracking and SMS	Shared route
Premium	1–2 Business Days	Room of Choice	2-hour window	Real-time tracking and SMS	Shared route
First Class	Within 36 hours	Room of Choice	2-hour window	Real-time tracking and SMS	Maximum of 3 Orders on the route

The damage cover included with each Service Tier is stated in Clause 8.3.

6A.1.2 Delivery timescales run from collection and are subject to Clauses 6.4–6.9 and 9. We will notify the Customer promptly of a material delay and preserve the remedies in Clause 7.

6A.1.3 “Front Door” means delivery to the external entrance at ground level. “Ground Floor” means delivery inside the premises on the entry level, where safe access is available. “Room of Choice” means delivery to the room selected by the Customer up to the First Floor, subject to the access and safety requirements in Clause 6B.

6A.1.4 We are not required to provide lifting, manoeuvring, access assistance or labour beyond the selected Service Tier, but We will not substitute a lower Service Tier except as permitted by Clause 6B.4 or agreed with the Customer.

6A.2 Deliveries Where the Customer Is Not Present

6A.2.1 If the Customer is not present and instructs the Company to leave the goods in a “safe place” or designated location, the Company shall deliver the goods in accordance with those instructions.

6A.2.2 A photograph shall be taken as proof of delivery.

6A.2.3 Once the Goods have been left at the location expressly instructed by the Customer and the Driver has recorded delivery, the Customer is responsible for loss or damage occurring after delivery. This does not exclude Our responsibility for loss or damage caused before delivery, for failure to follow the instructions with reasonable care, or for liability that cannot lawfully be excluded.

6B. Access Requirements

6B.1 The Customer shall ensure that the delivery address is accessible, safe, and suitable for the Company’s couriers to complete the delivery in accordance with the selected service level.

6B.2 The Customer is responsible for confirming that all access routes (including, without limitation, doorways, corridors, staircases, lifts, driveways, and external approaches) are adequate for the goods to be delivered safely and without risk of damage to goods, premises, vehicles or persons.

6B.3 Where the Customer has selected a service level requiring movement beyond the entrance (including ground-floor or room-of-choice delivery), the Customer must ensure that: (a) the internal route is clear of all obstacles; (b) adequate lighting, safe access and safe flooring are provided; (c) all measurements have been checked in advance.

6B.4 If, in the courier’s reasonable opinion, access is unsafe, impractical, or likely to cause damage, the Company may refuse to proceed beyond the point deemed safe, and delivery shall be considered completed at that location. Where this results in the Customer receiving a lower service level than the one purchased (for example, doorstep delivery where Room of Choice was paid for), We will refund the difference in Price between the service level paid for and the service level actually provided. No refund is due where the access issue arises from the Customer’s failure to meet the obligations in this Clause 6B.

6B.5 We are not responsible to the extent a delay, inability to deliver or limitation of Service is caused by restricted, blocked, unsafe or inadequate access that the Customer was required to address under this Clause. This does not exclude responsibility for Our own negligence or failure to exercise reasonable care and skill.

6C. Customer Obligations

6C.1 The Customer must ensure that: (a) all contact details provided are accurate; (b) the Company is able to gain lawful access to the property; (c) parking is available or permits are arranged where required; (d) the Goods are ready for collection in the condition and packaging described; and (e) where relevant, the Customer or an authorised adult is present during collection or delivery unless alternative instructions are provided under Clause 6A.2.

6C.2 We may refuse or suspend delivery, or charge reasonable and evidenced additional costs, where Customer-provided information is materially incomplete, inaccurate or misleading, including: (a) an incorrect address; (b) an incorrect description of the Goods; (c) undeclared floors, steps or carrying distance; or (d) undisclosed difficult access or heavy or oversized Goods. We will apply the price-transparency process in Clause 4.9 and will not impose an arbitrary penalty.

6C.3 A delay, cancellation or inability to deliver is not a breach by Us to the extent it is directly caused by the Customer’s failure to meet the obligations in this Clause and We could not reasonably avoid or overcome the effect.

7.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible, using the contact details in Clause 11.

7.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.

7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.

7.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.

8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

8.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. By making your Order, you agree that you will not use the Services for such purposes.

8.3 The limit of liability depends on the delivery option chosen by the customer.

Proovia Eco

Damage cover: £0

Limit of liability: The limit of liability for this option is zero. In case of any damage during transit, Proovia is not liable for any compensation. The customer assumes full liability for any potential damages.

Proovia Eco Plus

Damage cover: Up to £100

Limit of liability: The limit of liability for this option is £100. If damage occurs during transit, Proovia will cover the cost up to £100. Any damage costs exceeding this amount will be the responsibility of the customer.

Proovia Standard

Damage cover: Up to £300

Limit of liability: The limit of liability for this option is £300. Proovia will compensate for damages up to this amount. Any damage costs beyond £300 will not be covered.

Proovia Premium

Damage cover: Up to purchase, market, or repair cost

Limit of liability: The limit of liability for this option is the full purchase cost or repair cost of the item. In the event of damage, Proovia will cover the item cost or repair cost, whichever is the smallest amount, ensuring complete protection for the customer.

Proovia First Class

Damage cover: Up to purchase, market, or repair cost

Limit of liability: The limit of liability for this option is the full purchase cost or repair cost of the item. In the event of damage, Proovia will cover the item cost or repair cost, whichever is the smallest amount, ensuring complete protection for the customer.

8.4 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.

8.5 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.

8.6 It is up to each customer to decide whether to pack their orders for transit or not. If the order is provided to our couriers unpacked, they will use moving blankets to cover and secure the items with straps. If the order is provided to us packaged, the packing should be an appropriate one. A plastic wrapper or bubble wrap for example does not constitute adequate packaging, goods should be professionally wrapped, boxed, crated or at least a cardboard or box should be used along with the plastic wrapping/bubble wrap. Also please avoid using black packaging film. Goods which are insufficiently packaged cannot be covered by insurance and will be shipped only at your own risk. Failure by you or your supplier to adequately package your shipment means that we cannot offer insurance cover and although we may accept your goods they only travel at your own risk. We do not offer packaging services.

8.7 We will accept claims for the packed orders only if there is a clear proof that our drivers have caused physical damage to the packing or box itself.

8.8 All damage must be reported to the Driver immediately on delivery and failure to do so, will mean that We are not responsible for any loss or damage to the Goods. Once reported to the Driver, you must also send an email to the Office and failure to do will mean that we are not responsible for any loss of damage to the Goods.

8.9 Fair Wear and Tear:

8.9.1 The Item being delivered is pre-owned, and it may exhibit signs of Fair Wear and Tear.

8.9.2 Fair Wear and Tear is considered normal and expected for pre-owned items and does not constitute a defect.

8.9.3 Proovia Couriers provides no warranty for any defects arising from Fair Wear and Tear. The transportation of the item will be at the customer's own risk.

8.10 The Company shall not be liable for any damage, loss, or detachment of items that have been previously broken, glued, repaired, or otherwise altered. This includes, but is not limited to, items that have undergone structural repairs, cosmetic fixes, or temporary bonding. Any such items are transported entirely at the Customer's own risk, and the Company assumes no responsibility for any further damage that may occur during the handling, transportation, or delivery process.

8.11 Every insurance claim is subject to a 150 GBP excess fee that must be paid by the client.

8.12 We are not liable for internal damage to electronic and motor-driven goods, the mechanism in clockwork if no external damage has been caused.

8.13 We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges.

8.14 Customers are reminded that fragile items are uninsurable and their transportation is taken entirely at the customers' risks.

8.15 Take all reasonable steps to ensure that nothing that should be collected is left behind and nothing is taken away in error.

8.16 If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.

8.17 Should you receive something that was not ordered by you, you have the obligation to inform us immediately. If you appropriate the property belonging to another customer with the intention of permanently depriving the other of it, Proovia has the right to take action to recover the goods or money to its value.

8.18 We will not accept liability for loss of income or revenue; loss of business, loss of profits or contracts; loss on anticipated savings.

8.19 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

8.20 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

8.21 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

9.1 We will not be held responsible for any inability or delay in fulfilling our commitments if such inability or delay arises from circumstances that are outside our reasonable control. These circumstances encompass, but are not limited to, events like power failures, failures of internet service providers, labor strikes, civil unrest, fires, explosions, floods, severe weather, earthquakes, acts of terrorism (whether threatened or actual), acts of war (declared, undeclared, threatened, actual, or war preparations), epidemics, natural disasters, or any other event beyond our reasonable control.

9.2 Where an event outside Our reasonable control materially affects the Services, We may make a reasonable operational change, suspend the affected part, or cancel under Clause 9.3. We will limit the effect on the Customer where reasonably possible. This Clause does not excuse performance that was already due before the event, loss We could reasonably have avoided, or liability that cannot lawfully be excluded.

9.3 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

9.3.1 We will promptly notify you when reasonably feasible;

9.3.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;

9.3.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

9.3.4 In the event of an external event beyond our control, and if you wish to terminate the Contract, you have the right to do so in accordance with your cancellation rights. Any refunds owed to you due to such cancellation will be disbursed as soon as reasonably practicable, and in any case, within 14 Calendar Days of our acknowledgment of your cancellation request;

9.3.5 If the external event beyond Our control persists for more than four weeks, either the Customer or We may terminate the Contract on written notice. Any refunds owed as a result will be processed as soon as reasonably practicable, and in any case within 14 Calendar Days of the cancellation notice.

10.1 If you wish to cancel your Order before the Services begin, you may do so under Clause 4.4. Most Contracts are for transport of Goods on a specific date or within a specific period and therefore fall within the statutory exception to the 14-day cooling-off right for distance contracts. The 24-hour right in Clause 4.4 is an additional contractual right. If the statutory exception does not apply to a particular Contract, nothing in these Terms reduces the cancellation rights given by law.

10.2 Once We have begun providing the Services, you may cancel the remaining Services by giving written notice received by Us at least 24 hours before the cancellation is to take effect, unless We agree an earlier time. We will refund sums paid for Services not provided, less any amount properly due under this Clause, without undue delay and within 14 Calendar Days. The Customer remains responsible for Services properly provided before cancellation and any fair cancellation amount calculated under the principles in Clause 10.3.

10.3 If you cancel after the contractual 24-hour period and before We begin the Services, We may retain or charge the lower of: (a) Our reasonable net loss directly caused by the cancellation after taking reasonable steps to reduce that loss; and (b) 50% of the Price. We will explain the calculation on request and will not recover the same loss twice. We will refund any balance without undue delay and within 14 Calendar Days. Any unpaid cancellation charge is treated as an overdue sum under Clause 5.6.

10.4 The Customer may cancel the remaining Services immediately by written notice if any of the following occurs. No cancellation charge applies. We will refund sums paid for Services not properly provided, without undue delay and within 14 Calendar Days. The Customer remains responsible only for Services properly provided before cancellation, subject to any right to repeat performance, price reduction, refund, damages or set-off available by law:

10.4.1 We have substantially breached the Contract and have not rectified that breach within 14 days of your written request to do so;

10.4.2 We enter into liquidation or have an administrator or receiver appointed over our assets;

10.4.3 We are unable to provide the Services due to an event outside of Our control, as described in Clause 9.

10.5 We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.

10.6 If any of the following occur, We may cancel the Services and the Contract by giving you written notice. Cancellation may take effect immediately where continuing would be unlawful or unsafe; otherwise We will give reasonable notice in the circumstances. If you have made any payment to Us for Services We have not provided, these sums will be refunded as soon as reasonably possible and within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not paid for, the sums due will be deducted from any refund or invoiced under Clause 5:

10.6.1 You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.6); or

10.6.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking you to do so in writing; or

10.6.3 We’re unable to provide the Services due to an event outside of Our control, as described in Clause 9.

10.7 For the purposes of this Clause 10, a breach of the Contract will be deemed ‘material’ if its consequences to the party terminating the Contract are not minimal or trivial. When determining whether a breach is material, we will not take into account whether it resulted from any accident, mishap, mistake, or misunderstanding.

16.1 Where delivery is refused, or where redelivery cannot be arranged within a reasonable time for reasons not attributable to the Company, the Goods may be returned to and stored at the Company's warehouse pending further instructions from the Customer.

16.2 During this period, the Goods will be stored at the Customer's risk, except where any loss or damage is caused by the Company's negligence or failure to exercise reasonable care and skill. The Customer acknowledges that the Company's warehouse is a high-volume operational environment and that the Company is not intended to provide long-term storage services.

16.3 The Customer must provide redelivery, collection or lawful disposal instructions promptly. Where the return to the warehouse followed a failed attempt within the Customer’s control, the charge calculated under Clause 4.9 applies. Any further storage, handling, redelivery or return costs will be reasonable, evidenced and disclosed in accordance with the price-transparency process in Clause 4.9.

16.4 If the Customer does not collect the Goods or provide instructions, We may exercise the power of sale available to a bailee under section 12 and Schedule 1 of the Torts (Interference with Goods) Act 1977. Before doing so, We will:

(a) give a written notice requiring the Customer to take delivery or give delivery instructions, identifying Us, the Goods, where they are held and any amount already due;
(b) give a separate written notice of intention to sell, identifying the Goods and storage location, the amount already due, and the date on or after which We propose to sell;
(c) send the notice of intention to sell by registered post or recorded delivery to the Customer’s last known address; and
(d) allow a reasonable opportunity to collect the Goods and, where an amount is already payable in respect of them, at least three months between the notice of intention to sell and the proposed sale date.

16.5 If the Goods are sold, We will use the best method of sale reasonably available in the circumstances and account to the Customer for the proceeds after deducting the reasonable costs of sale and any amount that the 1977 Act permits Us to deduct. Any balance remains payable to the person entitled to it. We will not destroy or otherwise dispose of Goods under this Clause unless the Customer instructs Us to do so, the law requires it, or a solicitor confirms a lawful route in the particular circumstances.