Terms and Conditions

1. Company Details

HYPERWAY LOGISTICS LTD
Registered in England and Wales
Company No. 16426334
Registered Office: 86-90 Paul Street, 3rd Floor, London, England, EC2A 4NE

These Terms and Conditions (“Terms”) govern all services provided by HYPERWAY LOGISTICS LTD (“the Company”).

2. Consumer and Business Customers

2.1 Where the Customer acts wholly or mainly outside their trade, business or profession, they shall be deemed a Consumer under the Consumer Rights Act 2015.

2.2 Nothing in these Terms excludes or limits statutory rights that cannot lawfully be excluded under applicable consumer protection law.

2.3 Where the Customer acts in the course of business, these Terms apply strictly on a business-to-business basis.

3. Premium Service Positioning

The Company operates as a premium same-day courier provider delivering time-critical, discreet and professional collection and delivery services within and beyond the M25 area.

All services are subject to availability, operational feasibility and compliance with these Terms.

4. Formation of Contract

4.1 Where pricing is displayed and accepted through the Company’s platform, a legally binding contract is formed upon digital confirmation.

4.2 Where a booking is marked “To Be Quoted”, no contract is formed until the Company issues a written quotation and the Customer accepts it.

4.3 All timeframes are estimates only and do not constitute guaranteed delivery deadlines.

4.4 The Company reserves the right to refuse any booking at its discretion where the Shipment does not comply with these Terms.

5. Geographical Scope (M25)

5.1 The agreed booking price applies exclusively to the confirmed route at the time of booking, whether inside or outside the M25.

5.2 The booking price shall not be altered once confirmed, except where delivery fails, is redirected, or additional services are requested by the Customer.

6. Failed Delivery, Waiting Time & Re-Delivery Fees

Where delivery fails due to the Customer’s or recipient’s fault, including:

• Recipient unavailability
• Failure to provide a valid PIN or QR code
• Incorrect or incomplete address details
• Refusal
• Redirection request

The following re-delivery / redirection fees apply:

• £15 for addresses within M25
• £35 for addresses outside M25

Re-delivery will only occur upon confirmation of payment of the applicable fee.

6.1 Waiting Time

Where collection or delivery requires waiting time exceeding 10 minutes due to Customer or recipient delay, the Company reserves the right to apply additional waiting charges at its standard operational rate.

7. Next-Day Re-Delivery (Additional Fee)

Where delivery fails due to Customer or recipient fault and is rescheduled for delivery on the following day, an additional £10 Next-Day Re-Delivery fee shall apply.

This fee applies in addition to any applicable M25 re-delivery charge.

8. Second Attempt & Return to Sender

8.1 A maximum of two delivery attempts will be made.

8.2 If the second attempt fails, the Shipment shall automatically be returned to the sender.

8.3 The return-to-sender is considered a completed service and the following fee applies:

• £15 within M25
• £35 outside M25

8.4 Refund rule (return-to-sender scenario):
If the Customer booked a service category (e.g., “S” service for £50), the return-to-sender fee (£15 or £35) is retained as it is treated as a completed delivery service. Any remaining balance may be refunded at the Company’s discretion, excluding operational costs already incurred.

9. Non-Delivery, Non-Payment, Retention & Disposal

9.1 Where delivery cannot be completed due to Customer fault (including but not limited to failure to provide a valid PIN/QR code, incorrect address details, refusal, recipient unavailability, delay caused by the Customer/recipient, or non-payment of applicable fees), the Company shall notify the Customer by email.

9.2 All additional charges (including re-delivery, redirection, return-to-sender and/or storage fees) become immediately due and payable upon notification.

9.3 The Customer must settle all outstanding amounts within 12 hours of receiving notification. No further service (including re-delivery, redirection or release of the Shipment) shall be provided until payment is received.

9.4 The Company shall be entitled to retain possession of the Shipment under its contractual and legal right of lien until full payment is received.

9.5 If payment is not received within 7 days of notification, the Company reserves the right to apply reasonable storage charges.

9.6 If payment remains outstanding after 7 days and reasonable notice has been provided, the Company may dispose of, destroy, or otherwise deal with the Shipment in accordance with applicable law.

9.7 In such circumstances, the Shipment shall be treated as abandoned by the Customer and no refund or compensation shall be payable.

10. Proof of Delivery

10.1 Delivery is completed only upon successful scanning of the unique PIN or QR code.

10.2 Digital confirmation constitutes conclusive proof of delivery.

10.3 Risk transfers immediately upon successful scan.

10.4 No claims shall be accepted following valid proof of delivery.

11. High-Value & Luxury Goods (Premium Handling)

11.1 High-value or luxury items (including jewellery, luxury goods, and/or confidential materials) may be accepted only with prior written approval.

11.2 The Company may apply enhanced discretion protocols for such Shipments. Information relating to such Shipments will be treated as confidential.

11.3 Acceptance of high-value Shipments does not increase liability beyond the limits stated in these Terms unless expressly agreed in writing.

11.4 No automatic insurance is provided.

11.5 Optional enhanced liability cover may be available upon written request and subject to additional fees. Such cover must be expressly agreed prior to collection.

12. Prohibited Goods

The Company does not transport:

• Flammable materials
• Explosives
• Hazardous substances
• Illegal goods
• Dangerous items

The Company may refuse any Shipment at its discretion where non-compliance is suspected.

13. Inspection, Retention & Destruction

The Company may open, inspect, retain, refuse, destroy, dispose of or deliver to relevant authorities any Shipment suspected of containing prohibited, unlawful or dangerous goods.

No refund or compensation shall be payable. All related liabilities and costs remain the responsibility of the Customer.

14. Payment Terms

14.1 Services are prepaid unless agreed otherwise in writing.

14.2 For Business Customers, late payment interest applies under the Late Payment of Commercial Debts (Interest) Act 1998.

14.3 Where recovery action is required, the Company may recover reasonable administrative and debt recovery costs up to 20% of the outstanding balance, in addition to statutory interest and compensation.

14.4 Chargebacks and Payment Reversals: In the event of a chargeback, payment reversal or disputed transaction, the Company reserves the right to recover the full outstanding amount together with administrative costs and may suspend or terminate services pending resolution.

15. Active Account (Credit Facility)

15.1 Active Accounts are discretionary commercial credit facilities.

15.2 The Company may withdraw or modify such facility at any time.

15.3 Non-payment results in immediate suspension, acceleration of all sums, statutory interest, and automatic conversion to prepaid basis.

The credit facility is a privilege, not a contractual entitlement.

16. Business Bundle

16.1 Business Bundles may operate prepaid or post-paid as agreed in writing. Absent written agreement, they are deemed prepaid.

16.2 Deliveries are non-refundable and non-transferable.

16.3 A delivery is deemed used once a driver is assigned.

17. Right of Lien

The Company has a general lien over any Shipment in its possession for all sums due. In case of prolonged non-payment, the Company may take appropriate lawful action.

18. Set-Off

The Company may set off any amount owed to the Customer against any sums due from the Customer.

19. Limitation of Liability

19.1 The Company’s maximum liability is strictly limited to £100 per Shipment.

19.2 No insurance is provided.

19.3 The Company shall not be liable for indirect losses, loss of profit, consequential damages, or delay-related losses.

Nothing excludes liability for death or personal injury caused by negligence or liability which cannot legally be excluded under English law (including the Consumer Rights Act 2015 where applicable).

20. Claims Procedure

Visible damage: immediately at delivery.
Non-registered Customers: within 12 hours.
Registered Customers: within 24 hours.

Claims must be submitted in writing with supporting evidence. Failure to comply constitutes waiver.

21. Force Majeure

The Company shall not be liable for failure or delay due to events beyond reasonable control including traffic, weather, strikes, government action, cyber attack or technical failure.

22. Intellectual Property Rights

All intellectual property rights in and to the Company’s name, trading names, branding, logos, designs, website, platform, dispatch systems, tracking systems, verification technologies (including PIN and QR authentication infrastructure), databases, software, algorithms, source code, documentation and proprietary logistics processes are and shall remain the exclusive property of HYPERWAY LOGISTICS LTD.

HYPERWAY LOGISTICS LTD and all related branding elements are protected under UK copyright, database rights, trademark and intellectual property legislation. Nothing in these Terms grants any licence, assignment or right to use any intellectual property without the Company’s prior written consent.

Any unauthorised copying, reproduction, imitation, reverse engineering, distribution, extraction of data, commercial exploitation, or interference with the Company’s systems or branding is strictly prohibited and may result in civil proceedings and/or criminal liability.

23. Data Protection

Personal data is processed in accordance with UK GDPR and the Data Protection Act 2018, and the Company’s separate Privacy Policy.

24. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior discussions or agreements.

25. Severability

If any provision is found invalid, the remaining provisions remain enforceable.

26. No Waiver

Failure to enforce any provision does not constitute waiver.

27. Limitation Period

Any claim must be brought within 6 months of the event giving rise to the claim.

28. Amendments

The Company may amend these Terms at any time. Continued use constitutes acceptance.

29. Governing Law & Dispute Resolution

These Terms are governed by the laws of England & Wales.
Exclusive jurisdiction of the courts of England & Wales.

Prior to commencing legal proceedings, the parties shall use reasonable efforts to resolve any dispute through written notice and good faith negotiation within 14 days.