Samdai: Terms & Conditions

Introduction

Welcome to Samdai (“us”, “we”, “our”). We will tell you (the article entering these Terms) on this page (with other documents referred to in it) the Terms of Use which apply when you order with one of our participating retailers (“Partners”, “Partner”) or related services or use our technology, including our app or website samdai.co.uk  (each of these are referred to as “Services”).

Please read these Terms of Use carefully before using any of our Services. By using our Services, you confirm that you have read and accepted them and that you agree to comply with them. If you have any questions relating to these Terms of Use please contact support@samdai.co.uk.

As a Customer (“User” individual, or corporate entity represented by a single authorised individual, who requests a Delivery of Goods and to be put in contact with a Driver through our Services) you are entitled to certain legal rights when you order using our Services. Information relating to these rights can be found at: https://www.citizensadvice.org.uk/consumer/. Your legal rights are not affected by these Terms of Use, which apply in conjunction to them and do not replace them. Please note that we may change the version of Terms of Use from time to time, with the new version applying to all orders placed after the date the new version has been published.

These Terms include Special conditions applicable to independent couriers (“Drivers”) which apply to the Drivers solely and Special conditions that apply to Partners only. If this isn’t discretely stated, then the terms will apply to both Customers and Partners.

1.1 Samdai is a technology platform with the objective of linking you our Partners and allowing you to order your items for delivery through our third-party providers of collection and delivery services (“Drivers”). When you order from one of our Partners, Samdai acts as an agent on behalf of that Partner to arrange your order from our Services and to manage your personalised experience throughout the order process.

1.2 Our Services are operated and owned by Samdai Ltd. We are a limited company registered in England and Wales under the company number 11957671. Our registered office is at 34 Pilgrim Street, Sheffield, England, S3 9GX. If you would like to contact us, this can be done by email at support@samdai.co.uk, by phone on 0800 9875 654 or by completing the form here.

Our Partners each have an individualised delivery area. This delivery area may change at any time due to factors such as demand on our service, service improvement or weather. This will be to ensure that your delivery reaches your door as quickly and efficiently as possible. Our Partners each choose their own operating hours. This means that the availability of our Services, and the range of Partners you can order from, depends on the retailers in your area. If you try to order a delivery outside the operating hours or delivery area, delivery will not show as being an available option. Please note that there may be occasions where the Services may be unavailable for any other reason, which the same applies.

3.1 When the Customer uses one of our Services to place an order, it must be accepted by us or our Partner before it is confirmed. Once your order has been confirmed and accepted, we will send you a notification (“Confirmation Notice”). The contract for the delivery of any item you have ordered comes into existence when we send the Confirmation Notice.

3.2 The Customer is responsible for paying for all the items ordered and for the related delivery charges, and for obeying with these Terms of Use, even if your order is for someone else.

3.3 Through the Partners online store, the Customer confirms the Collection Address (the collection address of the Goods entered by the User), the Partner from whom the Driver must collect the order, the Delivery Address and the Recipient (the person or corporate entity represented, whose identity and contact details are entered in the Partners store by the User as Recipient of the Goods) to which the Driver must deliver the Goods (the item(s) subject to the order request, with the exception of with the exception of the Excluded Goods mentioned in section 3.7), together with, as a minimum, an email address, which may be that of the Customer and/or the Recipient. The Customer recognises and agrees that this is essential information for the Delivery of Goods (the courier-services provided by the Driver(s) to the User via the Services) on the foundation of which the Driver is bound.

3.4 The Customer signifies and permits to Us and the Driver that it shall:

  • Request the Delivery of Goods to a named individual;
  • Have prior permission of the Recipient to communicate to Us and the Driver the information entered concerning them, which may be surname, forename, postal address and email address, to allow the Delivery of Goods;
  • Not request Delivery of Goods to a Customer who is unreachable, or which would require unreasonable efforts by the Driver, such as Customers who may be imprisoned or whose address is unreachable via land and/or not close to marked roads;
  • Only use the Services for legal purposes.

3.5 Although every effort is taken by our Partners to ensure stock is regularly updated, mistakes may sometimes occur which we are not liable for. Any mistake caused due to a lack of stock will be the sole responsibility of our Partners to rectify. With this, all items are subject to availability. Your ability to return any item(s) to our Partners are subject to the Partner’s returns policy in which you should address any queries relating to the item(s) to the Partner.

3.6 If you are using the Service as a Partner to deliver your item(s) to a Customer, the contract of sale in relation to your item(s) is made between you and that Customer and not with us or the Driver.

3.7 You may not use our Services to transport any goods, products or items that are deemed illegal in the UK or any weapons, living organisms, such as animals or medical waste. The excluded items can be seen below:

  • All goods which, through their nature and/or their packaging, may present a danger to, or damage the environment, such as, without limitation, weapons or machines intended to explode through modification to the atomic nucleus, fuels, including nuclear, radioactive product or waste, or any other source of ionising radiation, or any other goods connected to the supply of goods or services concerning a nuclear facility, or directly affecting a nuclear facility;
  • Intrinsically illegal goods, restricted goods, or goods whose transport and/or holding and/or offering and/or sale and/or acquisition and/or use are prohibited by law;
  • Goods whose sending and/or receipt is illegal due to the capacity of the issuer and/or the recipient, such as, without limitation, goods whose holding and/or offering and/or sale and/or acquisition and/or use by a specific person is prohibited due to a legal, regulatory or contractual provision (e.g. tobacco or alcohol to minors, health products requiring a medical prescription);
  • Goods that can only be transported by a regulated profession, such as, without limitation, jewellery, watchmaking items, precious metals and stones, money, currency, bank notes, financial securities, securities or means of bearer payment, bills of commerce, gift vouchers, telephone or equivalent cards, and generally any paper or other document subject to the legality of the transfer of funds and making it possible to make a payment, or any means of payment such as a bank and/or credit card; or, munitions, gas, inflammable, radioactive, toxic, infectious or corrosive materials;
  • Animals and human beings, alive or dead, including all or part of their bodies and/or organs, and/or materials or fluids derived from the body (blood, urine, etc.), or products of human or biosynthesis origin deriving directly from products of human origin, including those intended for treatment or diagnostic operations on the human body.
  • Goods made of asbestos or lead.

3.8 The Partner warrant that you will indemnify and defend us fully against and claims of legal proceedings brought against us by any third party (including Customers) as a result of your breach of these Terms.

3.9 The Partner is responsible for packaging the items being collected in a form that is suitable for delivery by our Driver.

3.10 We reserve the right in our sole discretion to refuse a booking request placed by you. We may do this, for example, if we believe that the request, or items or goods requested to be collected using our Services are not in agreement with these Terms of Use.

4.1 The Customer recognises and agrees that in accordance with section 28 of the Customer Contracts Regulations 2013, the cooling-off period does not affect contracts for the transport of goods, and therefore to the Delivery of Goods. An electronic contract of an open-ended duration, relating to the licence to use the Services is entered into between the Customer and Us upon the acceptance of these Terms of Use by the Customer.

4.2 Our Services allow the Customer to make a contract with an independent Driver in order to complete a Delivery of Goods under these Terms of Use. This Delivery of Goods is subject to an electronic contract between the Customer and the Driver, which is created by the Services in accordance with these Terms of Use as set out below. Samdai is not a party to that contract.

4.3 The delivery request (“Request”, a request by a Customer for a Delivery of Goods via the Services) including a Collection Address, a Sender, a Recipient and a Delivery Address, is provided by the Customer, via our Services, and constitutes an offer for services of Delivery of Goods at the price communicated with the Customer.

 

4.4 The Customer recognises and accepts that the above creates an adequately precise, secure, and clear offer, subject always to the provisions of these Terms of Use and is binding on the Customer upon the Driver being dispatched.

 

5.1 Customer prices may change as Samdai operates dynamic pricing some of the time, which means pricing of delivery may change whilst browsing. Prices can also change at any time at the discretion of our Partners.

5.2 No changes will affect current confirmed orders, or orders in the process and appearing in our Partners basket, providing the order is completed within 15 minutes. If your order isn’t completed within this 15-minute period, the new price changes will be applied to any new orders. This applies except if there is an obvious pricing mistake with the delivery Fee. If there is an obvious pricing mistake with the delivery Fee, we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid for delivery.

5.3 All total prices for your orders will be shown on the checkout page on our Partners sites, including the prices of items, delivery and taxes.

5.4 As a Partner in respect to us providing our Services and delivery, you shall pay to us all fees and charges set out or referred to in these Terms (collectively the “Fees”).

5.5 When a request for a Driver is made via the Service from our Partners, your payment instruction will be processed by us. Fees shall be charged to the respected credit or debit card that is active in our system on a weekly basis for the full value of the Fees accumulated in that week for your use of our Services.

5.6 When you provide us with any credit card or other payment card information, you signify that such payment information is correct and belongs to you or you have the authority to use such payment method. It is your responsibility to keep your billing information current, including promptly updating your billing details with an alternative payment method in the event of a lost, stolen or expired credit or other payment card. If your credit or other payment card is declined, we shall be entitled to charge you a £20.00 rejection fee.

5.7 If there are any late payments or unpaid Fees from the due date to the date of actual payment, interest will be paid at a rate of seven percent (7%) per annum above the base rate of the Bank of England. Interest accumulated on a day to day basis will be compounded and paid monthly.

5.8 Our current in-force price list used to calculate Fees as at the effective date is set out in Schedule 2.

6.1 Orders placed through our Services are for same day, two-hour delivery. Once orders are placed, delivery will be attempted as soon as possible; you must therefore be available to accept delivery from the time you place your order.

6.2 Although delivery is stated to be within 2 hours, despite the Drivers and Partner’s best efforts, things do not always go to plan and factors such as weather, service demand and traffic may prevent our Drivers from delivering your items on time. If we become aware that your delivery will be late, we will proactively notify you by email or text, unless you have caused the delay (e.g. because you gave the wrong delivery address). In either circumstance we will not be held responsible for a non-delivery or late delivery. We shall only be required to facilitate collection and delivery of goods, products and items through our Services to locations within the delivery area.

6.3 The Driver is deemed to be in possession of the Goods once We have confirmed the dispatch of that Driver.

6.4 The Drivers may complete the Delivery of Goods as they deem fit for carrying on its business.

6.5 Drivers will attempt to deliver your items to the address you provide when you place your order. If the delivery address you’ve provided needs to change, this may be possible if we are contacted before the Driver has been dispatched, and the new address is still within the store’s delivery radius. If we are unable to change the delivery address, you may have the option to cancel the order, but if the order has been packaged, customised or personalised, you will be charged the full price for the item, and if the driver has been dispatched you will also be charged for the delivery.

6.6 In the event of a failed delivery, you will still be charged for the item and delivery if you have caused such failure for any reason. Reasons you may cause a delivery to fail include (but are not limited to):

  • Not coming to the door, picking up or responding to calls and/or emails when contacted by the Driver or Partner. Not providing access within a reasonable amount of time or not providing a safe place the Driver can leave your items.
  • The Driver refusing to deliver the item to you due to a lack of age verification on an age restricted item.

6.7 The Drivers will wait at your given address for 10 minutes after attempting to make contact with you. After this time, your delivery will be classed as a failed delivery and you will be charged 200% of the full delivery fees we would have charged if the delivery had been completed; and/or our reasonable costs incurred as a result of the Driver returning the items to where they were collected from. In such events we will notify you by email or phone.

6.8 Responsibility is yours to resolve the collection of your items from the store.

When you as a Customer place an order with our Partners, it is at your discretion to offer a tip or gratuity to our Drivers in addition to the Fee’s you pay the Partner. Your Driver will receive 100% of any payment you choose to make to them.

8.1 In agreement with these Terms and Conditions, and as stated elsewhere in these Terms, the Delivery of Goods is not fulfilled by Us but by the independent Driver only. The parties both acknowledge and agree liability relating to the Delivery of Goods relies solely upon the Driver and not Samdai.

8.2 If your items do not comply with their description, there’s a fault with the item or specific requirements (accepted by our Partners prior to the order being made) have not been completed, you have legal rights as a Customer.

8.3 If this is the case however, please contact our Partners directly as the sole responsibility of the items will be theirs. We do not accept any liability for damages or defects caused to your items, thus any complaints received regarding the above will be re-directed to our Partners.

8.4 We may, at our own discretion, assist the Driver and the Customer to resolve any disputes which may have arisen due to the Delivery of Goods related to our Services.

8.5 As our Partner, you shall be solely responsible for, and shall indemnify us against all claims arising from or related to the collection of items from your store that:

  • do not reflect the product description given at purchase
  • are damaged
  • are missing items which should have been included with the collected items.
  • items are inadequate, poor quality or otherwise not fit for purpose

8.6 If the User refuses the Delivery of Goods due to the alleged damage of the Goods, spoiling, loss or theft being caused by the Driver, it is the User’s responsibility to demonstrate to the Independent Courier and the Partner that it has occurred.

8.7 At this time, the Driver is responsible for making contact with the User so that an insurance claim can be made.

9.1 We (or our licensors) retain ownership of the Services and its associated Intellectual Property Rights including those in our website (excluding your contributions). We grant you a non-exclusive, non-transferable right to use the Service’s features for the sole purpose of personal use, non-commercial purposes, subject to these Terms of Use. All rights not specifically granted to you in these Terms are reserved by us.

9.2 You agree that you shall not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or in any other case, use any content on our site in any way except for your own personal, non-commercial use.

Neither party will be held responsible or liable for a delay or failure in its obligations under these Terms to the extent that such delay or failure is as a result of an event outside of the reasonable control of that party and could not have been prevented or avoided by that party taking reasonable steps.

11.1 You Subject to Clause 11.2, as stated within our Privacy Policy, we will only share your confidential information when it is necessary to perform its obligations under these terms, we shall keep the discloser’s confidential information confidential and shall not disclose it otherwise.

11. 2 Notwithstanding Clause 12.1, we may disclose your confidential information as required by law.

11.3 If we need to disclose your confidential information to our employees, directors, contractors or agents for the purposes of performing its obligations under these Terms, we shall ensure that the person(s) to whom the information is disclosed treat it as confidential and only use and disclose it for the purposes of performing the obligations under these Terms.

12.1 In this Clause 11, “data controller”, “process”, “data processor”, “data subject”, “recipient data” and “personal data” shall have the meaning given in the General Data Protection Regulation (GDPR).

12.2 All parties acknowledge and agree that they are each data controllers of personal data where a recipient is a data subject (“Recipient Data”).

12.3 All parties will make sure they comply with Data Protection Laws applicable to it in full whenever Recipient Data is processed by them or on their behalf by a data processor.

12.4 You will make sure that a clear and unambiguous notice which is compliant with Data Protection Law is displayed to Customers or potential Customers which states that you may use us to fulfil orders and that we may therefore receive and process Recipient Data.

12.5 For further information regarding how we use personal data, please see our Privacy Policy.

13.1 Failure to abide by the Terms set out in these Terms of Use (by both Partners and Customers) will constitute a material breach of the Terms of Use, potentially resulting in us taking all or some of the following actions:

  • Immediate, temporary or permanent withdrawal of your rights to use our Services;
  • Issuing of a warning;
  • Legal action against you including proceedings for reimbursement of all costs on and (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Disclosure of such information to law enforcement authorities as we deem is necessary.

13.2 We may terminate these Terms of Use immediately and remove you from our Partners scheme any time without notice if we cease to provide the Services in that specific delivery area.

13.3 Either party may terminate these Terms upon a Fifth-teen (15) days’ advance written notice to the other party.

13.4 All outstanding payment debts in relation to the Services shall survive termination of these Terms.

14.1 Subject to Clause 14.1, our total aggregate liability relative to loss, destruction or damage to items collected from our Partners caused by any reason whatsoever, including our breach of contract, wrongdoing or negligence or that of a Driver is limited to the cash value of the collected items but shall in no event exceed £100 if the value of the item is less than £100. If the value of the item is more than £100 but less than £500, the maximum total liability offered would be no more than £500. If you consider that the potential loss or any other damage to you caused by the loss, destruction or damage of all (or part) of a single collection and delivery of collected items would exceed this amount then you must arrange separate cover or insurance to cover such potential loss.

14.2 Subject to Clause 15.4, our total aggregate liability under or in connection with these Terms, whether in contract, wrongdoing (including negligence), statute or otherwise for loss or damage not limited by Clause 14.1, is limited to the greater of £750.

14.3 No parties are liable to the other for any financial losses (including loss of revenues, profits, contracts, businesses or expected savings) or any indirect or consequential losses of any nature, whether or not such losses were known to the parties at the effective date.

14.4 Nothing in these Terms affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent falsification or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

14.5 We will not be held responsible for and shall have no liability for the behaviour, actions or errors of any Drivers, Partners or any other users of our Services. Neither shall we be liable for the losses, costs, damages or expenses not caused by our breach of these Terms.

15.1 You acknowledge that our Services have been provided without direct or implied warranty of any kind to meet your individual needs or requirements and that all implied warranties are excluded to the maximum extent allowable by appropriate laws.

15.2 You acknowledge and accept that our technology and some of our Services are dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of both may be subject to the limitations, interruptions and other problems characterised by such networks and facilities.

15.3 Acknowledgement is agreed and accepted that no warranty is given for your use of our technology and services being uninterrupted or error free. Every reasonable attempt to provide a good, consistent and reliable service will be taken, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you suffer as a result of any interruption or delay to your access to the Services, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Services.

16.1 You acknowledge and agree that you understand that:

a) We are a technology and software company and operate the Services only – we do not provide courier or logistics services, and we are not a goods carrier;

b) It is the responsibility of the Driver to perform any courier services you request via the Service; and

c) we only provide information and allow you to book those third-party courier services, but we do not offer courier services ourselves or act as a courier in any way.

16.2 You agree that We have no responsibility or liability for the acts, behaviours or errors of a Driver unless expressly set out in these Terms.

16.3 You agree that you will comply with any terms and conditions applicable to the use of a third-party Drivers’ service and we will not be responsible for any act, behaviour or omission by you or the Driver in connection with your use of their service.

16.4 No endorsement or responsibility will be accepted by us for any statements, advertisements or any content spread through, or linked to from, the Services by other users or third-party service providers (including Drivers).

17.1 Unless these Terms express otherwise, all notices under these Terms shall (i) for any notices to be served on us by you, be given in writing and delivered or posted to 34 Pilgrim Street, Sheffield, England, S3 9GX.; or (ii) for notices to be served on you by us, be emailed or be given in writing and delivered or posted to the email address or postal address identified (in your account if a Partner).

17.2 No changes to these Terms will be valid unless we specifically agree them with you in writing signed by us.

17.3 We are able to assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm or person. You may not assign, sub-contract or otherwise transfer any of our rights or obligations under the Terms of Use to any third-party without prior written consent.

17.4 The parties shall be independent contractors and nothing in these Terms shall be deemed to constitute a partnership or any employment relationship between the parties.

17.5 If any part of these Terms of Use is held by law to be unenforceable, that part shall be erased, and the other Terms will not be affected.

17.6 These Terms are the entire agreement between the parties about its subject matter and supersede all previous agreements and negotiations on that subject matter whether written or oral.

17.7 Any person who is not a party to a contract between you and us has no right under the contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any terms of that contract.

17.8 These terms shall be governed by the law of England and Wales and all disputes arising out of or in connection with them (including non-contractual) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Schedule 1 – B2B Service Level Agreement

Schedule 1 has the aim of representing a Service Level Agreement (“SLA”) for the provisioning of the Service.

2.1 We will use every reasonable endeavour to:

  1. a) Coordinate a Driver to arrive at the collection location within 30 minutes of their allocation; and

    b) allocate a Driver within 15 minutes of receiving the order submission/confirmation.

    c) It is our expectation that the Driver will arrive at your store (the pickup location) within approximately 30 minutes of being assigned to the job and complete the order as quickly as factors such as travel distance, weather and traffic allow.

2.2 If you are a Partner with us, you acknowledge that the service levels set out above may be slightly different in certain circumstances. In any case these changes will be agreed with you beforehand.

2.3 Acceptance by the Driver of a Request via the Services binds the Driver to undertake the Delivery of Goods, pursuant to the requirements set out in the Terms of Use. We cannot require the Driver to accept the Request, therefore a Driver’s acceptance is entirely at their own discretion.

3.1 Any required support in relation to our Services can be gained by contacting us in the following ways:

a) Email support: support@samdai.co.uk or through our online form page here.

b) Business support line: 0800 9875 654 from 10:00 – 18:00, Monday to Friday (Excluding bank holidays). Unanswered calls will be forwarded and every reasonable effort will be made to answer/respond to the call as soon as possible.

3.2 Our email addresses are monitored from 8:30 to 20:00, Monday to Friday (Excluding bank holidays).

3.3 Emails received outside of these working hours will be gathered but may not be actioned until the next working day.

3.4 Any changes to the contact information above will be shared with you. Changes to our times will be updated on this policy.

4.1 We will use every reasonable endeavour to reply to service-related cases and/or requests submitted by you through either our support email or support number (expressed within Section 1.2). We aim to provide assistance within the following time frames:

a) 0-4 hours (during business hours) for issues classified as High priority (i.e. live working issues).

b) Within 24 hours for issues identified as Medium priority (i.e. payment issues).

c) Within 48 hours for issues classified as Low priority (i.e. administrative enquiries).

4.2 The timeframes above are measured from the time at which we receive the request.

4.3 Priorities for incidents or requests are solely determined by us.

Schedule 2 – Fees

1.1 Our Fees are centred around distance travelled (“as the crow flies”) by a Driver between the pick-up location and the delivery address:

a) Fees for 4.8km delivery: £8.99

b) Fees per additional 1.6 kilometre: £0.75

1.2 In some cases where our Partners have a high volume of orders, Fees may be discounted based on monthly volume (calculated by the number of applicable deliveries made the previous calendar month). To enquire about our discounted Fees, please get in touch.

1.3 As a Partner in respect to us providing our Services, you shall pay to us all fees and charges set out or referred to in these Terms (collectively the “Fees”).

1.4 When a request for a Driver is made via the Service, the Partners payment instruction will be processed by us. Fees shall be charged to the respected credit or debit card that is active in our system on a weekly basis for the full value of the Fees accumulated in that week for the use of our Services.