STUDENT SELF STORE AGREEMENT - TERMS AND CONDITIONS
These terms and conditions explain the rights, obligations and responsibilities of both parties (“Parties”) to this agreement (“Agreement”) and are intended to be legally binding. Please ensure you read all parts of the Agreement.
Please make particular note of Clause 6 (Your Responsibilities), Clause 7 (Prohibited Goods), Clause 9 (Our Liability for Loss or Damage) and Clause 12 (Our Right to Dispose of Your Goods).
Whilst We do try Our utmost to look after Your possessions both in transit and in storage, We cannot guarantee that the contents of Your Boxes will not be damaged.
1. DEFINITIONS
In these terms and conditions the following words have the following meanings:
Agreement: the agreement entered into by You and Us for the provision of the Service on these terms and conditions;
Cardboard Box: the empty cardboard box (flatpack) supplied by Us for the storage of Your Goods;
Box: the full box comprising the Cardboard Box supplied by Us and packed with Your Goods;
Goods: the contents of the Box packed by You for storing by Us;
Insurance Policy: the terms and conditions of cover provided under Our Insurance Policy. Our liability to You under the Insurance Policy will be limited to £100 per box;
Prohibited Goods: those items specified in Clause 7;
Service: the services outlined in Clause 2;
We, Us, Our: Bedwas Self Storage Limited a Company registered in England, Company Number 08494907 and with its registered office at 2 Alexandra Gate, Ffordd Pengam, Cardiff, CF24 2SA who supplies the Service;
Website: www.studentselfstore.com
You, Your: the customer who wishes to use the Service and enters into the Agreement and agrees fully to the terms and conditions.
2. SCOPE OF SERVICE
The Service comprises of the following:
3. Ownership of the CARDBOARD BOXES
4. Terms and Conditions of Service
5. Work not included in the Service
Unless agreed by Us in writing, We will not:
6. Your Responsibilities
It will be Your responsibility to:
7. Prohibited Goods
The following items must not be submitted for collection or storage and will not be moved or stored by Us:
You shall fully reimburse Us for any costs incurred by Us as a result of Your Use of the Service or any breach of the Agreement.
11. Force Majeure
Please make particular note of Clause 6 (Your Responsibilities), Clause 7 (Prohibited Goods), Clause 9 (Our Liability for Loss or Damage) and Clause 12 (Our Right to Dispose of Your Goods).
Whilst We do try Our utmost to look after Your possessions both in transit and in storage, We cannot guarantee that the contents of Your Boxes will not be damaged.
1. DEFINITIONS
In these terms and conditions the following words have the following meanings:
Agreement: the agreement entered into by You and Us for the provision of the Service on these terms and conditions;
Cardboard Box: the empty cardboard box (flatpack) supplied by Us for the storage of Your Goods;
Box: the full box comprising the Cardboard Box supplied by Us and packed with Your Goods;
Goods: the contents of the Box packed by You for storing by Us;
Insurance Policy: the terms and conditions of cover provided under Our Insurance Policy. Our liability to You under the Insurance Policy will be limited to £100 per box;
Prohibited Goods: those items specified in Clause 7;
Service: the services outlined in Clause 2;
We, Us, Our: Bedwas Self Storage Limited a Company registered in England, Company Number 08494907 and with its registered office at 2 Alexandra Gate, Ffordd Pengam, Cardiff, CF24 2SA who supplies the Service;
Website: www.studentselfstore.com
You, Your: the customer who wishes to use the Service and enters into the Agreement and agrees fully to the terms and conditions.
2. SCOPE OF SERVICE
The Service comprises of the following:
- 2.1 The delivery of Cardboard Boxes for Your assembly (and packaging tape) to Your premises (i.e. Your specified delivery address).
- 2.2 the collection of Boxes packed with Goods from Your premises and delivery to Our storage facility;
- 2.3 the safe and secure storage of the Boxes;
- 2.4 the retrieval of the Boxes to Your premises (i.e. Your specified return delivery address).
- 2.5 The Service is currently only available in the UK from Monday to Friday at the times specified by Us.
3. Ownership of the CARDBOARD BOXES
- 3.1 The Cardboard Boxes will be supplied free-of-charge so long as the Boxes are stored by Us. Once You have paid the charges and the Box has been returned to You, ownership of the Cardboard Box will be transferred to You and You are entitled to keep the Cardboard Box for Your own use.
4. Terms and Conditions of Service
- 4.1 You agree to accept the terms and conditions of this Agreement and the use of such Service will be taken as full acceptance of this Agreement.
- 4.2 No variation of the terms and conditions of this Agreement will be effective unless expressly accepted in writing by Us. We reserve the right at any time to modify this Agreement and to change or impose new or additional terms and conditions. We shall provide you with four (4) weeks written notice in writing by post or email and/or displayed on the Website. You are responsible for regularly reviewing these terms and conditions and notices. Your continued use of the Services will be deemed acceptance thereof. If You do not accept the changes, You are entitled to terminate the Agreement as set out in Clause 14.
- 4.3 We may refuse to provide the Service where We consider that it may be used for any unlawful or improper purpose or any other reason or that it may be in breach or likely to be in breach of the terms and conditions of the Agreement.
- 4.4 You warrant that you are at least 18 years of age and that the Goods are Your own property or free of any legal charge or that the person who owns or has interest in the Goods has given You irrevocable authority to store the Goods on the terms and conditions in this Agreement. You shall indemnify Us for any costs We incur or claims made against Us for breach of this warranty.
- 4.5 All times quoted by Us for delivery, collection or return delivery are estimates only and We shall not be liable for any delays whatsoever.
- 4.6 We have the right to cancel or delay a delivery or collection if this is caused by weather conditions, or any other reason such as limited access, that may result in putting Us in danger of injury.
- 4.7 We may specifically refuse to collect any Box if We consider that the Box has not been securely packed in accordance with the requirements of Clause 6.2, exceeds the gross Box weight limit in accordance with Clause 6.3 or We have reason to believe that a Box contains Prohibited Goods as set out in Clause 7.
- 4.8 We may open a Box and inspect the Goods without notification, or may refuse to store any Goods or return to You at Your cost, if We have reason to believe that a Box contains Prohibited Goods as set out in Clause 7 or are deemed to be likely to cause injury or damage to persons or property or We are required to do so by the emergency services, local authority, a court order or any order by a public authority.
- 4.9 You must not offer the Service to any third party by way of sub-licence or any other means without Our express written consent, nor use the Service in an unlawful or fraudulent manner.
- 4.10 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from the failure to discharge any of Our responsibilities set out within the Agreement.
5. Work not included in the Service
Unless agreed by Us in writing, We will not:
- 5.1 Assist in the packing of Goods;
- 5.2 dismantle or assemble furniture of any kind;
- 5.3 disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment;
- 5.4 collect Boxes from a loft or attic, unless properly lit and floored and safe access is provided.
6. Your Responsibilities
It will be Your responsibility to:
- Ensure that Your contact details, including email address and mobile telephone number, are up-to-date and accurate;
- ensure that the Boxes have been securely and properly packed in compliance with any statutory regulations or recognised standards and in such condition as not to cause damage or injury or the likelihood of damage or injury to Our property or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise;
- not exceed any Box gross weight limit shown on the Cardboard Box (or a maximum of 20kg per Box whichever is the smaller);
- be present or represented throughout the agreed collection or delivery;
- provide sufficient access to enable Us to carry out the required Service;
- ensure that You or Your authorized representative sign for the Boxes when requested as confirmation of collection or delivery;
- take all reasonable steps to ensure that nothing is collected in error;
- inform Us in writing within 48 hours of any damage to Your Goods or property that has occurred during storage, delivery, collection or return delivery;
- adequately insure the Goods with a reputable insurance company and will not cause or allow that insurance cover to lapse whilst the Goods are in Our possession (in transit and in Our storage facility) as Our liability is limited under Clause 9;
- fully comply with H M Revenue & Customs regulations relating to Goods stored and You undertake to indemnify Us and keep Us indemnified against all actions, proceedings, costs, claims and demands arising out of any breach, non-observance or non-performance of the same.
7. Prohibited Goods
The following items must not be submitted for collection or storage and will not be moved or stored by Us:
- HAZARDOUS, combustible, flammable, damaging or explosive goods, including liquids, chemicals, gas bottles, aerosols, paints, firearms and ammunition or any other material of a dangerous or toxic nature;
- JEWELLERY, ivory, bullion, precious stones or precious metals;
- ANTIQUES, works of art or collections of a similar kind;
- MONEY, deeds, securities, coins, cash or negotiable instruments (including cheques and any vouchers with a face value);
- POLLUTANTS that are likely to cause contamination, infestation or encourage vermin or other pests or emit fumes, smell or odour;
- PERISHABLE items or those requiring a controlled environment including frozen or perishable food;
- LIVING or dead animals, birds, fish, reptiles, plants or any other living organism of any type;
- ILLEGAL or stolen goods, drugs, pornographic material or any goods prohibited by the law or regulation of any government or public or local authority or goods that require special licence or government consent for export or import.
- Our standard charges are shown on the Website’s ‘Our Pricing’ page and include VAT at the current rate. Should the VAT rate change, the charges will reflect the change in VAT from the date the change takes effect.
- We review Our charges periodically. We reserve the right to increase Our charges at any time on giving four (4) weeks’ notice in writing on the Website and providing You with the opportunity to terminate the Agreement in accordance with Clause 14.
- The charges are payable in advance by debit or credit card.
- The charges will be payable, and Your card debited, as soon as You order Your Cardboard Boxes. However, the storage term only commences when the Boxes reach Our storage facility, which will normally be the same day that the Boxes are collected from Your premises.
- An administration fee of £25 may be charged to cover the cost of failed transactions resulting from the issuer of Your payment card refusing, for any reason, to authorise payment to Our bank account.
- In respect of all sums that are overdue to Us, We will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England. This does not prejudice Our right to withhold or sell Your Goods under Clause 12 or to any other remedy available to Us.
- We reserve the right to apply additional charges resulting from:
- A failed collection or delivery of a Box exceeding the weight limit (refer to Clause 6.3);
- a failed collection or delivery or removal from storage of a Box containing Prohibited Goods listed in Clause 7;
- a failed collection or delivery of a Box that has not been securely and properly packed (refer to Clause 6.2);
- a failed collection or delivery due to You or someone authorised by You not being available at the premised at the specified time (refer to Clause 6.4);
- a failed collection or delivery due to insufficient access (refer to Clause 6.5);
- any other reason due to Your failure to fulfil Your responsibilities under the Agreement.
- We do not know the value of Your Goods therefore We limit Our maximum liability under Our Insurance Policy to £100 per Box. It is Your responsibility to adequately insure the Goods with a reputable insurance company and will not cause or allow that insurance cover to lapse whilst the Goods are in Our possession (both in transit and in Our storage facility).
- On receipt of the Boxes, You must promptly examine the Goods and notify Us in writing of any loss or damage to the Goods within seven days of the return delivery of the Boxes and a claim submitted within 30 days.
- Our total liability, per Box, resulting from any part of the Service (including the loss and/or damage of Goods during collection, transit, storage or return delivery), in breach or otherwise of the Agreement or as a result of any negligence on Our part, shall not in any event exceed the lower of:
- £100 and
- cost price of the Goods.
- We do not warrant that Our storage facility is suitable for the storage of any specific type of Goods.
- However, nothing in these terms and conditions shall exclude or limit Our liability for fraud, for death or personal injury caused by Our negligence, or for any other liability that cannot be excluded or limited under applicable law.
- To the maximum extent permitted by applicable law We exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
- We shall not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under the terms and conditions or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
- Whilst We endeavour to ensure that the information on the Website is correct, We do not warrant its completeness or accuracy; nor do We commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
You shall fully reimburse Us for any costs incurred by Us as a result of Your Use of the Service or any breach of the Agreement.
11. Force Majeure
- We shall not be in breach of the Agreement, nor liable for any failure or delay in performance of any obligations under the Agreement arising from or attributable to acts, events, omissions or accidents beyond Our reasonable control, including but not limited to any of the following any natural disaster, extreme adverse weather conditions, riot, strike or lock-out, trade dispute or labour disturbance, accident, breakdown of plant, machinery, computers, vehicles or the Internet, fire, explosion, flood, interruption or failure of utility service, including but not limited to electrical power, gas or water, war, threat of or preparation for war, armed conflict, act of terrorism, environmental or health emergency or hazard, arrest or seizure or confiscation of Goods by competent authorities, or compliance with any law.
- We will not be liable to You for so long as the event continues for failing to meet our obligations. We will try to minimise any effects arising from such circumstances, but if We have not managed to resolve the situation within 3 weeks You will be entitled to terminate this Agreement without charge and arrange with Us for removal of Your Goods at the earliest available opportunity.
- If any sum payable under the Agreement is still outstanding one month after the service of written notice from Us requiring You to pay all outstanding amounts in full and arrange as necessary the return delivery of Boxes we have the right to:
- sell some or all the Goods on Your behalf and pass good title to them to cover any outstanding sums due to Us and to cover any other costs reasonably incurred by Us in recovering such outstanding sums (i.e. the cost of the sale, legal costs);
- If the proceeds of the sale are insufficient to discharge Your outstanding liability to Us then You will remain liable for the balance and We may take any action We consider necessary to recover the outstanding amounts;
- treat any Goods not sold as abandoned and destroy or otherwise dispose of them.
- We reserve the right to assign or sub-contract some or all of the work in the performance of Our duties and obligations to carry out the Service without removing any liabilities under the Agreement.
- You shall not have the right to assign, sub-contract or sub-license in any way under the Agreement without Our prior written consent.
- If payments are up-to-date, You may terminate the Agreement at any time by requesting the return delivery of all Your Boxes.
- We may terminate the Agreement for any reason by giving You no less than two (2) weeks’ written notice.
- We may terminate the Agreement with immediate effect by giving You written notice if Your payments are overdue or You are in breach of any of the terms and conditions of the Agreement.
- Following termination of the Agreement, if You fail to arrange the return delivery of Your Boxes within 30 days of termination, We reserve the right to dispose of the Goods in accordance with the conditions laid out in Clause 12.
- Any notice or other communication required to be given by You or by Us under or in connection with the Agreement shall be in writing and shall be either hand delivered, posted or emailed to the other party.
- Any notice to Us shall be addressed to Us and use the mailing address or email address on Our About Us page on the Website.
- Any notice to You shall be addressed to You and use the email address last notified by You.
- The date of service of the notice shall be deemed to be the date on the face of the actual notice or the date the email was sent.
- The Agreement constitutes the entire agreement between the Parties. You acknowledge that You have not relied on any statement, promise or representation made or given by Us or on Our behalf, whether negligently or not, which is not set out in the Agreement.
- Any delay by Us in exercising any of Our rights under this Agreement will not impair Our rights or be a waiver of those rights, nor will any partial exercise of any right preclude a further exercise of that right.
- Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You jointly and separately.
- Every provision in these terms and conditions is severable and distinct from every other provisional any if at any time one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected in any way.
- We will process the information given by You in accordance with the Data Protection Act 1998. Your data will be used for the purpose of this Agreement. We will only release Your information if in Our sole discretion We believe it is necessary to comply with the Law, for fraud protection, or to protect the safety of any person at the site or the security of any other unit or its contents.
- No one other than You or Us shall have any rights under this Agreement. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.
- This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the Laws of England and Wales and You and We submit to the exclusive jurisdiction of the courts of England and Wales.